Now Bismarck moves to ban homeless camps

The dilemma over what to do about homelessness plagues cities of every size in every state. Homeless camps and associated risks to public safety have been routinely allowed in public places in many places, until somebody gets hurt or something goes wrong.

The citizen comments at a recent public hearing go a long way to explaining why Bismarck became the latest North Dakota city to approve a ban on homeless camps in public spaces.

“We find syringes, bags of weed in our parking lot,” said Joseph Heimann, general manager of Interiors by Design. “They get into our fountain and they bathe. I don’t remember ever seeing this problem in Bismarck before, until the last ten years. It’s just getting worse and worse. I see it becoming a snowball rolling downhill if we don’t do something about it.”

“People leaving their furniture, their garbage, their blankets, smoking, drinking, no respect for quiet hours for tenants I have that pay rent,” said Cammy Zenker, co-owner of Mark 5 Studio Apartments. “I’m just asking that this ordinance be passed and that it be the first step in a process. We do need some community resources but it is not a safe home environment any more.”

Since the U.S. Supreme Court decision in June allowing communities greater latitude in dealing with the issue, more elected officials have cautiously begun implementing strict new policies banning homeless camps, as a means to directing the occupants to shelters and services. The Bismarck Tribune found the ordinance largely resembles the measure recently implemented in Fargo.

“The first step is to provide a tool for the law enforcement, for Bismarck Police Department to be able to respond to situations where we do have calls for complaints effectively,” Bismarck city administrator Jason Tomanek, said.

Bismarck’s prohibition on public camping includes exceptions, much like Fargo’s own ordinance. Homeless people will be able to sleep outside in certain designated areas.

Before removing a campsite, the city must provide 24-hour notice. In Fargo, the city offers 48 hours.

A community survey taken on the night of July 10 found that 169 homeless individuals were housed in a shelter, while 63 individuals went unsheltered in Bismarck that evening. Several representatives of shelters and other organizations that provide social services for the homeless spoke out against the proposed ordinance.

“It exposes them to danger, forcing people to move or hide in less visible areas that may expose them to more dangerous conditions,” said Katie Leach.

The ordinance goes on the books as a Class B misdemeanor carrying up to a $1,500 fine. Overall, city commissioners view the homeless camping ban as a deterrent.

City commissioner Michael Connelly argued that without a clear set of guidelines, the problem could only get worse.

“Folks are going to go to the communities that don’t have ordinances, and that’s going to be a huge challenge,” he said.