Mount Clemens commission introduces amendment to disorderly-person, trespass ordinance in first reading

The Mount Clemens City Commission on first reading introduced an amendment to the city's disorderly-person and trespass ordinance that officials say clarifies definitions of disorderly and loitering conduct and prescribes penalties. The commission set Nov. 4, 2024, as the adoption date for the ordinance.

The motion to introduce the amendment was made during the commission's general-business session and carried by roll call. The draft ordinance, prepared by the city attorney, was described as an effort to provide clearer guidance to law enforcement and to make enforcement more likely by specifying prohibited conduct.

“We tried to make sure that we were staying within the rights of everybody, in other words — not trying to vilify homeless people in terms of or anybody unhoused, and not trying to make being unhoused illegal,” the chair said, noting the city reviewed relevant court precedent when drafting the language.

A staff member advising the commission said greater specificity in ordinance language helps courts and enforcement. “If you can give more detail, it's more likely to be enforced,” the staff member said, explaining the intent behind adding clearer definitions.

Commissioners asked questions about how the amendment would be applied; the chair and staff repeatedly emphasized that the ordinance is intended to distinguish prohibited conduct from protected status or condition and to avoid criminalizing homelessness. The commission voted to advance the measure on first reading; final adoption will be considered on the date set by the commission.

What's next: The ordinance was set for adoption on Nov. 4, 2024; no final adoption occurred at this meeting.