PUBLIC NOTICE: Ordinance 19-002

PUBLIC NOTICE

The Village of San Leanna adopted Ordinance No. 19-002 at the Board of Alderman meeting on August 15, 2019.  The ordinance will become effective on, August 16, 2018.  Please call (512) 280-3898 if you have questions or would like further information and/or a copy of the ordinance.

 

VILLAGE OF SAN LEANNA

ORDINANCE NO. 19-002

CAMPING ORDINANCE

AN ORDINANCE OF THE VILLAGE OF SAN LEANNA PROHIBITING CAMPING IN PUBLIC AREAS; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCE PROVISIONS, AND AN EFFECTIVE DATE.

 

 

 

FULL ORDINANCE BELOW:

 

ORDINANCE NO. 19-002

 

AN ORDINANCE OF THE VILLAGE OF SAN LEANNA PROHIBITING CAMPING IN PUBLIC AREAS; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCE PROVISIONS, AND AN EFFECTIVE DATE.

 

WHEREAS, the Village of San Leanna owns or acts as trustee for the public in regard to various types of public land, including streets, highways, parks, parking lots, alleyways, pedestrian ways, and the common areas; and

WHEREAS, the Village Council is of the opinion that it is in the best interest of the public and the Village to prohibit persons from camping in public areas except when such camping is specifically authorized in a designated area;

 

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE VILLAGE OF SAN LEANNA, that:

 

SECTION 1: The foregoing recitals are adopted and incorporated into this ordinance for all purposes.

 

SECTION 2:  The following is adopted as an ordinance of the Village of San Leanna:

 

 Camping in public areas

(a)     Except in designated areas, it shall be unlawful for any person to camp in any public area.

(b)     As used herein, the term “public area” shall mean an outdoor area to which the public has access and includes, but is not limited to, streets, highways, parks, parking lots, alleyways, pedestrian ways, and common areas

(c)     For purposes of this section, the term “camp” means to use a public area for living accommodations for purposes such as, but not limited to, the following:

(1)     Sleeping, or making preparations to sleep, including the laying down of bedding for the purpose of sleeping;

(2)     Storing personal belongings;

(3)     Making a fire;

(4)     Using tents or shelter or other structure or vehicle for sleeping;

(5)     Carrying on cooking activities; or

(6)     Doing any digging or earth breaking.

(d)     The activities listed in subsection (c) of this section shall 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 accommodations purposes, regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.

(e)     It shall be an affirmative defense to prosecution that a person is the person who owns the property or has secured the permission of the property owner to camp in a public area.

SECTION 3.  Any provisions of the ordinances of the Village of San Leanna in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.

           

SECTION 4.  Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole.

 

SECTION 5.  This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide.

 

DULY PASSED AND ADOPTED by the Village Council of the Village of San Leanna, Texas, on the 15th day of August, 2019.

 

APPROVED:

_______________________________

Molly Quirk, Mayor

ATTEST:

 

 _______________________________

Rebecca Howe, Village Secretary