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Ottawa City Commission delays decision on camping ordinance after legal, outreach questions

Ottawa City Commission · December 4, 2024
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Summary

The commission discussed a proposed civil ordinance restricting camping and storage of personal property in public rights-of-way, heard police and legal explanations about outreach and penalties, and agreed to continue the item to the next meeting to allow additional public input.

Ottawa City Commission on Dec. 4 discussed a proposed ordinance that would regulate camping and storage of personal property in public rights-of-way and public infrastructure, but delayed final action to allow more input from advocates and service providers.

City Manager Silkcott framed the measure as a "last resort" tool to be used only after outreach and social services have been exhausted, and highlighted partnerships with Hope House and the Franklin County Coalition to End Homelessness as part of the response. Chief Weingartner described the community policing unit’s crisis-response work, distribution of community care kits and a recent multi-year case in which outreach connected one person to housing and services: "They have their identification. They have social security. They are in professional services," he said.

City Attorney Finch emphasized the ordinance is civil, not criminal. "This is not a criminal ordinance... It is not a misdemeanor. It is not a criminal action at all," Finch said, adding the ordinance would allow civil fines and property impoundment with protections (property cannot be disposed for 90 days). Finch said 24 hours is the statutory minimum notice before some actions, though jurisdictions commonly give more time to coordinate social services.

Finch and staff explained the proposed fine schedule (a $25 first violation, $50 second violation, $100 thereafter) was intentionally set below the lowest misdemeanor threshold; the municipal court judge would set the actual schedule and retain discretion within the legal cap (Finch stated the administrative cap would remain under $499). The ordinance includes impoundment and recordkeeping provisions and is intended to target camping that creates immediate danger to people or public infrastructure (for example, camping along the floodway where rising reservoir releases pose a risk).

Several commissioners and advocates asked how the ordinance would treat people living in vehicles and whether county authorities would assist when individuals move outside city limits. Chief Weingartner said the sheriff’s office has agreed "in principle" to allow community policing outreach a reasonable distance beyond city limits along trail systems so that enforcement does not merely displace people out of the city.

After questions and requests from advocates for additional testimony, the commission agreed to continue the item to the commission’s next meeting to give shelter operators and other stakeholders another opportunity to comment before a final vote.