The Franklin Town Council will hold a public hearing for input on a proposed ordinance amendment regarding camping on public property. The hearing will be held as part of the regular council meeting beginning at 6 p.m. on Monday, May 1.
Town Attorney John Henning Jr. said the need for the ordinance came about because there are “folks basically living outdoors,” sometimes on private property, but sometimes on public property.
He said the town already has a mechanism in place to address private property and minimum dwelling requirements, but there isn’t anything in the ordinance concerning camping on public property. He based the amendment on what other municipalities have adopted.
Henning and Police Chief Devin Holland spoke about the issue at the April 3 council meeting.
“The majority of our camping and homeless issue is on private property, but often times it is on public property,” Holland said.
The chief noted it is something they see a lot of along the Little Tennessee River Greenway, which causes another set of problems. During flooding, the water pushes debris, needles and sanitary wipes downriver where they are then deposited once the waters recede, which makes it harder to cleanup and creates a safety hazard.
The chief said extending the ordinance to include the ETJ (extraterritorial jurisdiction) will be helpful. As an example, he said just in the past month they had a report of a homeless camp just feet outside the city limits.
Holland said businesses are having to deal with people shoplifting, loitering, hanging out in cars and overdosing in cars.
Council member David Culpepper asked what a property owner can do. The chief replied it’s often easier to deal with and enforce on private property, because it would be considered trespassing.
Holland also noted that some property owners give people permission to camp on their property. He said a local business owner had given some people permission to live in a tent behind their building, but then it “got out of hand” and the police had to respond.
“I would advise business/property owners, please put up ‘No Trespassing’ signs, fencing and more lighting,” Holland said.
There are no homeless shelters and limited places people can go. Council member Rita Salain asked. “Well what do you do?”
“Honestly, we just run them from one place to the next,” the chief replied. “Every now and then they’ll get the help they need.”
Holland said most of the people they encounter also have substance and/or mental health issues, and officers provide them with information about resources available. He said the department wants to help and “not just throw them in jail.”
Ordinance amendment
The proposed new section 130.7 states camping on public property is a public nuisance and makes it “unlawful for any person to sleep, camp, or otherwise engaging in any activity prohibited by this section on any public property . . .”
The amendment defines camping as “The use of public owned property for living accommodation purposes such as sleeping, making preparations to sleep, storing personal belongings, or placing any tent or a temporary shelter on the property for living accommodation purposes.” The creation of a campfire or bonfire is also included as part of the definition, unless there is a designated location or permit policy.
Temporary shelter is defined as “Any tent, tarp, structure or cover that provide shelter from the elements.”
The ordinance will apply to property owned or controlled by a federal, state or local government entity within the city limits and the ETJ. The town will have the right to remove any temporary shelter, bedding or personal belongings that are stored on the property.