CLARKSBURG, W.Va. — By a vote of four to two, Clarksburg City Council has passed the first reading of an ordinance that would ban camping in public areas and unauthorized private property.
If adopted, the first violation of Article 1120 would be a written warning, a second violation would come with a $200 fine, and a third violation within 12 months would increase the fine to $500. Citations will only be issued if the person refuses proper shelter when offered, and each day is considered a separate offense.
Violators can appear in court with an addiction or substance use disorder defense to have their case deferred to treatment.
Clarksburg Councilman Marc Jackson said the measure is not intended to be “heavy handed, but an opportunity to start conversations that will help those in need.
The American Civil Liberties Union-West Virginia has sent a letter to the council protesting the ordinance along with an invitation for further discussion about alternate solutions. Legal Director Aubrey Sparks wrote, “It is the firm position of the American Civil Liberties Union of West Virginia that the proposed ordinance is likely to violate the civil rights and civil liberties of Clarksburg residents, and we therefore urge you to reconsider its passage.”