The Leesburg Commission has scheduled a public hearing Monday night on an ordinance aimed at controlling the homeless problem in Leesburg.

The ordinance would prohibit any person from engaging in public camping or sleeping on or in any public property, public building, or public right away under the ownership, control, or jurisdiction of the city unless conducted on public property, mutually designated by the county and city for such purposes, pursuant to Florida statutes. 

The ordinance defines public camping as “lodging or residing overnight in a temporary outdoor habitation use as a dwelling or living space and evidenced by the erection of a tent or other temporary shelter, the presence of bedding or pillows, or the storage of personal belongings or lodging or residing overnight in an outdoor space without a tent or other temporary shelter.”

Homeless people who are residing overnight in a motor vehicle are not covered by this ordinance as long as the motor vehicle is properly registered, insured, and located in a place where they may lawfully be for temporary lodging or residing.  The ordinance does not include camping for recreational purposes on property which has been designated for such purposes.

The ordinance says Leesburg police officers are authorized to issue a written warning to any person for violation of the ordinance, which would be based upon the officer’s personal investigation. The warning will give the homeless person a reasonable amount of time to leave the public property and would require that any tents, temporary structures and other personal belongings be removed. If the individual does not remove the property and vacate the area within 60 minutes of the warning, the person may be fined up to $500 or charged with trespassing under existing city and state laws.

The new Florida statute, section 125.0231, also gives city residents, business owners in the city and the attorney general the authority to file for an injunction lawsuit against the city if the city so allows camping or sleeping on public properties including, but not limited to, public buildings, parks or other properties or right of ways which are under the city ’s jurisdiction. 

During the first reading of the proposed ordinance Mayor Jimmy Burry made it very clear that the new ordinance mirrors the state law and will hopefully enable the city to deal with homeless camping without being sued by residents and local businesses. He also said that the state law requires that should the city and county decide to create a homeless camp it could not be placed in an area zoned residential or commercial. He noted that there are no areas within the city limits which would meet the state law’s requirements.

Several downtown business owners expressed support for the new ordinance during the Sept. 23 commission meeting.