Portsmouth councilors don't want to 'criminalize' street campers, propose this solution

PORTSMOUTH — City Councilor Andrew Bagley plans to ask the city's Legal Department “to investigate allowing overnight parking in commercial lots” that have endorsed the practice.

Bagley’s planned action will come at the council’s May 20 meeting in response to concerns some residents have raised about campers, vans and recreational vehicles (RVs) parking overnight on city streets. He believes city zoning rules, as they exist now, technically prohibit overnight parking in commercial or retail parking lots even when the owner is OK with it.

“Let’s leave it up to the business whether they think it’s a good idea or not,” said Bagley, who chairs the city’s Parking, Traffic and Safety Committee.

As an example, Bagley on Tuesday pointed to Walmart, calling it "a commercial location with a big parking lot."

The issue about people parking/camping on Portsmouth streets overnight — where parking is allowed and there are no posted time limits — came up at several city meetings last year. It is arising again with summer coming soon.

The City Council — and Bagley’s committee — heard complaints in particular about people parking on Parrott Avenue downtown where the middle school and library are located, and in the city’s historic South End.

Police have said there’s no law prohibiting people from camping/parking overnight on city streets, as long as they move their vehicles before 72 hours pass.

Camping prohibited on Peirce Island

The city posted a sign reading “No Overnight Camping on Peirce Island” in response to complaints about people in RVs and vans camping overnight on the city-owned island near Prescott Park.

Bagley does not believe there are “any good solutions that would have council support” in terms of increasing regulations to address the issue.

There are likely two types of people camping on city streets, Bagley said. Some are living in their vans or RVs because they can’t afford the high cost of traditional Portsmouth housing, he said. And there are tourists visiting the city.

“There’s no way to differentiate between the two,” Bagley said.

Don't criminalize campers, councilors say

Like other councilors, Bagley stressed, "We don’t want to criminalize somebody staying in their car overnight.”

Allowing people to camp overnight in commercial lots — when approved by the lot owner — should result in less parking on city streets, Bagley said.

Mayor Deaglan McEachern believes existing laws are sufficient to deal with any issues caused by overnight camping.

“I believe the current laws we have have been enforced correctly,” McEachern said.

He stressed “police have every avenue necessary to maintain the public way and order and safety as needed. If they need more, we’d certainly have that discussion, but they haven’t asked for anything because they have not felt that need."

Portsmouth’s reputation as the City of the Open Door “doesn’t mean the locked door,” McEachern said.

“I would say our image is based on the safety of our city and people feeling comfortable and welcome. Police make sure it is safe to walk around and people feel safe enough to sleep in their camper van.”

In terms of the new sign posted on the bridge on to Peirce Island, McEachern stated, “it is clarifying what has been a long standing practice of no overnight camping.”

Camping is best housing option for some

City Councilor Kate Cook called overnight camping on city streets “a really challenging issue.

“First we have to be really cautious because we know there are people living in their vans and working in Portsmouth,” she said. “In effect they’re Portsmouth residents and that is the best housing option they have now.”

Those people need to be supported and helped so they can find more traditional permanent housing but “there is not a lot of affordable housing in Portsmouth,” Cook said.

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Then there are people who are visiting the city and see the current laws as a “way to stop and camp,” Cook said. At times, this has created problems for residents, including “illegal dumping on the street,” she said.

In other cases, Cook said, it’s resulted in visitors “essentially having coffee on the sidewalk in front of someone’s home. I’ve heard a lot of residents’ concerns about things like that."

Any changes the council considers, should be done “in a very incremental and careful way,” Cook said. “We don’t want to be forcing somebody out who works here. We are going to have to address it in some way or the other."

Cook said she supports the idea of allowing commercial entities to “have camping if they want to have camping," calling it “a step in the right direction. We do have a lot of Walmarts in the area that do allow overnight camping."

City Councilor John Tabor commented on camping, stating he doesn’t “see a need to regulate it more tightly."

He also likes the proposal to let private property owners allow it if they choose.

“I don’t think we should be a barrier if a private property owner wants to allow it,” Tabor said Tuesday.

He noted there are people like “nurses and firefighters, and other shift workers,” who are living in vans and campers. “Sometimes that’s the only option they have, especially if they commute from a long distance, because they can’t find affordable housing here."

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Assistant Mayor Joanna Kelley said she believes “the police didn’t feel like it was much of an issue,” when asked Tuesday about overnight camping on city streets.

She wants to hear the Legal Department’s advice on allowing overnight camping in commercial lots.

But she stated, “I have no problem with it as long as it doesn’t pose public health or safety issues.”

Deputy Police Chief Michael Maloney could not be immediately reached for comment Tuesday. He has previously said police have not had any problems with people camping overnight on city streets where it’s allowed.

This article originally appeared on Portsmouth Herald: Portsmouth NH street campers draw complaints: Solution proposed.