Discussion and possible directions to staff on any and all matters regarding Ordinance No. 388.  An Ordinance of the Mayor and City Council of the City of San Luis, Arizona, amending the San Luis City Code Chapter 94, Parks and Recreation, by adding sections 94.30 through 94.37 relating to camping on public property; repealing any conflicting provisions; providing for severability; and providing provisions for penalty.  (Glenn J. Gimbut, Assistant City Attorney)

Recently the city has received complaints of campsites/habitats appearing on Bureau of Reclamation land near Mesa Street.  These campsites are without permission from the Federal government.  Traditional trespass laws are difficult to enforce with State and Federal lands since the State of Arizona and the U.S. Government usually will not show up in court to be witnesses to claims of trespass.  Attached is what has been called an anti-camping statute which is similar to trespass laws, but is different in that it does not need the landowner to be a necessary witness in prosecution.  Mechanically how it works is that the police department makes contact, asks to see written permission from the occupant to be there, and if that permission does not exist, they ask the person to leave and clean up the campsite.  If they do not, then a crime has been committed.  The city has the option of arresting the person or persons involved, and clean up the campsite (with permission from the State or the Federal government).  One wants to have the option of arrest so that there is not a physical confrontation between the occupants of the campsite and city workers.  An ordinance like this has been used for years in Apache Junction with success in ending illegal desert campsites there.