The Kalispell City Council revisited the city’s controversial ordinance against sleeping in vehicles on city streets during a contentious work session Monday evening.

Council members and community members argued passionately about the ordinance passed in October 2019 that made it a civil infraction—rather than a zoning violation—to sleep in vehicles on city streets.

No action was taken because no formal votes may be taken during a work session.

Council member Tim Kluesner, Mayor Mark Johnson and other proponents of the ordinance cited concerns over public safety, criminal activity, strains on city infrastructure and fears about increased lodging on city streets as reasons to uphold the ordinance.

“My feeling is the scumbag that was parked over by the gully in a fricking ugly-ass motor home could’ve raped and pillaged young women, including my daughter,” Kluesner, reiterating his support of the ordinance. “That’s the kind of crap we don’t need in our neighborhoods.”

Advocates of the ordinance recognize homelessness and affordable housing also need to be addressed, in addition to public safety issues. They discussed homeless people sleeping in the Walmart parking lot as one possible solution.

Mayor Johnson noted, “Sleeping in a car in front of a house in the street isn’t the solution.”

They also touched on a recent incident where individuals sleeping in a vehicle on a Kalispell street were taken to jail on other warrants and one of the people was cited for sleeping in his vehicle. However, Kalispell Police Department Chief Doug Overman pointed out, “That mechanism happens 10 times a week,” referring to police officers approaching people for other violations and learning about existing warrants.

“The only thing different was the additional citation issue…There’s really nothing unusual about this particular case,” Overman pointed out.

But to other council members and some Kalispell residents, this incident represented the unintended consequences of the ordinance on the local homeless population.

Council member Ryan Hunter said the fine that results from this civil infraction “creates yet another barrier for them to get out of their situation.” He said shelter options in the city can only accommodate about half of the existing 300 or so homeless individuals in Kalispell. He said service providers have told him some homeless people have left the area out of fear of this ordinance and in some cases have frozen to death in the past because of a lack of available resources.

Due to the adverse impact the ordinance has on the homeless population and what he sees as a lack of justification for its original approval, Hunter urged the council to rethink the ordinance, potentially repeal it and address issues such as abandoned vehicles through other means like the zoning code.

“This ordinance is doing real harm now,” Hunter stated.

Multiple community members echoed Hunter’s sentiments. One longtime resident called the decision to penalize lodging in vehicles “disgusting,” and another formerly homeless individual shared his story of starting a business to encourage the council to rethink the people who are affected by this legislation.

A representative from the City-County Health Department informed the council that in its last point-in-time survey, 36% of respondents said they were homeless because of housing costs, and 9% said they were homeless as a result of domestic violence.

Jamie Quinn, executive director of the Flathead Food Bank, expressed additional concerns with some council members’ attitude toward homeless community members.

“I don’t equate people who are sleeping in vehicles who are homeless to rapists,” she said in regard to Kluesner’s earlier comment. “That concerns me, that that’s a point of view here…I can tell you, this ordinance, as a female, does not make me feel any safer that I’m not going to be raped,” she added.

She also expressed concern with the mayor’s new task force on homelessness because of a lack of service providers included in the group. She said it seemed there has been “more time spent on a duck issue as opposed to homeless issues,” referring to the council’s work on waterfowl overpopulation in Woodland Park.

Despite the difference of opinions, the council likely won’t reconsider the ordinance.

Mayor Johnson stated, “To me, there isn’t enough to tell me I have to return this or even bring it up at the next council [meeting].”

The council also discussed potential updates to the building and fire codes, including potentially banning propane grills on balconies in apartment complexes.

City Manager Doug Russell said the Woodland Park bird problem had been largely resolved after the birds were adopted over the weekend.

Reporter Bret Anne Serbin may be reached at bserbin@dailyinterlake.com or 758-4459.