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A. A person is guilty of unlawful public camping if he or she uses nonresidential public property, as defined in this section, as a temporary or permanent place of dwelling, lodging, residence, or living accommodation, at any time between sunset and sunrise, except at places set aside and posted for such purposes by the city manager or his or her designee, or by permit issued by the city manager or his or her designee.

B. For the purposes of this section, “nonresidential public property” means any street, sidewalk, city park, public park, or any other open area where the city or other governmental agency has a property interest, to include easements. “Nonresidential public property” does not include houses, apartments, or other fixed residential living quarters owned or leased by the city.

C. Indicia of camping include, but are not limited to: tents or other temporary shelters, bedding, storage of personal belongings, and use or storage of cooking equipment.

D. Unlawful public camping is a misdemeanor.

E. A person is not guilty of unlawful public camping if, at the time the person is on public property, there is no available overnight shelter. “Available overnight shelter” means a public or private shelter, with available overnight space, open to individuals experiencing homelessness, at no charge. If the person is unable to utilize an available overnight shelter due to voluntary actions such as intoxication, drug use, unruly or assaultive behavior, or violation of shelter rules, the overnight shelter space shall still be considered available for the purposes of this section. (Ord. 6385 § 2, 2017.)