HomeMy WebLinkAbout08-08-23 Public Comment - R. Blank - Proposed Ordinance 2147 - Regulations For Camping on City Rights of WayFrom:RogerBlankEsq
To:Agenda
Subject:[EXTERNAL]Proposed Ordinance 2147 - Regulations For Camping on City Rights of Way
Date:Tuesday, August 8, 2023 11:21:30 AM
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Dear Commissioners,
Although the proposed regulation is based on a legally incorrect interpretation of Martin v.
Boise and Johnson v. City of Grants Pass referenced in the preamble, which are onlyapplicable to criminalizing indigent street camping, not the situation facing Bozeman;
Bozeman already has sufficient sections of the municipal code to address our issues andenforcement there of which would not run afoul of either decision. However, this ordinance
does nonetheless represents an improvement over the city commissioners prior completeabdication for the past two (2) years of their responsibility to the tax paying residents of
Bozeman.
I therefore support the adoption of Ordinance 2147, however, I also propose that the five (5)consecutive day time period referenced in Sec. 34.09.020 be reduced to three (3) consecutive
days and further that it be effective upon adoption unless the thirty (30) day time period is astatutory or state constitutional requirement.
Regards,
Roger S. Blank Blank Law, P.C. a Montana Professional Corp.*
2201 Baxter Lane, Suite 10295 Bozeman, Montana 59718-9998
Tele:917-720-5724Fax: 406-295-1680
Cell: 917-882-2133RogerBlankEsq@mac.com
*Admitted before the Courts of New York State, the Southern and Eastern Federal Districts of
New York and The Supreme Court of the United States.
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