2024 10 15 City Council Packet 1

Unverified text extraction. Check the original page for numbers, names, and layout.

ORDINANCE NO. 1133 
 
"AN ORDINANCE TO REGULATE CAMPING WITHIN THE CITY LIMITS OF THE CITY OF ATHENS IN 
ORDER TO PROVIDE FOR THE CONITNUED SAFETY, HEALTH AND WELFARE OF THE CITIZENS OF 
THE CITY OF ATHENS, TENNESSEE" 
 
WHEREAS, the City of Athens desires to provide for the continued safety, health, and 
welfare of the citizens and businesses; and 
 
WHEREAS, due to an increase in homeless camping, it has become necessary to 
create an Ordinance prohibiting the same; and 
WHEREAS, the same being constitutional as found in City of Grants Pass v. Johnson 
603 U.S. ___ (2024).  
 
NOW, THEREFORE, 
 
BE IT ORDAINED by the City Council of the City of Athens, Tennessee, as follows: 
 
SECTION ONE - TITLE: DEFINITIONS.  
Unless the context requires, otherwise the following definitions apply to this 
Ordinance. 
A. “To Camp” means to set up or remain in or at a campsite. 
B. “Campsite” means any place where bedding, sleeping bag, or other material used 
for bedding purposes, or any stove or fire is placed, established, or maintained 
for the purpose of maintaining a temporary place to live, whether or not such 
place incorporates the use of any tent, lean- to, shack, or any other structure, or 
any vehicle or part thereof.  
 
SECTION TWO – TITLE: SLEEPING ON SIDEWALKS, STREETS, ALLEYS, or WITHIN 
DOORWAYS PROHIBITED 
A. No person may sleep on public sidewalks, streets, or alleyways at any time as a 
matter of individual and public safety.  
B. No person may sleep in any pedestrian or vehicular entrance to public or private 
property abutting a public sidewalk.  
C. In addition to any other remedy provided by law, any person found in violation 
of this section may be immediately removed from the premises.  
 
SECTION THREE – TITLE: CAMPING PROHIBITED 
No person may occupy a campsite in or upon any sidewalk, street, alley, lane, public 
right of way, park, bench, or any other publicly owned property or under any bridge or 
viaduct, unless: 
(i) otherwise specifically authorized by this Code, or 
(ii) by a formal declaration of the Mayor in emergency circumstances, or 
(iii) upon Council resolution, the Council may exempt a special event from the 
prohibitions of this section, if the Council finds such exemption to be in the 
public interest. Any conditions imposed will include a condition requiring that 
the applicant provide evidence of adequate insurance coverage and agree to 
indemnify the City for any liability, damage or expense incurred by the City as 
a result of activities of the applicant. Any findings by the Council shall specify 
the exact dates and location covered by the exemption.  
 
SECTION FOUR – TITLE: REMOVAL OF CAMPSITE ON PUBLIC PROPERTY 
Upon discovery of a campsite on public property, citation of those within the 
campsite by the Police Department may occur followed by removal of the campsite 
by the Public Works Department under the following circumstances: 
A. Prior to removing the campsite, the City shall post a notice, 24 -hours in 
advance; and 
B. At the time a 24 -hour notice is posted, the City shall inform a local agency 
(delivering social services to homeless individuals) of the location of the campsite; and 
C. After the 24 -hour notice period has passed, the Public Works Department  is 
authorized to remove the campsite and all personal property related thereto  with 
supervision of the Police Department to ensure no breach of the peace occurs. 
 
 
7