Ordinance 23-003 SVMC 6.15 closed properties CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.23-003
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING CHAPTER 6.15 RELATING TO MANAGEMENT OF
PROPERTIES CLOSED TO PUBLIC USE; AND OTHER MATTERS RELATING
THERETO.
WHEREAS,the City of Spokane Valley has the authority to manage property it owns or otherwise
controls pursuant to RCW 35A.13.020, including "...the acquisition, sale, ownership, improvement,
maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or
beautification of public ways, real property of all kinds,waterways, structures, or any other improvement
or use of real or personal property; and
WHEREAS, the City owns or controls various parcels of real property inside and outside of its
municipal boundaries; and
WHEREAS, some of the properties owned or controlled by the City are suitable for public use in
some manner, such as City Hall,the Police Precinct, and CenterPlace Regional Events Center; and
WHEREAS, other properties owned by the City are not intended for public use because they may
relate to internal operations of the City,because they are Ieased to third-parties, because they have not been
made safe for public use, or because the City has not yet identified a suitable public use; and
WHEREAS,the City needs to be able to control access to properties identified by Council as being
closed in order to protect the public health, safety, and welfare of its citizens.
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Adoption of a new chapter 6.15 of the Spokane Valley Municipal.Code. Chapter
6.15 of the Spokane Valley Municipal Code is adopted in as follows:
6.15.005 Purpose.
City facilities are established and maintained for different public purposes, some of which are available for
use by the public and some of which are not. This chapter is intended to clarify that City Council may
designate certain real property owned by the City as closed to public use. Adoption of chapter 6.15 SVMC
is an exercise of the police power of the City, and its provisions shall be liberally construed for the
preservation and protection of the natural environment, public peace, health, safety, and welfare. This
chapter is not intended to regulate park property,which is regulated pursuant to chapter 6.05 SVMC.
6.15.010 Definitions.
The definitions provided herein are supplemental to the definitions provided in Appendix A and only apply
for use with chapter 6.15 SVMC. Solely for purposes of chapter 6.15 SVMC, if a conflict exists between
these definitions and the definitions in Appendix A, these definitions shall govern.:
"City"means the City of Spokane Valley,Washington.
"City facility closed to the public" means any facility owned or controlled by the City which has been
identified through resolution adopted by the City Council as being closed to the public.
Ordinance 23-003 Adopting Chapter 6.15 SVMC—City Property Closed to Public Use Page 1 of 3
"City facility open to the public"means any facility owned or controlled by the City,except facilities used
for park-related purposes pursuant to chapter 6.05 SVMC, and which are generally open to the public at
times and for purposes as established by the City Council or the City Manager.
"Motor vehicle"means any self-propelled device capable of being moved upon a road and in, upon, or by
which any persons or property may be transported, including but not limited to automobiles, trucks,
motorcycles, mopeds, Class 2 or Class 3 motorized bicycles,motorized foot scooters, golf carts, all-terrain
vehicles or similar-type all-wheel-drive vehicles, and snowmobiles, whether or not they can be legally
operated upon the public highways.
"Person" means any individual, group, firm, partnership, corporation, association, or club. City staff are
excluded from this definition.
6.15.020 City facilities open to the public.
City facilities open to the public are subject to the hours of operation set forth in SVMC 2.05.010,and may
be used in a manner established either by City Council by resolution, or by written directive of the City
Manager.
6.15.030 City facilities closed to the public.
The City Council may by resolution designate certain facilities owned or controlled by the City as being
closed to the public. Facilities designated as City facilities closed to the public shall not be entered into or
used in any way by any person except as may be set forth in writing by the City. No motor vehicles shall
be permitted on City facilities closed to the public and are subject to impoundment pursuant to chapter
46.55 RCW after 24-hour notice.
6.15.040 Newly acquired real property closed to public use until opened by Council
Any real property acquired by the City, with the exception of real property acquired for public park
purposes,shall be closed to public use until the City Council designates it open to public use,except as may
be permitted in writing by the City.
6.15.050 Violation—Infraction-trespass.
A. Any person violating chapter 6.15 SVMC shall have committed a class 3 infraction.
B. Any person violating SVMC 6.15.030 is also subject to immediate trespass from the subject property
pursuant to the procedures set forth in chapter 6.10 SVMC.
C. Chapter 6.15 is not intended to conflict with or alter the provisions of chapter 6.10 SVMC relating to
trespass from City property and facilities relating.to engaging in behavior that is dangerous, illegal, or
unreasonably disruptive.
6.15.060 Rules and policy.
The City Manager may develop rules, policies, and forms to implement chapter 6.15 SVMC.
Section 2. 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 3. Effective Date. This Ordinance shall be in full force and effect five days after the date
of publication of this Ordinance or a summary thereof in the official newspaper of the City.
Ordinance 23-003 Adopting Chapter 6.15 SVMC—City Property Closed to Public Use Page 2 of 3
PASSED by the City Council this 31"day of January, 2023.
Q
Pam Haley,Mayor
ATTES .
Christine Bainbridge, City Clerk
Approved As To Form:
O4ec1AUome7 `l
Date of Publication: /U' r d
Effective Date: A - / 6
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