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HomeMy WebLinkAbout4341 OrdinanceORDINANCE NO. 4.3 y I AN ORDINANCE of the City of Pasco, Washington Creating PMC Chapter 9.90 "Unauthorized Camping" WH EREAS , unauthorized camping directl y impact s th e public hea lth, safety, welfare, financial inte grity and prope rty of the res ide nts and visitors of the City of Pasco; and WHEREAS , the City of Pasco has receiv ed a number of compl ai nts, including reports of c riminal activity and other safet y c oncern s, related to the use of public property and public right of ways for unauthori zed camping or storage of personal property; and WHEREAS , unauthori zed camping on public property a nd on public right of ways creates publi c hea lth and safety haza rd s du e t o the lac k of proper e lectric al, sanitary, heati ng and utility facilities; and WHEREAS , use of public property for unauthorized camping purposes or stora ge of p erson prop e1ty interferes with the ri ght of others to use the areas for which th ey were intend ed; and WHEREAS , use of public pro perty for unauthori zed ca mping purposes or stora ge of p ersonal property a lso crea t es v isua l bli ght, which in turn adversely impacts the aesthetics and v isua l attractiveness of the C ity, and adversely impa ct s t ouri sm and the welfare of the citizens of Pasco; and WHEREAS, the City of Pasco recognizes th at tho se utiliz ing public property and right of ways for unauthori zed camping and storage of persona l property often are in need of informatio n regarding ava il abl e community services and resources to addre ss housing, mental illness, and drug addiction; and WHEREAS , the C ity of Pasco des ires to prov ide such info 1mation and encourage use o f those available reso urc es; and WHEREAS, the C ity of Pasco seeks to ensure the public health, safet y, welfare, a nd property of its res idents and visitors alike; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Ch apter 9.90 of the Pasco Municipal Cod e entitl ed "Unauthorized Camping"' shall be and her eb y is created and shall read as follow s: Ordinance Creating PMC 9.90 -I Chapter 9.90 UNAUTHORIZED CAMPING Sections: 9.90 .010 Purpose and public duty created. 9.90.020 Definitions. 9.90 .030 Unauthorized camping. 9.90.040 Unauthorized s torage of p ersonal property in public places. 9 .9 0 .0 50 Penalty for violations. 9 .90.010 PURPOSE AND PUBLIC DUTY CREATED. It is the purpose of this Chap ter to preve nt harm to the hea lth, safety and welfare of the public, and to promote the public health, safety, genera l welfare and economic health and well-being of th e C ity by making public streets, s idewalks and other public a reas readil y accessibl e to the public, and to prevent the use of public property for camping purposes or storage of personal prope 1ty which interfe re s with the rights of others to use the areas for which they were intended . It is also the purpose of this Chapter to help prevent harm to those p ersons seeking to u se public property for camping purposes from inadequate electrical , sanitary, water, storage and other faciliti es. It is express ly the purpose of this Chapter to provide for and promote the health, safety and welfare of the gen eral public a nd not to create, either express ly or implicitly, or otherwi se establi s h or designate an y p articular class or group o f persons or individuals who w ill or should b e especially protected or benefited by the terms of this Chapter. Nothing in thi s C hapter i s intend ed no r shall be constru e d to create or form the basis of any liability on the part of the Ci t y or its officers, employees or agents, for an y injury or damage res ulting fr om an y action or inaction on th e pa11 of th e C ity rel at ed in any manne r to the interpretation or enforcement of thi s Chapter by its officers, employees or agents. 9.90 .020 shall apply: DEFINITIO NS. For purposes of this Ch ap te r, the following d e finition s A) "Camp " means to pitch, erect or occupy camp facilities, or to use camp paraphernalia or both for the purposes of, or in suc h a way as will permit rem aining overni ght or for h abitati o n or temporary li ving quarters; or parking a trailer, camper, or other vehicle for the purposes of r em a ining overnight or fo r habitation or temporary li v ing quarters. B) "Camp facilities" include, but are not limited to , tents, huts, t emporary shelters, or vehicl es. C) "Camp p arapherna li a" includes, but is not limited to , t arpaulins, cot s, beds, sleeping bags, hammock s or coo king facilities and similar equipment. D) ·'Park " means and includes all City p arks, public squares, park dri ves, parkways, and play and recreation ground s und er the juris diction of the parks and recreation director as established by PMC Chapter 9.48. Ordinance Creating PMC 9.90 -2 E) "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to pla ce or leave in a lo catio n . F) "Street" includes any highway, lane, road, street , right-of-way, boulevard, alley and every way or place in the City open as a matter of right to public vehicular travel. 9.90.030 UNAUTHORIZED CAMPING . It s ha ll be unl aw ful for any person to camp, occupy camp faciliti es or use camp paraphernalia in an y park o r playfield owned by the City, or on any sidewalk, street, alley, lane, public right-of-way, or under a ny bridge or viaduct, or in any other public place to which th e general public has access, except in park areas de s ignated b y the Administrative & Community Services Director , or as otherwi se provided by ordinance. 9.90.040 UNAUTHORIZED STORAGE OF PERSONAL PROPERTY IN PUB LI C PLACES. It sh a ll be unlawful for any person to sto re p ersona l property, including camp facilities and camp paraphernalia, in a ny park o r playfield owned by the C ity, or on an y s id ewalk, street, alley, lane, public right-of-way, or under any bridge or viaduct, or in any other public place to w hich th e general public h as access, except in park areas des ignated by the Admini strative & Community Services Director, or as otherwise provided b y ordinance. 9.90.050 PENALTY FOR VIOLATIONS. A) Vio lation of any of the provisions of this Chapter is a Class 1 civil infraction, however, any subsequent vio lation within a 24-month period of time shall be a misdemeanor offense and sh all be punished upon convictio n of s uch v iolati on by a fine of not more th an o ne thousand dollars, or by impri so nment not to exceed ninety d ays, or b y both such fine and imprisonment. B) Law or code en fo rcem ent o ffi cers s h all not enfo rce the unauthorized campi ng provisions of Section 9.90.030 when no alternative accommodations are available. As u sed in this section, an a lt ernative accommodation is available if (1 ) a community service faci li ty ha s availabl e vouchers that a ll ow an ind ividual or fa mily experiencing homelessness to stay overni ght at a hot el or motel w ithout ch arge; or (2) space is available without charge at any co mmunity service fac iliti es level two as defined in PMC Section 25.12.156 for an individua l or fa mil y experi encing home less ness; or (3) space is ava il abl e for an overnigh t st ay w ithout charge at a public or private sh e lt er open to an individual or family experiencing homelessness . If an indi vidual or family cannot u se an avai lable accommodation because of the individual or fam ily member's sex, familial or ma1it a l st atus , reli gious b eli efs, disability, or length-of-stay restrictions , the accommodat ion i s not co nsidered available. The accommodation is considered available if the individu a l could not u se the accommodation due to voluntary ac ti on s such as intoxication, drug use, unruly behav ior or vio lation of s he lter rules. C) Prior to and in lieu of the filing of a notice of infractio n , first t im e offend ers shall be issued a no n criminal noti ce, a copy of this Chapter, and a r esource list of community pro v iders of ho us ing, mental health, alcohol depende nce , and/or drug addict ion treatment services. This provision does not establish or otherwise obligate the City or it s employees to provi de said services, nor does it establish any right to s uch services by any person. Ordinance Creating PMC 9.90 -3 Section 2. This Ordinance s hall take full fo rce and effect five (5) days after its approval, passage, and publication as required by law . PASS E D by the City Council of the provided by law thi s ZO%ay of A\o r c,.-l, 41/&_~ Matt Watkins, M ayor ATTEST: ~fl, Sandy Ke lerk City of Pasco, Washington, and approved as '2017 . APPR°c?° AS TO FORM : t...~~~ Le l and B. K err, City Attorney Ordi nance Creating PMC 9 .90 -4