To prepare for the Democratic National Convention, the city of Charlotte is considering an ordinance that would prohibit camping on all city property, which could stifle the ongoing Occupy Charlotte protest.

In addition, the ordinance would prohibit the possession of "noxious" substances, along with items such as pipes, chains or padlocks if their intended use would be to block a street, sidewalk or building entrance.

The proposal comes as some cities are trying to evict "Occupy" protesters, including Oakland, Calif., where a protester was injured this week when police dispersed a crowd. In addition, Charlotte and Tampa, the host city for the Republican National Convention, are studying how to manage expected crowds and protests for next year's conventions.

As written, the draft ordinance deems camping on all city property a "public nuisance." Under the draft, it appears the Occupy Charlotte protest outside Old City Hall on Trade Street could continue during the day, though protesters wouldn't be allowed to pitch tents or sleep in the public space.

It would be punishable by a $500 fine.

The ordinance says the city manager could make an exception, however. If passed, the City Council could lobby City Manager Curt Walton to grant an individual exemption, or it could pass the ordinance and set a deadline for the protesters to leave.

Mayor Anthony Foxx, a Democrat, said he was asking the city attorney's office for an analysis on whether the city could legally evict the Occupy Charlotte protesters with an ordinance passed after they began camping.

"I don't have a legal answer to that question yet," Foxx said.

For the DNC, Foxx said it's important to observe First Amendment rights, but his primary concern is that "the public health and safety be placed at a premium."

Walton said the draft ordinance was just written, and city staff hasn't reviewed it yet. A copy of the ordinance was released Thursday after being requested by the Observer.

Walton said it is too early to speculate on whether the Occupy Charlotte protesters would be grandfathered in.

Provisions of the proposal would ban:

The possession of a noxious substance with the intent to use it to interfere with "lawful assembly," emergency services or the right to enter or leave a place.

The city has defined a noxious substance as being anything that is "harmful or destructive or foul or offensive to human beings," including "garbage, trash, refuse, animal parts or fluids, manure, urine, feces or other organic waste by-products."

The possession of items such as "pipes, tubes, wire, handcuffs, chains, carabiners, or padlocks, or containers either weighted or not" if they intend to use them to block a public right of way or entrance to a building. In addition, the ordinance would prohibit a person from attaching themselves to another person, vehicle or building with the intent to block a sidewalk, street or entrance.

The placement of a "temporary obstruction" in a public right of way. That would include a ladder, platform, stage, table, tent or tarp.

In Tampa, officials are reviewing the city's special event permit process, according to a story in the St. Petersburg Times.

Republican City Council member Warren Cooksey said he supported the ordinance to make a clear statement early in terms of crowd control, long before the convention starts.

The ordinance could be reviewed and voted on by City Council by the end of the year, Walton said.

Charlotte-Mecklenburg Police attorney Mark Newbold said council members could add a sunset provision, meaning they could expire after the convention.

In terms of camping, the ordinance attempts to close a small loophole. No one can sleep in city or county parks nor can anyone occupy a city sidewalk or street.

But the space in front of the Old City Hall is considered a "public forum." The city currently doesn't have any rules against camping there.

"At Old City Hall we have allowed people to demonstrate, but none has stayed more than a couple of hours," Newbold said.

In an interview, Newbold said the ideas mostly came from a meeting with attorneys and police departments from other cities that have hosted conventions.

Earlier this month, Occupy Charlotte protesters asked the city for permission to install a portable bathroom on the site. The city refused.

Parks and greenways

The Occupy Charlotte protest also has some county leaders questioning whether Mecklenburg needs to strengthen any of its ordinances ahead of the DNC, including for its parks and greenways. Chairwoman Jennifer Roberts, a Democrat, said she'd like the board to discuss the issue before the convention.

County rules currently bar people from camping out in most parks, and require permits for anyone wanting to solicit or hold demonstrations on park property.

The parks director also is allowed to close parks to the public. Violators of park policies could face fines or be charged with a misdemeanor.

But Republican commissioner Bill James says he thinks the rules aren't adequate enough to handle the large number of protesters who could come for the DNC.

For example, he says the policy doesn't specify when a person could face arrest for violating policies. He'd also like a procedure set up during the convention for alerting police if a park employee or volunteer finds someone violating the rules.

James said the lack of available hotel rooms during the convention could lead to "an attack on Mecklenburg County's park system."

"This whole issue with Occupy Charlotte has been a good thing because it's identified weaknesses in the city and the county ordinances," James said.