MANSFIELD — Mansfield City Council is set to consider a proposed law that would prohibit camping in public and unenclosed spaces throughout the city’s Central Business District.
Violations of the law would be a misdemeanor criminal offense.
No vote on the ordinance is scheduled Tuesday. According to the legislation, it will be discussed during caucus and then have two readings on Nov. 4 and Nov. 17. A vote is also scheduled Nov. 17.
The proposed measure, which would add Section 521.17 to the Mansfield Codified Ordinances, aims to regulate living accommodations in outdoor spaces while establishing specific guidelines for law enforcement officers before citations are issued or arrests are made.
According to the legislation, the ordinance intends to protect public health and safety; reduce fire hazards; and preserve access to streets, sidewalks, plazas, and public buildings in the downtown core.
The proposed ordinance states that the law regulates conduct and does not criminalize a person’s status, including homelessness.
Proposal defines camping and restricted areas
Under the proposed ordinance, “camping” is defined as knowingly using an outdoor area as a temporary or permanent place of habitation, as demonstrated by specific observable behaviors.
These include:
- Setting up tents, huts, tarps, or other temporary shelters.
- Arranging bedding, mattresses, sleeping bags, or furniture for lodging.
- Storing personal belongings or cooking equipment in a manner showing intent to establish living quarters.
- Lighting fires, stoves, or grills for habitation purposes.
The restrictions apply to all outdoor areas within the Central Business District, including city-owned property, streets, sidewalks, parks, public building grounds and private property used without the owner’s consent.
In general, Mansfield’s Central Business District encompasses the traditional downtown core centered around Central Park, extending along primary corridors like Park Avenue (east and west) and Main Street (north and south).
The ordinance clarifies the mere status of being outdoors, resting, sitting, lying down, or using a blanket solely for warmth does not constitute camping without additional observable conduct.
Proposal spells out enforcement, exceptions and penalties
Before Mansfield police officers issue a citation or make an arrest, the legislation requires them to give advance notice.
Enforcing officers must identify themselves, explain the violation, request the person remove the campsite and provide a reasonable opportunity to comply. Advance notice is not required in situations involving imminent safety threats, fire risks or emergency operations, according to the proposal.
Officers are encouraged to provide information on available shelters, medical care and social services when practicable, though the availability or acceptance of shelter is not a prerequisite for enforcement.
The proposed ordinance outlines several exceptions, including:
- Camping authorized by a city-issued permit or written agreement.
- Temporary sheltering required due to severe weather, natural disasters or other emergencies.
- Individuals waiting for emergency medical care, police assistance or transport to a treatment or shelter facility.
- Permitted special events, festivals, or constitutionally protected speech and assembly.
Violations of the ordinance would be classified on a progressive penalty scale:
- First offense: Minor misdemeanor.
- Second offense within 12 months: Misdemeanor of the fourth degree.
- Third or subsequent offense within 12 months: Misdemeanor of the third degree.
Mansfield Municipal Court judges retain full discretion to utilize community service, behavioral health treatment or housing services as sentencing alternatives instead of incarceration, according to the ordinance.
Also on Tuesday, council is scheduled to review amendments regarding traffic codes for bicycles, electric bicycles and electric personal assistive mobility devices, including helmet requirements for minors and restrictions on sidewalk riding.
Other measures on the table include authorizing participation in a multi-district class-action settlement over drinking water PFAS contamination; updating regulations for the city’s Sewer Assistance Program; and purchasing a new Ford F-550 plow truck for the Streets and Sewer Repair Department.
A streets committee meeting is scheduled for 6:30 p.m. and an economic development committee is scheduled for 6:45 p.m. Caucus is scheduled to begin at 7 p.m. with the legislative session following immediately thereafter.
(Below is a PDF showing legislation scheduled for City Council on Tuesday evening.)
