Ad hoc committee recommends banning 'camping' and lying in Clarke County rights-of-way; forwards language to commission

An ad hoc committee on right-of-way use in Clarke County voted June 5 to recommend that the full county commission consider an amendment to local ordinance that would prohibit "camping" in public areas — a definition the county attorney's office says includes lying down, sleeping and using a public area as a living accommodation.

Courtney Davis of the county attorney’s office told the committee the draft language would make camping a standalone prohibited act rather than relying solely on an interference-with-passage standard. "No person shall camp in a public area," Davis said, calling the camping draft "a blanket ban on lying down on in public spaces." She recommended removing an earlier, highlighted phrase that barred leaving personal property for "an unreasonable length of time while attended," saying that standard is nebulous and hard to enforce.

The committee discussed a second, broader draft that adds explicit prohibitions on sitting in public areas. Davis and members cautioned that adding "sit" is less common in Georgia ordinances and can sweep in lawful uses of public parks and benches. The panel agreed that the camping version is more commonly used in comparable Georgia cities and is more likely to withstand enforcement and constitutional scrutiny.

Members raised several practical and equity concerns. They said officers must be able to apply the rule without targeting particular populations, and noted enforcement limits: a suggested 90-minute time limit used in some jurisdictions would be difficult to operationalize. Davis said communities typically accompany these ordinances with graduated enforcement — warnings before citations — and with explicit exceptions for mobility devices and permitted special events.

Committee members also discussed downtown business complaints and the College Square/Starbucks area, noting the existing ingress-and-egress-based rule sometimes fails to address persistent bedding or stored personal property adjacent to closed storefronts. Davis warned of a recent state law, effective July 1, that could expose local governments to taxpayer-relief claims when jurisdictions pass ordinances they do not consistently enforce.

Commissioner Carol moved — and a colleague seconded — to recommend the camping/lying language to the full commission while removing the "unreasonable length of time while attended" phrase for clarity and enforcement reasons. The committee approved the recommendation by voice vote; the item is scheduled for the commission's August consideration.

If the full commission adopts the change, the ordinance would prohibit camping (sleeping, lying down, storing personal property as part of living accommodation) in specified public areas while retaining listed exceptions; the committee postponed a broader sitting ban for further study. The committee also requested that staff continue to refine definitions and exceptions so the rule is clearly applicable to private versus public-maintained spaces and does not inadvertently criminalize ordinary park or bench use.