The proposed bill aims to amend the Code of West Virginia by introducing a new section, 61-6-18A, which establishes a prohibition against public camping. It defines key terms such as "camp" and "shelter," and outlines that individuals who intentionally camp in public places without consent from the relevant authorities will be committing an offense. The bill specifies that intent can be demonstrated through various activities associated with maintaining a shelter in public areas. Violators will face misdemeanor charges, with penalties including fines ranging from $100 to $1,000 and up to 40 hours of community service. Importantly, first-time offenders will receive a warning citation and be offered a one-way bus ticket to select cities.
Additionally, the bill clarifies that existing local ordinances regarding public camping are not preempted by this new law, allowing for more stringent regulations if desired. Before issuing a citation, law enforcement officers are required to inform individuals of alternative camping options and connect them with local resources, unless there is an imminent threat to public health or safety. This approach aims to balance enforcement with support for individuals experiencing homelessness or other challenges related to public camping.
Statutes affected: Introduced Version: 61-6-18