HB 1264 Summary

• Prohibits sitting, lying, sleeping, or storing personal property on streets, sidewalks, or public rights-of-way within 1,000 feet of sensitive areas (schools, daycare, parks, libraries) or critical infrastructure (roads, bridges, utilities, police/fire stations).

• Violations constitute a public nuisance that may be enjoined and abated; violators may be charged as a misdemeanor with fines up to $5,000 and/or up to 6 months jail time.

• Requires law enforcement to provide written notice at least 48 hours before enforcement action, with notice given in a language understood by the person.

• Amends Section 21-19-11 to include homeless encampment removal as an abatable public nuisance on private property, allowing municipalities to assess costs as a lien against the property which may be waived at municipal discretion.

• Property owners may request law enforcement assistance to remove homeless encampments or install barriers; encampment removal must be done humanely and cannot include harm to persons or destruction of personal property.