City of Missoula
Committee of the Whole Agenda

Meeting #:
Date:
-
Location:
Council Chambers (in person) or TEAMS (virtually)
Attend in person: City Council Chambers, 140 W Pine, Missoula MT
Members:
  • Amber Sherrill, 
  • Stacie Anderson, 
  • Mirtha Becerra, 
  • Bob Campbell, 
  • Daniel Carlino, 
  • Sierra Farmer, 
  • Gwen Jones, 
  • Kristen Jordan, 
  • Eric Melson, 
  • Mike Nugent, 
  • Jennifer Savage, 
  • and Sandra Vasecka 

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1.
ADMINISTRATIVE BUSINESS

  

2.
PUBLIC COMMENT

  

3.
COMMITTEE BUSINESS

  

3.1
Ordinance adding Chapter 12.60, to adopt regulations governing camping on City Right-of-way and other City Property.
Andrea Davis, Amber Sherrill, Mirtha Becerra, Gwen Jones, Mike Nugent, Stacie Anderson, Bob Campbell, Sandra Vasecka

This item has attachments.  

Discussion - Ordinance adding Chapter 12.60, to adopt regulations governing camping on City Right-of-way and other City Property.

  • Recommended motion:

    "a friendly amendment to the proposed ordinance removing the HOT Team reference and ensuring other service providers may conduct outreach"

  • Recommended motion:

    #1 -- Page 4: 12.60.30 Part C - 2 - I:

     

    1. Within 50 100 feet of the water’s edge for the Clark Fork River, Bitterroot River,

    Rattlesnake Creek, or Grant Creek, including any side channels or backwaters thereof, where those waterways are located within City limits.

  • Recommended motion:

    #2 -- Page 5: 12.60.040 Part A:

     

    12.60.040 Designated Temporary Camping Sites and Safe Parking Sites

    A. Mayor to Investigate Designating Camping/Parking Sites. The Mayor is directed to investigate the possibility of designating temporary camping sites and safe parking sites on City property or on private property where the owner of the property is voluntarily willing to allow use of their property under agreed upon terms and conditions enforceable by the City. If the Mayor, in their sole discretion, deems it feasible, practicable, and in the public interest, the Mayor shall bring a proposal to City Council is authorized to designate temporary camping sites and safe parking sites on City property or on private property where the owner of the property is voluntarily willing to allow use of their property under agreed upon terms and conditions enforceable by the City.

  • Recommended motion:

    #3 -- Page 9-10: 12.60.050 Part C - 8:

     

    8. Towing Vehicles; Costs. In the event a Vehicle camp structure belonging to an Unsheltered Individual is towed and/or impounded by the city, no fees will be associated with the towing or impoundment; however any costs incurred by the City to cleanup public or private property surrounding the towed vehicular camp structure, due to accumulation of garbage and refuse around the vehicle, must be paid to the City before the vehicle is released. In the event the city tows or causes to be towed the same vehicular camp structure more than three (3) two (2) times due to violations of this Chapter, costs of towing and impoundment may be assessed.

  • Recommended motion:

    #4 -- Page 6-7 12.60.050 Part B – 4:

    B. Violations.

     

    4. Penalty Authorized. No violation of this Chapter shall be considered a criminal offense; violations of this Chapter shall only be enforced as a municipal civil infraction. Further, City Council directs the Mayor to investigate the feasibility of creating and if feasible, implementing a Community Service Program and the City desires to impose required community service and/or restitution in lieu of civil penalties; however, where the interests of justice are furthered by the imposition of a civil penalty, the state law defined penalties for municipal infractions are authorized (Section 7-1-4150, MCA). Jail time is not an authorized penalty under this Chapter.

  • Recommended motion:

    12.60.050 Enforcement.

    1. Abandoned Personal Property. Unclaimed or abandoned items found in an abatement site shall be eligible for storage if: circumstances indicate that the item belongs to a person, the item has apparent utility in its current condition and circumstances (i.e. the item is not damaged, deteriorating, or falling apart), and the item can be safely retrieved from the site.
  • Recommended motion:

    12.60.040 Designated Temporary Camping Sites and Safe Parking Sites

     

    1. Mayor to Investigate Designating Camping/Parking Sites. The Mayor is directed to investigate the possibility of designating designate temporary camping sites and safe parking sites on City property or on private property where the owner of the property is voluntarily willing to allow use of their property under agreed upon terms and conditions enforceable by the City. If the Mayor, in their sole discretion, deems it feasible, practicable, and in the public interest, t The Mayor is authorized to shall designate temporary camping sites and safe parking sites on City property or on private property where the owner of the property is voluntarily willing to allow use of their property under agreed upon terms and conditions enforceable by the City.
  • Recommended motion:

    12.60.050 Enforcement.

     

    1. Violations.
    2. Written Warning Required. For a first violation of any provision of Chapter

    12.60, a violator will be given a written warning identifying the provisions of

    Chapter 12.60 that were violated. Where possible, the written warning should

    provide suggested remedies that may correct the violation as well as a timeframe

    to correct the violation. The written warning and associated municipal infraction

    under this Section must occur no less than 24 hours apart.

     

    1. Violations to Be Enforced as a Municipal Infraction; Criminal Charges not

    Authorized. A second or subsequent violation of Chapter 12.60, after a prior

    written warning or after a prior judgment as a municipal infraction under this

    Subsection within the previous year, may be enforced as a municipal infraction

    under Chapter 12.01 of the Missoula Municipal Code. If the City or private party

    incurs costs to remediate the area around an individual’s camp structure due to

    violations of the Time, Place, and Manner requirements above, those costs may be

    imposed as restitution in lieu of the civil penalty provided by Section 7-1-4150,

    MCA.

    1. Violations to Be Enforced as Community Service Suggestion to the Municipal Courts. If a violator did not remedy the violations within the allotted timeframe and is receiving a second or subsequent violation of Chapter 12.60, this violation may be enforced as a community service directive by the municipal court.

     

    1. Penalty Authorized. No violation of this Chapter shall be considered a criminal

    offense; violations of this Chapter shall only be enforced as a municipal civil

    infraction. Further, the City desires to impose required community service and/or

    restitution in lieu of civil penalties; however, where the interests of justice are

    furthered by the imposition of a civil penalty, the state law defined penalties for

    municipal infractions are authorized (Section 7-1-4150, MCA). Jail time is not an

    authorized penalty under this Chapter.

4.
ADJOURNMENT

  
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