HomeMy WebLinkAboutOrdinance 23839-09-2019 ORDINANCE NO. 23839-09-2019
AN ORDINANCE REVISING CHAPTER 23 "OFFENSES AND
MISCELLANEOUS PROVISIONS," OF THE CODE OF THE CITY OF
FORT WORTH, TEXAS (2015), AS AMENDED, BY PROVIDING
REGULATIONS TO AND CONCERNING CAMPING BY ADDING
SECTION 23-21; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL
CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE;PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth ("City") seeks to provide for the health, safety and
welfare of its citizens; and
WHEREAS,the City has authority pursuant to its police powers as a home-rule municipal
corporation to adopt and enforce ordinances and regulations to protect the health, welfare, and
safety of the public; and
WHEREAS, unauthorized camping frequently results in the deposit, storage, discharge,
and improper disposal of human excreta, wastewater, garbage, and other organic wastes;
WHEREAS, as reflected in section 341.011 of the Texas Health and Safety Code, the
Texas Legislature has declared sewage, human excreta, wastewater, garbage, or other organic
wastes deposited, stored, discharged, or exposed in such a way as to be a potential instrument or
medium in disease transmission to a person or between persons to be a public health nuisance; and
WHEREAS, the debris and paraphernalia associated with unauthorized camping may
provide harborage to rodents and other vectors that carry and transmit disease and may be innately
harmful to people and property; and
WHEREAS, unauthorized camping is associated with both the presence of flammable
debris and the making of campfires in unsuitable vessels or in areas that are not properly cleared,
all of which pose hazards for wildfires and structural fires that endanger nearby properties; and
WHEREAS, unauthorized camping is a source of visual blight that diminishes the appeal
and perceived value of both the subject property and those around it, diminishing incentives for
owners and occupants of adjacent properties to maintain their own property, and exacerbating
challenges to impacted areas; and
WHEREAS, unauthorized camping most frequently occurs on unattended or vacant
properties; and
WHEREAS, it is in the legitimate interest of the City of Fort Worth to protect the health,
safety, and welfare of its citizens by setting reasonable standards for the maintenance of private
properties and by abating the nuisances related to unauthorized camping on private properties; and
WHEREAS, staff proposes furthering the protection of public health and safety by adding
a prohibition on unauthorized camping to Chapter 23, "Offenses and Miscellaneous Provisions,"
of the Code of the City of Fort Worth (2015), as amended, to reduce the incidents of unauthorized
camping; and
WHEREAS, the proposed prohibitions are intended to provide law enforcement the
necessary tools to remove unauthorized persons from commercial and residential property where
camping is not allowed, regardless of whether the owner cannot be located or is unavailable; and
WHEREAS, in instances involving authorizing camping, law enforcement officers intend
to make reasonable efforts to obtain compliance by informal means,including directing individuals
to leave the property and, where appropriate, making referrals to social service providers such as
emergency medical treatment, mental health treatment, and other social services, including
temporary shelter, drug or alcohol rehabilitation; and
WHEREAS, the Fort Worth City Council finds it advisable to adopt staff s
recommendations.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS THAT:
SECTION 1.
Chapter 23, "Offenses and Miscellaneous Provisions," of the Code of the City of Fort Worth
(2015), as amended, is hereby revised to add a new section to read as follows:
§ 23-21 UNAUTHORIZED CAMPING PROHIBITED.
(a) Terms defined. In this section:
AUTHORIZATION. Express written permission given by the property owner or the
owner's agent.
EDUCATIONAL INSTITUTION. Any private school, including a parochial school that
offers a course of instruction for students in one or more grades from kindergarten through grade
12, or a private college or university.
CAMP. To reside, dwell, or otherwise remain temporarily in a place, using Transitory
Shelter.
GOVERNMENTAL ENTITY. Any federal, state or local government, including, but not
limited to, a municipality, county, unit of state government, public school district,junior college
district or special purpose district.
NON-RESIDENTIAL. Any property or area within the territorial limits of the City that is
not included in a Residential District as defined in the Zoning Ordinance or that is used for a
commercial or industrial use.
PRIVATE PROPERTY. Property or an area that is owned by an entity or individual that
is not a Governmental Entity or Educational Institution.
RESIDENTIAL. 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
lots.
TRANSITORY SHELTER. Without limitation, any vehicle or motor vehicle, including
recreational vehicles and truck-tractors,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.
(b) Prohibition. It shall be unlawful for any person to camp upon any:
(1) non-residential private property without possessing authorization of the property owner
or the owner's agent;
(2)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
(3) residential private property that has a permanent dwelling and both potable water
source and toilet facilities, without possessing authorization of the property owner or the
owner's agent.
(c) Defenses. It is an affirmative defense to prosecution that a person charged with violation
of this section owns the property.
(d) Penalty. Any person violating the provisions of this section shall be guilty of a
misdemeanor and shall be punished by a fine not to exceed $500.
(e) Any property on which camping occurs shall be subject to all other ordinances of the City
of Fort Worth, including those related to zoning and health and safety.
SECTION 2.
That these ordinances shall be cumulative of all other ordinances of the City of Fort Worth,
Texas, and shall not repeal any of the provisions of such ordinances, except in those instances
where provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 3.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto that have accrued at the time of the
effective date of this ordinance; and as to such accrued violations, and all pending litigation, both
civil and criminal, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 4.
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of these ordinances are severable, and if any phrase,
clause, sentence, paragraph or section of these ordinances shall be declared void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of these ordinances, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence,paragraph or section.
SECTION 5.
That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of these ordinances shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 6.
That the City Secretary of the City of Fort Worth,Texas,is hereby directed to publish these
ordinances for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by the V.T.C.A. Local Government Code Subsection 52.013.
SECTION 7.
These ordinances shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Matthew A. Murray Mary J. k4seOdty Secretary
Assistant City Attorney
Date: C23 of 019 ADOPTED: September 17, 2019 (Z)
EFFECTIVE: aD,q
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 09/10/19 M&C FILE NUMBER: M&C 19-0135
LOG NAME: 12ADOPT UNAUTHORIZED CAMPING ORDINANCE
SUBJECT
Adopt Ordinance Revising Chapter 23"Offenses and Miscellaneous Provisions,"of the Code of the City of Fort Worth,Texas(2015)to Provide
Regulations Concerning Unauthorized Camping on Certain Private Properties(ALL COUNCIL DISTRICTS)(Continued from a Previous Week)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance revising Chapter 23"Offenses and Miscellaneous Provisions"of the Code
of the City of Fort Worth,Texas(2015)to provide regulations concerning unauthorized camping on certain private properties.
DISCUSSION:
Unauthorized camping on private properties is frequently the source of public health nuisances,including the improper disposal of human waste,
wastewater and garbage, as defined by section 341.011 of the Texas Health and.Safety Code. Such unauthorized camping may provide
harborage to rodents and other disease vectors and may also create a fire hazard to nearby structures.Additionally,unauthorized camping may
diminish property values and the appearance of a neighborhood,reducing the incentives for others in the neighborhood to adequately maintain
their own properties,creating a self-perpetuating cycle of decline.
By adopting this ordinance, the Police Department will be able to better regulate unauthorized camping on certain private, non-
residential properties and on private, residential properties that do not have a permanent dwelling or potable water and toilet facilities.While
addressing campsites on private property is primarily the responsibility of the private property owner,campsites are often erected on vacant
properties and on properties with out-of-town or absentee owners. In situations where the private property owner is unable to give notice that the
camping is forbidden,the Police Department has been unable to enforce the Criminal Trespass statute.This ordinance addresses that issue by
requiring campers on certain properties to have express written permission from the private property owner.A violation of the ordinance would be
a Class C misdemeanor and result in a citation with a fine not to exceed$500.00 for each offense.An individual camping on their own property
would not be in violation of the ordinance.The ordinance would not impact the City's ability to enforce any other ordinances,including those related
to zoning and health and safety.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the proposed changes will have no material effect on City funds.
Submitted for City Manager's Office by: ALL ACMs 6222
Originating Business Unit Head: Sarah Fullenwider 7623
Additional Information Contact: Sarah Fullenwider 7623