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Home My WebLink About2024-03-12 - Camping OrdinanceCity of Dania Beach Business Impact Estimate Meeting Date March 12, 2024 Location City Commission Chamber Time 7:00 p.m. Address 100 W Dania Beach Blvd, Dania Beach, FL This Business Impact Estimate is provided in accordance with Section 166.041(4), Florida Statutes. If one or more boxes can be checked below, a Business Impact Estimate is not required by state law for the Proposed Ordinance. ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the city; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. If no boxes are checked, please continue. Otherwise, there is no need to complete the remainder of this form. Proposed Ordinance Title AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTERS 17, ENTITLED “OFFENSES – MISCELLANEOUS” IN ORDER TO AMEND THE CITY'S EXISTING PROHIBITION ON CAMPING TO ENSURE THAT THE PROHIBITION AND ENFORCEMENT MEASURES CONTAINED IN THE CODE COMPLY WITH CONSTITUTIONAL REQUIREMENTS FOR SUCH ORDINANCES AS SET FORTH BY THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT IN JOEL V. CITY OF ORLANDO, 232 F.3D 1353 (11TH CIR. 2000); AND UPDATING THE CODE VIOLATIONS RELATING TO CAMPING; REPEALING SECTIONS 17.16 “ARREST AND TRIAL,” 17.15 “VAGRANTS”, AND 17-12.1, “SAME — PROHIBITED GENERALLY”, RELATING TO LOITERING PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City of Dania Beach Business Impact Estimate Meeting Date March 12, 2024 Location City Commission Chamber Time Address 100 W Dania Beach Blvd, Dania Beach, FL Proposed Ordinance Title AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTERS 17, ENTITLED “OFFENSES – MISCELLANEOUS” IN ORDER TO AMEND THE CITY'S EXISTING PROHIBITION ON CAMPING TO ENSURE THAT THE PROHIBITION AND ENFORCEMENT MEASURES CONTAINED IN THE CODE COMPLY WITH CONSTITUTIONAL REQUIREMENTS FOR SUCH ORDINANCES AS SET FORTH BY THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT IN JOEL V. CITY OF ORLANDO, 232 F.3D 1353 (11TH CIR. 2000); AND UPDATING THE CODE VIOLATIONS RELATING TO CAMPING; REPEALING SECTIONS 17.16 “ARREST AND TRIAL,” 17.15 “VAGRANTS”, AND 17-12.1, “SAME — PROHIBITED GENERALLY”, RELATING TO LOITERING PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Summary of Proposed Ordinance (including public purpose to be served) (a) The proposed amendment to the City's existing camping prohibition ensures that the prohibition and enforcement measures contained herein comply with constitutional requirements for such ordinances as set forth by the United States Court of Appeals for the Eleventh Circuit in Joel v. City of Orlando, 232 F.3d 1353 (11th Cir. 2000). There have been concerns relating to sleeping on public property/camping. The amendment defines camping and sleeping, and requires questioning on whether the person(s) have no other place to live. If a law enforcement officer or other authorized official encounters a person engaged in camping who volunteers that he or she has no home or other permanent shelter, he or she must be given an opportunity to voluntarily enter a homeless shelter or similar facility within Broward, if available to that person, or to accept other available government assistance for which the person is eligible that would result in housing, including, but not limited to, mutually consensual reunification with family or friends in any location, or consensual placement in any other appropriate facility that provides housing within Broward County. If no homeless shelter or other facility, or government assistance, that would result in immediate housing, is available for which the person is eligible, an arrest may not be made. (b) Upon arrest, evidence of camping (sleeping bags, bedroll, cardboard, newspapers, etc.), should not be destroyed, but should be seized and placed in the Police Department’s Property and Evidence Department. Estimate of Direct Economic Impact on Private For-Profit Businesses (a) An estimate of direct compliance costs that businesses may reasonably incur; The ordinance complies with most recent caselaw on camping and addresses all current case law addressing the homeless, to ensure that the homeless are not arrested but housed. The ordinance is basically what BSO is currently doing every day, seeking to provide shelter and protection to the homeless and others camping without authorization in public areas. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; and Not applicable (c) An estimate of the city’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. Not known at this time Good Faith Estimate of Number of Businesses to be Impacted 0 Additional / Other Information [Enter here] Eve A. Boutsis Department Director/Designee Name Signature