Tempe, AZ Homelessness & Encampment Rules: Encampment Sanitation (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.
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?
Does the camping ban apply during a disaster?
What can happen to me if I'm cited under the urban camping ordinance?
Sources & Official References
Other rules in Tempe
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