Protesters have been in and around Acacia Park for nearly two weeks.
/ FOX21: file photo
COLORADO SPRINGS, COLO. -- Colorado Springs Police officers have arrested a man who was camping in Acacia Park, a violation of the city's ordinance.
Officers arrested 47-year-old Steven Bass around 1:41 a.m. Tuesday for setting up a tent and camping in the southwest corner of the park. He was released after being served a summons, but his tent was confiscated.
The arrest comes one day after officers issued eight written warnings to Occupy Colorado Springs protesters who were caught sleeping in the park.
Officers have been working with the protesters, who have been in the park about two weeks, to obey the city laws while preserving their first amendment rights. Monday members of the department's Code Enforcement Unit talked with protesters about applying for a permit to keep structures for handing out materials as long as they don't sleep in them.
Officers said they have asked for voluntary compliance and will now arrest people who are caught camping in the park.
Below is a copy of the city ordinance from the Colorado Springs Police Department:
3.2.201: PERMITS REQUIRED:
A. The space below the surface, upon the surface, and above the surface of public property may be used and occupied for any purpose not inconsistent with the provisions of this part, other provisions of this Code, other laws or ordinances regulating the use and occupancy of the public property. It shall be unlawful for any person to use or occupy the space, whether below, upon or above the surface of public property, or to construct any device or structure set forth except by and under the authority of a revocable permit in writing first granted by the City Council, Mayor, or Utilities Executive Director and issued by the Mayor, or in the case of property primarily used by Utilities, granted and issued by the Utilities Executive Director. However, recreational vehicles or trailers may be stored in accord with the provisions of chapters 9 and 10 of this Code, in which case no revocable permit shall be required under the provisions of this part.
B. For purposes of this article, permits shall be for the use and occupancy of Utilities' property and rights of way. Licenses shall be for all other uses and occupancy of public property.
C. All permits and licenses shall be issued per the authority listed in section 10-100 of the City Charter.
D. For purposes of this article, the Mayor shall have authority to issue revocable permits for use of public property primarily used by the Municipal government. The Utilities Executive Director shall have authority to issue revocable permits for use of public property primarily used by Utilities pursuant to section 12.1.117 of this Code.
E. The Mayor may by administrative regulation delegate the responsibility for review, approval and issuance of revocable permits. (Ord. 4466; 1968 Code §10-143; Ord. 91-160; Ord. 94-80; Ord. 98-185; Ord. 01-42; Ord. 03-125; Ord. 07-31; Ord. 11-19)
9.6.110: CAMPING ON PUBLIC PROPERTY PROHIBITED:
A. It is unlawful for any person to camp on any public property, except as may be specifically authorized by the appropriate governmental authority.
B. For purposes of this section "camp" or "camping" means to use the public area for living accommodation including, but not limited to, the activities and circumstances listed below. These activities and circumstances may be considered in determining whether reasonable grounds for belief have arisen that a person has "camped" or is " camping " in violation of this section.
1. Sleeping or making preparations to sleep, including the lying down of bedding for the purpose of sleeping.
2. Occupying a shelter out of doors. "Shelter" shall mean any cover or protection from the elements other than clothing, such as a tent, shack, sleeping bag, or other structure or material.
3. The presence or use of a campfire, camp stove or other heating source or cooking device.
4. Keeping or storing personal property. (Ord. 10-10)
9.9.404: CAMPING RESTRICTIONS:
A. It is unlawful for any unauthorized person to camp, as that term is described in section 9.6.110 of this chapter, on any park property.
B. It shall be unlawful for any person to allow any movable vehicle or structure or special vehicle, such as a house trailer or camper trailer, under the person's control to remain in a park after closing. (Ord. 89-97; Ord. 01-42; Ord. 10-9)
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