(A)
Purpose
It is the purpose of this ordinance to prevent harm to the health or safety of the public and to promote the public health, safety, and welfare by making public streets, parks, or any publicly-owned area readily accessible t the public for thier intended purpose, and to prevent use of public property, parks, and streets for camping purposes which interferes with the rights of others to use the areas for which they were intended.
(B)
Definitions
1. "Camp" or "Camping" means to pitch, create, use or occupy camp facilities for the purpose of habitation, as evidenced by the use of camp paraphernalia.
2. "Camp facilities" include, but are not limited to, tents, huts, temporary shelters, or vehicles, if a vehicle is being used for habitation purposes.
3. "Camp paraphernalia" includes, but is not limited to tarpaulins, cots, beds, sleeping bags, bankets, mattresses, hammocks, opertational cooking facilities, and similar equipment.
4. "Habitation" means the intentional use of a space as temporary of permanent living quarters.
5. "Park" means those grounds and facilities genrally covered by Chapter 3 of the Gardiner Municipal Code.
6. "Street" means any highway, street, public right-of way, alley, or every place in the City that is publicly owned or maintained for public vehicular travel. The term also includes publicly maintained sidewalks.
(C)
Unlawful Camping
It shalll be unlawful for any person to camp in the following areas:
1. Any park.
2. Any street.
3. Any publicly owned or maintained parking lot or other publicly owned or maintained area of facilities.
4. It shall be an affirmative defense under this chapter for any person, without the purpose of habitation, to temporarily occupy and use a vehicle for emergency reasons such as escape from or avoidance of an abusive person(s), avoidance of driving a vehicle while under the influence of alcohol or drugs and other similar purposes, even though the person may sleep during the period of that use.
(D)
Recreational Vehicles
This chapter shall not apply to the use of motor homes for a continuous period up to 48 hours where such vehicle contains onboard, self-contained toilet and sanitation facilities, which are in working order.
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