2023-11-28-AGENDA - Laserfiche WebLink

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(h) PUBLIC PROPERTY. Any property owned, leased, or controlled by a Governmental Entity. (i) RESIDENTAIAL. Any property or area within the territorial limits of the City that is located in a Residential District as defined in the Zoning Ordinance including vacant residentially -zoned. (j) TRANSITORY SHELTER. Without limitation, any vehicle or motor vehicle, including recreational vehicles and semi -trailer truck, any tent, tarpaulin, lean-to, sleeping bag, bedroll, blankets, or any form of cover or protection from the elements other than clothing. A recreational vehicle, semi -truck, or tractor trailer lawfully parked at a truck stop with fuel and accessory services shall not be considered Transitory Shelter for the purpose of this Section. Section 3: Prohibition. It shall be unlawful for any person to camp upon any: (a) Non-residential private property without possessing authorization of the property owner or the owner's agent; (b) Residential private property that has no permanent dwelling, or that is lacking a potable water source and toilet facilities, without possessing authorization of the property owner or the owner's agent; or (c) Residential private property that has a permanent dwelling and both potable water source and toilets facilities, without possessing authorization of the property owner or the owner's agent. The property owner's household members are deemed to be property owners under this paragraph. (d) Public property, developed or undeveloped, or public facility, including but not limited to, all parks, streets (including adjacent shoulders, medians, and terrace areas), sidewalks, parking areas, picnic shelters, recreational, athletic fields and appurtenances, buildings, educational institutions, public transportation vehicles, greenspaces, playgrounds, benches, right-of-ways, and any area underneath a bridge, within the municipal limits of the City of Batesville, Arkansas, without possessing authorization from the Governmental Entity empowered to give said authorization. The mayor or his authorized agent shall have authority to give said authorization on behalf of the City concerning City owned property, and as may be authorized by any subsequent municipal ordinance. Section 4: Defenses. It is an affirmative defense to prosecution that a person charged with violation of this section owns the property. Section 5: Penalty. Any person engaging in the violation of this ordinance shall be fined one -hundred dollars ($100) for the first day of violation and if the act is continuous, not more