§ 18-3. Temporary habitation; prohibitions.

(a)

Intent. It is the intent of this section to protect the health, safety and general welfare of the citizens of Osceola County, to provide sanitary and safe conditions of public spaces for pedestrians, and to assure the safe, unimpeded flow of pedestrian foot traffic in public spaces located in the most heavily traveled corridors in the county. This section is intended to apply evenhandedly to all persons who engage in the activities proscribed herein. This section is intended to be narrowly tailored to serve the significant government interest of public health, safety, and general welfare and to leave open ample alternative channels of temporary habitation in alternative locations outside of the unincorporated boundaries of the East 192 and West 192 community redevelopment districts within the county.

(b)

Definitions.

Temporary habitation is defined as to pitch or occupy a tent or other temporary shelter for sleeping or other dwelling purposes, or cooking over an open flame out-of-doors. The mere act of a person sleeping in a public place is not alone sufficient to constitute a violation of this section, unless there are indicia of a temporary dwelling, shelter, or any barrier between an individual and the elements used for the purpose of sleeping or establishing a habitat.

Public property shall mean any place subject to the primary control of any public agency, including but not limited to any park, street, public way, sidewalk or public square.

(c)

Prohibitions. Temporary habitation is prohibited on public property within the unincorporated boundaries of the community redevelopment districts of East 192 and West 192 as established by Resolution 12-004R and Resolution 12-063R/Ordinance 12-23, respectively, as set forth in more particularity in the legal descriptions and maps in Exhibit A and Exhibit B, which is attached and incorporated herein, except as may be specifically authorized by the appropriate governmental authority.

(d)

Penalties.

(1)

Pursuant to F.S. § 125.69(1), any person convicted of violating the provisions of this section shall be punished by a fine not to exceed five hundred dollars ($500.00), by imprisonment not to exceed sixty (60) days, or by such fine and imprisonment.

(2)

In addition to the penalties provided by subsection (1) of this subsection (d), any violation of this section shall be subject to appropriate civil action in a court of appropriate jurisdiction or any other remedy as allowed by law.

(Ord. No. 2017-35, § 1, 6-5-17)

Editor's note

Exhibits A and B, referenced in subsection (c) above, may be viewed at the office of the clerk of the board.