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Hagerstown ordinance to ban outdoor lodging fails to advance after 2–2 split
Summary
Council introduced an ordinance that would prohibit sleeping outdoors in public places, including in vehicles, but the measure did not progress after a 2–2 vote and requires three affirmative votes to advance as an ordinance.
The Hagerstown Mayor and City Council considered an ordinance on May 27 to prohibit lodging outdoors in the city, including sleeping in vehicles on public property, but the measure did not advance after council members split their votes 2–2.
The proposed ordinance would have added chapter 170-332 to the city code making it unlawful to “sleep and or lodge out of doors in any public place within the city limits of Hagerstown, Maryland.” The proposal included a six-month sunset provision that would end the ordinance unless the mayor and council renewed it.
A council member noted the city already has enforcement tools available to the Hagerstown Police Department and described the proposed ordinance as “redundant” of existing enforcement options. Votes recorded in the meeting identified Councilman O’Shire voting yes and Councilwoman Bell voting no; two other votes split the body evenly. The council observed that the mayor does not cast a deciding vote on ordinances when the council vote ties, so the measure could not move forward without an additional affirmative vote.
Because the ordinance was only introduced and did not receive the required majority to proceed, no ordinance was adopted and no enforcement change took effect. The transcript indicates the council discussed the scope of the ordinance (including vehicles) and the sunset provision but did not adopt the measure.
