Missoula City Council approved new urban camping laws that set buffer zones around homes, schools and businesses, and implement rules for living in vehicles around town.
The councilors voted 10-2 to enact the new policies. Councilors Daniel Carlino and Kristen Jordan voted in opposition. Per state guidelines, the new laws will take effect in 30 days, on July 25.
The meeting started Monday evening and lasted until 3:30 a.m. Tuesday morning.
Missoula Mayor Andrea Davis and sponsoring councilors Amber Sherrill, Mirtha Becerra, Gwen Jones, Mike Nugent, Stacie Anderson, Bob Campbell and Sandra Vasecka supported the ordinance.
“I recognize that this is an extremely controversial issue for many people across the spectrum,” Davis said at the start of the discussion. “No one city has mastered this, so we are attempting to manage this the best we can with compassion and accountability.”
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The new laws require homeless people to camp at least 100 feet away from homes and businesses, as well as 300 feet from shelters and schools.
There is also a 50-foot buffer zone around the city’s rivers and creeks, a 10-foot buffer from trails and a 100-foot buffer from most park features like sport courts or splash pads.
There will also be a ban on camping in Caras Park, McCormick Park, Westside Park, Rail Link Park and Jacob’s Island Dog Park. No one can camp on conservation lands.
The restrictions require people sleeping outside to take down their camp between 8 a.m. and 8 p.m. each day. If people don’t comply with the laws, they could receive a civil infraction, which comes with a $25 fine.
Tuesday’s vote follows the passage of a resolution to place buffers zones for urban camping two weeks ago at a city council meeting that also lasted past 3 a.m.
The resolution allowed city staff to start developing a plan for enforcement, according to city Communications Director Ginny Merriam.
Previously, city law banned camping citywide, but city staff has not enforced the law since the 9th U.S. Circuit Court of Appeals ruled that people sleeping outside and in tents can’t be punished if there are not enough shelter beds available.
The new laws passed early Tuesday morning also include implementing a vehicle permit system for people living in their cars or trailers. The program will allow people to live in one place for up to 90 days, barring breaking any city policies for heath or safety.
The law also directs the mayor’s office to create more trash, bathroom and needle pickup services for areas where people are allowed to sleep overnight. The mayor’s office will also look into a potential authorized city campsite.
While most of the council spoke in favor of the new laws, most members of the public spoke in opposition. Many asked the city to create a designated camping area, while others questioned the legality of the law and the legacy that could be set for decades to come.
“We don’t know the ultimate price tag that will come with it,” William Knight, the litigation director for the National Homeless Law Center, said during public comment. “This hinges entirely on the good graces of this administration’s compassion, with no regard to whether future administrations will be equally as compassionate.”
The council approved several amendments to the urban camping laws on Tuesday, including requiring an annual review of the city’s policies and a requirement for the mayor’s office to establish a safe place for the homeless with mobility issues.
The council approved the annual review with no objection. Davis said during the meeting that this review could take place in January 2025. Davis considered the new laws “iterative,” or open to change over time.
Another amendment ordered the mayor’s office to establish a designated camping site for people with health and mobility issues.
Ward 2 Councilor Sierra Farmer also amended the laws to require the city to create a map of all campsites that can be included on paper or electronic pamphlets to be given to the community before the rules go into effect on July 25.
City Parks and Recreation Director Donna Gaukler said that her department is working on creating such maps, but it will take time, as the city works parkby-park to solidify where people would be allowed to camp.
“The challenge at this point is mapping each buffer in each piece of city land, and then in addition to making maps, we hope to bring educational materials with it,” Gaukler said.
“We may need to come up with a rotation of parks as we are figuring out what our irrigation and maintenance needs in certain parks are,” Davis said.
A larger map that showed potential designated camping areas created by a University of Montana professor was presented by public commenters at the meeting, but city staff said they had not received a copy, and the provided map was not detailed enough to use.
Other amendments passed by Councilors Carlino and Jordan will limit the city’s ability to impound vehicles and will require more notice before camp sweeps.
Heavy opposition to time restriction
Amendments to eliminate the 8 a.m.-to-8 p.m. camping restriction and to cancel camp sweeps under poor weather failed.
While just three councilors voted to eliminate the time restrictions, dozens of Missoulians commented specifically against the rule, including most of the city’s homeless service providers.
In a letter to the city council Monday, Missoula’s service providers opposed making people break down their camps and move during the day and asked the city council to send the final law back to committee.
The leadership of the Poverello Center, Hope Rescue Mission, Missoula YWCA, Partnership Health Center, Open Aid Alliance, Missoula Food Bank and Community Center and the Missoula Public Library signed the letter.
“(The 8-8 rule) hinders their ability to apply for jobs or maintain employment, attend necessary medical appointments, and even access basic amenities,” the letter reads. “The visibility of carrying all their belongings throughout the day not only stigmatizes them but also restricts their access to facilities that prohibit large bags, such as convenience stores.”
Other public speakers objected to the time restrictions. More than 50 commenters spoke at the meeting, and many had the same ending sentence.
“There’s a lot of things that I would like out of this, would love to see this voted down,” Missoula resident Liam Seymour said. “At the very least, like we have all been saying, remove the 8 to 8.”
Knight, the litigation director for the National Homelessness Law Center, said the categorical exclusion to only require homeless people to move during the day could violate a person’s rights.
“This law is exposing you to additional harms and legal causes of action under the American with Disabilities Act, not to mention the constitutional theories of the Supreme Court,” Knight said, adding at the end, “This is not an equal measure, this is a cruel punishment and a categorial ban of your most vulnerable neighbors.”
The council considered moving people on a 24-hour basis, but Gaukler cautioned that the 24-hour rule could be confusing and also conflict with the day-today operations of parks.
“I think if council wants to go longer on the hours, we may have to have more flexibility on place, or have some sites have longer hours,” Gaukler said.
The city will spend the next month developing maps and other educational materials before beginning the enforcement of the homeless camping restrictions.
Griffen smith is the local government reporter for the Missoulian.
