ST. GEORGE — A new ordinance adopted by the City Council last week gives police officers additional authority when handling situations concerning illegally camping on public and private property. The vote was not unanimous however, as one council member voiced concerns over private property rights and local government overreach.
Voted into local law by a 4-1 vote during the council’s Oct. 5 meeting, Ryan Dooley, assistant city attorney, said the purpose of the new code is to help keep the city’s public spaces free of the sanitation and safety hazards that unauthorized “camping” can create.
It also aims to prevent private property zoned for single family residences from turning into multi-family due to the creation of unofficial campsites or “mini-RV parks.”
“The residential camping ordinance pertains to vehicles that are used for habitation, dwelling, camping, or lodging,” city spokesman David Cordero told St. George News in an email. “The intent is to affirm that people cannot turn a single family residence into a multifamily residence by having folks living on their property out of a vehicle.”
During the council meeting, assistant city attorney Ryan Dooley showed the council photos of illegal camping on both public and private property. In some cases, homeless set up campsites and makeshift shelters by or on roadsides not designated as camping areas.
“Obviously this is a safety hazard,” Dooley said, while noting that in one instance a garbage truck had to move on one of the makeshift campsites to avoid running it over.
While she supported the public property element of the new ordinance, Councilwoman Michelle Tanner said she wanted the part governing private property to be removed.
“I think this is something that is really important, that we really need to get ahead of when it come to our public spaces,” she said, yet added her concerns about the city abusing its authority by telling property owners what they can and cannot do on their own land.
Tanner said the new ordinance would potentially penalize people who set up a tent in their backyard for one night for as a part of a family activity. Or hinder those who give permission for family members with a motorhome or camping trailer to be on their property while visiting.
“To me, that’s a huge infringement,” Tanner said. “I don’t think it’s right that we step in and say what someone can’t do on their own property.”
Dooley noted that current city code already prohibited property owners from allowing would-be campers or motorhome occupants on their property.
Prior to the adoption of the new code, city authorities were limited in how they could respond to potential illegal campers, as an official complaint needed to be made to police originally.
“Code enforcement is complaint driven,” Cordero said in his email. “Code enforcement officers had to determine if someone was habitating on the property in violation of the zoning code. Violators would be subject to a civil fine. This ordinance raises the penalty from a civil fine to a class C misdemeanor.”
Under the new ordinance, police officers can deal with the issue more directly, while also gaining clarity on homeless residents as a clear definition that was absent from the city code until now.
The original request to give the existing code “more teeth” came from St. George Police officers, Dooley said.
St. George Police Officer Brandon Palmer, who is a part of the department’s Echo Unit (maintain bike patrol), said revisions to the code would allow officers to better deal with “individuals who are taking advantage of homeowners” and are “repeat offenders” when it comes to illegal camping.
“We really need this to deal with these issues,” he said.
As far as general enforcement goes, Palmer said officers are given discretion to determine if a scenario they come across is worth addressing. Situations where someone’s children camp in the park yard for a weekend or have family visiting aren’t necessarily on an officer’s radar, he said.
Councilwoman Natalie Larsen said the city should support the police officers in this matter. However, she also said she’d like to see a way private property owners could apply to the city to allow them to host others on their property, provided certain requirements and infrastructure needed to clear health and safety concerns are met.
“Our officers are asking for this,” Larsen said. “This is not something we’re creating to make life more difficult for residents.”
The issue of homelessness was mentioned by different council members as the discussion progressed.
Councilwoman Dannielle Larkin said one of the basic human needs is shelter and that the concern from the police is that they want the homeless they encounter to be properly and safety sheltered.
Tanner remained opposed to the part of the residential part of the proposed ordinance.
“With the housing shortage — putting the private property part in (the code) — it’s not a good thing to keep in there because if someone needs housing, I would rather have them safely on private property where they’re not causing any issue and have permission living in a trailer on the side of a house than either homeless or not having anywhere to live at all.”
The council adopted the new code in 4-1 vote with Tanner being the sole nay vote.
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