COUNCIL OF THE CITY OF ABERDEEN

Ordinance No. 17-O-08

Date Introduced: March 16, 2017

Sponsored By: Councilwoman Sandra Landbeck

Councilman Timothy Lindecamp

Public Hearing: March 27, 2017

Amendments Adopted:

Date Adopted:

Date Effective:

AN ORDINANCE concerning

1 PROHIBITED OCCUPANCIES
2
3 FOR the purpose of the use or occupancy of tents, other temporary or portable shelters or
4 temporary structures for human habitation under certain circumstances; providing for
5 enforcement and penalties for violations; and matters generally related thereto.
6
7 BY adding
8 Chapter 422. PROHIBITED OCCUPANCIES
9 Section 422-1
10 Code of the City of Aberdeen (2010 Edition as amended)

EXPLANATION:
CAPITALS INDICATE MATTER ADDED TO EXISTING LAW
((Double Parenthesis)) indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike-Out indicates matter stricken from bill by amendment or deleted
from the law by amendment.
* * * indicates existing unmodified text omitted from Ordinance
Bold text within Appendix A, Table 1 and Table 2 indicate new matter
added to existing law

11 SECTION 1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF

12 ABERDEEN, that new Section 422-1 is hereby added to the Code of the City of Aberdeen
13 (2010 Edition as amended), to be under new Chapter 422, PROHIBITED OCCUPANCIES, to
14 follow immediately after Chapter 417, PEDDLING AND SOLICITING, and to read as follows:
15
 Ordinance No. 17-O-08
Prohibited Occupancies
Page 2 of 3

1 CHAPTER 422. PROHIBITED OCCUPANCIES

2
3 422-1. USE AND OCCUPANCY PROHIBITION.
4
5 A. A PERSON MAY NOT USE OR OCCUPY, FOR PURPOSES OF HUMAN
6 HABITATION FOR MORE THAN 24 CONSECUTIVE HOURS AT THE SAME
7 LOCATION:
8
9 (1) A TENT;
10
11 (2) ANOTHER TYPE OF TEMPORARY OR PORTABLE SHELTER; OR
12
13 (3) A TEMPORARY STRUCTURE THAT IS NOT A DWELLING UNIT AS
14 DEFINED IN THE CITY OF ABERDEEN DEVELOPMENT CODE.
15
16 B. FOR PURPOSES OF THIS SECTION, LOCATION MEANS A LOT OR PARCEL
17 OF LAND AS SHOWN ON A SUBDIVISION PLAT OR TAX MAP OR AS
18 DESCRIBED BY DEED.
19
20 C. THIS SECTION SHALL BE ENFORCED BY SWORN LAW ENFORCEMENT
21 OFFICERS AND CODE ENFORCEMENT OFFICERS OF THE CITY OF
22 ABERDEEN POLICE DEPARTMENT.
23
24 D. UPON OBSERVING A PERSON WHO IS VIOLATING SUBSECTION A. OF THIS
25 SECTION, A SWORN LAW ENFORCEMENT OFFICER OR A CODE
26 ENFORCEMENT OFFICER SHALL HAND DELIVER TO THE PERSON WRITTEN
27 NOTICE THAT DIRECTS THE PERSON TO CEASE THE VIOLATION AND
28 ADVISES THE PERSON OF CORRECTIVE MEASURES NECESSARY TO CURE
29 THE VIOLATION.
30
31 E. A PERSON WHO FAILS OR REFUSES TO CEASE A VIOLATION OF THIS
32 SECTION AFTER NOTICE IN ACCORDANCE WITH SUBSECTION D. IS GUILTY
33 OF A MUNICIPAL INFRACTION AND IS LIABLE FOR A FINE IN THE AMOUNT
34 OF $50 FOR EACH VIOLATION. EACH DAY THAT A VIOLATION CONTINUES
35 IS A SEPARATE OFFENSE.
36
37 SECTION 2. BE IT FURTHER ENACTED BY THE COUNCIL OF THE CITY
38 OF ABERDEEN, that this Ordinance shall become effective at the expiration of twenty (20)
39 calendar days following adoption.
Ordinance No. 17-O-08
Prohibited Occupancies
Page 3 of 3

COUNCIL OF THE CITY OF ABERDEEN

_____________________________________
Patrick L. McGrady, Mayor

______________________________________
Steven E. Goodin, Councilman

______________________________________
Sandra J. Landbeck, Councilwoman

______________________________________
Timothy W. Lindecamp, Councilman

______________________________________
Melvin T. Taylor, Councilman

ATTEST: SEAL:

__________________________________
Monica A. Correll, City Clerk

Date ______________________________