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Payson council adopts ordinance updating rules on camping and sleeping on public property, directs services-first approach

Town of Payson Common Council · February 12, 2025
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Summary

The Payson Common Council on Feb. 12 adopted Ordinance No. 968 clarifying how the town addresses camping, sleeping and storage on public property, aligning local procedures with a recent U.S. Supreme Court decision and formalizing steps for warnings, removal and disposal of abandoned property.

The Payson Common Council on Feb. 12 adopted Ordinance No. 968 to amend the town code that governs camping, sleeping and storage of personal property on public property, moving to clarify removal procedures and enforcement options for repeated violations.

Town legal counsel told the council the ordinance updates local procedures to align with the U.S. Supreme Court's recent ruling that overturned the Ninth Circuit's Martin v. Boise precedent and made clearer when municipalities may remove or cite people who occupy public property. The attorney said the town will continue a services-focused approach and is not turning to arrests as a first response.

The ordinance drew extended public comment from local service providers and residents. Skylar Bryce, director of operations for the Warming Center, described local services and urged a collaborative approach: "We offer food, resources, shower, clothing pantry, and then a hot dinner ... My favorite part of our program is called Safe Landing. If we get an individual who's stranded here ... one of our main goals is to identify what community they are a part of and get them there as quickly as possible." Emily Bryce, founder of a local resource program, said the community already provides daily services and urged council and staff to coordinate.

Paul Edwards, a frequent public critic, urged caution: "I understand it permits the town to adopt this type of ordinance, but does not require it," and warned the council to consider effects on people who are unsheltered. Town staff and police described current practice as services-first and said arrests under the prior prohibition were prevented by controlling case law; staff confirmed there were no arrests for camping since 2018 while the Ninth Circuit precedent was in effect.

Council members asked staff to continue emphasizing partnerships with local organizations that provide shelter and behavioral-health services, and to maintain clear, documented procedures before escalating enforcement. The council approved the ordinance by voice vote, 7–0.

What changed: The ordinance keeps prohibitions on camping in rights-of-way and other public spaces but adds clearer steps for warnings, temporary removal for repeated violations and property-disposition procedures, consistent with the town attorney's explanation of current law. Staff said the ordinance is meant to provide lawful tools while preserving a services-first approach.

What's next: Town staff will publish enforcement protocols and coordinate with community providers (Warming Center, Southwest Behavioral Health, NAMI) to expand diversion and transport options; council members emphasized continued oversight of how the new code is exercised.