Athens City Code
Source snapshot: 2026-09-15. Check the municipal source for later changes. Municipal source ↗ · Download full document · Markdown
ContentsCHAPTER 11-IV TRESPASSING AND MALICIOUS MISCHIEF
CHAPTER 11-IV TRESPASSING AND MALICIOUS MISCHIEF
Original section ↗ · Link to this section
11-77 Trespassing
Original section ↗ · Link to this section
- (1) Public premises. On premises open to the public it shall be a civil offense for any person to defy a lawful order, personally communicated to him by the owner or other authorized person, not to enter or remain upon the premises of another, including premises which are at the time open to the public. The owner of the premises, or his authorized agent, may lawfully order another not to enter or remain upon the premises if such person is committing, or commits, any act which interferes with, or tends to interfere with, the normal, orderly, peaceful or efficient conduct of the activities of such premises.
- (2) Closed or partially closed premises. On premises closed or partially closed to public, it shall be a civil offense for any person to knowingly enter or remain upon the premises of another which is not open to the public, notwithstanding that another part of the premises is at the time open to the public.
- (3) Vacant buildings. It shall be a civil offense for any person to enter and remain upon the premises of a vacated building after notice against trespass is personally communicated to him by the owner or other authorized person or is posted in a conspicuous manner.
- (4) Lots and buildings in general. It shall be a civil offense for any person to enter or remain on or in any lot or parcel of land or any building or other structure after notice against trespass is personally communicated to him by the owner or other authorized person or is posted in a conspicuous manner.
- (5) Peddlers and similar merchants. It shall also be a civil offense and deemed to be a trespass for any peddler, canvasser, solicitor, transient merchant, or other person to fail to promptly leave the private premises of any person who requests or directs him to leave.
11-78 Camping Regulations
Original section ↗ · Link to this section
- (1) Definitions. Unless the context requires, otherwise the following definitions apply to this section.
- (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.
- (2) 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.
- (3) 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:
- (a) Otherwise specifically authorized by this code, or
- (b) By a formal declaration of the Mayor in emergency circumstances, or
- (c) 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.
- (4) 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.
- (5) Disposition and release of personal property. For purposes of this Chapter, "personal property" means any item reasonably recognizable as belonging to a person and having apparent utility or monetary value. Items having no apparent utility or monetary value and items in an unsanitary condition may be immediately discarded. Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the Police Department until an alternate disposition is determined. All personal property removed from the campsite which is not retained, disposed of, or held as evidence (as provided above) shall be stored by the City of Athens for a minimum of thirty (30) calendar days, during which time it shall be reasonably available for and released to an individual confirming ownership.
- (6) Mitigation. Upon conviction for a violation of this Chapter, in addition to any other factors deemed appropriate by the Court, the Court shall consider in mitigation whether or not the person immediately removed all personal property and litter, including but not limited to bottles, cans, rubbish and garbage from the campsite after being informed it was in violation of the law.