CHAPTER 9.40 - CAMPING#

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Editor's note— Ord. No. 1066B, § 5, adopted September 12, 2023, repealed the former Chapter 9.40, §§ 9.40.010—9.40.060, and § 6 of said ordinance enacted a new Chapter 9.40 as set out herein. The former Chapter 9.40 pertained to camping on public property and derived from Ord. 805B § 1(part), 2006.

9.40.010 - Definitions.#

As used in this chapter, the following terms shall have the following meaning:

A. "Day care center" means a child day care facility other than a family day care at home, and includes infant centers, preschools, extended day care facilities, and school-age childcare centers.

B. "Camp" or "camping" means to engage in any of the following activities at a single camping area within the city for a period longer than 24 consecutive hours: place, pitch, or occupy camp facilities; live temporarily in a camp facility or camping area or outdoors; and/or to use camp paraphernalia.

C. "Camping area" includes the primary physical area of occupation of a single camping person.

D. "Camp facilities" includes, but is not limited to, tents, huts, popups, chairs, tables or temporary shelter.

E. "Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks, or cooking facilities and similar equipment, including but not limited to campfires and the use of propane.

F. "City" means the city of Lincoln, including its employees and agents.

G. "City manager" means the city manager of the city of Lincoln or designee.

H. "Encampment" means two or more persons camping together within 50 feet of each other and without permitted electrical power, permitted running water, and/or permitted bathroom facilities that serve that encampment, or as evidenced by the presence of camp paraphernalia.

I. "Housing support services" means housing support services intended to connect a person with temporary or permanent housing resources.

J. "Personal property" means irreplaceable tangible items with objective personal value (for example, cash, family photographs, legally prescribed medication, and government issued identification documents) which are not soiled, damaged beyond repair, constitute a health or safety hazard, is soiled by human waste or other contamination, is prohibited by this code, is illegal, illegally possessed, and/or that is used or intended to be used in furtherance of illegal activity, including, without limitation, paraphernalia used or intended to be used for illegal drugs.

K. "Playground" means any recreational area specifically designed to be used by children which has play equipment installed, including, without limitation, public grounds designed for athletic activities such as baseball, football, soccer, or basketball, or any similar facility located on public or private school grounds, or on city, county, or state parks.

L. "Public property" means any real property located in the city and owned in fee title, or its equivalent, by the city or any federal, state, or local government agency, including designated open space and trails.

M. "Public facility" means any building, structure, or area enclosed by a fence located on public property, whether secured, unsecured, locked, unlocked, open, or enclosed.

N. "Private property" means any real property located in the city and owned in fee title, or its equivalent, by a private person or entity. The fact that private property may contain an easement, lien, or other interest less than fee title, or its equivalent, by a governmental or public agency does not negate the status of the property as private property.

O. "School" means the buildings and grounds of any public or private school used for the purposes of the education of children in kindergarten or any of the grades one through 12, inclusive.

P. "Sidewalk" means any area in the city provided for the use of pedestrians, including planting areas, driveway approaches or parking strips, between the public vehicular roadway and the edge of right-of-way bordering, fronting or adjacent to private property.

Q. "Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

(Ord. No. 1085B, § 5, 1-28-2025; Ord. No. 1066B, § 6, 9-12-2023)

9.40.020 - Prohibitions.#

(a) It shall be unlawful and a violation of this chapter for any person or persons to do any of the following on any public property within the city:

(1) Camp within 500 feet of the grounds of any day care center, school, playground, or youth center.§

(2) Occupy a camping area greater than one hundred square feet (100 ft²) measured from the center of the primary living area of the total camping area.§

(3) Occupy any encampment.§

(4) Fail to keep any camping area clean and free of garbage, debris, waste, including without limitation, hazardous waste and/or human waste.§

(5) Build or maintain any fire or campfire, with or without the use of propane, on public property except within a public park within a designated cooking or BBQ area during the hours the park is open to the public.§

(6) Camp in any structure or structures that an authorized city official finds is unsafe for human occupation.§

(7) Break or damage any lock on any public facility in order to access the public facility, and/or to camp within a public facility.§

(8) Block or otherwise impair or impede access of public employees or agents to any public facility.§

(9) Block, obstruct, or otherwise interfere with access to a public facility, sidewalk, and/or other public right-of-way.§

(10) Secure any camping paraphernalia to a public facility or vegetation, including but not limited to trees and shrubs.§

(11) Placing any camp facilities or camp paraphernalia in waterways, including ravines, ponds, sloughs, and lakes.§

(12) Possess any pet, including but not limited to dog(s), cat(s), or other domestic animal, in a camp, camping area or encampment that is not on a leash or in a crate or kennel.§

(b) It shall be unlawful and a violation of this chapter for any person to camp on private property without the consent of the owner of the private property.§

(c) Notwithstanding the foregoing, it shall not be a violation of this section or this chapter for a person to camp on public or private property with the express permission of the owner of the property.§

(d) Nothing in this section, including city's failure to enforce, shall be construed to imply consent to camping on public property.

(Ord. No. 1085B, § 5, 1-28-2025; Ord. No. 1066B, § 6, 9-12-2023)

9.40.030 - Temporary seizure of property.#

(a) Any person who violates LMC Section 9.40.020 shall be subject to having their personal property temporarily seized by the city pursuant to this section.

(b) Prior to any seizure of personal property pursuant to this section, the city shall provide the owner/possessor of the personal property not less than 72 hours' written notice. The written notice may be personally served on the owner of the personal property or posted at the location where the personal property is stored or located.

(c) Upon seizure of any personal property pursuant to this section, the city shall provide the owner/possessor with a written receipt itemizing the personal property seized, advising that the personal property will be held by the city for not less than 90 days, that the owner/possessor of the seized property may retrieve such personal property within that 90 day period at an address provided on the receipt, during normal business hours, and that the city may destroy or otherwise dispose of that personal property if not reclaimed and retrieved by the owner/possessor within that 90 day period. Nothing herein shall require the city to store or maintain personal property that is determined by the city to present a health or safety hazard, is soiled by human waste or other contamination, is in violation of this code, is illegal, illegally possessed, and/or that is used or intended to be used in furtherance of illegal activity, including, without limitation, paraphernalia used or intended to be used for illegal drugs.

(d) Following seizure of any personal property pursuant to this section, the city shall secure and store the personal property seized, at the city's expense, for a period of not less than 90 days. Such personal property shall be returned to the owner/possessor upon presentation of the receipt identified in subsection (c) of this section, or such other proof satisfactory to the city that person seeking return of the property is the owner or otherwise has a viable claim to reclaim the personal property. Any personal property not reclaimed within 90 days of its seizure may be destroyed or disposed of by the city, in its discretion.

(Ord. No. 1085B, § 5, 1-28-2025; Ord. No. 1066B, § 6, 9-12-2023)

9.40.040 - Administration.#

The city manager and city attorney shall be authorized to administer the provisions of this chapter including, without limitation, developing all documentation and forms, and taking all actions reasonably necessary and consistent with this chapter, to administer the provisions of this chapter.

(Ord. No. 1085B, § 5, 1-28-2025; Ord. No. 1066B, § 6, 9-12-2023)

9.40.050 - Violations.#

(a) Any person violating this chapter shall be subject to the following penalty:

(1) Temporary seizure of personal property, as set forth at LMC Section 9.40.030.

(2) Prior to the city pursuing the remedy set forth at subsection (a)(1) of this section, the city shall provide the violator, orally or in writing, with information about housing support services. Nothing in this section or this chapter shall require the city to provide housing to such violator.

(3) Nothing in this chapter is intended to prohibit an unhoused individual from possessing or using items necessary for protection from the elements when sleeping, such as a blanket, sleeping bag or pillow.

(b) Notwithstanding subsection (a) of this section:

(1) Any violation of this chapter may be cited and charged criminally as an infraction or misdemeanor.

(2) Any violation of this chapter may be cited civilly pursuant to LMC Section 1.20.020.

(3) Any violation of this chapter may be remedied by a civil action brought by the city attorney.

(4) Violations of this chapter are hereby declared to be public nuisances subject to abatement by the city by any lawful means.

(c) The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable, or criminal, afforded to the city under the law.

(Ord. No. 1085B, § 5, 1-28-2025; Ord. No. 1066B, § 6, 9-12-2023)