Wilmington City Council Advances Revised Public Camping & Obstruction Ordinances
On Thursday, September 3, 2026, Wilmington City Council gave first readings of two revised ordinances addressing public camping and the obstruction of public property, following weeks of discussion among city council, police, law director, and prosecutor.
Ordinance 26-49 would regulate "public camping, temporary habitation, and occupancy of public property", while Ordinance 26-50 would regulate "bodily obstruction in or on public property" that prevents others from using or enjoying public spaces. Both ordinances are expected to return to city council for additional readings on September 17, 2026.
The new legislation replaces an earlier proposed camping ordinance, Ordinance 26-45, which received its first reading in August but drew concerns from police and prosecutor's office over its overly broad wording. Council formally allowed the old proposed ordinance to die Thursday night after all seven members voted against giving it a second reading.
Council praised the collaborative process that produced the revised ordinances and said the city needs to give police additional tools while emphasizing a "treatment first" approach for people experiencing homelessness, mental illness, or substance abuse.
Prosecutor Sarah Barger also expressed confidence that the revised ordinances are sufficiently narrow to withstand legal scrutiny.
Under Ordinance 26-49, a campsite is defined in connection with maintaining a temporary place to live, rather than simply covering oneself with a blanket or temporarily occupying public property. Barger said that distinction was important in narrowing the ordinance and clarifying the conduct it is intended to address.
She also addressed concerns about personal belongings being removed from public property, saying the ordinance does not simply authorize police to dispose of someone's possessions. Items considered litter or trash could be discarded, while other property would be handled through normal police procedures.
The second proposal, Ordinance 26-50, focuses on bodily obstruction of public property. Barger emphasized that the ordinance would not prohibit someone merely sitting on a sidewalk or park bench. Instead, it targets conduct that actually obstructs another person's ability to use public property. As an example, she said someone lying across an entire bench and preventing another person from using it could fall within the ordinance.
Councilwoman Michael Snarr also praised the process that led to the revised legislation. Snarr said he recently participated in a police ride-along and spoke with several homeless individuals at a city park. He said officers also expressed interest in the city considering a "nuisance-property" ordinance for residential properties in the future.
Council initially began the first-reading process for Ordinance 26-49 before realizing the previous camping ordinance, Ordinance 26-45, was still pending. Council unanimously nullified its initial action on the new ordinance, then returned to Ordinance 26-45 and voted 7-0 against advancing it to a second reading.
Council then restarted the process and formally gave Ordinance 26-49 its first reading, followed by a first reading of O-26-50. Both revised ordinances are scheduled to return to Wilmington City Council on September 17, when council is expected to consider additional readings.
