Ordinance No. 57-22-24ORDINANCE NO. 57-22-24
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
COUNTY OF DUVAL, STATE OF FLORIDA, REPEALING
AND REPLACING SECTION 13-2 LOITERING IN,
OBSTRUCTING, ETC. STREETS, PUBLIC PLACES, ETC.;
PROVIDING FOR A NEW TITLE; PROVIDING FOR
CONFLICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR APPLICABILITY; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to update its Code of Ordinances with
respect to sleeping or camping and obstructing access to public property to be more consistent
with recent case law; and
WHEREAS, the City Commission recognizes the right of persons to be free from
criminal prosecution for conduct that is considered involuntary and prosecution for the same is
considered cruel and unusual punishment under the Eighth Amendment of the United States
Constitution; 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.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1. Repeal and Replace. Sec. 13-2. Loitering in, obstructing, etc., streets, public
places, etc., is hereby repealed in its entirety and renamed and replaced as shown in Exhibit A,
camping and obstructing public streets, public places prohibited., attached hereto and
Ordinance No. 57-22-24 Page 1 of 2
incorporated herein by reference. New Section 13-2 as shown in Exhibit A, is hereby adopted as
fully revised Section 13-2 to the City's Code of Ordinances.
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
Exhibit A attached hereto into the City's Code of Ordinances. 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 provisions of Section 13-2, camping and obstructing public
streets, public places prohibited., set forth in Exhibit A hereto, 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 Exhibit A attached hereto, 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 remaining sections, sentences, clauses, or provisions of this
Ordinance, or of Exhibit A, 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 14th day of November, 2022.
PASSED by the City Commission on second and final reading and following a public hearing on
this 28th day of November, 2022.
CITY OF LANTIC BEACH
L
llen Glasser, Mayor
Attest:
4tnt
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenna M. Durd- ,ity Attorney
Ordinance No. 57-22-24 Page 2 of 2
EXHIBIT A, New Section 13-2
Sec. 13-2. Camping and obstructing public streets, public places prohibited.
a) Except as may be allowed in accordance with Chapter 5 of the City's Code of Ordinances,
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, and after the completion of the outreach efforts delineated in subsection
b) of this section, 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.No person may be cited for a violation of subsection(a) of this section,
nor may the provisions of Section 5-33(b), of the City's Code of Ordinances, Trespass for
violations of park rules and City's Code of Ordinances, be triggered due to a violation of
subsection(a) above,before a reasonable attempt has been made by a police officer to
ascertain whether the person is in need of homeless assistance services and/or housing
assistance and informed by such police officer that available shelter beds or other suitable
emergency housing is available should the person need housing/shelter assistance.
1) 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 service facility, including, without limitation,transportation to such
facility. When transporting a person to such facility, the officer must ensure all the
person's personal property (with the exception of items prohibited by the facility) is
also delivered to the facility.
2) If a person refuses housing/shelter assistance and they otherwise fail to comply with
subsection(a) of this section after notice of a violation has been provided,the person
may be cited with a violation of subsection(a) of this section in accordance with
Section 5-33 of the City of Atlantic Beach's Code of Ordinances.
3) If at any time the police officer determines housing/shelter assistance is desired by a
person but that homeless assistance services and/or housing assistance is unavailable, a
01851233-1
trespass warning, citation, or arrest in accordance with Section 5-33 of the City of
Atlantic Beach's Code of Ordinances, may not be made.
c) For purposes of this section, the following definitions shall apply:
1) "Camp" or "camping" means either sleeping or otherwise being in a temporary
shelter out-of-doors, sleeping out-of-doors or cooking over an open flame out-of-
doors, except that "camp" or "camping" does not include in its meaning only so-called
tailgating," picnicking or other similar temporary activities conducted in accordance
with City ordinances, rules, regulations or permits.
2) "Lodging" or "lodge" means to live in or reside in a place temporarily or
permanently.
01851233-1 2
Current Section 13-2 (requested to be repealed)
Sec. 13-2. Camping and obstructing public streets, public places prohibited.
a)No person shall loiter, lounge or sleep in or upon any street, park or public place or in
any public building, or obstruct the access to any public building or any part thereof,
or obstruct passage through or upon any public street, park or public place.
b) For the purposes of this section, the term "loiter" shall encompass, but shall not
necessarily be limited to, one or more of the following acts:
1) Obstruction of the free, unhampered passage of pedestrians or vehicles.
2) Obstructing, molesting or interfering with any person lawfully upon any street,
park or other public place.
3) Conduct involving the concept of standing idly by, loafing, walking about
aimlessly without purpose and including the colloquial expression of"hanging
around."
c) A person shall be guilty of violating this section only after refusing to move on when
so requested by a peace officer, provided the peace officer has exercised his
discretion reasonably under the circumstances in order to preserve or promote public
peace and order.
d) For the purpose of this section, the term "other public place" shall be deemed to
include the quasi-public area in front of or adjacent to any store, shop, restaurant,
luncheonette or other place of business, and shall also include any parking lot or other
vacant private property not owned or under the dominion of the person charged with a
violation of this section.
Code 1970, § 14-7)
Cross reference— Streets, sidewalks and other public places, Ch. 19; obstructing free passage
of streets and sidewalks prohibited, § 19-1.
01851233-1