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Tempe, AZ Homelessness & Encampment Rules: Encampment Sanitation (2026)

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

Key Facts

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

Summary

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.

(a)Purpose. The intent of this article is to protect the health, safety and welfare of the residents, business owners and the public at large within the Tempe City limits, and to assure all public property is readily accessible, clean and sanitary. It is not intended to interfere with otherwise lawful and ordinary uses of public property.(b)No person shall camp on any public property, unless it is an area specifically authorized for camping or the person possesses a permit allowing camping in the area.(c)This section does not apply to temporary structures or camps set up by a government agency or relief workers during a disaster or emergency situation.(d)Nothing in this article shall be construed to criminalize homelessness, target the homeless community, or otherwise criminalize an individual's status rather than conduct.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).

Full Breakdown

Article IV of Chapter 23, "Urban Camping," defines camping broadly in Section 23-90 to include using public property as a temporary or permanent dwelling, lodging or living accommodation, with indicators such as burning a fire, cooking, storing belongings, laying out bedding, or erecting a tent or temporary structure for shelter or sleeping; the definition applies "no matter how temporary" the setup appears. "Public property" is defined equally broadly to cover schools, parks, playgrounds, streets, sidewalks, rights-of-way, highways, alleys, bike paths, transit stops, mountain parks, preserves and any City land or facility open for public use.

Section 23-91(b) makes camping on any of that property unlawful unless the location is specifically authorized for camping or the camper has obtained a permit. The article carves out an exception in Section 23-91(c) for temporary structures or camps a government agency or relief organization sets up during a declared disaster or emergency. Section 23-91(d) states directly that the article does not criminalize homelessness or target the homeless community, tying enforcement to the act of camping rather than to a person's housing status. First adopted in 1997 and amended in 2018 by Ordinance No.

04, the article remains the operative citation basis for police and Community Services staff addressing camps on public land, including along the Rio Salado corridor and in the City's preserves.

Violations & Fines

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.

Frequently Asked Questions

Is sleeping outside illegal everywhere in Tempe?
No. Section 23-91 only bans camping on public property, meaning City-owned or City-controlled land like parks, sidewalks and preserves, and only when the conduct meets the Section 23-90 definition of camping, such as bedding, a structure or stored belongings. Section 23-91(d) also says the article does not criminalize homelessness itself.
Does the camping ban apply during a disaster?
No. Section 23-91(c) exempts temporary structures or camps set up by a government agency or relief workers during a disaster or emergency situation, so emergency shelters and relief camps are not violations under this article.
What can happen to me if I'm cited under the urban camping ordinance?
A conviction is a Class 1 misdemeanor under Section 23-92, prosecuted like any other misdemeanor under the Code's general penalty section, Section 1-7. Officers are expected to base the citation on the specific camping conduct defined in Section 23-90, not merely on a person's presence in a public place.

Sources & Official References

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