Cherokee County, GA Homelessness & Encampment Rules: Sit-Lie Rules (2026)
Key Facts
- Prohibited on streets
- Camp, sleep, sit, or lie down
- Prohibited in parks
- Camping/storing property w/o authorization
- Warning required first
- Yes, before any arrest
- Medical/wheelchair exception
- Yes, Sec. 38-85(f)(1)-(2)
- Max penalty (after warning)
- $1,000 fine / 60 days jail
Summary
Cherokee County's urban camping ordinance bans camping, sleeping, storing personal belongings, or sitting or lying down on any public street or in a county park, but exempts medical emergencies, wheelchair users, parade-goers and people waiting in line. A warning must come before any arrest.
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. ... 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.
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
Sec. 38-85(c) makes it unlawful to camp, sleep, store personal property, or sit or lie down on any public street, defined by subsection (a)(4) to include public streets and highways, sidewalks, benches, parking lots, and medians. Subsection (b) separately bars camping or storing property in a county-owned park, playground, plaza, attraction, or monument unless specifically authorized, and subsection (d) bars the same conduct anywhere on public property if it interferes with entering or exiting a building. "Camp" is defined in subsection (a)(1) to mean using a public street, sidewalk, or park for private living accommodations, such as erecting a tent, sleeping in one place for a prolonged period, or regularly cooking meals there.
Subsection (f) lists ten exceptions, covering people sitting or lying down due to a medical emergency, wheelchair users on sidewalks, parade and festival attendees, sidewalk cafe patrons, people in an orderly line for tickets, shelter entry, or social services, and children asleep in a stroller or being carried. Subsection (e) requires an oral or written warning before anyone can be arrested for violating the section; only a continued refusal to comply after that warning exposes a person to arrest. This is separate from, though it overlaps with, the general sit/lie/sleep restriction on sidewalks and crosswalks in Sec. 38-81(c).
Violations & Fines
Under Sec. 38-86, no arrest can occur for a first violation until a warning to stop has been given under Sec. 38-85(e); continued noncompliance after the warning, or a second separate violation, results in a citation to Cherokee County Magistrate Court, where conviction can carry a fine up to $1,000.00, up to 60 days imprisonment, or both, with each day of continued violation a separate offense.
Frequently Asked Questions
Is it illegal to sit or lie on a public street in Cherokee County?
Can someone be arrested immediately for violating Cherokee County's camping ban?
Are there exceptions to Cherokee County's sit-lie ordinance?
Sources & Official References
Other rules in Cherokee County
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