Hampton council adopts substitute public‑camping ordinance with 6‑month review after heated debate

Hampton City Council approved a substitute ordinance April 8 intended to give police a narrowly drawn tool to address disruptive long‑term camping and unattended storage on public property while preserving avenues for outreach and services.

The measure, adopted after a lengthy public comment period and extended council debate, requires officers to first issue warnings and provide information about housing, behavioral‑health and social‑service resources. A citation may be issued only on a subsequent encounter at least 24 hours after the initial warning; the substitute also sets the first offense at a lower misdemeanor level with the possibility of higher charges for repeat encounters, and directs staff to return with a six‑month report on enforcement, services provided and related data.

Why it mattered: The ordinance was prompted by repeated complaints from businesses and homeowners about people occupying sidewalks and other public spaces, sometimes leaving trash or otherwise interfering with pedestrian access. Advocates and many speakers at the public hearing warned that criminalizing camping risks pushing unhoused residents into more dangerous places, increasing barriers to housing and employment. Supporters said the ordinance provides necessary clarity so officers can consistently address disruptive conduct while the city expands outreach and supportive‑housing investments.

Key elements of the substitute ordinance include requirements that officers: - Issue a warning and offer information about alternative accommodations and services on first contact; no citation is issued at that time. - Allow at least 24 hours to elapse before a second contact can result in a citation; the second contact must include a second warning and renewed offer of services. - Use discretion (the substitute uses the word “may”) when issuing a summons on the second contact; procedures are intended to preserve access to diversion programs such as the behavioral‑health docket for qualifying defendants.

Council discussion and votes: Councilmembers voiced a range of positions. Councilwoman Farabee and Councilman Bowman said they were not comfortable criminalizing conduct they expect will mostly affect people experiencing homelessness; they voted no. Councilwoman Campbell, Councilwoman Mugler and Mayor James A. Gray supported the ordinance paired with the outreach and funding commitments staff described and voted to adopt the substitute. A motion to approve the substitute — which included a direction that staff report back in six months with enforcement and services data — carried.

Public input: More than a dozen speakers addressed the council during the public comment period. Service providers and advocates urged investment in housing and cautioned against punitive approaches; business and neighborhood representatives described recurring problems on sidewalks, transit stops and near storefronts that they said require a legal mechanism for officers to intervene. Several speakers who had been sanctioned under event‑permit rules also raised due‑process concerns and asked staff to meet with them about the permitting process.

Staff assurances and implementation: City Manager Mary Bunting and the city attorney’s office said the substitute was written to comply with recent case law and that officers will receive a training bulletin on implementation. Bunting emphasized the ordinance is intended as a 'tool of last resort' and noted the manager’s recommended budget includes funding — about $4.5 million county‑level set aside in related budget materials — for supportive and transitional housing initiatives and boosted outreach capacity.

What happens next: The ordinance takes effect following adoption. Council also required staff to return in six months with a report on how the ordinance has been applied, what services were offered or accepted, and any recommended modifications. The report will be the first formal check on whether the substitute achieves its goals without producing unintended harms.