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HomeMy WebLinkAboutLegislative Version Ordinance - 1/22/2026 LEGISLATIVE DRAFT SALT LAKE CITY ORDINANCE 1 No. ______ of 2026 2 (Camping on or Obstructing Public Property and Park Rules) 3 An ordinance amending various sections of the Salt Lake City Code relating to camping 4 on public grounds, streets, parks, and playgrounds, park hours, disposing of unclaimed property, 5 and obstructing sidewalks 6 WHEREAS, Salt Lake City Corporation (the “City”) considers one of its foremost 7 responsibilities to set standards for the preservation and protection of human life, health and 8 safety of all City residents; 9 WHEREAS, the City has seen an increase in the use of public spaces a living 10 accommodations, for example, for uses such as sleeping, storing personal property, preparing or 11 cooking meals, and toileting or personal hygiene, which uses exceed the intended purpose of 12 public spaces and compromise public health, safety, and welfare; 13 WHEREAS, the City currently prohibits camping, lodging, cooking, making a fire, 14 pitching a tent, fly, lean to, tarpaulin, or any other type of camping equipment in public spaces; 15 WHEREAS, it is necessary to amend the current prohibition on camping to more broadly 16 encompass all living accommodation activity that more accurately describes the conduct being 17 observed in public spaces throughout the City, as well as to extend this prohibition to apply to 18 the use of vehicles as living accommodations; 19 WHEREAS, it is also the purpose of the City to establish a process for the removal of 20 encampments and personal property found on public property to promote the health safety, and 21 welfare of City residents and users of public property. 22 LEGISLATIVE DRAFT WHEREAS the City additionally wishes to consolidate and clarify various ordinances in 23 City code that regulate the use and obstruction of public spaces and rights of way, to reduce 24 confusion among City staff and citizens and ensure proper enforcement; 25 WHEREAS, the City is committed to protecting the rights of individuals related to their 26 personal property and to treating individuals and their property with respect and consideration in 27 the enforcement of these ordinances; and 28 WHEREAS, for these purposes, and with the balance of these critical interests in mind, 29 the City finds it necessary to make certain amendments to the Salt Lake City Code as provided 30 herein. 31 Be it ordained by the City Council of Salt Lake City, Utah: 32 SECTION 1. That Chapter 11.12 of the Salt Lake City Code, relating to camping on 33 public grounds, streets, parks, and playgrounds, is hereby amended as follows: 34 Chapter 11.12 35 Offenses Against Public Order 36 11.12.080: CAMPING ON PUBLIC PROPERTY GROUNDS, STREETS, PARKS, AND 37 PLAYGROUNDS: 38 A. It is unlawful for any person to camp, lodge, cook, make a fire or pitch a tent, fly, lean to, 39 tarpaulin, or any other type of camping equipment on any "public grounds", as defined in 40 subsection B of this section, upon any portion of a "street", as defined in section 1.04.010 of this 41 code, or in any park or playground, unless allowed by section 15.08.080 of this code. It is 42 unlawful for any person using or benefiting from the use of any of the foregoing items of 43 camping equipment to fail to remove the same for more than five (5) minutes after being 44 requested to do so by any police office. PURPOSE. The City has a vital government interest in 45 LEGISLATIVE DRAFT promoting the health, safety, and general welfare of all inhabitants in the City by ensuring that 46 the streets, sidewalks, parks, and other public property are maintained in a clean, sanitary, and 47 accessible condition and kept safe and orderly for any persons using or passing upon such public 48 property. These interests are nonetheless intended to be balanced by the essential human dignity 49 and civil rights of all City inhabitants, and in enacting this ordinance, it is not the City’s intent to 50 criminalize homelessness or violate any person’s constitutional rights. Enforcement of this 51 ordinance shall be undertaken to avoid such results and enforcement efforts shall be focused on 52 mitigating adverse impacts to public health, safety, and welfare that may arise from camping. 53 B. For the purpose of this section, the term "public grounds" means any real property owned 54 in whole or in part by the United States Of America and its agencies, or the state of Utah or any 55 of its political subdivisions, including Salt Lake City Corporation, upon which no camping has 56 been authorized by the owner. DEFINITIONS. For purposes of this section the following terms, 57 phrases, words, and their derivations shall have the meaning given herein: 58 “Abandoned personal property” means personal property that has been discarded, or the 59 owner is not present or is unable to be identified. 60 “Camp” or “Camping” means: 61 1. Sleeping outdoors in or on public property closed to the public, or between the hours 62 of eleven o’clock (11:00) PM and five o’clock (5:00) AM; 63 2. Sleeping in a vehicle, including but not limited to, a recreational vehicle, travel 64 trailer, motor coach, or motor home in or on public property closed to the public, or 65 between the hours of eleven o’clock (11:00) PM and five o’clock (5:00) AM; 66 3. Leaving personal property unattended in or on public property closed to the public; 67 LEGISLATIVE DRAFT 4. Using a vehicle, including but not limited to, a recreational vehicle, travel trailer, 68 motor coach, or motor home in or on public property as a residence or dwelling, 69 whether temporary or permanent, for living accommodation purposes; or 70 5. Using or occupying public property as a residence or dwelling, whether temporary or 71 permanent, for living accommodation purposes. 72 Observations and/or evidence of any combination of at least two of the following are indica that 73 public property is being used for living accommodation purposes: sleeping, storing of personal 74 property, preparing or consuming meals using camp stoves or otherwise making fires in an 75 unauthorized area, establishing or occupying sleeping quarters or otherwise laying down of 76 bedding for sleeping purposes, erecting or occupying temporary structures, including but not 77 limited to tents, tarps, tarpaulins, huts, lean-tos awnings, or shacks, or engaging in personal 78 hygiene activities, toileting or bathing outside designated facilities. 79 “Encampment” means personal property, including but not limited to vehicles, including 80 recreational vehicles, travel trailers, motor coaches, tents tarpaulins, chairs cots, beds, bedding 81 materials, huts, awnings, lean-tos, shacks, items used to cook or prepare food, household 82 furniture items, items used to engage in personal hygiene activities, and other items or equipment 83 used to facilitate camping. 84 “Overnight shelter” means a public or private facility whether permanent, temporary, or 85 emergency in nature, with all necessary governmental occupancy approvals, open to an 86 individual or a family experiencing homelessness to house the individual or family at no charge. 87 “Park strip” means the portion of the right-of-way between a curb, or a place where a curb 88 would be located if improvements were installed, and where a sidewalk is located or would be 89 installed. 90 LEGISLATIVE DRAFT “Personal property” means any tangible item reasonably recognizable as belonging to a person. 91 Personal property does not include litter, trash, junk, discarded items, and other types of waste, 92 or property owned by the United States of America and its agencies, or the state of Utah or any 93 of its political subdivisions, including Salt Lake City Corporation or any department thereof. 94 “Public property” means any real property, building, or structure owned, used, or leased by the 95 United States of America and its agencies, or the state of Utah or any of its political subdivisions, 96 including Salt Lake City Corporation or any department thereof, regardless of whether such 97 public property is vacant or occupied and actively used for any public purpose. Public property 98 includes any street, highway, sidewalk, park strip, alley, traffic island or median, park, public 99 square, open space, trail, path, bench, equipment, and other similar property. 100 “Reasonable notice” means notice reasonably calculated under all the circumstances to apprise 101 a person that camping is prohibited at a particular location and, where personal property is 102 deposited, affording the person time to gather their personal property and depart. 103 “Store,” “Stored,” “Storing,” or “Storage” means to put aside or accumulate for use when 104 needed, to put for safekeeping, and/or place or leave personal property on public property. 105 Moving personal property to another location on public property or returning personal property 106 to the same area on a daily or regular basis shall be considered storing and shall not be 107 considered to be removing the personal property from public property. This definition does not 108 include personal property left on public property pursuant to the express written permission of 109 the City, or as otherwise authorized by law. 110 C. CAMPING ON PUBLIC PROPERTY WITHOUT AUTHORIZATION PROHIBITED 111 1. No person may camp or maintain an encampment in or upon any public property 112 unless: 113 LEGISLATIVE DRAFT a. The person has the authorization of the property owner to camp at that 114 location; 115 b. The public property is along a permitted parade route, and the person is 116 camping in the 24 hours prior to and through the duration of such parade; 117 or 118 c. Camping is necessary after the Mayor declares a local emergency in 119 accordance with chapter 22.03 of this code. 120 2. At all times, regardless of whether camping would otherwise be permitted under 121 subsection 1 herein, it is unlawful for any person to camp or to maintain an 122 encampment: 123 a. Where such activity poses an immediate threat or an unreasonable risk of 124 harm to any person; 125 b. Where such activity poses an immediate threat or an unreasonable risk of 126 harm to public health or safety; 127 c. Where such activity poses a disruption to vital government services. 128 d. Within 1000 feet from the property boundary of an overnight shelter, 129 permanent supportive housing, designated warming or cooling center, 130 hospital, urgent care facility, or walk in clinic for physical or mental 131 health. 132 e. Within 500 feet from the property boundary of any daycare, senior center, 133 and primary or secondary schools. 134 f. Within 10 feet of a driveway or a building’s entrance and exit. 135 LEGISLATIVE DRAFT g. Within an RCO riparian corridor overlay as defined in Section 21A.13.34 136 of this code. 137 3. Camping in a vehicle is also subject to the parking regulations set forth in Chapter 138 12.56 of this code. 139 D. REMOVAL OF UNLAWFUL ENCAMPMENT 140 1. Upon discovery of activities in violation of this section, removal of an 141 encampment or other personal property by City employees and its authorized 142 agents may occur if: 143 a. After reasonable notice, the individual refuses to remove their personal 144 property from the public property; in areas where camping frequently 145 occurs, reasonable notice may be provided by signage. 146 b. Encampment appears to be abandoned personal property. 147 c. There is probable cause for law enforcement officials to believe that 148 illegal activities other than camping are occurring at the encampment. 149 d. There is immediate danger to human life, health, or safety, including 150 possible contamination of public or private property by unsanitary and/or 151 hazardous waste or materials. 152 e. Removal of the encampment does not conflict with any provision of an 153 applicable state or federal law . 154 2. An encampment that has not been abandoned may not be removed during a code 155 blue event pursuant to Utah Code, Section 35A-16-701, et seq., or its successor. 156 E. REMOVAL, DISPOSITION, AND RELEASE OF PERSONAL PROPERTY 157 LEGISLATIVE DRAFT 1. Personal Property that comes into the possession of a Salt Lake City employee in 158 their capacity of a peace officer or a Salt Lake City law enforcement agency shall be gathered, 159 retained, and released, in accordance with Utah Code Title 77, Chapters 11a through 11d, section 160 2.10, Article IV of this Code, and any applicable Salt Lake City Corporation ordinances, 161 regulations, and policies. 162 2. Upon removal of an encampment by City employees and its authorized agents, all 163 abandoned personal property, litter, trash, junk, other types of waste, and items in an unsanitary 164 condition may be immediately discarded. 165 F. ENFORCEMENT AND MITIGATION 166 Upon conviction for a violation of this ordinance, in addition to any other factors deemed 167 appropriate by the Court, the Court shall consider in mitigation whether or not the person 168 immediately removed all personal property and litter, including, but not limited to, bottles, cans, 169 and garbage from the encampment after being informed it was in violation of the law. 170 G. APPLICATION TO CITY PROPERTY OUTSIDE CITY LIMITS 171 This Chapter applies to public property owned by Salt Lake City Corporation that is located 172 outside the City’s municipal limits. 173 H. CONFLICT OF LAW 174 If any provision of this section conflicts with a provision of an applicable state or federal law or 175 regulation, such law or regulation shall supersede the conflicting provision of this chapter. 176 11.12.090: OBSTRUCTING THOROUGHFARES: 177 A. DEFINITIONS. For purpose of this section the following terms, phrases, words, and their 178 derivations shall have the meaning given herein: 179 LEGISLATIVE DRAFT “Park strip” means the portion of the right-of-way between a curb, or a place where a curb 180 would be located if improvements were installed, and where a sidewalk is located or would be 181 installed. 182 “Street” means the roadway portion of the right-of-way between the curbs, or places where a 183 curb would be located if improvements were installed, and is used primarily for vehicular and 184 bicycle travel. 185 “Sidewalk” means the paved portion of the right-of-way, outside of the curb, or a place where a 186 curb would be located if improvements were installed, and the adjacent property lines, and is 187 used primarily for pedestrian travel. 188 B. It is unlawful for any person to obstruct any building entrance or exit, street, sidewalk, 189 park strip, traffic island or median, driveway, trail, or other public place used as a thoroughfare 190 for vehicular or pedestrian travel by sitting, lying, or sleeping, or by storing, using, maintaining, 191 or placing personal property for a period longer than two (2) minutes, or in a manner that 192 obstructs passage as provided by the Americans with Disabilities Act of 1990, PL 101-336, 42 193 USC section 12101 et seq, as amended from time to time. 194 SECTION 2. That Section15.08.020 of the Salt Lake City Code, relating to park hours, 195 is hereby amended as follows: 196 15.08.020: PARK HOURS; DESIGNATED: 197 A. All parks, shall be closed to the public between the hours of eleven o’clock (11:00) P.M. 198 and five o’clock (5:00) A.M. the following morning as defined in section 15.08.010 of this code, 199 which includes Library Square and the Public Safety Building plaza, and public squares as 200 defined in section 15.12.020 of this code, as well as the park strips adjacent to such parks and 201 LEGISLATIVE DRAFT public squares shall be closed to the public between the hours of eleven o’clock (11:00) P.M. and 202 five o’clock (5:00) A.M. the following morning, with the exception of: 203 1. Lee Charles Miller Bird Refuge and Nature Park, which shall be closed to the 204 public between the hours of nine o'clock (9:00) P.M. and five o'clock (5:00) A.M. the following 205 morning; 206 2. Pioneer Park, which shall be closed to the public: a) from May 1 through 207 September 30, between the hours of eleven o’clock (11:00) P.M. and five o’clock (5:00) A.M. 208 the following morning; and b) from October 1 through April 30, between one-half (1/2) hour 209 after sunset to seven o’clock (7:00) A.M. the following morning, except that in connection with 210 events or activities at Pioneer Park for which a permit has been issued under title 3, chapter 3.50 211 of this Code, the Director of Public Services, or his or her designee, shall, at the request of the 212 sponsor of such event or activity, allow Pioneer Park to remain open until eleven o’clock (11:00) 213 P.M. for not to exceed three (3) consecutive days during which the event or activity is occurring 214 Donner Trail Park and East Bench Preserve, between the hours of ten o'clock (10:00) P.M. and 215 five o'clock (5:00) A.M. the following morning; and 216 3. Donner Trail Park and East Bench Preserve, each of which shall be closed to the 217 public between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M. the following 218 morning; and All parks of the City which are five (5) acres or less in size, whether or not 219 specifically named or described in this title, which shall be closed to the public between the 220 hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M. the following morning, except for 221 City Creek Park, which is closed between the hours of eleven o'clock (11:00) P.M. and five 222 o'clock (5:00) A.M. the following morning. 223 LEGISLATIVE DRAFT 4. With the exception of City Creek Park, which shall be closed to the public 224 between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. the following 225 morning, all parks of the City five (5) acres or less in size, whether or not specifically named or 226 described in this title, which shall be closed to the public between the hours of ten o'clock 227 (10:00) P.M. and five o'clock (5:00) A.M. the following morning The Memorial House in 228 Memory Grove shall be closed to public use at twelve o'clock (12:00) midnight; outdoor 229 activities on the leased south lawn shall be closed at eleven thirty o'clock (11:30) P.M.; and the 230 Memorial House shall be locked and vacant no later than two o'clock (2:00) A.M. Between 231 twelve o'clock (12:00) midnight and two o'clock (2:00) A.M., use of the Memorial House shall 232 be limited to employees cleaning the premises after an activity. 233 B. The Memorial House in Memory Grove shall be closed to public use at twelve o'clock 234 (12:00) midnight; outdoor activities on the leased south lawn shall be closed at eleven thirty 235 o'clock (11:30) P.M.; and the Memorial House shall be locked and vacant no later than two 236 o'clock (2:00) A.M. Between twelve o'clock (12:00) midnight and two o'clock (2:00) A.M., use 237 of the Memorial House shall be limited to employees cleaning the premises after an activity. No 238 person or persons shall be permitted in said parks, either on foot or on or in any type of vehicle 239 while the park or public square is closed. 240 C. No person or persons shall be permitted in said parks, either on foot or on or in any type 241 of vehicle, during such hours unless for the express purpose of traveling directly through the park 242 on a public street that passes through the park. 243 SECTION 3. That Section 15.08.080 of the Salt Lake City Code, relating to camping on 244 lands under the jurisdiction of the Department of Public Lands, is hereby amended as follows: 245 LEGISLATIVE DRAFT 15.08.080: RESERVED. CAMPING 246 A. No person shall camp, lodge, make a fire or pitch a tent, fly, lean to, tarpaulin, or any 247 other type of camping equipment in any park except: 248 1. In cases of local emergency as declared by the Mayor of the City. 249 2. By permit issued to youth groups the majority of whose members’ ages are at 250 least eight (8) years of age, but no more than seventeen (17) years of age, under the following 251 conditions: 252 a. The youth are accompanied by adult leaders in the ratio of two (2) adults for 253 every ten (10) youth at all times while the youth are camping. 254 b. The youth group provides adequate police and fire security to ensure the safety 255 of the campers and garbage removal and cleanup. The sponsor shall submit a plan along with an 256 application for a special events permit to the City that shall be reviewed and approved by the 257 Public Services Department Director, the Fire and Police Chiefs, or their designees, who will 258 forward a recommendation to the Mayor as to whether or not the request for camping should be 259 granted. Application for the special events permit shall be made directly to the Special Events 260 Coordinator who shall forward all accompanying information to the appropriate departments. 261 c. The youth group files a bond in the amount of ten thousand dollars 262 ($10,000.00) to compensate the City for any damage to the park caused by the youth group 263 during its camping activities. 264 d. The youth group files a certificate of insurance in the aggregate amount of one 265 million dollars ($1,000,000.00), which names the City as an additional insured. 266 e. No camping is allowed in any one park for more than forty eight (48) 267 continuous hours in any thirty (30) day period. 268 LEGISLATIVE DRAFT f. The youth group shall comply with all applicable ordinances and park 269 regulations. 270 g. No more than sixty (60) people shall be allowed to camp at one time. 271 B. The Public Services Department Director shall issue rules and regulations for the use of 272 parks and parking lot areas for camping and parking of vehicles. Said rules shall specify in which 273 parks camping will be allowed by permit only, wherein the location camping may be allowed 274 and restrict activities of campers with regard to noise, fires, attaching structures to the ground, 275 and specifying qualifications for security personnel. 276 SECTION 4. That Sections 2.10.100, 2.10.110, and 2.10.120 of the Salt Lake City Code, 277 relating to disposition of unclaimed property, are hereby amended as follows: 278 2.10.100: DEFINITIONS: 279 LOST OR MISLAID PROPERTY: 280 A. Any property that comes into the possession of a Salt Lake City employee in their capacity of 281 as a peace officer or a Salt Lake City law enforcement agency: 282 1. That is not claimed by anyone who is identified as the owner of the property; or 283 2. For which no owner or interest holder can be found after a reasonable and diligent 284 search; 285 B. Includes any property received by Salt Lake City employees in their capacity as a peace 286 officer or law enforcement agency from a person claiming to have found the property; and 287 C. Does not include property seized by Salt Lake City employees in their capacity as a peace 288 officer or law enforcement agency pursuant to title 24, forfeiture and disposition of property act, 289 Utah state code. 290 LEGISLATIVE DRAFT PROPERTY HELD AS EVIDENCE: Any property received in evidence by a court submitted by 291 a city agency. 292 PUBLIC INTEREST USE: Use by a governmental agency as approved by the city council as 293 provided in section 2.10.150 of this chapter; or use by a bona fide charity registered with the 294 state of Utah as approved by the city council. 295 UNCLAIMED PROPERTY: Tangible and intangible property that comes into possession of a 296 Salt Lake City employees employee in their capacity as a peace officer or a Salt Lake City law 297 enforcement agency, through circumstances not involving criminal procedures in which the 298 owner is either unknown or unavailable to take possession of said property. 299 2.10.110: DISPOSITION OF LOST OR MISLAID PROPERTY: 300 Lost or mislaid property shall be disposed of in accordance with Utah code chapter 77-24a 77-301 11d as amended, or its successor statute. 302 2.10.120: DISPOSITION OF FOUND UNCLAIMED PROPERTY TO FINDER: 303 Unclaimed property, which has been surrendered to the city by one who found the property and 304 for which no owner has been identified, shall be released to the finder on the following 305 conditions: 306 A. There has expired not less than thirty (30) calendar days from date of surrender to the city; 307 B. The finder signs a statement containing: 308 1. An explanation as to how the property came into the finder's possession, including the 309 time, date and place, 310 2. A statement that the finder does not know who owns the property, 311 3. A statement that, to the finder's knowledge, the property was not stolen, 312 4. A statement that the finder's possession of the property is lawful, 313 LEGISLATIVE DRAFT 5. Such other information known to the finder that may lead to an identification of the 314 owner, and 315 6. Other information the department receiving the property may request that will reasonably 316 lead to discovering the true owner; 317 C. The true owner has not been determined from information provided by the finder or known 318 to the city from other sources, after reasonable efforts by the city; 319 D. The intent to dispose of property has been advertised by the procedure set forth in 320 section 2.10.130 of this chapter, the finder has paid a proportional share of the costs of 321 advertising and storage, and eight (8) days have elapsed from the date of publication and posting 322 of the notice. 323 No city employee may claim or receive unclaimed property as a finder. 324 Unclaimed property shall be disposed of in accordance with Utah code chapter 77-11d as 325 amended, or its successor statute. 326 SECTION 5. That Section 14.20.100 of the Salt Lake City Code, relating to loitering on 327 a sidewalk, is hereby amended as follows: 328 14.20.100: RESERVED. LOITERING ON SIDEWALK 329 It is unlawful for any person to remain standing, lying or sitting on any sidewalk for a longer 330 period than two (2) minutes, in such manner as to obstruct the free passage of pedestrians 331 thereon, or wilfully to remain standing, lying or sitting thereon in said manner for more than one 332 minute after being requested to move by any police officer, or wilfully to remain on any 333 sidewalk in such manner as to obstruct the free passage of any person or vehicle into or out of 334 any property abutting upon said sidewalk or any property having access to such sidewalk. 335 LEGISLATIVE DRAFT SECTION 6. That Section 12.76.090 of the Salt Lake City Code, relating to obstruction 336 of sidewalks, is hereby amended as follows: 337 12.76.090: RESERVED. PEDESTRIANS OBSTRUCTING SIDEWALKS PROHIBITED 338 Pedestrians shall not obstruct or prevent the free use of sidewalks or crosswalks by other 339 pedestrians. 340 SECTION 7. Effective Date. That this ordinance shall take effect immediately upon the 341 date of its first publication. 342 Passed by the City Council of Salt Lake City, Utah this _____ day of ______________, 343 2026. 344 ______________________________ 345 CHAIRPERSON 346 ATTEST: 347 348 ________________________________ 349 CITY RECORDER 350 351 Transmitted to Mayor on 352 _______________________. 353 354 Mayor's Action: _______Approved. _______Vetoed. 355 356 ______________________________ 357 MAYOR 358 Salt Lake City Attorney’s Office Sara Montoya, Senior City Attorney LEGISLATIVE DRAFT 359 _______________________________ 360 CITY RECORDER 361 362 363 (SEAL) 364 365 366 367 Bill No. _________ of 2026. 368 Published: ___________________. 369