BOZEMAN – On Aug. 8, Bozeman City Commission will consider adopting an ordinance that would establish restrictions on the time, place, and manner in which people can shelter or camp in the public right of way. The draft ordinance will help the city maintain safe and clean public streets, sidewalks, paths, and boulevards while balancing concerns for people experiencing homelessness.

“The draft ordinance follows 9^th Circuit laws and does not impact anyone’s constitutional right to keep themselves warm and dry while sleeping when no other form of shelter is available,” City of Bozeman Assistant City Manager Kira Peters stated. “Instead, it establishes when, where, and how people can stay in the right-of-way, which would help us better handle things like snow plowing and street sweeping.”

The proposed ordinance allows people to stay in the public right-of-way in a vehicle for up to five days if they are homeless and no other form of shelter is available. After five days, they must move to a different named street.

Additionally, people may not camp adjacent or across from a residence, park, school, or daycare, or within 100 feet of a business entrance. Camping may not occur in violation of any posted parking restrictions or prohibitions, or in a bike lane or sidewalk.

The draft ordinance proposes general rule conditions related to the manner that people stay in the public right-of-way, including that people must maintain clean and orderly spaces with no trash or personal items stored outside their vehicles.

The City’s newly established Community Health & Safety Officers would help people stay in compliance with the proposed regulations through education, notice, and connections to services, with the goal of achieving voluntary compliance. Violations may result in a municipal infraction punishable by a civil penalty of $100. 

The number of people staying in the right-of-way has been increasing along with impacts on the surrounding environment, prompting the creation of the draft ordinance.

Those interested in more information on the draft ordinance can contact the City Manager’s office at 406-582-2306.