Butte-Silver Bow Judiciary Committee Meeting - September 25, 2025
Butte-Silver Bow Judiciary Committee Meeting - September 25, 2025
The Judiciary Committee met on September 25, 2025, to discuss three agenda items: a proposed ordinance to regulate marijuana dispensaries, a request to address urban camping on public streets, and procedural moves for an ADA advisory committee amendment and a park playground funding resolution. Two members of the public testified during the urban camping discussion.
Public Comments & Testimony
- Denise Kelly (owner of REMAX at 1341 Harrison Avenue) reported severe problems with homeless individuals camping on her property, including defecation, aggressive behavior, and graffiti. She spent $2,500 to remove bushes to deter camping but still faces issues. She expressed frustration that homelessness is not a protected class and that police response is ineffective.
- Jeff Beckett (resident at 1201 Town Street) described trash left by a camper in a previously clean area near trails, including a mattress, car seat, and garbage. He noted the camper has a vehicle and could easily use the dump, but leaves messes.
Discussion Items
- Communication 2025-310 – Marijuana Ordinance Draft: County Attorney Enruth reported that he and Sean Peterson met with Director Crane to align zoning with a new ordinance capping recreational and medical marijuana dispensaries at 10 in Butte-Silver Bow. The draft will include a grandfathering clause for existing shops, but if a shop closes, moves, or is sold, a license must be available (if cap is reached, they lose the license). Commissioner Callahan asked about a new shop near a school on Utah Street; the county attorney explained it complied with current state law (500 feet on same street) but the new ordinance will use a 500-foot radius from schools, churches, and heavily used parks. The item was held in abeyance for two weeks.
- Communication 2025-374 – Urban Camping: Commissioner Healy requested an ordinance addressing urban camping on public streets. County Attorney Enruth recommended placing the communication on file while they meet on September 29 to review existing ordinances and draft amendments. Citizens Kelly and Beckett testified in support. Commissioner Callahan emphasized that the issue is not about criminalizing homelessness but addressing illegal behavior and trash. Commissioner Healy initially wanted suspension for continued public input, but after discussion a motion was made to hold it in suspense for two months (amended from an earlier suggestion). The motion passed.
- Council Bill 2025-03 – ADA Committee Amendment: Commissioner Morgan noted a procedural error: the ordinance was introduced on September 3, should have gone to Judiciary on September 10 but was left off the agenda, then moved to second reading on September 17. He asked whether to move it to final reading or back to second reading. County Attorney Enruth said either was fine. The committee voted to move it to final reading.
- Resolution 2025-58 – Clark Park Playground Funding: A resolution authorizing application for Land and Water Conservation Fund assistance through Montana Fish, Wildlife & Parks for replacement playground equipment at Clark Park. The committee voted to move it to final reading.
Key Outcomes
- Marijuana ordinance (2025-310): Held in abeyance for two weeks; draft to be presented at next Judiciary meeting.
- Urban camping (2025-374): Held in suspense for two months; Commissioner Healy and County Attorney Enruth will meet and develop an ordinance.
- ADA committee amendment (CB 2025-03): Moved to final reading by unanimous vote.
- Clark Park playground resolution (R 2025-58): Moved to final reading by unanimous vote.
Meeting Transcript
Okay, I'm gonna call um the Judiciary Committee meeting to order for Wednesday September 23rd. Um there's a couple things on tonight's agenda. Start with number one, communication number 2025-310. Matt Enrith, Pizza Robot County Attorney requesting Council of Commissioners authorization for the county attorney's office to draft a new ordinance regulating the sale and distribution of medical and recreational marijuana in Beats of Reboat. County attorney Enru. Yes, uh brief update. Uh Sean Peterson and I sat down with uh Director Crane. Uh we went through what her uh what the zoning ordinances are gonna state with regards to uh medical and um recreational marijuana distribution shops. Uh we came to the conclusion based off of the population in Butte, Montana, and we kind of looked at you know how they do with liquor licenses and things like that, that we are going to cap it at 10. Um we think 10 is an appropriate number, so that will be presented to you in the draft at the next judiciary meeting, along with inside that draft is gonna be all the language that corresponds with what uh director crane was doing with the zoning ordinance, and then there will be a grandfathering clause for shops that are currently in place. Uh however, once a shop closes, tries to move, or um tries to be sold, a license has to be available for that shop to do that. So if there's already 10, if they choose to move, they no longer have a business license here in Vontana. Uh that's one of the ways that we're gonna be able to prevent them from continuing to grow, and it's gonna try and knock them down to that 10. So Sean and I have started working together on that final draft, which we do believe will be ready for next uh judiciary in two weeks. Thank you, County Attorney Enru. Um so if everybody's good at that, we'll continue to hold that in abeyance. If you guys want to make a motion um to do so. Uh Commissioner Callahan. Thank you. Uh I've heard a lot of chatter about the new shop there on Utah Street. Um being that close to the school. Can you give us a little insight on what's going on there? Or is it too close? Is it far enough, or is it not too close currently? Oh, excuse me. Uh County Attorney Enrique. Yes. Uh Commissioners. So currently uh the state law allows for uh medical and recreational marijuana uh dispensaries to be located within a certain amount, uh a certain amount of feet from a school school entrance. The there is no specific state law, there is an administrative rule that then correlates with a larger state law. The administrative rule specifically states that it has to be within 500 feet on the same street. Is not the same as that dispensary. That dispensary is the reason we are doing this. Now, just so everybody is aware, there is a two-year moratorium from the state on any new licenses or any new shops coming up. So we will have time to go back in and do those. We looked into that a lot. We went through everything, we tried everything we could, but they were in compliance per the state law. Commissioner Callahan. Is there any chance we can add some language to our ordinance to correct that problem? Commit or county attorney Ann Ruth. Uh Chairman. Yeah, Commissioner Callahan. That's exactly what we did. Yep, we corrected that. So it's no longer the same street or anything like that. It is a, I believe, 500 foot radius from schools, churches, all the same, pretty basically the same language as bars and things like that. School car. Yep. Um, we've even included uh Sean and I were talking about it, um, certain parks and things like that as well, uh, uh to try and work in the language. Um so it's not too overbroad, but then can specifically limit it to a lot of our parks, particularly like Father Sheen or Staden, where we have lots of children all the time.
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