§ 42-8. Lodging out-of-doors.

(1)

Intent and purpose. The city commission has determined that unregulated out-of-door lodging has adverse impacts on the environment including damage or alteration of the beach dune systems, sea turtle nesting (see section 10-28), and human waste and debris. The city commission desires to adopt regulations concerning out-of-door lodging to preserve the natural beauty and serenity of Bradenton Beach and to ensure that all persons are safe including those persons without other alternative lodging.

(2)

Regulations.

(a)

Definitions. The following definitions shall be applicable to words and phrases in this section and shall have the following meanings:

Lodging out-of-doors shall mean using public or private property for living accommodation purposes for sleeping by erecting, using or occupying a tent, hut, lean-to, shack, wood, cardboard or other temporary shelter for sleeping or temporary lodging.

Living accommodation purposes shall mean to remain, dwell, occupy or reside in an unpermitted lodging out-of-doors between sunset and sunrise for the purpose of using such place as overnight accommodation, temporary or permanent home.

(b)

Lodging out-of-doors prohibited. It shall be unlawful for any person to use any public or private property in the city out-of-doors for lodging except:

(i)

On public property with a temporary use permit under subsection 34-33(e), or

(ii)

On private property with written consent of the property owner or property manager

(c)

Disturbing dunes or sea turtles prohibited. It shall be unlawful to dig or disturb any native vegetation, dunes, sea turtles, sea turtle nests or sea turtle habitat or violate sections 10-28 and 34-518 on any public or private property without first obtaining any and all applicable local and state permits.

(d)

Assistance and transport to shelter. A person found in a lodging out-of-doors may be transported by a police officer to appropriate, applicable alternative shelter if the person is engaged in one or more of the following activities:

(1)

Erecting, using or being in any tent, hut, lean-to, shack or temporary shelter for sleeping activities;

(2)

Laying down of bedding, such as a blanket or sleeping bag or similar material for the purpose of sleeping;

(3)

Sleeping and when awakened states or confirms that he or she has no other place to go.

(e)

Penalties. Whenever a law enforcement officer has probable cause to believe that a violation of this section has occurred, he or she shall advise the person of the violation and afford the person an opportunity to be transported by a law enforcement officer to an appropriate, applicable alternative shelter. If the person elects to be transported to a public shelter the law enforcement officer shall make available such transportation as may be available for such purpose and the person making such election shall not be charged with a violation of this section. If the person refuses to be transported to a public shelter, then such person may be charged with a violation of this section.

(f)

Personal belongings and abandoned property. The law enforcement officer shall advise the person that all of his or her personal property which is not taken to the public shelter, except that which is of no apparent utility or which is in an unsanitary condition, shall be inventoried and stored by the city police department for a maximum of 60 days, until reclaimed. Any personal property that was inventoried and stored by the city police department for a person transported to a shelter under the provisions of this section which has not been reclaimed within 60 days of the date the personal property was inventoried and stored shall be deemed abandoned and disposed of according to F.S. ch. 705.

(Ord. No. 06-395, § 1, 8-3-2006)