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Council adopts first reading of ordinance banning public camping and sleeping to comply with state law
Summary
On first reading the council amended city code to prohibit public camping or sleeping on city property to comply with state legislation; some members said they vote reluctantly because of enforcement and humanitarian concerns.
The City of Sebastian passed on first reading an ordinance to amend Chapter 70 of the city code to prohibit public camping and public sleeping on city-owned property, implementing changes required by state legislation. City staff said the amendment responds to House Bill 1365 (transcribed in the meeting as “house bill 13 65 20 24”) and that the state measure became effective Jan. 1, 2025.
City Attorney and staff described the revision as required by state law and said the city risks complaint or litigation if it does not adopt the local code change. During council discussion several members expressed reluctance about the statute’s enforcement mechanism; one council member said he would vote for the change “with absolute reluctance,” noting the potential for private citizens to file complaints about individuals sleeping on benches.
The motion to approve first reading and set the second reading public hearing for March 12 carried on a roll call vote with unanimous support.
Staff added that the change reflects a state-mandated obligation, and that local officials have limited discretion once the law takes effect. The ordinance language provides definitions and clarifies prohibited activities on city property; enforcement and penalties follow the state statute.
