Bristol, Va. could upgrade punishment for camping on public property and include city parks

BRISTOL, Va. (WJHL) — The Bristol, Virginia City Council has introduced a proposal to amend the current camping ban on public sidewalks in the city, upgrading the misdemeanor class and including public parks in the ban.

The council passed on first reading an ordinance to amend the current ban on camping on public rights-of-way. That ban was first adopted in 2022 when it made camping on city sidewalks, alleys and streets a Class 4 misdemeanor, punishable by a fine up to $250.

The new proposed amendment to the ban would upgrade the charge for camping on city-owned property from a Class 4 misdemeanor to a Class 1 misdemeanor. Punishment in the Commonwealth for a Class 1 misdemeanor is “confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.”

The amendment also adds to the list of what the camping ban includes. Rather than the initial ban on camping on any city-owned street, sidewalk, alley, or other public rights-of-way, the proposed amendment includes the word “property,” along with any street, sidewalk, alley, or other public rights-of-way.

Bristol, Virginia Mayor Becky Nave said a big part of that change was to include the city’s public parks in that ban.

“Last year (sic.), we put the ordinance in place that just stopped camping along like sidewalks and, you know, a place. And so this extends it a step further, and really stops it from our public areas, our public parks, to stop people from doing that.”

The amendment also strikes out an exception for those “sleeping in a motor vehicle,” which would effectively ban sleeping in a car on city-owned property.

Nave told News Channel 11 that many business owners have reportedly come to them asking for help with homeless people on the streets.

“The reason it passed is because we had our business owners coming to us from downtown, begging us to do something. We can’t afford to lose businesses in our downtown because of this. We’ve also had conversations with several pastors in that area, our school system, different ones that have said, you know, ‘we need to put something in place.'”

Documents for the ordinance define camping as “the use of any city-owned property, street, sidewalk, alley, or other public rights-of-way for living accommodation activities such as sleeping or lying down and making preparations to sleep (including the laying down of bedding, sleeping bag, or other sleeping matter, for the purpose of sleeping) or storing personal belongings or making any fire or using any tent or shelter or other structure.”

Councilman Neal Osborne said he and other members of the council have concerns with the amendment, one being the increased severity of punishment for those with nowhere else to sleep.

“We know we have several concerns,” he said. “You know, a lot of people who are homeless might have substance abuse issues, might have mental health issues; might just really be down on their luck. But, you know, whatever it is, they are at one of the lowest, if not the lowest points in their life. And, you know, I have concerns with us as a governing body, as a city, making things that much worse for them by making it punishable as a Class 1 misdemeanor, which is punishable by a $2,500 fine and up to a year in jail for going to sleep, you know.”

Osborne said he wants the city to be able to provide people with a solid “plan B” if they have to be kicked off of public property.

“Because whether it is sleeping on public property and facing this ordinance as a punishment or sneaking into somebody’s yard and private property and, you know, facing a trespassing charge, people [are] going to have to sleep somewhere. And if we’re not giving them a cohesive, realistic plan B to not be doing this, then it’s on us making the mistake to make this a crime.”

Mayor Nave said she and others sat down to compile lists of resources for those experiencing homelessness to make sure the resources are there for people, and she hoped the full council would sit down to review those available resources.

“I feel like the other council members maybe weren’t aware of all the resources we do have. The vice mayor and I did some homework this week. We have a ton of several pages we had printed off of resources that we do have, as well as a resource number they can call through our United Way.”

Nave said the intent of the amended ordinance isn’t to start arresting people, but to give those enforcing the ban another “tool” to use.

“You know, our police officers, I’ve said many times, they don’t have any tools in their pocket to move people along and to get them to stop camping in our city areas. So this will give them another tool, not to say they’re going to immediately go arrest a bunch of people. That’s not the intent of this, but it’s the intent to hopefully move them along, give them information on our resources if they want them. And we have found that many don’t want our resources. And so if they truly want help, we have help.”

To be adopted officially, the amended ordinance will still need approval on a second reading. The next Bristol, Virginia City Council meeting takes place on Aug. 27 at 6 p.m. in the council chambers at City Hall at 300 Lee Street.

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