MORGANTOWN — At the heart of Article 1157 is General Order 339.
Article 1157, titled “camping on public property,” is the proposed citywide ban on camping or using “camp paraphernalia” on any public property in Morgantown.
As the latest, and boldest, new chapter in a years-long, on-and-off conversation involving a tangle of intermingled issues — homelessness, addiction, the city’s downtown district, mental health, social services, policing, etc. — it’s become an immediate lightning rod for debate.
And it’s coming before Morgantown City Council for consideration on some unknown future date.
Under “Enforcement,” the proposed law states, “Violation of this Article is deemed a public nuisance subject to summary abatement by any duly authorized official of the City.”
Further, it explains, “any abatement shall comply with the provisions of Morgantown Police Department General Order No. 339, entitled ‘Transient/Outdoor Encampment.'”
In April, a representative of the city explained the “Morgantown Police Department Transient Occupancy Policy (General Order 339) directs police officers in when and how to remove any person occupying property without permission in various scenarios depending on how long they’ve been present. This policy was adopted in 2018 when it was developed by the police chief in cooperation with Mountain State Justice.”
So, what does General Order 339 say?
One, it says it doesn’t apply to camping in city parks, as camping in city parks is prohibited and those doing so will be removed and cited.
If Article 1157 is adopted, camping will be prohibited everywhere in the city.
Two, General Order 339 comes with its own definitions including “encampment,” which is described as “homeless individuals or families residing out of doors on a common site for 30 days or more.”
It also defines “transient outdoor temporary living,” which is “a homeless person(s) residing out of doors on public property in a fixed location for seven or more days and less than 30 days.”
By contrast, Article 1157 simply states it is unlawful for anyone to camp on any public property. There are no qualifiers in terms of duration.
Article 1157 defines camp/camping to mean “pitch, erect or occupy camp facilities, or to use camp paraphernalia or both for the purpose of habitation, as evidenced by the use of camp paraphernalia.”
“Camp facilities” include tents, huts and temporary shelters. “Camp paraphernalia” includes, but is not limited to, tarps, cots, beds, sleeping bags, blankets, mattresses, hammocks, portable cooking facilities and similar equipment.
Under General Order 339, closure of an encampment begins with at least 14 days’ written notice via postings at the site.
Within two days of posting notice, the city will provide a copy of the notice to designated representatives of the WV Coalition to End Homelessness.
On the day of closure, outreach workers from WVCEH or its affiliates will be available on site “to provide and assist with temporary shelter, housing, wrap-around services and/or other emergency services.”
Upon consultation with social service providers, “City will provide transportation from the site to location(s) in the city providing temporary shelter, housing and/or other emergency services.”
If there are no available resources, people in the encampment “may be allowed to remain on the site of the encampment, if on public property, beyond the date and time of closure until shelter or other reasonable solution is determined.”
Any remaining property, according to the order, is to be subject to a “sorting exercise” to separate items of personal, legal or material value, which the city will document and store for a minimum of 14 days.
A city spokesperson confirmed in April that the city is no longer storing items.
“When inhabitants are finished gathering their possessions, the City is typically left with biohazardous items that are unsafe to sort through. Unfortunately, storage space is simply not available for the vast number of belongings that are left behind. The Morgantown Police Department tries to offset this by granting inhabitants additional time to gather all of their belongings.”
The Dominion Post reached out to the city to ask what input the MPD had into the creation of Article 1157; what demands the law would put on an already understaffed department; and how MPD leadership responds to claims that the proposed law is a response to a lack of enforcement downtown.
“The Morgantown Police Department does not take an official position regarding the opinions of the Morgantown City Council,” Chief Eric Powell responded.
“Our primary responsibility is to protect and serve the City of Morgantown diligently and consistently. Regardless of any decisions made, our department is committed to upholding the law to the fullest extent, as we have always done.”
TWEET @DominionPostWV
