Baxter has become at least the fourth Minnesota city to prohibit homeless encampments on public property this year. The Crow Wing County city followed through on a summer work shop focusing on the issue with an ordinance similar to the one implemented in nearby Brainerd. The ordinance enables the two cities to take a more consistent approach to dealing with a problem that’s become more widespread in cities big and small, according to the Brainerd Dispatch.
Baxter has also heard from residents about concerns for people camping in the tunnel used by pedestrians and bicyclists beneath Highway 210. Baxter noted in its ordinance language that encampments tend to accumulate garbage and human waste, with other hazards in drug paraphernalia and unchecked fires. The city also noted efforts to connect unhoused individuals with services as well as an obligation to make best efforts to provide a safe and clean environment for community members.
“Access to parks, trails, schools, green spaces, public transportation, and the protection of public utilities and infrastructure is a community good for all,” ordinance language states. “While many unhoused individuals are able to exist in a space that does not cause public disruption, it is also true that many encampments do create significant harms, for both the unhoused individuals as well as members of the public attempting to use the same spaces.”
The ordinance prohibits any temporary shelter from going up on public spaces not specifically designated for camping. It also outlaws tents or encampments on private property without the owner’s permission. The measure also states authorities can clear out camps that violate the ordinance and get rid of anything left behind.
Camping materials or personal property associated with a camping area in violation of the ordinance may be removed, disposed of, or cleaned up and disposed of by the city or its contractor.
As a criminal penalty, Baxter is listing any violation as a misdemeanor with a sentence of not more than 90 days and a fine of not more than $1,000 or both. No one may be prosecuted unless they’ve been informed of charitable and social services available, including shelter options or daytime services. They can also not be prosecuted unless they’ve been warned their conduct is in violation. The city stated a person who has been warmed and relocates to another space will have a reasonable understanding that new site is also covered by the section and therefore a new warning is not required.
Baxter and other cities were freed up to take decisive action to protect public safety, while directing the homeless to social services, by a U.S. Supreme Court decision in June granting local authorities more leeway on the issue. Look for many more communities to follow their lead in the months to come.