HAGERSTOWN – A proposed ordinance restricting public sleeping and camping on city-owned property has sparked debate among Hagerstown City Council members, law enforcement and community advocates.
The ordinance seeks to define and regulate “lodging out-of-doors,” which includes sleeping or setting up encampments in public spaces such as parks, sidewalks, bridges and city-owned lots. Supporters argue that it will help address public safety concerns, while opponents fear it will criminalize homelessness without addressing its root causes.
Key provisions of the ordinance
● Defines “lodging out-of-doors” as using public space for living accommodations, including sleeping with bedding, setting up shelters or creating makeshift fire pits.
● Restricts public sleeping in city parks, streets and other municipal properties.
● Imposes penalties of up to $500 in fines or 60 days in jail, though law enforcement officials say citations will be prioritized over arrests.
● Allows officers discretion in enforcement and mandates referrals to social services where possible.
Council members question need
Council members voiced conflicting views on the necessity and potential consequences of the ordinance.
Councilman Kristen Alshire argued that much of what the ordinance seeks to regulate is already covered by existing city laws, particularly rules regarding park closures and trespassing on city-owned utility properties. He questioned whether this ordinance is a new tool or a faster enforcement mechanism.
“This is not a silver bullet,” Alshire said. “We already have the ability to enforce public camping restrictions – this just makes it a more efficient process.”
Councilwoman Tiara Burnett opposed the measure, arguing that it fails to address the larger issue of homelessness and punishes the unhoused instead of helping them.
“I’d rather see data to understand the full extent of what we’re dealing with before we create new penalties,” Burnett said. “We should focus on collaborating with stakeholders to reduce homelessness instead of just trying to move people out of sight.”
Law enforcement perspective: A necessary tool?
Hagerstown Police Department representatives, including Sergeant Edward Plummer, defended the ordinance as essential to maintaining public safety.
He cited past incidents, including a large encampment near the police station that took months to clear, with some people not actually being homeless but rather gathering in public spaces.
“We are not looking to criminalize homelessness,” Plummer said. “But there have been cases where people refuse to move, even after repeated warnings. This ordinance would allow us to act sooner, rather than getting calls eight times a day about the same issue.”
Plummer emphasized that the enforcement process would prioritize offering services first, then warnings, and, as a last resort, issuing citations or making arrests.
Community concerns and social service implications
Critics worry that the ordinance will disproportionately affect the unhoused population without offering long-term solutions. Hagerstown Social Services Coordinator Ashley Green noted that the city lacks enough shelter beds and that simply moving people from one place to another does not address their needs.
“We need to be looking at affordable housing solutions, not just enforcement,” Green said. “Many of the individuals affected are already connected to services, but we don’t have enough resources for them.”
Councilwoman Tekesha Martinez echoed these concerns, emphasizing that homelessness is a complex issue that cannot be solved solely through law enforcement.
“We approved affordable housing and homeless solutions as a focus area for the city,” Martinez said. “This ordinance feels like a step backward rather than forward.”
The final vote on the ordinance is expected at an upcoming council meeting. If passed, enforcement policies will be closely monitored for fairness and impact on the city’s unhoused population. For updates on this issue, visit the Hagerstown website.
