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Cherokee County, GA Homelessness & Encampment Rules: Encampment Sanitation (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governs
county parks, streets, sidewalks, medians
Arrest trigger
only after a warning is ignored
Exceptions
10 listed, e.g. medical emergencies, event lines
Max penalty
$1,000 fine, 60 days jail, or both
Scope
unincorporated Cherokee County only

Summary

Cherokee County's urban camping ordinance, Code § 38-85, bans camping or storing personal property in county parks and bans camping, sleeping, sitting, or lying down on public streets and sidewalks. Arrest requires an oral or written warning first, and the section lists ten specific exceptions such as medical emergencies and event lines.

These county ordinances apply to unincorporated areas of Cherokee County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)Definitions...(1)Camp shall mean residing in or using a public street, sidewalk, or park for private primary living accommodations, such as erecting tents or other temporary structures or objects providing shelter; sleeping in a single place for any prolonged period of time; regularly cooking or preparing meals; or other similar activities...(b)Public parks. It shall be unlawful to camp or to store personal property in any park, as defined above, owned by the county, unless specifically authorized.(c)Public streets. It shall be unlawful to camp, to sleep, to store personal property, to sit or to lie down on any public street, as defined above...(e)Warning. No person may be arrested for violating this section until he or she has received an oral or written warning to cease the unlawful conduct. If the violator fails to comply with the warning issued, he or she is subject to arrest.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 39 | Zoning: Supplement 35).

Full Breakdown

Section 38-85 defines "camp" as residing in or using a public street, sidewalk, or park for primary living accommodations, including erecting tents or temporary shelters, sleeping in one spot for a prolonged period, or regularly cooking meals. "Storing personal property" covers leaving effects such as bedrolls, cookware, or backpacks unattended for a substantial prolonged length of time, though it does not reach parked bicycles. Subsection (b) bars camping or storing property in any county-owned public park unless specifically authorized; subsection (c) bars camping, sleeping, storing property, sitting, or lying down on any public street, sidewalk, bench, parking lot, or median; and subsection (d) bars the same conduct on other public property where it interferes with building ingress or egress.

Enforcement is graduated: subsection (e) says no one may be arrested until they have first received an oral or written warning to stop, and only failure to comply after that warning exposes them to arrest. The section then carves out ten specific exceptions, including medical emergencies, wheelchair users on sidewalks, parade and sidewalk-cafe patrons, people at festivals or concerts, those using publicly supplied benches, bus-zone waiters, orderly ticket or building-entry lines, and children asleep in strollers or being carried.

Violations & Fines

Urban camping is enforced under the same Article IV penalty structure as panhandling and loitering (§ 38-86): a first violation draws a warning citation, and only a second draws a Magistrate Court citation. Conviction can carry a fine up to $1,000.00, up to 60 days in the county jail, or both, and each day of noncompliance counts as a separate offense.

Frequently Asked Questions

Can someone be arrested immediately for camping on a county sidewalk?
No. Section 38-85(e) requires an oral or written warning to cease the conduct first; only if the person fails to comply with that warning do they become subject to arrest under the urban camping ordinance.
Are there exceptions to Cherokee County's camping ban?
Yes, ten of them under § 38-85(f), including people sitting or lying down due to a medical emergency, wheelchair users on sidewalks, patrons of sidewalk cafes or parades, people at festivals or concerts, and children asleep in strollers or being carried.
Does the camping ban apply inside Canton or Woodstock?
No. Cherokee County's Code of Ordinances, including § 38-85, only reaches the unincorporated area of the county. Canton, Woodstock, Holly Springs, Ball Ground, and Waleska are separate municipalities that enforce their own codes.

Sources & Official References

Other rules in Cherokee County

All Cherokee County rules

Compare Cherokee County to another location·View the Georgia homelessness & encampment rules overview

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