MISSOULA — We are taking a look at how Missoula's recently approved urban camping ordinance has been playing out across the city.
“When we enable something to happen on some level, it's gonna continue to happen and this is festering and it's getting, it's not getting better because we're enabling unsafe conditions to perpetuate,” said Kari Neal, a resident of Missoula that lives near the California Street Bridge.
There is hope those who are unhoused will have areas to shelter without disturbing the surrounding residential areas under Missoula's new urban camping (12.60) ordinance.
For Neal, however, those who shelter in the area around her home — which is by the California Street Bridge — have become an issue that has led her to seek answers on when something will be done to clean up the polluted areas.
“I mean, I've contacted the county, like, water protection agency, the health department, the FWP, forest service, people in Helena, like all these various kinds of protective agencies," Neal told MTN. "I've contacted attorneys that are specific for environmental law and stuff to be like, hey, what's going on and still to my knowledge, nobody's come out here and has investigated it."
Neal has been dealing with various issues due to the homeless outside her home. There have been instances of theft, vandalism, assault, and general public disturbance.
Other concerns raised by residents are the pollution from the homeless in the area that say has led the surrounding water to become toxic.
One person told MTN they got a staff infection after stepping into the water and that resident’s puppy also suffered from poisoning after drinking some of the water.
Missoula Parks and Recreation Director Donna Gaukler is aware of the problems that the area faces but she says the area is beyond the rules of the city ordinance and that they are attempting to address the issues.
“We do frequent clean-ups there quite honestly. We have delayed twice now, since in the last month and that has more to do with the wind storm and the high heat temperatures than anything. It has less to do with 1260 which actually allows for sheltering in parks from 8 p.m. to 8 a.m. if based on time place and manner — which essentially means you are sheltering as an emergency shelter — you can do it from 8 p.m. to 8 a.m. and you are expected to keep a clean campsite," Gaukler explained.
"I think the references that you are asking about in reference to California Street Bridge, West Broadway Island, Downtown Lions, those behaviors are well beyond time place and manner of 12.60 and are much more extreme. And yes, we continue to try and address those through multiple efforts,” Gaukler continued.
City Ordinance 12.60 allows for sheltering in several parks around the City of Missoula between the hours of 8 p.m. and 8 a.m.
The issue that arises with this is the enforcement mechanisms that the city has at its disposal make it difficult to ensure that those who shelter in the area comply with the ordinance.
The main tool that the city has is issuing a civil citation. Ryan Sudbury, city attorney for the City of Missoula, says a citation could come from a parks employee or a police officer after several warnings that they are not in compliance.
“There's not, there's not really beyond that for these types of low-level crimes. There's not a lot of, there's not a lot of extra tools in the toolbox. You start, you start to run out. You know, like I said, we could try and seek an injunction from the district court, we could try and seek a trespass order. But if the person continues to file those, there's not a lot of extra authority to bring down to bear” said Sudbury.
City officials are ultimately hoping that those who are unhoused will voluntarily come into compliance with the ordinance and that they are not looking to jail those who do not comply.
The city is looking to pass an emergency levy to help fund the response to the homeless emergency, mainly to help fund the Johnson St. Shelter. While this funding may help keep the shelter open, Sudbury also noted that many people choose not to go to the shelter for various reasons, only furthering the issues of emergency sheltering.
What remains for residents in the area around Lions Park in downtown Missoula is the issue of pollution and behavioral issues. The city has begun offering educational resources to those in the area but steps beyond that have yet to be taken.
“There's a lot of excuses and what's happening is, yeah, we're just being, we're paying for it literally,” said Neal. “And then like, and our state constitutional rights are being violated repeatedly and I don't, I don't get it. I don't know.”
