Lincoln council adopts tougher camping rules, citing Supreme Court rulings; public and officers outline enforcement tools

Lincoln city leaders voted unanimously Jan. 14 to adopt Ordinance 1085b, an amendment to Lincoln Municipal Code chapter 9.4 that tightens local rules on camping on public and private property and expands enforcement tools available to city staff and police.

City Attorney Christine Mollenkopf told the council the changes follow recent U.S. Supreme Court guidance and update Lincoln’s ordinance to give staff clearer authority to address encampments. “The U.S. Supreme Court has ... said that local municipalities have the right to enforce anti‑camping ordinances within their jurisdictions,” Mollenkopf said, and the draft ordinance restores and refines enforcement language the city had previously adjusted after Martin v. Boise.

Mollenkopf and staff said the revision narrows the statutory definition of an encampment — reducing the threshold from four people to two people in proximity — and clarifies what city staff must treat as personal property during an eviction. The revised definition limits city storage obligations to irreplaceable personal items such as cash, family photographs, prescription medication and government‑issued identification, rather than general clothing or bedding that staff said is often unsanitary and readily replaceable.

The ordinance also names the city administrator as an official able to administer the chapter and restores language that allows municipal enforcement to be pursued as an infraction or misdemeanor in appropriate cases. “This opens up the panoply of opportunities and options, giving us a few more tools in our toolbox to gain compliance,” Mollenkopf said.

Officers from the Lincoln Police Department’s Specialized Resource Team described how regular field contact has reduced visible problems and helped officers build individual relationships with people living in the ravine system, while also noting the team still needs enforcement options for individuals who refuse to cooperate. Officer Bryce Rogers said the smaller encampment definition will make it easier to identify who is responsible for particular piles of property and to enforce the rules. “By having that encampment as two or more and separating it by 50 feet, it helps us determine whose property is what and who is out of compliance,” Rogers said.

Bailey McHugh, a city code enforcement officer, described coordination with Adopt‑a‑Creek volunteers, who have worked with some unhoused residents to bag and stage trash for pickup. Mollenkopf highlighted the city’s broader response outside of code enforcement and policing: a faith‑hosted temporary transitional housing program, a monthly homeless task force that includes probation and county health partners, and an Adopt‑a‑Creek volunteer program that removed 62,000 pounds of trash in 2024.

Public commenters urged the council to balance compassion with accountability. Resident David Chapman praised the city’s programs and urged council members to persist in enforcement and remediation efforts. Another resident urged the city to require businesses that create roadside debris to mitigate their impacts, a concern council members said staff would follow up on.

Council members commended staff and the task force for a coordinated approach and directed staff to continue working with enforcement partners and community nonprofits. After public comment the council member moved to waive first reading and adopt Ordinance 1085b by title only; the motion passed on a roll‑call vote of 5‑0 (Reedy, Pearl, Brown, Eklund and Mayor Andreatta voting yes).

What changed and what it means - Encampment definition changed from four or more persons to two or more persons in proximity (separation metric in ordinance text). - Personal property clarified to cover irreplaceable items (cash, family photos, prescription medication, government ID); replaceable items such as soiled bedding may be disposed of without extended storage. - City administrator added as an administrator for chapter 9.4. - Restores language to permit municipal prosecution (infraction or misdemeanor) for repeated or serious noncompliance; staff said prosecution would be used sparingly.

Staff emphasized there will still be homeless people in Lincoln and that the immediate goal is to reduce impacts to public spaces and private businesses while continuing outreach and housing options. Officer Travis Barson said the department sees progress: point‑in‑time counts have fallen from the high 40s to the low 20s in recent years, a trend he attributed to coordinated outreach, enforcement, and the transitional housing program.

The ordinance was adopted by the council on a 5‑0 vote. Mayor Andreatta and council members thanked police, code enforcement and community volunteers for their work and encouraged continued partnership with nonprofit providers and the newly formed Lincoln CA Cares nonprofit that the city is supporting to manage transitional housing operations.

Next steps Staff advised residents who want to learn more or volunteer to contact City Hall; the council and staff said they will continue to monitor encampments, work on long‑term housing solutions and return to the council with implementation updates as needed.