In the wake of several altercations at Hull Park and an effort by the City of Traverse City to ramp up public safety, city commissioners will consider a proposal to create new prowling and trespassing ordinances tonight (Monday) – one of several items on the commission’s 7pm agenda.

The ordinances, which will be introduced tonight ahead of a possible October 19 enactment vote, would “assist in dispersing gatherings that become concerning and reduce unwanted activity,” according to Police Chief Matt Richmond. He says 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.”

Richmond adds that “for unhoused individuals…I want to reinforce that our goal is to connect those unhoused individuals that may need supportive services with such services.”

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. Richmond notes the language was shaped by input from commissioners – who first considered a prowling ordinance in 2024 – as well as the ACLU.

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. Richmond wrote in a memo to commissioners: “I want to underscore that the City of Traverse City embraces its officers using their professional discretion, and so they will take circumstances into account when making a decision to pursue this option.”

Commissioners previously narrowly rejected a trespassing amendment in April 2025 in a 4-3 vote, with some feeling the amendment was either an overreach or unnecessary given other enforcement tools that are available. The ordinance changes are coming back for another look given “ongoing safety concerns,” Richmond says. City Manager Benjamin Marentette wrote that he supports Richmond’s proposal and recommends “the city commission do the same.”

Also at tonight’s meeting…
> Commissioners will receive an overview of the city’s payment-in-lieu-of-taxes (PILOT) program from City Assessor Amy Robbins. The presentation was originally slated for September 8 but was pulled from the agenda when that meeting went long. Offered as an incentive to encourage workforce housing, a PILOT often sees a developer pay a defined percentage of net shelter rents to the local municipality – as well as some type of fee for municipal services – instead of traditional property taxes. Commissioners will weigh in on whether they want to cap the number of PILOTs in the city and whether the city’s scoring criteria and rubric should be updated.

> Commissioners will also hear a staff presentation on Proposal 1, the city ballot proposal to extend downtown’s TIF 97 plan under a new name – the Infrastructure First TIF plan – with a new list of projects planned for the next 20 years. Marentette says it’s important the city “provide a public forum where residents can hear the (ballot) information presented in a clear and accessible manner,” adding: “State law requires the city to remain neutral in an election and limits the use of public resources for advocacy, and I take that seriously. Accordingly, this presentation is not intended to persuade or dissuade voters.” The presentation instead will provide “factual information about how TIF works” as well as the history of TIF 97 and changes that would occur under Proposal 1, according to Marentette.

> Commissioners will go into closed session for multiple items, including to discuss a proposal from the Northwest Regional Airport Authority – which oversees Cherry Capital Airport – to offer a $1 million licensing agreement for tree maintenance at the city’s Oakwood Cemetery. Commissioners will also hold periodic personnel reviews of Marentette and the city’s attorney.