HAGERSTOWN – The Hagerstown City Council plans to introduce a revised ordinance on May 27 prohibiting outdoor lodging in public spaces. The measure addresses the city’s growing concern with unsanctioned encampments while preserving public access and safety.
The ordinance “Prohibited lodging out of doors” was revised following council discussion on April 8. In a memo submitted by the Hagerstown Police Department on May 2, two major updates were highlighted:
- The purpose section now clarifies that the ordinance addresses risks to “public health, safety and welfare” and prevents obstruction to “the appropriate use of public spaces.”
- A sunset clause was added, providing that the ordinance will automatically expire six months after enactment unless the council votes to extend or amend it. Any citations issued before expiration will remain valid and be prosecuted to completion.
The proposed ordinance broadly defines “lodging out of doors” as sleeping or preparing to sleep, using tents or shelters, storing personal belongings and other acts associated with outdoor accommodation in public places. Public areas affected include streets, parks, sidewalks, bridges, parking decks and city-owned buildings and lots. The ban also applies to sleeping in motor vehicles parked on public property.
Violations would carry a maximum penalty of $500, up to 60 days in jail, or both. Each day of a violation would count as a separate offense. The ordinance also provides for enforcement by both law enforcement and city personnel, and explicitly allows violators to be referred to social services rather than arrested.
During the May 6 council work session, officials said the goal is not to criminalize homelessness, but to maintain safe and accessible public spaces. The ordinance permits excemptions for city-sponsored events where overnight stays are part of the program.
Council members expressed support for the ordinance’s revised language, especially the sunset clause, which they said ensures accountability and provides time for the city to assess its effectiveness. Council discussion also emphasized that the ordinance should work with broader efforts, like shelter access and outreach services, to support individuals experiencing homelessness.
The ordinance’s introduction will open a formal legislative process. A public hearing and council vote will follow in the coming weeks. If passed, the measure would take effect immediately and run through the end of the year unless renewed.
The draft ordinance can also be reviewed publicly on the city’s website.
