City of Morgantown passes ordinance banning camping on public land

MORGANTOWN, W.Va. (WBOY) — The Morgantown City Council voted in favor of the “Camping on Public Property” Ordinance during its seven-hour meeting on Tuesday, effectively banning camping on public property in the city.

The ordinance, which is article 1157 of the City Code, is meant to address public safety and prohibits anyone from using or storing camping paraphernalia on land owned by the city, including streets, parks and trails.

The ordinance was passed during the Morgantown City Council meeting on Sept. 3 by a 4-3 vote with two amendments to the original language.

The amendments, proposed by Councilor Brian Butcher, changed the language in 1157.07. (f) regarding the alternative sentencing for those in violation of the ordinance. The new language offers alternative sentencing to fines and imprison when “the person wishes to participate in treatment for substance abuse or mental health, or case management to return the person to housing stability ,” with the changes underlined.

Even with the changes, Butcher was one of the three votes against the ordinance, along with Councilor Danielle Trumble and Mayor Joe Abu-Ghannam.

During discussion before the vote, Butcher questioned why the council is “criminalizing homelessness” when it could pass the ordinance without the criminal penalty.

The penalty for violating the ordinance is a fine of up to $200 for a second violation and a fine of up to $500 and up to 30 days imprisonment for a third violation, if the person “has been offered alternate shelter and refused the offer.”

Trumble said that if public safety is the concern, then the council should be concerned about everyone regardless of circumstance, not just people who are sleeping, saying “we should not just focus on where someone sleeps.” She also brought up a lack of free access to the Mountain Line Transit bus system, which could help provide transportation to shelters like the Rainbow House and former Bartlett House that will be managed by the Catholic Charities of West Virginia .

Councilor Bill Kawecki, who voted in favor of the ordinance, said that he believes the law will promote more shelter options to be built and encourage people who are homeless to utilize alternative housing options.

“I want to make sure that our city has the resources in the future to handle the people that you’re talking about [referencing Morgantown’s homeless population] and to provide for them in a manner, and this is the way I have chosen to vote because I think that will move us in that direction.”

Public comments on the ordinance lasted for around five hours during the meeting, with 32 people voicing their concerns or support regarding the ordinance.

The ordinance will become law 30 days from Sept. 3, pending that there is an emergency shelter open in the city. The full ordinance before the amendments can be read in the meeting agenda here .

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