1758ORDINANCE NO. 1758 (#11- 2024)
AN ORDINANCE CREATING JMC § 8.03.022, NUISANCES AND NON -COMPLYING
CONDITIONS — PROHIBITED CAMPING; DECLARING AN EMERGENCY; AND, FOR
OTHER PURPOSES.
WHEREAS, the City Council of Jacksonville has determined that the health, safety, and
welfare of its citizens require the regulation of camping in public spaces; and
WHEREAS, public camping can pose significant health and safety hazards to both campers
and the general public, including but not limited to, unsanitary conditions, fire hazards, and
environmental degradation; and
WHEREAS, the unrestricted camping in public spaces can impede the public's access to
these areas, adversely affecting the community's enjoyment and use of parks, sidewalks, and other
public areas; and
WHEREAS, the City of Jacksonville has a vested interest in maintaining clean, safe, and
accessible public spaces for all residents and visitors; and
WHEREAS, it is the intent of this ordinance to ensure the responsible use of public spaces
while safeguarding the rights of all individuals;
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL
OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: JMC § 8.03.022 (Nuisances and Non -Complying Conditions — Prohibited
Camping) shall be created and include the following:
A. Definitions:
1. "To Camp" means to set up or to remain in or at a campsite.
2. "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.
B. Sleeping on Sidewalks. Streets. Alleys or Within Doorways Prohibited:
1. No person may sleep on public sidewalks, streets, or alleyways at any time as a matter
of individual and public safety.
2. No person may sleep in any pedestrian or vehicular entrance to public or private
property abutting a public sidewalk.
3. In addition to any other remedy provided by law, any person found in violation of this
section may be immediately removed from the premises.
ORDINANCE NO. 1758 (#11- 2024)
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C. 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 otherwise specifically authorized by this Code.
D. Removal of Campsite on Public Property:
Upon discovery of a campsite on public property, removal of the campsite by the
Jacksonville Police Department may occur under the following circumstances:
1. Prior to removing the campsite, the City shall post a notice, 24 -hours in advance.
2. After the 24-hour notice period has passed, the Police Department is authorized to
remove the campsite and all personal property related thereto.
E. 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 Police Department for a minimum of 30 days, during which time
it shall be reasonably available for and released to an individual confirming ownership.
F. Miti ag tion:
Upon conviction for a violation of this Section, 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, and garbage from the campsite after being informed it was in violation of
the law.
SECTION TWO: All Ordinances, parts of Ordinances, or previous actions taken by
said Council in conflict herewith are hereby repealed to the extent of such conflict.
SECTION THREE: This Ordinance, necessary for the continued efficient delivery of
public services and for the benefit, health, safety, and welfare of the citizens of Jacksonville, should
be implemented immediately. Therefore, an emergency is hereby declared, and this Ordinance shall
be in force and effect from and after its date of passage.
APPROVED AND ADOPTED THIS 18th DAY OF JULY, 2024.
CITY OF JACKSONVILLE, ARKANSAS
J FF ELMORE, MAYOR
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ATTEST:
SUSAN DAVITTXITY CLERK
APPROVED AS TO FORM:
STEPHANIE FRIEDMAN, CITY ATTORNEY