MORGANTOWN — Everybody already knew city hall was going to be packed Tuesday as Morgantown City Council took up the first reading of an ordinance outlawing camping on public property.
It was.
Everybody already knew a long list of people would step to the podium to state or restate their thoughts about why a citywide camping ban is either good or bad for the city.
They did.
What nobody knew is how Morgantown City Council would navigate its initial vote on the matter.
Nearly four hours into Tuesday’s meeting and after more than an hour of, at times, confrontational back-and-forth, the body voted 4-3 to approve the law.
In short, it 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,” and bans it on all public property.
Vocal opposition within council came entirely from councilors Brian Butcher and Danielle Trumble, though Mayor Joe Abu-Ghannam also voted in opposition.
Council split along the same 4-3 breakdown four additional times prior to the main vote — once to deny a motion to table the matter and three times to kill amendments proposed by Butcher.
The version of the ordinance that came before council varies significantly from the version presented during the July 30 committee of the whole session, primarily in terms of penalties.
The original version stated simply that a first violation could be met with a fine up to $500 and a second violation within 12 months could result in a fine up to $500 and/or up to 30 days in jail.
Under the current version, the initial violation will result in a warning. A second violation will result in a fine of no more than $200 and a third violation within 12 months can result in a fine of up to $500 and/or up to 30 days in jail.
However, “No citation shall be issued, nor any criminal penalty imposed, under this Section unless a person in violation of this Article has been offered alternate shelter and refused the offer.”
“Shelter” would include an alternate location where the person may shelter overnight, including, but not limited to, a place in an emergency shelter or any alternate indoor or outdoor location …”
Further, alternative sentencing will be possible if violators notify the municipal court that they need treatment for substance abuse or mental health issues.
“The City, acting through the City Manager, will retain a third party experienced in the treatment of mental health and substance abuse issues to develop and manage the alternative sentencing established by this subsection …”
If approved on second reading, the law will take effect 30 days after adoption, meaning if it is passed on second reading at council’s Sept. 3 meeting, enforcement could begin Oct. 3.
If an emergency shelter is not yet open to new clients on the day the law takes effect, it will be delayed until the shelter is available.
