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Home My WebLink AboutO-2024-036 Amending Ch. 17 Relating to Public CampingORDIN.A.NCENO.2O2.I., AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA. AMENDING CHAPTERS 17, ENTITLED "OFFENSES MISCELLANEOUS'TO REPEAL THE CITY'S CAMPING ORDTNANCE IN ORDER TO ENFORCE THE COUNTY'S ANTI.CAMPING ORDINANCE AND PROVIDTNG FOR NOTICE TO THE CITY OF CAMPING VIOLATIONS; PROVIDING FOR CONFLICTS: PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is thc policy of the City of Dania Beach that public propcrty. including, but not limited to, public sidewalks, streets, alleyways, parks, beach access areas, walkways, pathways, garages, buildings, promcnades, and pedcstrian malls should be readily accessible and available for use by residcnts. visitors and the public at large for their sale enioymcnt; and WHEREAS, thc use of public areas by individuals for camping interfercs with the rights ofresidents, visitors and thc public to frecly use public spaces for the purpose for which they were intended; and WHEREAS, the prohibition on camping in public places in thc City furthers thc lcgitimate governmcntal interest in protecting the public health and the safeqv of all persons within the Ci6,; and WHEREAS, during its 2024 legislative session the Florida Legislature enacted House Bitl 1365, which prohibits counties or municipalities from authorizing or otherwise allow'ing "an1 person to regularly engage in public camping or sleeping on any public property, including, but not limited to. any public building or its grounds and any public right-ol'-way under the jurisdiction of the county or municipality, as applicable"; and WHEREAS. the House Bill was codilled at Section 125.0231, Florida Statutes, became effective July 1. 2024. and prohibits counties or municipalities from authorizing or otherw'ise allowing "any person to regularly engage in public camping or sleeping on any public property. including, but not limited to, any public building or its grounds and any public right-ofl-wa.v under the jurisdiction ofthe county or municipality, applicable"; and WHEREAS, additionally. the Bill creates a private cause of action, that becomes effective on January l,2025, which provides the authority for a resident to sue a city for damages and attomeys f'ees. if. after 5 business days' notice to the City ofa violation of Section 125.0231. the violation has not been cured by the Ciq'; and WHEREAS. based upon the requirements of the House Bill, the Broward County adopted ordinance no. 2024-37, effective October 9. 2024. which ordinance precludes public camping consistent with the state law requirements. and which county ordinance is enforceable anywhere in the county; and WHEREAS, the Broward Sheriff-s Of-fice advises that it can arrest under the Broward County ordinance. but u'ill not enforce any city ordinance on camping prohibitions: and WHEREAS, the City seeks to utilize the County Ordinance to ensure that violators can be housed in thejail, if lound in violation olthe Countl"s anti-camping ordinance; and WHEREAS. although utilizing the Countl's ordinance 2024-37, the Ciry* is seeking to modity the notice requirement of the County' so that the Citf is noticed of any violations within the jurisdictional limits of the City. and the City' seeks to create a n'ebsite link for all complaints relating to unauthorized camping in the City of Dania Beach to make it easier for its residents and for the City to follow up timely on any complaints: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section l. That the preceding "WHEREAS* clauses are ratified and incorporated as a record ofthe legislative intent ofthis Ordinance. Section 2. That Chapter 17. entitled "Offenses Miscellaneous" ofthe City's Code of Ordinances" at Article I. "ln General". is amended to read as tbllows: CHAPTER I7 OFFENSES - MISCELLANEOUS ARTICLE I. IN GENERAL Sec. l7-l l.-1 Camping prohibited;Compliance with Broward County Ordinances sections 2l-2.21-3.21-6 and notice of violation to Dania Beach I)rocedure for sam e: Iml,Trr5. T'he Citv ol'Dania Beach shall utilize and implcment Broward Countv Ordinances and cite to the Broward Count ordinances fbr cam violations l1 .l I'ublic Carnpinr or sleepinu: prohihition: penalties. I1.-l I)ublic camping or sleepinil: complaints. I I .(r fJrouard Countr Adult Cir il Citation l)rogranr. oRDINANCE .202t- . .,'.^ A resident ofthe Coun a business located in Bronard Coun or the Florida Attometv-General mav provide written notice ola violation ef Broward Countv Ordinances 2l -2. 2l-3. and 2l -6 relating to public campine violations. to the CitY Csrn4lrusn via a desiqnate an e-m to be displaved on the Citv's website to sen'e as the Dnmar\ nte of receivinu such urittenans notice. The email for all comp laints shall be encamDmentrD daniabeachfl. eor. To enable the cit\to take reasonable action uithin the limits of its authorin to cure an alleqed violation. the written notice must spec!fl1 a. The location ofthe violation b. The dat ei S )ofthe alle ed violation c. A description or photoqraph olthe alleged violator: and d. Anr other infbmration that \\ill assist the C'in to address or otheruisc to curc the allesed r iolation r^- rL,, ^,,^.,.,,. .-+. 1L;" .^,'r;,.- rr,'^-^i-^rr :.- ,l-t:,....1 ,'...fra .l ORDINANC E i2024-,',-\ --,: \; (a) Sleeping or eth @ eempi is-sec+i€n is /^\ rl,,-.,,.-^^+ L^- L.,:li - ^--^+:--. ^-W /^\ I I^,,- -*-.r -,'i,l--.-- ..t' ,'.,-.^;-,' /.1--^i-^ L^^" l.'-,l-^llorcrTl,rrEf rlrclE .,,1 :,,1.. :- -,-r -.,;,1--^- -L^.,1.1 L- r-1.-- r,' r,'- -^--^^-;-t- Er- ",-..1 r-,,,,^r., :^:l,,,:rL iL^ t\-l:-,-l^-i Section 3. That if any section. clause. sentence. or phrase ofthis Ordinance is fbr any reason held invalid or unconstitutional by a court of competent jurisdiction. the holding shall not affect the validity ofthe remaining portions oithis Ordinance. Section.l. That all ordinances or parts ofordinances in conflict n'ith the provisions of this Ordinance are repealed to the extent of such conflict. Section 5. That it is the intention of thc Mayor and City Commission of thc City of Dania Bcach, and it is hereby ordained that thc provisions of this ordinancc shall bccomc and bc madc a part of the Code of the City of Dania Beach, Florida. Thc scctions o['this ordinancc may bc rcnumbcred or re-lettered to accomplish such intention. and thc word "ordinancc" may bc changed to "section," "articlc," or othcr appropriate word. l oRDINANCE p2o?4- r-\ 1J reading. Section 6.That this Ordinance shall be effective l0 days after passage on second PASSED on tirst reading * NwtrnU<r 6 .2024. PASSED AND ADOPTED on second readinq on First Readin Motion by' Second b1,' Second Re Motion by Second by adin U Yt\r,r /a FINAL VOTE ON ADOPTION: Commissioner Lori Lewellen Commissioner Luis Rimoli Commissioner Archibald J. Ryan Vice Mayor Marco Salvino Mayor Joyce L. Davis IV ATTEST: ELORA CITY CI-FRK APPROVED AS TO FORM AND CORRECTNES I}TSIS Unanimous Yes No 5 R L AVIS A ts HED ATTORNEY ORDINANCE 4202.I-03tc EqL4AW-( lD 102.+. h-:-