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<br />(3) A property owner who permits overnight sleeping pursuant to subsection (1) and (2) of this <br />section, may revoke that permission at any time and for any reason. Any person who receives <br />permission to sleep on that property as provided in this section shall leave the property <br />immediately after permission has been revoked. <br /> <br />(4) Notwithstanding any other provision of this section, the city manager or the manager’s <br />designee may: <br /> <br />(a) Prohibit overnight sleeping on a property if the city finds that such an activity on that <br />property is incompatible with the uses of adjacent properties or constitutes a nuisance or other <br />threat to the public welfare; or <br /> <br />(b) Revoke permission for a person to sleep overnight on city-owned property if the city finds <br />that the person has violated any applicable law, ordinance, rule, guideline or agreement, or <br />that the activity is incompatible with the use of the property or adjacent properties. <br /> <br />(5) The city manager or the manager’s designee may impose administrative civil penalties on <br />property owners who fail to comply with the requirements of subsections (1) and (2) of this <br />section, as provided in section 2.018 of this code. <br /> <br />(6) In addition to any other penalties that may be imposed, any campsite used for overnight <br />sleeping in a manner not authorized by this section or other provisions of this code shall <br />constitute a nuisance and may be abated as such. As used in this section, "campsite" has the <br />meaning given in section 4.815 of this code. <br /> <br />(7) The city manager may adopt administrative rules in the manner provided in section 2.019 of <br />this code to implement this section. <br /> <br />(8) With authorization from the city manager or designee in connection with a specific special <br />event, persons may sleep overnight on public property which has a community center, <br />swimming pool, or other city-operated athletic facility located thereon at which the special <br />event is being held. The authorization shall be limited to no more than eight days in any two- <br />week period. <br /> <br />(9) Nothing in section 4.815 or 4.816 of this code creates any duty on the part of the city or its <br />agents to ensure the protection of persons or property with regard to permitted overnight <br />sleeping. <br /> <br />(Section 4.816 added by Ordinance No. 20130, enacted August 5, 1998; and amended by <br />Ordinance No. 20255, enacted June 10, 2002, effective July 10, 2002.) <br /> Z:\CMO\2010 Council Agendas\M100224\S100224B-and attA-D.doc <br /> <br />