Ordinance 21-004 amending public camping CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.21-004
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING CHAPTER 7.50 OF THE SPOKANE VALLEY
MUNICIPAL CODE REGARDING REGULATION OF CAMPING ON PUBLIC
PROPERTY,AND OTHER MATTERS RELATING THERETO.
WHEREAS, the City of Spokane Valley (City) is a non-charter optional code city as provided in
Title 35A RCW and incorporated under the laws of the state of Washington; and
WHEREAS, pursuant to Article XI, Section 11 of the Washington Constitution and RCW
35A.11.020, the City is authorized to regulate City-owned public property, including City Hall,
CenterPlace,parks, public rights-of-way, and all other public property within the City;and
WHEREAS, camping on public property, including City Hall, CenterPlace, the Appleway Trail,
the Spokane Valley Police Precinct,the Spokane Valley Maintenance Shop,parks,park fixtures,structures,
and facilities,public rights-of-way,stormwater drainage facilities,and other public property, is a significant
public health and safety concern due to interference with other intended uses, including, but not limited to
daily operations of the City, events at CenterPlace, pedestrian and bicycle use along the Appleway Trail,
park recreational fixtures, structures,facilities, and activities, provision of police services and public safety
services, pedestrian,bicycle and vehicular traffic, and other public uses; and
WHEREAS, camping without adequate sanitation services, such as sewer, water, and garbage,
presents a significant public health and safety concern due to increased risk of spread of disease and
potential for citizens contracting illnesses; and
WHEREAS,public property is intended for, and should be, available to the public for its intended
purposes, including daily City operations, park recreational use, pedestrian, bicycle and vehicular
transportation, and other public uses; and
WHEREAS, camping in such public areas does not allow the public to use those areas for the
intended purposes; and
WHEREAS, camping should only occur in designated campgrounds with proper facilities; and
WHEREAS, pursuant to Martin v. City of Boise, 920 F.3d 584 (9`" Cir. 2019) the Ninth Circuit
Court of Appeals (1) determined that the United States Constitution prohibits imposition of criminal
penalties for sitting, sleeping, or lying outside on public property, on homeless individuals who could not
obtain shelter; and (2) identified that ordinances prohibiting sitting, lying, or sleeping outside at particular
times or in particular locations may be constitutionally permissible since other public space would still be
available,regardless of available shelter space; and
WHEREAS,on November 12,2019,the City adopted chapter 7.50 SVMC to regulate camping on
public property; and
WHEREAS, the City has seen success in its recent collaborative efforts with outside agencies to
assist persons experiencing homelessness with obtaining permanent housing and moving towards exiting
homelessness; and
Ordinance 21-004 Camping Regulation Amendments Page 1 of 7
WHEREAS, the City Council recognizes the importance of working with our Housing and
Homeless Coordinator, outside and contracted agencies to increase success rates of exiting homelessness;
and
WHEREAS the City desires to balance the time, efforts, programs, and work of those providing
assistance to those experiencing homelessness to work towards exiting homelessness with the need to
provide for public health and safety by providing lawful limits on the impacts from illegal camping and to
ensure that the City and public may still use City property for intended purposes, including but not limited
to daily City operations,park recreational use,pedestrian, bicycle and vehicular transportation,stormwater
control,and other public purposes; and
WHEREAS, the City Council hereby finds that the regulatory requirements established by the
proposed amendments provide for lawful limits on illegal camping to provide for public health and safety
and to allow public use of City facilities for intended purposes, while also ensuring the rights and
opportunities of those experiencing homelessness are appropriately maintained and protected; and
WHEREAS, the City Council finds that pursuant to the Court's decision in Martin, there would
still be a significant amount of public space available, if there is not sufficient shelter space, even after
adoption of the proposed amendments prohibiting camping within certain locations of the City regardless
of available shelter space; and
WHEREAS, the City Council hereby finds that the regulatory requirements established by the
proposed amendments are necessary for the preservation of the public peace,health,safety, and welfare.
NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Findings. The City Council hereby finds that the recitals set forth above are hereby
adopted as findings for this Ordinance and incorporated herein as such.
Section 2. Amendment. Chapter 7.50 SVMC is hereby amended as set forth below:
7.05.010 Purpose.
It is the purpose of this chapter to prevent harm to the health and safety of the public and environment, and
to promote the public health, safety and general welfare and environment by keeping public streets,
sidewalks, parks, and other City-owned and/or City-maintained public property within the City readily
accessible to the public, and to prevent use of City-owned and/or City maintained public property for
camping purposes or storage of personal property which interferes with the rights of others to use the areas
for the purposes for which they were intended.
7.50.015 Definitions.
The following definitions are applicable in this chapter unless the context otherwise requires:
"actively engaged in the process of exiting homelessness" means an individual is presently
participating in the activities necessary to achieve housing, whether temporary or permanent. The
City of Spokane Valley recognizes that availability of permanent housing,transitional housing and
treatment services will impact an individual's ability to successfully move out of homelessness into
housing; and therefore, there are no specific timelines outlined within chapter 7.50 SVMC. Such
status shall be determined by the City Manager or designee. When determining whether an
individual is actively engaged in the process of exiting homelessness,the City Manager or designee
shall take into account whether the individual is:
Ordinance 21-004 Camping Regulation Amendments Page 2 of 7
1. In a HUD-approved local database(currently the"Community Management
Information System" ("CMIS"))with an active enrollment in an outreach project and/or
coordinated entry; or
2. Working with a non-CMIS entering service provider; or
3. Actively working with a street outreach project towards permanent housing or any other
intervention requested by the individual (for example, treatment). "Actively working"
includes:
a. The outreach worker is building rapport with the individual and has not yet
entered any enrollment into CMIS; or
b.The outreach worker and individual are(i)in the documentation gathering phase
for purposes of accessing housing or treatment facilities, and (ii)the individual is
attending required appointments in order to achieve housing or treatment options;
or
4. participating in any other activity, program, or process deemed necessary to secure
permanent housing.
"camp" means to pitch, erect or occupy camp facilities, or to use camp paraphernalia or both for
the purpose of, or in such a way as will facilitate remaining overnight, or parking a camper,
recreational vehicle,trailer, or other vehicle for the purpose of remaining overnight.
"camp facilities" include, but are not limited to, tents, huts, temporary shelters, campers,
recreational vehicles, or trailers.
"camp paraphernalia"includes,but is not limited to tarpaulins,cots,beds,sleeping bags,hammocks
or cooking facilities and similar equipment.
"contraband"means any property that is unlawful to produce or possess.
"litter"shall have the same meaning as used in RCW 70.93.030(6) and (11) as adopted or may be
amended.
"park or park facility" means any real property, building, structure, equipment, sign, shelter,
swimming pool,vegetation,playground,or other physical property owned or controlled by the City
for park purposes. Park or park facility includes all associated areas, including but not limited to
parking lots for parks and pools.
"personal property"means an item that is:
1. reasonably recognizable as belonging to a person;
2. in its present condition has apparent utility and/or value; and
3. is not hazardous or unsanitary.
"right-of-way" shall have the same meaning as is stated in SVMC Appendix A.
"solid waste" shall have the same meaning as used in RCW 70.95.030(22) as adopted or may be
amended.
"store" means to put aside or accumulate for use when needed,to put for safekeeping, to place or
leave in a location.
"stormwater drainage facility" shall have the same meaning as is stated in Appendix A of
the SVMC.
Ordinance 21-004 Camping Regulation Amendments Page 3 of 7
"trail" means a public path constructed for the primary purpose of allowing recreational non-
motorized transportation. The City currently has two trail systems, the Centennial Trail and the
Appleway Trail.
"unauthorized encampment"means two or more camp facilities in an identifiable area which appear
to be used for unlawful camping. For purposes of this chapter an identifiable area includes areas
where the camp facilities are in sight of each other and/or areas where each camp facility is located
within 300 feet of another camp facility.
7.50.020 Unlawful camping.
It is unlawful for any person to camp in the following City-owned and/or City maintained areas, except as
otherwise provided by the Spokane Valley Municipal Code or where specifically designated:
A. Any right-of-way;
B. Any trail, park, or park facility;
C. Any publicly-owned parking lot or publicly-owned area, improved or unimproved;
D. Any publicly-owned stormwater drainage facility; or
E. Any other City-owned or City-maintained property.
7.50.025 Storage of personal property in public places.
It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia,
in the following City-owned and/or City maintained areas, except as otherwise provided by the Spokane
Valley Municipal Code:
A.Any right-of-way;
B.Any trail, park, or park facility;
C. Any publicly-owned parking lot or publicly-owned area, improved or unimproved;
D.Any publicly-owned stormwater drainage facility; or
E. Any other City-owned or City-maintained property.
This section shall not apply to vehicles, including trailers, recreational vehicles, and campers, which are
unoccupied and parked in rights-of-way, unless otherwise prohibited by law.
7.50.030 Removal of unauthorized encampments and individual camps.
Upon a determination by law enforcement or designated City personnel that an area constitutes an
unauthorized encampment or that an individual is engaged in unlawful camping or storage of personal
property in public places, the personal property, camping paraphernalia, camp facilities, and all other
property, contraband, litter, and solid waste may be removed subject to the following provisions:
A. If the unauthorized encampment, unlawful camping, or unlawful storage of personal property
results in an immediate and significant risk of harm to any person or impedes pedestrian or
vehicular traffic,then police,City staff, or contracted agent may immediately remove any personal
property,camping paraphernalia,camp facilities,and all other property,contraband,litter,and solid
waste, which shall be stored or disposed in the same manner as set forth in SVMC 7.50.030(B)(2).
B. Prior to removing property from an unauthorized encampment or unlawful camp, or removing
personal property unlawfully stored on City-owned or City-maintained public property other than
those specified in SVMC 7.50.030(A),the following shall occur:
Ordinance 21-004 Camping Regulation Amendments Page 4 of 7
1.The City shall post at least a 48-hour advanced notice,which shall include the following:
a.The address or location of the unauthorized encampment, unlawful camping, or
unlawful storage of personal property;
b. A statement that camping or storage activity is prohibited by SVMC 7.50.020,
7.50.025, and/or 7.50.030;
c.A statement that any individual continuing to use the area for unlawful camping
or storage of personal property may be subject to criminal penalties pursuant to
chapter 7.50 SVMC.
d. A statement that any personal property, camping paraphernalia, camp facilities,
and all other property,contraband,litter,and solid waste remaining after the notice
period is subject to removal and, as may be applicable, temporary storage by the
City.
2. At the end of the 48-hour notice period, any personal property, camping paraphernalia,
camp facilities, and all other property, contraband, litter, and solid waste may be removed
by City personnel or agents thereof
a. Any personal property that is removed shall be stored by the City for at least 60
days prior to being disposed.
b. Notice of where personal property removed from the encampment may be
claimed shall be posted at the location.
c.If the name and contact information for the owner of a particular item of personal
property can reasonably be identified, the City shall attempt to contact the
identified owner and provide notice that the item has been removed and how to
claim the item.
d. Any contraband located at the area shall be seized and properly disposed or
retained as evidence of criminal activity.
e. Any litter or solid waste found at the area shall be properly disposed.
C. Any individual who receives a notice under this section, or whose property is removed from an
area pursuant to this section, has a right to meet with the City Manager or designee to raise any
concerns, objections, or extenuating circumstances. At the conclusion of the meeting, the City
representative shall prepare a written decision detailing the individual's concerns, as well as the
City's response. Notice and procedure to set up a meeting shall be posted at or near the
encampment site. If an individual requests a meeting prior to removal of property,the removal of
the individual's property shall be stayed pending resolution of the meeting;provided that removal
may still occur if the personal property, camping paraphernalia, camp facilities, or other property,
contraband, litter, and solid waste constitutes an immediate threat to the public health, safety, or
welfare.
7.50.040-Penalty for violations.
Violation of any of the provisions of chapter 7.50 SVMC is a misdemeanor, and shall be punished upon
conviction of such violation by a fine of not more than$1,000 or by confinement not to exceed 90 days,or
by both such fine and confinement.
7.50.050 Enforcement suspended.
A. Except as otherwise provided in this section,enforcement of criminal provisions of this chapter
shall be suspended any time there is no space or beds available in regional homeless shelters that
accept patrons from the City, to the extent such available space or beds are required by law. In
such circumstances, all provisions of this chapter shall continue to apply to camping, storage of
Ordinance 21-004 Camping Regulation Amendments Page 5 of 7
personal property, including camp facilities and camp paraphernalia, and unauthorized
encampments at the following:
1. The real property containing City Hall (Spokane County parcel number 45201.0122),
Balfour Park(Spokane County parcel numbers 45174.9061,45174.9062,45174.9031,and
45174.9059), CenterPlace/Mirabeau Meadows (Spokane County parcel number
45105.9010),Appleway Trail (Spokane County parcel numbers 45215.3101, 45222.3201,
45221.9191, 45221.9204, 45232.9123, 45231.3401, 45242.0901, 45241.9112,
55192.9048, 55185.9022, and 55173.2901), Spokane Valley Precinct (Spokane County
parcel numbers 45222.0227 and 45222.0230),and the Spokane Valley Street Maintenance
Shop (Spokane County parcel numbers 45121.9118);
2. Park facilities, including but not limited to all buildings, structures, equipment, signs,
shelters, swimming pools, water recreation facilities, playgrounds, bathrooms, courts or
designated sports fields available for reservation, or any other fixture or improvement and
the real property within 30 feet of such facilities. Unless constructed as a part of such park
facility, natural vegetation shall not be considered to be a "park facility" for purposes of
this section;
3. Public rights-of-way and City-owned real property within 30 feet of such rights-of-
way; and
4. Publicly-owned stormwater drainage facilities.
B. Enforcement of the criminal provisions of this chapter may also be temporarily suspended by
law enforcement or the City Manager or designee for the purpose of allowing an individual actively
engaged in the process of exiting homelessness to continue working towards exiting homelessness;
provided that such suspension shall not authorize any individual to be located at any of the locations
identified in SVMC 7.50.050(A). Such suspension may only occur during the period while an
individual is actively engaged in the process of exiting homelessness. Nothing in this section shall
guarantee or create rights to have enforcement of this chapter waived or suspended for any
individual found to be violating the terms of this chapter. This section shall not preclude
enforcement of this chapter against a person actively engaged in exiting homelessness where the
violation results in a significant risk of harm to any person or impedes pedestrian or vehicular
traffic, or where the person violates any other federal, state, or local law. Further, nothing in this
section shall preclude the City to require an individual to move from any location identified in
SVMC 7.50.050(A) to other available public property. Failure to work toward exiting homeless
and/or failure to follow other park and City regulations will result in immediate enforcement of
chapter 7.50 SVMC subject to shelter bed availability as required by law.
The City Manager may adopt such rules and procedures necessary to identify individuals actively
engaged in exiting homelessness and to notify the Spokane Valley Police Department of such
individuals.
C. Nothing in this chapter shall preclude enforcement of any other federal, state, or local laws,
including enforcement of chapter 6.05 SVMC.
1.50.060 Severability.
If any portion of this chapter, or its application to any person or circumstances, is held invalid,the validity
of the chapter as a whole, or any other portion thereof, or the application of the provision to other persons
or circumstances is not affected.
Ordinance 21-004 Camping Regulation Amendments Page 6 of 7
Section 3. Other sections unchanged. All other provisions of Title 7 SVMC not specifically
referenced hereto shall remain in full force and effect.
Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional 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.
Section 5. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed by the City Council this 13th day of April, 2021.
ATE Lam'
r - Ben Wick, Mayor
AA A ti i It '. ,
Christine Bainbri.ge, City +0•k
Approved as to Form:
Office o City Attorney
Date of Publication: 4/16/2021
Effective Date: 4/21/2021
Ordinance 21-004 Camping Regulation Amendments Page 7 of 7