Ord 42-2025 Removing Chapter 94, Section 7 – Camping 08/19/2025 Ordinance No. 42-2025
Ordinance removing Chapter 94, Section 7 — Camping and replacing
such section with Chapter 94, Section 7 — Prohibited Acts in Public
Areas as provided herein, setting an effective date, and providing
codification.
WHEREAS, the City Council finds it necessary to establish clear regulations for
the use of public areas in order to preserve public health, safety, and the general welfare
of its residents and visitors; and,
WHEREAS, the City has a compelling interest in maintaining the accessibility,
cleanliness, and safe use of its public rights-of-way, sidewalks, and parks for pedestrians,
individuals with disabilities, and the general public; and,
WHEREAS, the City Council recognizes the importance of balancing the needs of
unhoused individuals with the right of the public to safely and fully use public spaces; and,
WHEREAS, the presence of unauthorized camping, sleeping, and the storage of
personal belongings in public areas can result in public health concerns, obstruct
pedestrian pathways, and create hazardous conditions for both the unhoused and the
general public: AND,
WHEREAS, these provisions include carefully considered exceptions and
affirmative defenses to ensure that the ordinance is applied fairly, equitably, and in
compliance with constitutional and statutory protections, including the Americans with
Disabilities Act;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Chapter 94, Section 7 - Camping is deleted in its entirety, replaced with the
following, and shall read as follows:
Chapter 94, Section 7. Prohibited Acts in Public Areas
Section 94-7.1. Camping in Public Area Prohibited
(A) Definitions.
(1) Public Area. An outdoor area accessible to the public, including a street,
highway, park, parking lot, alleyway, pedestrian way, and the common areas of a
school, hospital, apartment building, office building, transport facility, or business.
(2) Camp. The use of a public area for living accommodation purposes,
including:
(a) storing personal belongings for an extended period of time;
(b) making a campfire;
(c) using a tent or shelter, or other structure for a living accommodation;
(d) carrying on cooking activities; or
(e) digging or earth-breaking activities.
(3) Homeless Shelter. A supervised, publicly or privately operated facility that
is designed to provide temporary living accommodations for individuals who lack a
fixed, regular, and adequate residence while providing them with social services
and other assistance to find a home.
(B) Except as provided in Subsection (D), a person commits an offense if the person
camps in a public area that is not designated as a camping area by the City of Wichita
Falls.
(C) A law enforcement officer will, before citing a person for a violation of this section,
make a reasonable effort to advise the person, to the best of the law enforcement officer's
knowledge, of available shelter or housing.
(D) A person is materially endangering the health or safety of another person or of
themselves, or is rendering impassable or impeding the reasonable use of a public area,
making usage of such area unreasonably inconvenient or hazardous, if the person is
camping on a sidewalk or other city-owned, maintained property.
(E) A person is camping if the person engages in any of the activities listed in
Subsection (A)(2) if it reasonably appears, based on the totality of the circumstances, that
the person conducting the activity is using a public area for living accommodation
purposes, regardless of the person's intent or engagement in other activities.
(F) This section does not apply to permitted camping or cooking in a park in
compliance with park regulations.
Section 94-7.2. Sitting or Lying Down on Public Sidewalks or Sleeping Outdoors
Prohibited
(A) Definitions.
(1) Disability. Having a physical or mental impairment that substantially limits
one or more major life activities.
(2) Physical Or Mental Impairment. Any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or more of the following
body systems: neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive, digestive; genitourinary;
hemic and lymphatic; skin; and endocrine; or any mental or psychological disorder,
such as mental retardation, organic brain syndrome, emotional or mental illness,
and specific learning disabilities.
(3) Major Life Activities. Functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, learning, breathing, and
working.
(B) The council finds that the City has a compelling interest in:
(1) encouraging and preserving vital, pedestrian-friendly areas as defined in
Section D;
(2) assuring that the areas defined in Section D remain accessible to individuals
with disabilities and compliant with the provisions of the Americans with Disabilities
Act;
(3) promoting tourism and businesses;
(4) preserving the quality of urban life and in protecting its citizens from
intimidating behavior; and
(5) encouraging businesses and neighborhoods in the city where walking is a
realistic alternative to vehicles that use fossil fuels.
(C) The council finds that in areas with high pedestrian traffic and a high incidence of
petty crime related to public disorder, individuals sitting or lying in the pedestrian right-of-
way or easement:
(1) contribute to a sense of fear, intimidation, and disorder;
(2) are disruptive to residents, businesses, and customers;
(3) discourage, block, or inhibit the free passage of pedestrians; and
(4) contribute to the loss of access to and enjoyment of public places.
(D) This Section applies to the following right-of-way or easement areas:
(1) public parks and recreational facilities;
(2) Hike and Bike Trail;
(3) Central Business District;
(4) high-pedestrian-traffic zones; or
(5) within 500 feet of school zones and childcare facilities.
(E) A person commits an offense if, after having been notified by a law enforcement
officer that the conduct violates this section:
(1) the person is asleep outdoors; or
(2) the person sits or lies down in the right-of-way or easement between the
roadway and the abutting property line or structure, or an object placed in that
area.
(F) This section does not apply to a person who:
(1) sits or lies down because of a medical emergency;
(2) operates or patronizes a commercial establishment that conducts business
on the sidewalk pursuant to Section B-5980, Article 5900, Appendix B - Zoning of
the Code;
(3) participates in or views a parade, festival, performance, rally,
demonstration, or similar event;
(4) sits on a bench that is supplied by a public agency;
(5) sits within a bus stop zone while waiting for public or private transportation;
or
(6) is waiting in a line for goods, services, or a public event.
(G) It is an affirmative defense to prosecution for a violation of Subsection (E)for sitting
or lying if a person is sitting or lying and is obstructing the right-of-way, or easement, but
is seated or lying down as the result of a physical manifestation of a disability.
(H) A culpable mental state is not required, and need not be proven, for an offense
under this section.
94-7.3. Urinating or Defecating in Public Prohibited.
(A) A person commits an offense if the person urinates or defecates:
(1) in or on a public street, alley, sidewalk, yard, park, building, structure, plaza,
or utility right-of-way or other public place; or
(2) in public view.
(B) It is an affirmative defense to prosecution under this section if the person is in a
restroom.
This ordinance modifying Chapter 94, Section 7, shall go into effect on October 2,
2025.
PASSED AND APPROVED this the 19th day of August, 2025.
-- MAYOR
ATTEST:
jyaitic
City Clerk