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Cherokee County, GA Homelessness & Encampment Rules: Sit-Lie Rules (2026)

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

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.

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.

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

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?
Yes. Sec. 38-85(c) makes it unlawful to sit, lie down, sleep, camp, or store personal property on any public street, which the ordinance defines to include streets, highways, sidewalks, benches, parking lots and medians in the unincorporated county.
Can someone be arrested immediately for violating Cherokee County's camping ban?
No. Sec. 38-85(e) requires an oral or written warning to stop the conduct first; only if the person fails to comply with that warning do they become subject to arrest.
Are there exceptions to Cherokee County's sit-lie ordinance?
Yes. Sec. 38-85(f) lists ten exceptions, including medical emergencies, wheelchair users on sidewalks, people attending parades or festivals, sidewalk cafe patrons, people in an orderly line for tickets or services, and children asleep in a stroller.

Sources & Official References

Other rules in Cherokee County

All Cherokee County rules

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