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Hempstead, NY Homelessness & Encampment Rules: Encampment Sanitation (2026)

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

Key Facts

Citation
Hempstead Code § 78-8
Default rule
Camping prohibited in Town parks
Exception
Designated areas with written permission
Max penalty
$250 fine or 15 days jail
Applies to
All Town-operated parks townwide

Summary

Town of Hempstead Code § 78-8 bars anyone from tenting, camping, or erecting a tent, shelter or camp in any Town park except in areas the Town Board or Director specifically designates for that purpose, and even there a camper needs written permission first. The rule applies townwide across all Town-operated parks and is enforced as a park violation carrying a fine of up to $250 or 15 days in jail.

A. A person shall not tent, camp, erect or maintain a tent, shelter or camp in any park except in areas which shall be designated by the Town Board or Director for such purpose. Camping in such designated areas shall require written permission from the Town Board or Director.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).

Full Breakdown

Section 78-8, part of Chapter 78's Article I general park regulations, is the Town's operative rule against camping and unauthorized overnight shelters on park property. It does not single out homelessness or unsheltered individuals by status; it applies to any person who tents, camps, erects or maintains a tent, shelter or camp anywhere in a Town park. The default rule is prohibition: camping is permitted only within areas the Town Board or Director has affirmatively designated for that purpose, and Subsection A requires written permission from the Town Board or Director even inside those designated areas, so an undesignated corner of a park cannot be used for camping under any circumstance.

The section sits alongside other park-use rules that reinforce the same no-overnight-encampment posture: § 78-15 lets the Director close a park entirely for emergency, health or safety reasons and bars use of the park outside posted opening hours, § 78-20 bars damaging or tampering with park structures and property, and § 78-21 requires refuse to go in provided receptacles rather than being left on park grounds. Read together, these sections give Town park personnel and the Department of Parks and Recreation the tools to require that any tent, shelter or encampment on park land be removed and to close the park to enforce it, but the chapter itself does not set out a separate notice-and-cleanup protocol beyond the general opening, closing and property-protection sections.

Violations & Fines

Camping without written permission in a non-designated park area is a violation under § 78-28(D), punishable by a fine of up to $250, imprisonment for up to 15 days, or both, for each offense, with each day the tent or shelter remains counted as a separate offense. Town personnel may also order the area cleared under the Director's park-closing authority in § 78-15.

Frequently Asked Questions

Can someone legally camp overnight in a Hempstead Town park?
Only inside an area the Town Board or Director has specifically designated for camping, and only after getting written permission from the Board or Director in advance. Setting up a tent or shelter anywhere else in a Town park is a violation under § 78-8, regardless of the reason for camping there.
Does this section create a specific homeless encampment removal process?
No. Section 78-8 is a general camping prohibition that applies to any person in any Town park; it does not set out a homelessness-specific notice or outreach procedure. Removal authority instead comes from the Director's general power under § 78-15 to close a park for health or safety reasons.
What penalty applies to unauthorized camping in a Town park?
A fine of up to $250, imprisonment for up to 15 days, or both, under § 78-28(D), the chapter's catch-all penalty, since § 78-8 does not carry its own separate penalty schedule. Each day the encampment remains can be charged as an additional offense.

Sources & Official References

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