HAGERSTOWN – The Hagerstown City Council is considering a revised ordinance prohibiting outdoor lodging on public property. This follows concerns from law enforcement about limited legal tools for addressing specific public space encampments.
The original camping ordinance died on a 2-2 split vote in May, with one council member absent. But it’s back on the table with revisions now.
At the June 3 work session, Police Chief Paul Kifer presented the updated version of the ordinance, which aims to close a loophole in existing laws while emphasizing voluntary compliance and connection to social services rather than punishment.
Narrow scope, specific purpose
“This isn’t about criminalizing homelessness,” Kifer told council members. “It’s about having a tool to address a narrow but significant gap where other ordinances don’t apply.”
Under current law, officers have few enforcement options when individuals set up tents or sleep in public spaces, such as downtown sidewalks or city parks, during daytime hours unless they block pedestrian access or violate another specific statute.
The proposed ordinance, which was revised to clarify that only law enforcement, not other city employees, would have enforcement authority, is designed to deter larger encampments and ongoing disturbances.
“If someone’s sleeping in a sleeping bag downtown against a flower bed during the day, and they’re not blocking anyone, there’s nothing we can do right now,” Kifer said. “We want to be proactive, not reactive, especially before problems escalate.”
Encouraging services, not arrests
Kifer emphasized that the goal is not to make arrests, but to encourage individuals to move voluntarily and accept help when available.
“This law gives us leverage to promote compliance,” he said. “Most people move on when asked, but we currently have no recourse if they don’t.”
The department also views the ordinance as a way to better connect individuals with services. In fact, the city is collaborating with a district court judge to establish a specialty court that would provide a more rehabilitative approach for those cited under the ordinance.
“We’re trying to bring resources to people where they are,” Kifer added. “This tool could help us move someone toward services instead of jail.”
Rarely used, but potentially vital
While the tool may not be used often, Kifer and his command staff estimate it could be applicable fewer than 10 times per year. Still, he said, it fills a legal void that could become critical i public encampments increase.
Council members asked about specific scen arios in which the ordinance would apply and expressed support for helping residents understand the difference between private and public property enforcement. Kifer said the ordinance would not apply to private spaces like business alcoves where trespassing laws already allow property owners to request removal.
“It’s those publicly shared spaces like sidewalks or common areas where this helps us,” he explained.
A changing landscape
Kifer noted a shift in public behavior over the past year, citing an increase in individuals choosing to occupy public spaces in visible areas. Some do so because they feel safer in high-traffic locations, especially those near the police department.
“We used to see people try to hide in wooded areas or tucked-away places,” he said. “Now they feel safer being visible, but that brings other issues, public concerns, multiple calls and limited action we can take.”
He acknowledged the complexity of the issue, which intersects with homelessness, mental health, and addiction.
“Not all of the people we see are unhoused,” he said. “Some have homes but spend the day on the street. Others struggle with mental illness or substance abuse. Our officers often function more like social workers than law enforcers.”
A compassionate but firm approach
Throughout the discussion, Kifer mentioned compassion as a guiding principle. Arrests, he said, would remain a last resort.
“Sometimes people deserve to be arrested, but that’s never our first option,” he said. “The goal is to be proactive, help and protect vulnerable individuals and the broader community.”
Council members appeared largely supportive of the ordinance, which is pending further review and another formal vote in a future session.
