Ordinance No. 57-25-25ORDINANCE NO. 57-25-25
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, AMENDING
SECTION 13-2 CAMPING AND OBSTRUCTING PUBLIC
STREETS/PUBLIC PLACES PROHIBITED; PROVIDING
FOR CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR APPLICABILITY; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City finds that reasonable regulations on camping and related activities
are necessary to maintain safe, clean, and accessible public spaces, prevent public nuisances, and
protect the environment; and
WHEREAS, the State of Florida enacted Laws of Florida Chapter 2024-11 (House Bill
No. 1365) which among other things, introduced a multifaceted approach to support individuals
experiencing homelessness while also focusing on the health, safety, welfare, quality of life, and
aesthetics of Florida communities while simultaneously making adequate provision for the
homeless population of the State; and
WHEREAS, the City Commission desires to update its Code of Ordinances with respect
to sleeping, camping and obstructing access to public property to be more consistent with recent
Florida law; and
WHEREAS, the United States Eleventh Circuit Court of Appeals held in Joel v. City of
Orlando, 232 F.3d 1353 (11th Cir. 2000) that sleeping out-of-doors is not a fundamental right; and
WHEREAS, the City Commission wishes to lawfully prevent sleeping or camping in
certain public areas to promote sanitation, public health, and safety, which the court held in Joel
v. City of Orlando, 232 F.3d 1353 (11th Cir. 2000) is a legitimate government purpose; and
WHEREAS, the City Commission recognizes that the prohibition of sleeping/ camping in
certain public places is necessary to preserve the health, welfare, and safety of the City's residents
and visitors; and
WHEREAS, the City Commission further recognizes that the blockage of ingress and
egress into and from public areas, as well as the impedance of pedestrian walkways and other
public right-of-ways caused by sleeping or camping in certain areas of the City involves the
compelling government interest of the City in protecting the health, safety, and welfare of its
citizenry and visitors in preserving police and fire department access to such right-of-ways in order
to save lives; and
WHEREAS, the City Commission deems this Ordinance necessary to promote public
safety and public welfare.
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NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Amendment. Sec. 13-2. Camping and obstructing public streets/public
places prohibited., is hereby as follows:
Sec. 13-2. - Camping and obstructing public streets/public places prohibited.
(a) Except as may be allowed in accordance with chapter 5 of the Code, and by
applicable rules, regulations or permits, it is unlawful for any person, after having been informed and
given notice by a police officer that the following conduct is in violation of a city ordinance to engage
in the following conduct:
(1) Sleep, camp, or lodge:
a. On any public right-of-way, sidewalk, street, roadway, or parking lot;
or
b. In any city park or beach; or
C. In any city -owned building lobby, entranceway, plaza, or common
area.
(2) Construct or maintain any building, structure, tent or use any other objects
that are intended to be used for housing accommodations, lodging, sleeping or camping
a. On any public right-of-way, sidewalk, street, roadway, or parking lot;
or
b. In any city park or beach; or
C. In any city -owned building lobby, entranceway, plaza or common
area.
(3) Obstruct the safe or free passage of persons or vehicles:
a. On any public right-of-way, sidewalk, street, roadway, or parking lot;
or
b. In any city -owned building lobby, entranceway, plaza or common
area.
(b) Outreach efforts. A reasonable attempt shall be made by a police officer to ascertain
whether a person is in need of homeless assistance services and/or housing assistance. If a person
is determined by a police officer to be in need of housing assistance, the police officer shall inform
that person of emergency shelter providers available through local public or private entities.
If it is determined that a person desires housing/shelter assistance, the police officer will take
all reasonable steps toward directing the person to the appropriate housing/shelter facility, including
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Ordinance No. 57-25-25 Page 2 of 4
transportation to such facility when and if feasible. When transporting a person to such facility, the
officer shall ensure that the person's personal property is secured, pursuant to the Police
Department's official policy for personal property procedures, as approved by the Police Chief.
(c) Enforcement. If a person fails to comply with subsection (a) of this section after notice
of the violation has been provided, the person may be cited with a violation of the city ordinance
pursuant to subsection (a) of this section or they may be charged with a violation of Florida Statute
section 810.09 and any other applicable violation(s) of law.
A person cited as provided in subsection (c) of this section may also be issued a trespass
violation pursuant to section 5-33 of this Code.
(d) For purposes of this section, the following definitions shall apply:
(1) "Public camping or sleeping" means: lodging or residing overnight in a temporary
outdoor habitation used as a dwelling or living space and evidenced by the erection of a tent or other
temporary shelter, the presence of bedding or pillows, or the storage of personal belongings; or
lodging or residing overnight in an outdoor space without a tent or other temporary shelter. The term
does not include; lodging or residing overnight in a motor vehicle that is registered, insured, and
located in a place where it may lawfully be, or camping for recreational purposes on property
designated for such purposes when lawfully permitted.
(2) Lodging or lodge means to live in or reside in a place temporarily or permanently.
SECTION 2. Conflict. All ordinances, resolutions, official determinations, or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 3. Codification and Scrivener's Errors. The publisher of the City of Atlantic
Beach's Code of Ordinances, the Municipal Code Corporation, is hereby directed to incorporate
the changes set forth in SECTION 1 herein. Sections of Chapter 13 may be renumbered or re -
lettered and scrivener's errors, formatting and typographical errors and other minor, inadvertent
graphical errors in Chapter 13 which do not affect the intent may be authorized by the City
Manager and City Attorney without the need of public hearing, by filing a corrected or re -codified
copy of same with the City Clerk.
SECTION 4. Applicability. The newly revised provisions of Section 13-2, camping and
obstructing public streets, public places prohibited., set forth herein, shall apply to all applications,
decisions or controversies pending before the City of Atlantic Beach upon the effective date hereof
or filed or initiated thereafter.
SECTION 5. Severability. If any section, sentence, clause, or other provision of this
Ordinance, or any provision of Section 13-2, camping and obstructing public streets, public places
prohibited., shall be held to be invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision, and such holding of
invalidity or unconstitutionality shall not be construed as to render invalid or unconstitutional the
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Ordinance No. 57-25-25 Page 3 of 4
remaining sections, sentences, clauses, or provisions of this Ordinance, or Section 13-2, which
shall remain in full force and effect.
SECTION 6. Effective Date. This ordinance shall take effect upon final reading and
approval.
PASSED by the City Commission on first reading on this ICP day of March 2025.
PASSED by the City Commission on second and final reading and following a public
hearing on this 20 day of March 2025.
CITY OF AaTLAC CH
Curtis Ford, Mayor
Attest: /�/Q
40',�V�
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Jas+J
abri , City Attorney
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