Marquette commission postpones vote on ordinance that would restrict overnight use of public property

The Marquette City Commission on April 14 unanimously voted to postpone consideration of Ordinance 25-02, which would restrict overnight occupation of city-owned and city-controlled property, and directed city staff to revise the ordinance language before the commission’s May 27 meeting.

The ordinance, as drafted, would prohibit overnight sleeping on city property and allows police to remove people and dispose of tents, shelters and other items used for sleeping. Chelsea Wilkinson, executive director of Room at the Inn, told commissioners the draft is “vague and punitive” and would “disproportionately harm people who have no other safe place to go.”

The issue drew a large public turnout. More than a dozen residents, service providers and people with lived experience spoke during the public-comment period, urging the commission either to table the ordinance for more community input or to rewrite it to include safeguards, exceptions and clearer enforcement policies.

Will Sullivan, senior attorney with the Marquette County Public Defender’s Office and chair of Room at the Inn’s board, cited the U.S. Supreme Court decision in City of Grants Pass v. Johnson during his remarks and said the city’s draft is broader than the ordinance upheld in that case. Sullivan said paragraph d of the draft “provides that if any person in violation refuses to vacate the public property ... the city police department is authorized to remove such individuals and dispose of any tents, shelters, or related paraphernalia in violation,” and he warned the draft contains no process for judicial review or return of seized items.

Other speakers described local impacts: outreach workers said shelter beds are full and that criminalizing sleeping outside would push people further from services; residents described temporary vehicle dwelling used for safety or seasonal necessity; and advocates suggested alternative models, including a Missoula, Mont., approach that creates designated camping permits, time, place and manner rules, and on-site services.

Several commissioners said they supported the ordinance’s intent to address unauthorized camping and tourism-related illegal camping, but they also agreed the draft needs clearer intent and enforcement guidance. Commissioner Ottaway said she shared “concern about the future and how intent can be changed from year to year,” and Commissioner Davis said she trusted local staff and police but worried the ordinance’s language could be interpreted differently by future administrations.

City staff described the draft as intended primarily to address tourism-related camping in areas such as Presque Isle and certain parking lots, while acknowledging a secondary issue with encampments in wooded or path-adjacent areas. The city manager said staff would work with Room at the Inn and the police department to identify problematic provisions and to document policies and procedures for humane, clear enforcement.

After commissioners discussed options — including attaching enforcement policies to the ordinance versus clarifying intent in the ordinance text — a motion to postpone consideration and direct staff to revise the language passed on a 7-0 roll call. The commission set the next consideration for the May 27 meeting.

The commission’s action was procedural: it did not adopt the ordinance or any enforcement provisions. Commissioners and public speakers repeatedly urged that any rewrite include clearer definitions for prohibited conduct, protections for personal property and due-process safeguards before disposal of belongings.