Homelessness & Encampment Rules in Tempe, AZ: What Residents Actually Need to Know

Tempe maintains 149 local ordinances across all categories, and 2 of those deal specifically with homelessness & encampment rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Tempe falls on the strict-to-permissive spectrum compared to other cities.

Encampment Sanitation

Camping on any public property in Tempe, including parks, sidewalks, rights-of-way and mountain preserves, is unlawful under Section 23-91 unless the area is specifically authorized for camping or the camper holds a permit. The article expressly states it is not meant to criminalize homelessness itself, only the conduct of camping.

Key details: Governing article: Ch. 23, Art. IV §§ 23-90 to 23-92. Covers: Parks, sidewalks, rights-of-way, preserves. Exception: Disaster/relief camps by agencies. Penalty: Class 1 misdemeanor, §23-92. Adopted: 1997; amended Ord. O2018.04, Jan. 2018.

A conviction under Article IV is a Class 1 misdemeanor per Section 23-92, punishable under the Code's general penalty section, Section 1-7. Because the article targets the act of camping rather than a person's status, officers must document the specific conduct, such as bedding, a structure or stored belongings, that meets the Section 23-90 definition before citing someone.

This is one of the stricter rules in Tempe's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Sit-Lie Rules

Tempe bans sitting or lying on a public sidewalk or median in the downtown Central Commercial District between 7 a.m. and 10 p.m. on weekdays, and 7 a.m. to 2:30 a.m. on weekends, under Section 29-70. A first offense is a $100 civil fine; a second within twelve months becomes a Class 3 misdemeanor.

Key details: Governing sections: City Code §§ 29-70, 29-71. Restricted area: Downtown Central Commercial District sidewalks/medians. Weekday hours: 7:00 a.m. to 10:00 p.m.. Weekend hours: 7:00 a.m. to 2:30 a.m.. First offense: Civil fine up to $100.

Section 29-71 sets a graduated penalty: a first violation of Section 29-70 is a civil offense with a fine of not more than $100. A second or later violation within twelve months of a prior conviction or civil finding becomes a Class 3 misdemeanor, a criminal charge. No citation can issue on a first encounter; Section 29-70(d) requires a law enforcement officer to first warn the person that their conduct violates the section.

Compared to other cities, Tempe takes a harder line on sit-lie rules. The enforcement and penalty structure reflects that.

The Bottom Line

Tempe is tougher than many cities when it comes to homelessness & encampment rules. Out of the 2 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Tempe, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Tempe's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.