Broken Arrow City Council
Meeting of: 08-04-2025
Title:
title
Consideration, discussion and possible preview of an ordinance amending Chapter 16, Offenses - Miscellaneous, Article III, Offenses Against Property, of the Broken Arrow Municipal Code, to include the following sections: Section 16-69, Definitions; Section 16-70, Encampment in a public place or on private property prohibited; Section 16-71, Defenses to unlawful encampment in a public place or on private property; Section 16-72, Penalty; Section 16-73, Procedure for enforcement of this article; and Section 16-74, Protection of constitutional rights; and Sections 16-75 - 16-80; Reserved; and declaring an emergency
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Background:
Briefly, the Encampments Ordinance will provide:
• Definitions for “encampment,” “encamp,” “durable medical equipment,” “heating device,”
“public place,” and “verifiable permission.”
• Camping in a public place without the written or otherwise verifiable permission of an
appropriate, authorized public officer, is prohibited and unlawful. The appropriate public officer is an authorized officer for the public entity owner, managing, or controlling the public place (or the City Council for City property).
• An exception to the listed public place camping prohibition to provide that it “shall not
apply to an encampment located in a public place if the encampment has been authorized
by statute, ordinance, rule, regulation, permit, resolution, executive order, or any other
official action.”
• Camping on private property without the written or otherwise verifiable permission of the
record owner or other person in lawful possession of such property is prohibited and unlawful.
• Affirmative defenses to a prosecution for unlawful encampment in a “public place” or on
private property.
• A procedure for enforcement of the prohibition against encampments, with a required prior written warning and notice of the illegal encampment, along with a reasonable time for
campers to comply with the warning and notice.
• The written warning required may be accompanied by written information regarding the
availability of medical treatment, mental health treatment, drug or alcohol addiction
services, or general social services (including temporary shelter, other housing services,
and other services that might be available).
• Designation of a violation of the Encampments Ordinance as a Class “B” offense.
• A section expressly protecting constitutional rights: “No provision of this article may be
construed or enforced in a manner that violates the legal rights of any person under the
Constitution or statutes of the United States or the Constitution or statutes of the State of
Oklahoma.”
Cost: No Cost
Funding Source: No Source
Requested By: City Manager’s Office
Approved By: Trevor Dennis, City Attorney
Attachments: Preview Ordinance
Recommendation:
recommend
Preview the Ordinance and set for adoption.
end