19356 2/21, 2/28/25 ORDINANCE NO. 968 AN ORDINANCE

19356 2/21, 2/28/25 ORDINANCE NO. 968 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF PAYSON, ARIZONA, AMENDING THE CODE OF PAYSON, ARIZONA, TITLE XIII GENERAL OFFENSES, CHAPTER 130 GENERAL OFFENSES, BY REPEALING IN ITS ENTIRETY SECTION 130.17 CAMPING OR SLEEPING IN CERTAIN PLACES AND ADDING SECTION 130.41 URBAN CAMPING, SECTION 130.42 PROHIBITED USE OF PUBLIC RIGHT-OF-WAY, SECTION 130.43 CAMPING IN PUBLIC PLACES, AND SECTION 130.44 TEMPORARY EXCLUSION FROM TOWN PUBLIC PROPERTIES; AMENDING SECTION 130.99 PENALTY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING PENALTIES; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, public places in the Town of Payson (the “Town”), including public parks, provide common areas for residents of the community and non-residents to meet, relax, and take part in recreational, cultural, social, and other activities; and WHEREAS, it is the responsibility of the Town and, in the best interests of residents of the community and nonresidents, to ensure that public streets, sidewalks, parks, and other public places are made readily accessible to the public; and WHEREAS, in furtherance of protecting these public areas, it is in the best interests of the Town to prohibit the use of certain public areas for urban camping and the storage of personal property, other than those for which the property was designed; and WHEREAS, the Town has experienced an influx of individuals camping on public property and desires to impose reasonable regulations to regulate the time, place, and manner of camping in Town limits to protect public health, safety, and sanitation and allow tools to prevent and address public nuisances. NOW THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Payson, Arizona, as follows: Section 1. The Code of Payson, Arizona, Title XIII General Offenses, Chapter 130 General Offenses, is hereby amended by repealing in its entirety Section 130.17 Camping or Sleeping In Certain Places and adding Section 130.41 Urban Camping, Section 130.42 Prohibited Use of Public Right-of-Way, Section 130.43 Camping in Public Places, Section 130.44 Temporary Exclusion from Town Public Properties and amending Section 130.99 Penalty, to read as follows: § 130.41 URBAN CAMPING PURPOSE. THE PURPOSE OF THIS SECTION IS TO MAINTAIN STREETS, SIDEWALKS, PARKS AND OTHER PUBLIC AND PRIVATE AREAS WITHIN THE TOWN IN A CLEAN, SANITARY AND ACCESSIBLE CONDITION AND TO ADEQUATELY PROTECT THE HEALTH, SAFETY AND PUBLIC WELFARE OF THE COMMUNITY, WHILE RECOGNIZING THAT, SUBJECT TO REASONABLE CONDITIONS, CAMPING AND CAMP FACILITIES ASSOCIATED WITH SPECIAL EVENTS CAN BE BENEFICIAL TO THE CULTURAL AND EDUCATIONAL CLIMATE IN THE TOWN. NOTHING IN THIS SECTION IS INTENDED TO INTERFERE WITH OTHERWISE LAWFUL AND ORDINARY USES OF PUBLIC OR PRIVATE PROPERTY. DEFINITIONS. UNLESS THE PARTICULAR PROVISIONS OR THE CONTEXT OTHERWISE REQUIRES, THE DEFINITIONS CONTAINED IN THIS SECTION SHALL GOVERN THE CONSTRUCTION, MEANING AND APPLICATION OF WORDS AND PHRASES USED IN THIS SECTION. “CAMP” OR “CAMPING” MEANS TO RESIDE IN OR USE A PUBLIC PARK, PUBLIC PLACE, OR PUBLIC STREET, OR TO USE ANY BUILDING, FACILITY, OR STRUCTURE, ON ANY PROPERTY THAT IS OWNED, POSSESSED, OR CONTROLLED BY THE TOWN FOR LIVING ACCOMMODATION PURPOSES INCLUDING, BUT NOT LIMITED TO, ACTIVITIES SUCH AS ERECTING TENTS OR ANY OTHER STRUCTURE PROVIDING SHELTER, DIGGING OR BREAKING EARTH, LAYING DOWN BEDDING FOR THE PURPOSES OF SLEEPING, USING CAMP PARAPHERNALIA, STORING PERSONAL BELONGINGS, STARTING A FIRE, REGULARLY COOKING OR PREPARING MEALS, OR LIVING IN A PARKED VEHICLE. THE ABOVE-LISTED ACTIVITIES CONSTITUTE CAMPING WHEN IT REASONABLY APPEARS, IN LIGHT OF ALL THE CIRCUMSTANCES, THAT THE PARTICIPANTS, IN CONDUCTING THESE ACTIVITIES, ARE IN FACT USING THE AREA FOR LIVING ACCOMMODATION PURPOSES REGARDLESS OF THE INTENT OF THE PARTICIPANTS OR THE NATURE OF ANY OTHER ACTIVITIES IN WHICH THEY MAY ALSO BE ENGAGING. “CAMP PARAPHERNALIA” INCLUDES, BUT IS NOT LIMITED TO, TARPAULINS, COTS, BEDS, SLEEPING BAGS, HAMMOCKS, CARDBOARD BOXES USED AS MAKESHIFT STRUCTURES, BLANKETS, OR NON-TOWN DESIGNATED COOKING FACILITIES AND SIMILAR EQUIPMENT. “PUBLIC PARK” MEANS ALL TOWN PARKS AND PLAYGROUNDS. “PUBLIC PLACE” MEANS PUBLIC PLAZAS, TRANSPORTATION FACILITIES, BUS STOPS, PUBLIC BENCHES, SCHOOLS, ATTRACTIONS, MONUMENTS, AND IMPROVED AND UNIMPROVED PUBLIC AREAS. “PUBLIC STREET” MEANS ALL PUBLIC STREETS AND HIGHWAYS, PUBLIC SIDEWALKS AND INCLUDES PUBLIC PARKING LOTS, AND PUBLIC PARKING STRUCTURES. § 130.42 PROHIBITED USE OF PUBLIC RIGHT-OF-WAY. IT SHALL BE UNLAWFUL FOR ANY PERSON TO USE A PUBLIC STREET, ALLEY, LANE, PARKWAY, OR OTHER RIGHT-OF-WAY, WHETHER SUCH RIGHT-OF-WAY HAS BEEN DEDICATED TO THE PUBLIC, IN FEE OR BY EASEMENT, FOR LYING, SLEEPING, REMAINING IN A SITTING POSITION THEREON, OR CAMPING, EXCEPT IN THE CASE OF A PHYSICAL EMERGENCY OR THE ADMINISTRATION OF MEDICAL ASSISTANCE. NO PERSON MAY SLEEP IN ANY PEDESTRIAN OR VEHICULAR ENTRANCE TO PUBLIC OR PRIVATE PROPERTY ABUTTING A PUBLIC SIDEWALK. IN ADDITION TO ANY OTHER REMEDY PROVIDED BY LAW, ANY PERSON FOUND IN VIOLATION OF THIS SECTION MAY BE IMMEDIATELY REMOVED FROM THE PREMISES AS A MATTER OF INDIVIDUAL AND PUBLIC SAFETY. § 130.43 CAMPING IN PUBLIC PLACES. CAMPING PROHIBITED. NO PERSON SHALL CAMP IN ANY PUBLIC PARK, PUBLIC PLACE, OR UPON ANY PUBLIC STREET, EXCEPT WHERE SPECIFICALLY AUTHORIZED BY THE TOWN. SPECIAL EVENTS EXCEPTION. THE TOWN MAY, IN ACCORDANCE WITH THE TOWN'S ESTABLISHED PROCEDURES, ISSUE SPECIAL USE PERMITS OR RESERVATION PERMITS TO AUTHORIZE EVENT ORGANIZERS TO CAMP OR PARK VEHICLES OVERNIGHT IN A PARK. NOTHING IN THIS SECTION SHALL BE INTERPRETED TO PROHIBIT CAMPING OR OVERNIGHT PARKING SPONSORED OR APPROVED BY THE TOWN OF PAYSON. § 130.44 TEMPORARY EXCLUSION FROM TOWN PARK PROPERTIES AN INDIVIDUAL MAY BE ISSUED A WRITTEN EXCLUSION ORDER BY A LAW ENFORCEMENT OFFICER BARRING SAID INDIVIDUAL FROM A PUBLIC PARK FOR A PERIOD OF THIRTY (30) DAYS, IF WITHIN A ONE-YEAR PERIOD THE INDIVIDUAL IS ISSUED TWO (2) OR MORE CITATIONS IN THE SAME PARK FOR VIOLATING REGULATIONS RELATED TO PARK PROPERTIES. THE FOREGOING EXCLUSION ORDER SHALL ONLY APPLY TO THE PARTICULAR PUBLIC PARK IN WHICH THE OFFENDING CONDUCT UNDER SECTION 130.43 OCCURRED. § 130.99 PENALTY. (A) Any person who violates any provision of this chapter for which no specific penalty is otherwise provided, shall be subject to the provisions of § 10.99. B) Any person who violates a provision of this chapter that is a civil violation is subject to a civil penalty not to exceed $300.00 and any penalty assessments pursuant to A.R.S. §§ 12- 116.01 and 12-116.02. Any person who violates or attempts to violate any of the provisions of § 130.76 shall be guilty of a Class 1 misdemeanor and upon conviction shall be punished by a fine not to exceed $2,500, by imprisonment not to exceed six months, or both; except that any person convicted under § 130.76(B) shall receive the mandatory minimum penalty of serving 48 hours consecutively in the county jail, without work release or credit for any prior time served in jail. Any town magistrate who accepts a guilty plea for a violation of § 130.76(B) or who, after trial, finds a person guilty of a violation of § 130.76(B), shall require the convicted person to serve the 48-hour mandatory minimum sentence, together with any other fines, jail time, probation, community service or other lawful sentence that the court deems just and proper. The prescribed 48-hour jail time may be neither suspended, waived nor exempted by the sentencing court for any violation of § 130.76(B). FOR VIOLATIONS OF SECTIONS 130.42, 130.43 OR 130.44: PENALTY. ANY PERSON WHO VIOLATES SECTIONS 130.42, 130.43 OR 130.44 SHALL BE SUBJECT TO A CLASS THREE (3) MISDEMEANOR AND SUBJECT TO A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) OR BY IMPRISONMENT FOR A PERIOD NOT TO EXCEED THIRTY (30) DAYS, OR BOTH SUCH FINE AND IMPRISONMENT. EACH DAY THAT A VIOLATION CONTINUES SHALL BE A SEPARATE OFFENSE PUNISHABLE AS HEREIN DESCRIBED. SERVICES. AN INDIVIDUAL CHARGED WITH VIOLATION OF THIS CHAPTER, WITH THE CONSENT OF THE INDIVIDUAL, MAY BE TAKEN TO A FACILITY PROVIDING SOCIAL SERVICES RELATED TO MENTAL HEALTH, HOUSING, AND/OR SUBSTANCE ABUSE TREATMENT IN LIEU OF CITATION, SUBJECT TO AVAILABILITY. MITIGATION. UPON CONVICTION FOR A VIOLATION OF THIS CHAPTER, IN ADDITION TO ANY OTHER FACTORS DEEMED APPROPRIATE BY THE COURT, THE COURT SHALL CONSIDER IN MITIGATION WHETHER THE PERSON IMMEDIATELY REMOVED ALL PERSONAL PROPERTY AND LITTER, INCLUDING BUT NOT LIMITED TO BOTTLES, CANS, AND GARBAGE FROM THE CAMPSITE AFTER BEING INFORMED THEY WERE IN VIOLATION OF THE LAW. Section 2. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed. Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or any part of the Code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section 4. Any person found guilty of violating any provision of this Ordinance shall be guilty of a Class Three (3) misdemeanor and subject to a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment for a period not to exceed thirty (30) days, or both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as herein described. Section 5. Pursuant to A.R.S. § 19-142 and Town Code § 30.54, this Ordinance shall become operative 30 days after its passage. PASSED AND ADOPTED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF PAYSON, ARIZONA this 12th day of February 2025, by the following vote: AYES 7 NOES 0 ABSTENTIONS 0 ABSENT 0 FOR THE TOWN OF PAYSON: Stephen Otto, Mayor ATTESTED TO: Tracie Bailey, Town Clerk, APPROVED AS TO FORM: Pierce Coleman, PLLC Town Attorney