MISSOULA — Less than six months after adopting an ordinance regarding urban camping — and on the heels of a recent Supreme Court ruling — the Missoula City Council may amend its rules to prohibit overnight camping in city parks.
Doing so would mark a reversal of an ordinance adopted in June that set the “time, place and manner” in which overnight camping in city parks was allowed. But the measure has since sparked growing public opposition and many members of council agree it isn't working as intended.
After a five-hour hearing, council members voted 7-3 on Wednesday to consider the proposed changes in December.
“It became clear this is something the public wanted, particularly among those residing in proximity to several parks,” said council member Bob Campbell, one of the measure's sponsors. “I've heard many complaints about camping and a lack of conformance with the existing guidelines including sleeping in parks after 8 a.m., littering, deification and discarded drug paraphernalia, all of which make use of our parks impossible for children and others simply trying to recreate.”
The current policy adopted in June bans camping in parks from 8 a.m. to 8 p.m. and details where camping during overnight hours is permissible.
The ordinance also directed the mayor to “develop a program to support urban camping” and explore other programs like opening an authorized campsite, offering more trash and needle containers, and establishing an on-street permit program for overnight parking.
While portions of that ordinance may continue, City Council is now looking to strike certain parts. Among them, it would eliminate the directive asking the mayor to develop an urban camping program, and it would change procedures around violations and penalties to elevate the public's expectation of personal accountability.
“In the few short months this ordinance has been in effect, it's clear that allowing camping in parks is not a sustainable or effective solution for addressing their needs or helping them access the services they require,” said council member Mike Nugent. “Parks are designed as spaces for all residents, including families and children to enjoy. There has to be some level of rule that allows enforcement to that 5% that's not following the rules.”
Most supporters of the proposed changes also believe that safety is an issue, both for those sleeping in parks and for residents who live near the parks. But as one council member said, the city can't solve all problems and it's not equipped to be a service provider.
“We also have to rely on the service providers in our community. Municipal government simply isn't equipped for every possible situation,” said council member Amber Sherrill. “I believe the majority of our community doesn't want people camping in our parks, and neither do I. This creates safety issues for both campers and park users.”
Balancing opinions
Wednesday's hearing drew comments from both those who support the ordinance change and those who oppose it. Opponents accused the city of “criminalizing” the homeless and of carrying out “cruel and unusual punishment.”
They also suggested that the city shouldn't pursue the changes simply because the U.S. Supreme Court cleared the way in its recent overturning of a Ninth Circuit Court decision.
“In Montana alone, we have seen councils and commissions close warming shelters, impose draconian fees and hinder the efforts of the unhoused to find permanent, stable housing,” suggested John Rhoades of Montana Women Vote. “Missoula should not be leading this bandwagon.”
But others disagreed.
“We don't want camping in our city parks for the safety of our children,” said resident David Moore. “There's a generational investment this community has put into its parks. The city has other land it can make suitable for this purpose."
During the last budgeting session, the city directed several million dollars to homelessness. Among the efforts, it funded the operation and management of Johnson Street shelter for a year and paid for upgrades to the facility to include new restrooms and lockers.
It also funded the mobile support and crisis intervention teams and helped fund the construction of the Trinity and Villagio housing projects that have lowered the city's homeless population to 2018 levels, according to Dale Bickell, the city's CAO.
Bickell added that the ordinance change doesn't mean the city plans to stop working on solutions to homelessness.
“The city is working hard on houselessness,” he said. “Regardless of what amendments get passed, we plan to continue enforcement with outreach and education in the forefront. This will be done with compassion and in partnership with the provider community to minimize negative impacts.”
Council members Kristen Jordan and Daniel Carlino opposed the city's current camping ordinance back in June. On Wednesday, they also opposed the proposed changes to the ordinance by trying to block December's public hearing.
“We as a city council have all the collective resources and tax money,” Carlino said. “But it appears you all want to spend millions of dollars a year to criminalize people for having nowhere to go and moving them in circles.”
Jordan added, "We should provide a safety net for all of our citizens. The very laws these affect only hurt the most vulnerable in our community. I want to say well done to you all for doing that."
