The Ennis Police Department and any other law enforcement agency in the State of Montana is authorized to enforce the provisions of this Chapter.
A. Camp Grounds or Designate Area. Any person who establishes a Camp or Vehicle Camp or is Camping outside of any designated Camp Grounds or Designated Area shall be in violation of this Chapter subject to all penalty provisions and civil fines. A valid Camping Permit or Vehicle Camping Permit shall be no defense to any violation if the person’s activity, site, camp, storage, vehicle camp or other campsite is outside of a Designated Area or or Camp Grounds.
B. Homelessness Defense.
1. Any person who is homeless and for whom no homeless shelter or space is available may defend a violation of this Chapter on credible evidence showing that the person is homeless and that no homeless shelter is available at the time of the alleged violation. As a condition precedent to the availability of the defense provided herein, the person must show that the person was in possession of a valid Camping Permit.
2. Any person who does not have a valid Camping Permit or Vehicle Camping Permit shall not be entitled to assert the Homelessness Defense.
3. The Homelessness Defense shall not be available to any person charged with a violation of the provisions of this Chapter regarding “Sanitation” “Open Display of Alcohol or Drugs” or “Unlawful Conduct.”
Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. (Ord. 153, 12-8-2022; amd. Ord. 155-2023, 7-27-2023)