Traverse City commissioners approved two hotly debated proposals Monday in a marathon four-and-a-half hour meeting, including new prowling/trespassing laws and an attainable housing district.

Commissioners voted 4-3 to approve the prowling and trespassing ordinance changes, with Mayor Amy Shamroe and Commissioners Mitch Treadwell and Lance Boehmer opposed. Prowling is defined as “willfully lurking about, lying in wait, or moving stealthily about private property as if in search of prey or plunder. Approaching a front door or main entrance of a home or building shall not be deemed prowling.” The ordinance states that “no person shall knowingly prowl after dark about premises owned or leased by another without the express or implied consent of that person.”

The proposal requires a police officer to give someone suspected of prowling an opportunity to explain their presence before an arrest, unless they flee or circumstances otherwise make it “impracticable.” Meanwhile, the new trespassing rules state that a police officer can request that anyone violating the city’s parks ordinance leave a park for three days. If the individual refuses to leave, they can be “charged with and/or arrested for trespassing.”

The new laws, which are intended to address recurring public safety issues - including in parks - generated significant backlash in public comment and opposition from groups including the ACLU of Michigan, Michigan Coalition Against Homelessness, and National Homelessness Law Center. Boehmer tried to introduce language to more clearly define prowling after some commissioners expressed concerns it was too vague. The language changes didn't garner enough support to pass, but commissioners indicated they may revisit the definition in the future. The approval vote was met by repeated cries of “shame” from some audience members and one attendee angrily overturning a chair, requiring a brief meeting recess.

Commissioners Monday also unanimously approved establishing an Attainable Housing District. The proposal establishes boundaries in which owners would be eligible for a property tax reduction for providing up to four rental units. Owners must meet several eligibility standards, including being in the R-1a, R-1b, or R-2 neighborhoods and making a new investment of more than $5,000 into the rental property. The goal of Michigan’s Attainable Housing District program is to incentivize owners to fix up their properties to provide rental housing. Tenants of such units under the law can't earn more than 120 percent of the area median income (AMI), though the city plans to incentivize units targeting lower AMI levels with higher scoring on applications.