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Home My WebLink About2025-006ORDINANCE 2025 - 006 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CREATING SECTION 16 OF CHAPTER 306, TITLED "PROHIBITION OF PUBLIC CAMPING OR SLEEPING WITHIN COUNTY BUILDINGS, OR ON ITS GROUNDS, STREETS, SIDEWALKS, RIGHT-OF-WAY AND OTHER PUBLIC PROPERTY"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. RECITALS WHEREAS, the Florida Legislature in adopting Florida Statute 125.023 1, has made it impermissible, effective October 1, 2024, for counties and municipalities to authorize or otherwise allow public camping or sleeping on any public property, including, but not limited to public buildings, public grounds, rights-of-way, with the exception of very particular circumstances such as for designated recreational uses; and WHEREAS, the intent of the Florida Legislature in adopting Florida Statute 125.0231, was to fulfill the important state interest of ensuring the health, safety, welfare, quality of life, and aesthetics of Florida communities; and WHEREAS, Florida Statute 125.0231 places an obligation on counties and cities to proactively avoid violations of the new law or face civil actions by residents, business owners, and/or the Attorney General, who may enjoin violations of the new law and obtain damages including attorneys' fees and costs; and WHEREAS, County staff has conferred with law enforcement to determine the best approach forward to enforce the provisions of Florida Statute 125.0231; and WHEREAS, the United States Supreme Court in City of Grants Pass, Oregon v. Johnson, et. al, 144 U.S. 2202 (2024); Case No. 2023-175 (June 28, 2024), found that laws prohibiting public camping are constitutional and do not violate the Eighth Amendment restriction on cruel and unusual punishment against homeless individuals; and WHEREAS, the Board finds it appropriate to create and amend its Code of Ordinances to further align with Florida Statute 125.0231 and ensure it is clear that public camping or sleeping on any county facility, grounds, or right of way is prohibited unless designated as public camping for recreational use. NOW THEREFORE, be it ordained by the Board of County Commissioners of Indian River County as follows: ORDINANCE 2025 - 006 Section 1. Findings The above recitals are true and correct and are hereby incorporated herein as if they had been set forth in their entirety. Section 2. Chapter 306.16 titled "Prohibition of Public Camping or Sleeping Within County Buildings, Its Grounds, County Streets, Sidewalks, Right -of -Way, and Other Public Property", Chapter 306.16 of the INDIAN RIVER County Code of Ordinances, is hereby created as follows (note strikethrough text indicates deletions, underline text indicates additions): Section 306.16. Prohibition of Public Camping or Sleeping within County Buildings, Or on Its Grounds, Streets, Sidewalks, Right -of -Way, and Other Public Property. (1) It shall be unlawful for any person to publicly camp or sleep in any County owned building or upon its grounds unless designated for public camping and sleeping for recreational purposes by the County For purposes of this prohibition grounds shall include the entirety of the parcel of property owned by the County beyond the building including, but not limited to grass areas, sidewalks and parking facilities. (2) It shall be unlawful for any person to publicly camp or sleep on any County owned street sidewalk right-of-way or other County owned property unless designated for public camping and sleeping for recreational purposes by the County. (3) For purposes of this section "Public Camping or Sleeping have the following meaning: Lal Lodging or residingovernight 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 belonging; or Lodging or residingovernight vernight in an outdoor space without a tent or other temporary shelter. fc) The term does not include: 1. Lodging or residingovernight verni hg t in a motor vehicle that is registered insured and located in a place where it may lawfully be; or 2. Camping for recreational purposes by permit holders on property designated by the County for such purposes. ORDINANCE 2025 -006 (4) A person who violates this code section and refuses to obey an order to leave and referral for services, may be subject to punishment as provided for in Indian River County Code Section 100.05. In addition, law enforcement may pursue trespass violations in accordance with chapter 810, Florida Statutes against any person violating this code section and may remove a person who fails to comply with an order to leave. Section 6. Conflicts. In any case where a provision of this Ordinance if found to be in conflict with a provision of any other ordinance of the County, the provision which establishes the higher standards for the promotion and protection of the health and safety of the people shall prevail. Section 7. Severability. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. Section 8. Codification. It is the intention of the Board that the provisions of this Ordinance shall become a part of the County's Code of Ordinances, as amended. The provisions of this Ordinance may be renumbered or re -lettered and the word "ordinance" may be changed to "section," "article" or other appropriate word to accomplish such intention. Section 9. Effective date. The provisions of this Ordinance shall take effect as provided by law. This ordinance was advertised in the Indian River Press Journal on the 13'h day of February, 2025, for a public hearing to be held on the I Ph day of March, 2025, at which time it was moved for adoption by Commissioner Deryl Loar , seconded by Commissioner Joseph E. Flescher , and adopted by the following vote: Chairman Joseph E. Flescher AYE Vice Chairman Deryl Loar AYE Commissioner Susan Adam AYE Commissioner Joseph II. Earman AYE Commissioner Laura Moss AYE The Chairman thereupon declared the ordinance duly passed and adopted this 11th day of March , 2025. Attest: Ryan Butler, Clerk and Comptroller By L� Deputy Approved as to form and legal sufficiency I ORDINANCE 2025 - 006 A. Hicks, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ••••�oti+tiiis •• By J eph . Flescher, airmail `'•.9,1;9 •'11"�,� ..�p�: Effective Date: This ordinance was filed with the Department of State and becomes effective on the %,'ith day of g71A4A U , 2025. 4 LocaliQ Florida PO Box 631244 Cincinnati, OH 45263-1244 GANNETT AFFIDAVIT OF PUBLICATION NOTICE OH INTENT UBLIC EAR Order No: 11036937 (Date Correction) Cht-istina Moore NOTICE IS HEREBY GIVEN that the Board of County Commissioners Indian River County Attorneys Office of Indian River County, Florida, will conduct 1801 27Th ST a Public Hearing to consider adoption of a Proposed Vero Beach FL 32960-3388 ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF Please do not use this form for payment remittance. INDIAN RIVER COUNTY, FEB n 5 2025 FLORIDA CREATING SECTION 16 STATE OF WISCONSIN, COUNTY OF BROWN OF CHAPTER 306, TITLED "PROHIBITION OF PUBLIC CAMPING OR SLEEPING WITHIN Attorneys Office COUNTY BUILDINGS, OR ON ITS Before the undersigned authority personally appeared, who GROUNDS, STREETS, SIDE- -0 WALKS, RIGHTF-WAY AND on oath says that he or she is the Legal Advertising OTHER PUBLIC PROPERTY"; PROVIDING FOR PROVIDING SEVERABIL- epresentative of the Indian River Press Journal/St Lucie ITY; PROVIDING FOR CODIFICA- TION; News Tribune/Stuart News, newspapers published in Indian AND PROVIDING FOR AN EFFECTIVE DATE - The Public River/St Lucie/Martin Counties, Florida; that the attached Hearing will be held on a.m., or March 11, 2025, at 9:05 a.m., or as thereafter copy of advertisement, being a Legal Ad in the matter of soon as the matter may be heard, in the County Commission Chambers located on Public Notices, was published on the publicly accessible the first floor of Building A of the County Administrative Complex, websites of Indian River/St Lucie/Martin Counties, Florida, 1801 27th Street, Vero Beach, Florida 32960, at which time, inter- or in a newspaper by print in the issues of, on: ested Parties may be heard with respect to the proposed ordinance. The proposed ordinance may be inspected by the public during regu- 02/13/2025 lar business hours (8:30 a.m. to 5:00 P.m., Monday through Friday) at the Office of the Clerk to the Board of County Commissioners located on the second floor of Building A of the Affiant further says that the website or newspaper complies co""'y Administrative Complex, 1601 27th Street, Vero with all legal requirements for publication in chapter 50, Beach, proposed Florida; or alternatively, the ordinance Florida Statutes. may be inspected at www indianriv Subscribed and sworn to before me, by the legal clerk, who r 9py,, Anyone who may wish to appeal any decision which may be made at this is personally known to me, on 02/13/2025 meeting will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Anyone who needs a special accom- Legal Cler — modation for this meeting must contact the County's Americans With Disabilities Act (ADA) Coordi- nator at 772-226-1223 at least 48 hours In advance of the meeting. Notary, State of WI, County of Brown INIAN RIVER COUNTY BOARD OP COUNTY F25SCHER, CHAIR (l bgN2nE. My commission expires TCN11036937 Publication Cost: $137.24 Tax Amount: $0.00 Payment Cost: $137.24 Order No: 11036937 # of Copies: Customer No: 1125303 1 PO #: THIS IS NOT AN INVOICE! RECEIVED Please do not use this form for payment remittance. FEB n 5 2025 Indian Rider GOunty Attorneys Office KAITLYN FELTY Notary Public State of Wisconsin Page 1 of 1