Ad hoc committee recommends adding 'camping' ban to right-of-way ordinance, drops vague 'unreasonable time' language

The Clarke County ad hoc committee on right-of-way use on June 5 recommended that the full commission add explicit "camping" (sleeping or lying down) prohibitions to the county's right-of-way ordinance while removing a highlighted phrase about an "unreasonable length of time" that members said would be hard to enforce.

Courtney Davis, an attorney in the county attorney's office, told the committee the draft text adds camping to section 3523 and defines camping to include "sleeping, lying down, storing personal property or using an area as a living accommodation." She said the narrower camping language is common in other Georgia cities and has survived legal challenge in recent years. "It would just strictly prohibit somebody from camping in a public area," Davis said, adding that the version that also banned "sitting" would be less commonly used and less tested in court.

The committee discussed multiple enforcement and equity concerns, including whether bench users who keep belongings all day would qualify as "camping," how wheelchair users would be treated, and the practicality of police monitoring time limits. Members warned an overly broad ban could sweep in people taking short rests, students lying on lawns, or picnickers in parks. One member noted the practical problem with time-based enforcement: "You'd be asking an officer to sit there for 90 minutes," a point committee members repeatedly cited as an example of resource strain.

Davis also warned of a new Georgia law taking effect July 1 that changes enforcement-related liabilities; she said communities that adopt ordinances they do not enforce can face taxpayer claims tied to non-enforcement. To illustrate potential consequences, the attorney referenced a local example in which a property owner obtained tax relief tied to government non-enforcement in a long-running nuisance case in Clarke County.

After debate, committee member Carol moved to recommend the camping/lying language to the full commission, removing the "unreasonable length of time while attended" phrase that members said was nebulous and hard to apply. The motion was seconded and approved by voice vote; the chair said the recommendation will be considered by the full commission in the August meeting cycle.

The committee left in place typical exceptions discussed during the meeting'including carved-out seating supplied by public agencies, permitted special events and accessibility-related exceptions'and emphasized that the ordinance should include graduated enforcement (warnings before citations). The committee also asked staff to refine definitions and exceptions before the item goes to the commission.

The committee adjourned after approving the recommendation.