Chapter 12.40 — SLEEPING OR CAMPING IN TOWN RIGHT-OF-WAY OR PUBLIC PARKS

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Recreational vehicle means a motorhome, travel trailer, truck camper, van or camping trailer, with or without motive power, designed for human habitation or recreational, emergency or other occupancy. The term "recreational vehicle park" means any area or tract of land, or a separate designated section within a mobilehome park, where two or more lots are rented, leased, held out for rent, or leased to owners or users of recreational vehicles.

Vehicle shall be as defined in the State Vehicle Code.

(Code 1990, § 12.32.010; Ord. No. 98-05, § 1, 1998)

(a)

No person shall sleep in or occupy any vehicle or recreational vehicle which is parked on any public street, parking lot, Town right-of-way, public park, or other public place, between the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day.

(b)

No person shall erect, pitch or sleep in any tent, camp or temporary shelter upon any public park, parking lot, street or other public place.

(Code 1990, § 12.32.020; Ord. No. 98-05, § 1, 1998)

Not included in this chapter are recreational vehicles authorized by authorized representatives of the Town or by law.

(Code 1990, § 12.32.030; Ord. No. 98-05, § 1, 1998)

(a)

Any person who violates any of the provisions of this chapter is guilty of an infraction. Each such person shall be guilty of a separate offense for each night during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, and may be punished accordingly.

(b)

Any provision or requirement of this chapter, the violation of which or the failure to comply with which, is designated as an infraction, shall be prosecuted as a misdemeanor upon a third violation and each violation thereafter of the same provision by the same individual. In addition, any such violation or failure to comply may be prosecuted originally as a misdemeanor in the discretion of the Town Attorney or any district attorney, upon a showing by the enforcing agency of the seriousness of the particular alleged violation.

(Code 1990, § 12.32.040; Ord. No. 98-05, § 1, 1998)

Any vehicle, recreational vehicle, tent, camp, or temporary shelter occupied or erected in violation of this chapter may be removed, towed away or otherwise taken from the area occupied at no expense to the Town or its authorized agents, representatives or departments.

(Code 1990, § 12.32.050; Ord. No. 98-05, § 1, 1998)

Enforcement of this chapter shall be by any peace officer, special deputy or regular deputy of the Town Police Department.

(Code 1990, § 12.32.060; Ord. No. 98-05, § 1, 1998)