ANNA MARIA – The city has a new ordinance in place that prohibits sleeping and camping in public places.
Adopted by the city commission on Dec. 12, Ordinance 24-937 brings the city into compliance with a state law enacted by the Florida Legislature earlier this year with the adoption of House Bill 1365. The state law prohibits counties and cities from authorizing or allowing public camping or sleeping on public property without certification provided by the Florida Department of Children and Families.
City Attorney Becky Vose told commissioners the state law is intended to prevent public encampments like those that occurred in Seattle and other major cities in recent years and a local ordinance is needed to enforce the state-mandated sleeping and camping prohibitions.
According to the adopted city ordinance, “The city of Anna Maria has a significant interest in providing a safe and pleasant environment for its citizens, business owners, visitors and its homeless population by eliminating public camping or sleeping on any public property, public building, or public right-of-way.”
The commission discussed removing the ordinance language that says, “Sleeping on park benches at any time is prohibited” and “Sleeping anywhere at the City Pier at any time is prohibited.”
Although the hurricane-damaged pier is currently closed, City Pier Grill operator Brian Seymour encouraged the commission to leave that language in place because people sleeping on the pier has been problematic at times.
Sgt. Brett Getman, of the Manatee County Sheriff’s Office Anna Maria Unit, also requested that language be left in the proposed ordinance. Getman said his deputies will use their discretion when discerning the difference between someone who inadvertently falls asleep in a public place and someone who intentionally attempts to sleep in a public place.
Getman said the deputies are trained to assist the homeless by trying to connect them with services rather than issuing tickets or arresting them for one-time minor infractions.
The commission agreed to leave that language in place. The commission also established a $100 fine for each cited violation of the new ordinance and a new citation can be issued every hour if someone continues to violate the sleeping and camping prohibitions.
