Gardner council adopts updated public-offense code and new unlawful-camping rules after debate on parked cars and local resources

The City of Gardner on Monday adopted the Kansas City edition (2025) of the Uniform Public Offense Code and added a new unlawful-camping provision intended to give officers a lower-level, discretionary tool to address people living on public infrastructure and to connect them with resources.

City staff presented the change, which defines “camp” to include sleeping, storing personal property or using tents and parked vehicles as living accommodations and prohibits camping on public infrastructure — including park benches, shelters, trails and within set distances of doorways and sidewalks — unless expressly allowed by permit. The proposed violation is classified as a non-class misdemeanor; penalties are not fixed, allowing courts to consider diversion, dismissal or a fine up to $500 and/or confinement up to 30 days depending on circumstances.

“A goal here is to connect individuals with resources that promote stable housing while maintaining safe and sanitary public spaces,” the staff presenter said during the council packet overview, describing the proposed language as giving officers a graduated enforcement option instead of immediately pursuing trespass or higher penalties.

Council members asked whether the measure is complaint-driven or proactive, whether it applies only to public property, and whether sleeping in parked vehicles should be treated separately. One council member noted local shelter capacity and cited an estimate of 21 unhoused students in Gardner, expressing concern that criminalizing parked vehicles could displace families and complicate school attendance.

Chief Waldo and staff said enforcement is intended to start with resource referrals and education, and that the court has discretion to dismiss citations if individuals promptly show they have updated their situation or accepted help. The police department also told council it uses a transient fund, supported by local churches, to pay for short-term hotel stays as an emergency option.

Council members pressed staff to clarify that the camping rules apply only to public property and suggested narrowing language about parked vehicles; staff acknowledged they borrowed portions of the ordinance from other cities and said they would clarify the public-property scope if council desired. Several members said they favored keeping a tool for officers but asked staff to return with clearer language and examples of where sleeping in vehicles would or would not be permitted.

After the debate, the council voted to adopt ordinance 2867 incorporating the 2025 UPOC and the unlawful-camping provision as presented. The council also separately adopted ordinance 2868 amending park regulations to prohibit overnight camping on city land except by posted permit or special permit for organized groups.

What happens next: the UPOC adoption and the park regulation changes take effect as provided in the ordinances; staff said they will clarify the ordinance language about public property and parked vehicles, and continue coordinating with Johnson County Mental Health and local nonprofit partners for diversion and emergency shelter placement.