The proposed bill seeks to amend the Code of West Virginia by introducing a new section, 61-6-18a, which specifically prohibits public camping in designated areas. It defines key terms such as "camp" and "shelter," and establishes that a person commits an offense if they intentionally camp in public places without consent from the relevant authorities. The bill outlines that a person's intent can be inferred from certain activities associated with camping, such as cooking or sleeping in public spaces. Violations of this law would be classified as misdemeanors, with penalties including fines ranging from $100 to $1,000 and community service requirements.
Additionally, the bill mandates that first-time offenders receive a warning citation and be offered a one-way bus ticket to select cities, while also allowing courts to impose community service in lieu of fines. It clarifies that this new section does not preempt existing local ordinances regarding public camping, provided they are compatible or more stringent than the state law. Furthermore, before issuing a citation, officers are required to inform individuals of alternative camping options and connect them with local services, unless there is an imminent threat to public health or safety.
Statutes affected: Introduced Version: 61-6-18a