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HomeMy WebLinkAboutProposed Ordinance - 1/22/2026 1 SALT LAKE CITY ORDINANCE No. ______ of 2026 (Camping on or Obstructing Public Property and Park Rules) An ordinance amending various sections of the Salt Lake City Code relating to camping on public grounds, streets, parks, and playgrounds, park hours, disposing of unclaimed property, and obstructing sidewalks WHEREAS, Salt Lake City Corporation (the “City”) considers one of its foremost responsibilities to set standards for the preservation and protection of human life, health and safety of all City residents; WHEREAS, the City has seen an increase in the use of public spaces a living accommodations, for example, for uses such as sleeping, storing personal property, preparing or cooking meals, and toileting or personal hygiene, which uses exceed the intended purpose of public spaces and compromise public health, safety, and welfare; WHEREAS, the City currently prohibits camping, lodging, cooking, making a fire, pitching a tent, fly, lean to, tarpaulin, or any other type of camping equipment in public spaces; WHEREAS, it is necessary to amend the current prohibition on camping to more broadly encompass all living accommodation activity that more accurately describes the conduct being observed in public spaces throughout the City, as well as to extend this prohibition to apply to the use of vehicles as living accommodations; WHEREAS, it is also the purpose of the City to establish a process for the removal of encampments and personal property found on public property to promote the health safety, and welfare of City residents and users of public property. WHEREAS the City additionally wishes to consolidate and clarify various ordinances in City code that regulate the use and obstruction of public spaces and rights of way, to reduce confusion among City staff and citizens and ensure proper enforcement; 2 WHEREAS, the City is committed to protecting the rights of individuals related to their personal property and to treating individuals and their property with respect and consideration in the enforcement of these ordinances; and WHEREAS, for these purposes, and with the balance of these critical interests in mind, the City finds it necessary to make certain amendments to the Salt Lake City Code as provided herein. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Chapter 11.12 of the Salt Lake City Code, relating to camping on public grounds, streets, parks, and playgrounds, is hereby amended as follows: Chapter 11.12 Offenses Against Public Order 11.12.080: CAMPING ON PUBLIC PROPERTY: A. PURPOSE. The City has a vital government interest in promoting the health, safety, and general welfare of all inhabitants in the City by ensuring that the streets, sidewalks, parks, and other public property are maintained in a clean, sanitary, and accessible condition and kept safe and orderly for any persons using or passing upon such public property. These interests are nonetheless intended to be balanced by the essential human dignity and civil rights of all City inhabitants, and in enacting this ordinance, it is not the City’s intent to criminalize homelessness or violate any person’s constitutional rights. Enforcement of this ordinance shall be undertaken to avoid such results and enforcement efforts shall be focused on mitigating adverse impacts to public health, safety, and welfare that may arise from camping. B. DEFINITIONS. For purposes of this section the following terms, phrases, words, and their derivations shall have the meaning given herein: “Abandoned personal property” means personal property that has been discarded, or the owner is not present or is unable to be identified. 3 “Camp” or “Camping” means: 1. Sleeping outdoors in or on public property closed to the public, or between the hours of eleven o’clock (11:00) PM and five o’clock (5:00) AM; 2. Sleeping in a vehicle, including but not limited to, a recreational vehicle, travel trailer, motor coach, or motor home in or on public property closed to the public, or between the hours of eleven o’clock (11:00) PM and five o’clock (5:00) AM; 3. Leaving personal property unattended in or on public property closed to the public; 4. Using a vehicle, including but not limited to, a recreational vehicle, travel trailer, motor coach, or motor home in or on public property as a residence or dwelling, whether temporary or permanent, for living accommodation purposes; or 5. Using or occupying public property as a residence or dwelling, whether temporary or permanent, for living accommodation purposes. Observations and/or evidence of any combination of at least two of the following are indicia that public property is being used for living accommodation purposes: sleeping, storing of personal property, preparing or consuming meals, using camp stoves or otherwise making fires in an unauthorized area, establishing or occupying sleeping quarters or otherwise laying down of bedding for sleeping purposes, erecting or occupying temporary structures, including but not limited to tents, tarps, tarpaulins, huts, lean-tos, awnings, or shacks, or engaging in personal hygiene activities, toileting or bathing outside designated facilities. “Encampment” means personal property, including but not limited to vehicles, including recreational vehicles, travel trailers, motor coaches, tents, tarpaulins, chairs, cots, beds, bedding materials, huts, awnings, lean-tos, shacks, items used to cook or prepare food, household furniture items used to engage in personal hygiene activities, and other items used to facilitate camping. “Overnight shelter” means a public or private facility whether permanent, temporary, or emergency in nature, with all necessary governmental occupancy approvals, open to an individual or a family experiencing homelessness to house the individual or family at no charge. 4 “Park strip” means the portion of the right-of-way between a curb, or a place where a curb would be located if improvements were installed, and where a sidewalk is located or would be installed. “Personal property” means any tangible item reasonably recognizable as belonging to a person. Personal property does not include litter, trash, junk, discarded items, and other types of waste, or property owned by the United States of America and its agencies, or the state of Utah or any of its political subdivisions, including Salt Lake City Corporation or any department thereof. “Public property” means any real property, building, or structure owned, used, or leased by the United States of America and its agencies, or the state of Utah or any of its political subdivisions, including Salt Lake City Corporation or any department thereof, regardless of whether such public property is vacant or occupied and actively used for any public purpose. Public property includes any street, highway, sidewalk, park strip, alley, traffic island or median, park, public square, open space, trail, path, bench, equipment, and other similar property. “Reasonable notice” means notice reasonably calculated under all the circumstances to apprise a person that camping is prohibited at a particular location and, where personal property is deposited, affording the person time to gather their personal property and depart. “Store,” “Stored,” “Storing,” or “Storage” means to put aside or accumulate for use when needed, to put for safekeeping, and/or place or leave personal property on public property. Moving personal property to another location on public property or returning personal property to the same area on a daily or regular basis shall be considered storing and shall not be considered to be removing the personal property from public property. This definition does not include personal property left on public property pursuant to the express written permission of the City, or as otherwise authorized by law. C. CAMPING ON PUBLIC PROPERTY WITHOUT AUTHORIZATION PROHIBITED 1. No person may camp or maintain an encampment in or upon any public property unless: 5 a. The person has the authorization of the property owner to camp at that location; b. The public property is along a permitted parade route, and the person is camping in the 24 hours prior to and through the duration of such parade; or c. Camping is necessary after the Mayor declares a local emergency in accordance with chapter 22.03 of this code. 2. At all times, regardless of whether camping would otherwise be permitted under subsection 1 herein, it is unlawful for any person to camp or to maintain an encampment: a. Where such activity poses an immediate threat or an unreasonable risk of harm to any person; b. Where such activity poses an immediate threat or an unreasonable risk of harm to public health or safety; c. Where such activity poses a disruption to vital government services. d. Within 1000 feet from the property boundary of an overnight shelter, permanent supportive housing, designated warming or cooling center, hospital, urgent care facility, or walk in clinic for physical or mental health. e. Within 500 feet from the property boundary of any daycare, senior center, and primary or secondary schools. f. Within 10 feet of a driveway or a building’s entrance and exit. g. Within an RCO riparian corridor overlay as defined in Section 21A.13.34 of this code. 6 3. Camping in a vehicle is also subject to the parking regulations set forth in Chapter 12.56 of this code. D. REMOVAL OF UNLAWFUL ENCAMPMENT 1. Upon discovery of activities in violation of this section, removal of an encampment by City employees and its authorized agents may occur if: a. After reasonable notice, the individual refuses to remove their personal property from the public property; in areas where camping frequently occurs, reasonable notice may be provided by signage. b. Encampment appears to be abandoned personal property. c. There is probable cause for law enforcement officials to believe that illegal activities other than camping are occurring at the encampment. d. There is immediate danger to human life, health, or safety, including possible contamination of public or private property by unsanitary and/or hazardous waste or materials. e. Removal of the encampment does not conflict with any provision of an applicable state or federal law. 2. An encampment that has not been abandoned may not be removed during a code blue event pursuant to Utah Code, Section 35A-16-701, et seq., or its successor. E. REMOVAL, DISPOSITION, AND RELEASE OF PERSONAL PROPERTY 1. Personal Property that comes into the possession of a Salt Lake City employee in their capacity of a peace officer or a Salt Lake City law enforcement agency shall be gathered, retained, and released, in accordance with Utah Code Title 77, Chapters 11a through 11d, section 2.10, Article IV of this Code, and any applicable Salt Lake City Corporation ordinances, regulations, and policies. 7 2. Upon removal of an encampment by City employees and its authorized agents, all abandoned personal property, litter, trash, junk, other types of waste, and items in an unsanitary condition may be immediately discarded. F. ENFORCEMENT AND MITIGATION Upon conviction for a violation of this ordinance, in addition to any other factors deemed appropriate by the Court, the Court shall consider in mitigation whether or not the person immediately removed all personal property and litter, including, but not limited to, bottles, cans, and garbage from the encampment after being informed it was in violation of the law. G. APPLICATION TO CITY PROPERTY OUTSIDE CITY LIMITS This Chapter applies to public property owned by Salt Lake City Corporation that is located outside the City’s municipal limits. H. CONFLICT OF LAW If any provision of this section conflicts with a provision of an applicable state or federal law or regulation, such law or regulation shall supersede the conflicting provision of this chapter. 11.12.130: OBSTRUCTING THOROUGHFARES: A. DEFINITIONS. For purpose of this section the following terms, phrases, words, and their derivations shall have the meaning given herein: “Park strip” means the portion of the right-of-way between a curb, or a place where a curb would be located if improvements were installed, and where a sidewalk is located or would be installed. “Street” means the roadway portion of the right-of-way between the curbs, or places where a curb would be located if improvements were installed, and is used primarily for vehicular and bicycle travel. 8 “Sidewalk” means the paved portion of the right-of-way, outside of the curb, or a place where a curb would be located if improvements were installed, and the adjacent property lines, and is used primarily for pedestrian travel. B. It is unlawful for any person to obstruct any building entrance or exit, street, sidewalk, park strip, traffic island or median, driveway, trail, or other public place used as a thoroughfare for vehicular or pedestrian travel by sitting, lying, or sleeping, or by storing, using, maintaining, or placing personal property for a period longer than two (2) minutes, or in a manner that obstructs passage as provided by the Americans with Disabilities Act of 1990, PL 101-336, 42 USC section 12101 et seq, as amended from time to time. SECTION 2. That Section 15.08.020 of the Salt Lake City Code, relating to park hours, is hereby amended as follows: 15.08.020: PARK HOURS; DESIGNATED: A. All parks as defined in section 15.08.010 of this code, which includes Library Square and the Public Safety Building plaza, and public squares as defined in section 15.12.020 of this code, as well as the park strips adjacent to such parks and public squares shall be closed to the public between the hours of eleven o’clock (11:00) P.M. and five o’clock (5:00) A.M. the following morning, with the exception of: 1. Lee Charles Miller Bird Refuge and Nature Park, which shall be closed to the public between the hours of nine o'clock (9:00) P.M. and five o'clock (5:00) A.M. the following morning; 2. Donner Trail Park and East Bench Preserve, between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M. the following morning; 3. All parks of the City which are five (5) acres or less in size, whether or not specifically named or described in this title, which shall be closed to the public between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M. the following morning, except for 9 City Creek Park, which is closed between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. the following morning; and 4. The Memorial House in Memory Grove shall be closed to public use at twelve o'clock (12:00) midnight; outdoor activities on the leased south lawn shall be closed at eleven thirty o'clock (11:30) P.M.; and the Memorial House shall be locked and vacant no later than two o'clock (2:00) A.M. Between twelve o'clock (12:00) midnight and two o'clock (2:00) A.M., use of the Memorial House shall be limited to employees cleaning the premises after an activity. B. No person or persons shall be permitted in said parks, either on foot or on or in any type of vehicle while the park or public square is closed. SECTION 3. That Section 15.08.080 of the Salt Lake City Code, relating to camping on lands under the jurisdiction of the Department of Public Lands, is hereby amended as follows: 15.08.080: RESERVED. SECTION 4. That Sections 2.10.100, 2.10.110, and 2.10.120 of the Salt Lake City Code, relating to disposition of unclaimed property, are hereby amended as follows: 2.10.100: DEFINITIONS: LOST OR MISLAID PROPERTY: A. Any property that comes into the possession of a Salt Lake City employee in their capacity of a peace officer or a Salt Lake City law enforcement agency: 1. That is not claimed by anyone who is identified as the owner of the property; or 2. For which no owner or interest holder can be found after a reasonable and diligent search; B. Includes any property received by Salt Lake City employees in their capacity as a peace officer or law enforcement agency from a person claiming to have found the property; and 10 C. Does not include property seized by Salt Lake City employees in their capacity as a peace officer or law enforcement agency pursuant to title 24, forfeiture and disposition of property act, Utah state code. PROPERTY HELD AS EVIDENCE: Any property received in evidence by a court submitted by a city agency. PUBLIC INTEREST USE: Use by a governmental agency as approved by the city council as provided in section 2.10.150 of this chapter; or use by a bona fide charity registered with the state of Utah as approved by the city council. UNCLAIMED PROPERTY: Tangible and intangible property that comes into possession of a Salt Lake City employee in their capacity as a peace officer or a Salt Lake City law enforcement agency, through circumstances not involving criminal procedures in which the owner is either unknown or unavailable to take possession of said property. 2.10.110: DISPOSITION OF LOST OR MISLAID PROPERTY: Lost or mislaid property shall be disposed of in accordance with Utah code chapter 77-11d as amended, or its successor statute. 2.10.120: DISPOSITION OF FOUND UNCLAIMED PROPERTY TO FINDER: Unclaimed property shall be disposed of in accordance with Utah code chapter 77-11d as amended, or its successor statute. SECTION 5. That Section 14.20.100 of the Salt Lake City Code, relating to loitering on a sidewalk, is hereby amended as follows: 14.20.100: RESERVED: SECTION 6. That Section 12.76.090 of the Salt Lake City Code, relating to obstruction of sidewalks, is hereby amended as follows: 12.76.090: RESERVED: 11 SECTION 7. Effective Date. That this ordinance shall take effect immediately upon the date of its first publication. 12 Passed by the City Council of Salt Lake City, Utah this _____ day of ______________, 2026. ______________________________ CHAIRPERSON ATTEST: ________________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR _______________________________ CITY RECORDER (SEAL) Bill No. _________ of 2026. Published: ___________________. Salt Lake City Attorney’s Office Sara Montoya, Senior City Attorney