Traverse City commissioners took the next step toward creating new prowling and trespassing laws in the city Monday at a contentious meeting that drew extensive public comment. Commissioners will vote to actually enact the new ordinances at their October 19 meeting.

The ordinances are intended to “assist in dispersing gatherings that become concerning and reduce unwanted activity,” according to Police Chief Matt Richmond. He said the ordinances “are not aimed solely at activities problematic for unhoused individuals but will, in some cases, address certain activities seen in Hull Park. These ordinances can be of value for concerning behavior for individuals of any housing status.”

The first part of the proposal would create a new prowling ordinance. 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.” No one will be convicted of a prowling offense if an officer fails to comply with that requirement or disregards a reasonable explanation for a person’s presence. A violation is a misdemeanor punishable by up to 93 days in jail and/or a fine not to exceed $500.

The second part of the proposal would add a trespassing section to the city’s parks ordinance. It states that a police officer can request that anyone violating the ordinance leave a park for three days. If the individual refuses to leave, they can be “charged with and/or arrested for trespassing,” the proposed language states.

The ordinances drew lengthy and at times combative public comment. Several commenters accused the city of targeting the unhoused with the new rules and said they would infringe on individual rights. An outburst by one commenter, who began screaming obscenities at commissioners, required the meeting to halt so he could be escorted from the building. Commissioner Mitch Treadwell also questioned the necessity of the ordinances, saying the city already had rules on the books that would address various criminal activities in parks. He questioned the capacity of law enforcement to enforce yet more regulations and the courthouse to handle an increased caseload.

However, others said the ordinances would serve as an important tool to address problematic behavior in public parks - including Hull Park - irrespective of housing status. Multiple members of Traverse Area Community Sailing described an unsustainable future for the organization if issues in Hull Park are not addressed, citing concerns for the safety of children in the program and a range of recurring issues that include littering, assaults, human feces on docks, and public alcohol use. City Manager Benjamin Marentette also emphasized the city's commitment to addressing homelessness, saying it was a complex issue requiring both compassion and accountability and a wide range of solutions to enact systemic change.

Commissioners voted 5-1 to move the ordinances forward to an October 19 enactment vote, with Treadwell opposed and Commissioner Lance Boehmer absent. If approved at that meeting, the ordinances would go into effect October 29.