Chapter 9.32
REGULATION OF PUBLIC PROPERTY WITH RESPECT TO CAMPS AND CAMPING
Sections:
9.32.060 Unattended personal property on city property prohibited.
9.32.010 Purpose.
This chapter defines regulations for use of public property as it relates to camps, camping and leaving unattended personal belongings on public property. (Ord. 24-892 § 1, 2024)
9.32.020 Short title.
This chapter shall be known as the regulation of public property with respect to camps and camping ordinance. (Ord. 24-892 § 2, 2024)
9.32.030 Definitions.
For purposes of this chapter, and unless the context specifically requires otherwise, as used in this chapter, the following words and phrases mean:
A. “Camp” or the act of “camping” means to pitch, erect, create, build, store, use, or occupy camp materials on a campsite, for the purpose of establishing or maintaining a temporary place of habitation.
B. “Camp materials” means, but is not limited to, tents, huts, awnings, lean-tos, shacks, or other structures, or parts thereof, tarps or tarpaulin, chairs, cots, beds, sleeping bags, blankets, sleeping or bedding materials, portable outhouses, food, cooking or food storage items, and/or similar items that are or appear to be used for and aid living and/or sleeping outdoors. “Camp materials” also includes vehicles, automobiles, or recreational vehicles used for shelter and/or sleeping.
C. “Campsite” means any outdoor area used or occupied for camping other than a private home, or where camp materials are stored.
D. “Public property” means all facilities and their surrounding grounds, owned, leased, rented, contracted, used, managed, or controlled by a governmental agency.
E. “Parking lot” means a developed or undeveloped area or facility owned, maintained, or leased by a governmental agency that is designated for the parking of vehicles.
F. “Pedestrian ways” means any sidewalk, walking path, plaza, alley, parking structure or parking area, or other way designed and regularly used for pedestrian travel, any planter strip or landscaped area located adjacent to or contained within streets, plazas, alleys, or other ways, and includes that portion of public rights-of-way used for the parking of vehicles, but does not include that portion of public rights-of-way regularly and traditionally used for vehicular travel.
G. “Personal property” means tangible items which are reasonably recognizable as belonging to individual persons and which have apparent utility or value, not including trash, illegal materials, controlled substances or drug paraphernalia.
H. “Public way” means any highway, roadway, street, alley or other way designed and regularly used for vehicular travel as defined in Washington law, but excluding that portion of public rights-of-way used for the parking of vehicles.
I. “Travel” means movement by foot on a pedestrian public way, from one point to another, without delay other than to obey traffic control devices, or by vehicle on a public way, from one point to another without delay other than to obey traffic control devices.
J. “Rest” means to pause from exertion by stopping, sitting, lying or sleeping.
K. “Out-grant lease area” means any property owned by the U.S. Army Corps of Engineers leased to the city, which property is limited to recreational day use only.
L. “Evacuation area” means any property by use or by plan that has been designated by any school, or governmental agency, the purpose of which is to provide for evacuations, meeting or accountability area during an emergency.
M. “Day use” means hours between 6:00 a.m. and 10:00 p.m. (Ord. 24-892 § 3, 2024)
9.32.040 Camping prohibited.
A. Except as otherwise specifically posted with signage by city, camps and camping are prohibited in the following areas:
1. “Evacuation areas” – Specifically identified as:
a. Asotin County Fairgrounds.
b. Asotin Football Field.
c. Chief Looking Glass Park.
d. “Gazebo” area located at southeast corner of Second and Filmore.
2. “Parking lots” specifically identified as designated parking lots owned or operated by any governmental agency. Camping is prohibited that in any way blocks access to the specified lot, denies public access to the area by vehicle, or limits or encumbers any emergency access to the public building, fire hydrants, evacuation points and its occupants.
3. “Out-grant lease area” – Any area within the city that is defined as being owned by the U.S. Army Corps of Engineers, which is leased to the city.
4. Any “public way” – At no time will camping be allowed in any public right-of-way or area of vehicular traffic.
5. Any “pedestrian way” – At no time will camping be allowed that may restrict normal access along any pedestrian way.
6. Within 500 feet of a school unless specifically designated as a camping area by the Asotin city council.
7. Within any building owned or operated by the city of Asotin.
8. Except in designated spaces, camping is prohibited at prohibited times, in areas designated as “day use.”
9. Additional temporary emergency areas, as may be identified and designated by the city mayor, city council or both, during an emergency.
B. This section does not prohibit resting on or within public property in a manner that does not create a camp or constitute camping, so long as such use does not obstruct public ways or pedestrian ways or access to public buildings or public parking lots or parking structures for their usual and customary purposes.
C. Manner.
1. Any camp or camping, when and where allowed by this chapter, is subject to the following:
a. A campsite must be limited to one structure per individual or household and include camping materials that occupy no more than 64 square feet per campsite.
b. Individuals who camp or who are camping may not accumulate more than 15 gallons of garbage, debris, trash, unsanitary or hazardous materials, or items of no apparent utility.
c. All garbage, debris, trash, unsanitary or hazardous materials, or items of no apparent utility must be appropriately stored in a contained manner.
d. Items presenting a danger to others, including uncontained sharps, uncontained human waste or unauthorized connections or taps to private or public utilities are prohibited.
e. Open flames, recreational fires, burning of garbage, and bonfires are prohibited. Contained flames for cooking as permitted by the city of Asotin or the Asotin fire department may be permitted on a case-by-case basis.
f. Dumping of gray water (i.e., wastewater from bathwater, sinks and cooking) or black water (sewage) on city property is prohibited.
g. Obstruction or attachment of camp materials to public infrastructure or private property structures, including bridges or bridge infrastructure, fire hydrants, utility poles, streetlights, traffic signals, signs, fences, trees, vegetation, vehicles or buildings, is prohibited.
h. Digging, excavation, terracing of soil, or other alteration of city property, or damage to vegetation or trees is prohibited.
i. Activity punishable under the Revised Code of Washington (RCW) as a crime including but not limited to assault, arson, burglary, disorderly conduct, malicious mischief, failure to register as sex offender, harassment, homicide, kidnapping, littering, opening or consuming liquor in a public place, possession or use of a controlled substance, prostitution, public indecency, reckless burning, reckless endangerment, resisting arrest, robbery, stalking or theft is prohibited.
2. In addition to the limitations set forth in subsection (A) of this section, camping, when allowed, shall be subject to the following:
a. A camp, camping or camp materials may not obstruct any portion of any street, bike lane, or bike path intended for travel for vehicle, bicycle, pedestrian or other legal mode of travel or impair unobstructed use thereof;
b. A campsite or camp materials may not be located in the right-of-way in any location that does not have a curb or other physical barrier separating the campsite or camp materials from the area intended for vehicular use;
c. A campsite or camp materials may not obstruct that portion of the sidewalk, multi-use path or pedestrian path in a manner that results in less than 36 inches of unobstructed area for passage or in any other way that impairs access as required by the Americans with Disabilities Act;
d. A campsite or camp materials may not create a physical impairment to emergency ingress or egress or emergency response including within 15 feet of any fire hydrant, utility pole, or other utility, fire gate/bollards, or public infrastructure used for emergency response;
e. A campsite or camp materials may not create a physical impairment to nonemergency vehicular or pedestrian ingress, egress including within 10 feet of driveways, or 10 feet of entrances or exits from buildings and other real property; and
f. A campsite or camp materials may not occupy any portion of the public right-of-way under or within a bridge, culvert or viaduct or within 10 feet of a bridge, culvert or viaduct.
3. Nothing in this section is intended to prevent the regulation of camping on a temporary or permanent basis on any city property when such regulation is necessary to maintain the ability of everyone to use a public space as designed and intended or for a planned or limited public purpose including capital construction, maintenance, repair, property transfer or during an event or special use.
4. The mayor, council or both may exempt a special event from compliance with this section. (Ord. 24-892 § 4, 2024)
9.32.050 Penalties.
A. A violation of this section is declared to be:
1. Criminal trespass in the second degree (RCW 9A.52.080), a misdemeanor punishable by up to 90 days in jail, $1,000 fine, or both.
a. An arrest for criminal trespass in the second degree may be accompanied by an order of exclusion for six months.
2. A public nuisance, subject to abatement ordinances by the city.
B. The court shall consider in mitigation of any punishment imposed upon a person convicted of prohibited camping whether the person immediately removed the campsite upon being cited.
1. For purposes of this subsection, removal of the campsite shall include all litter, including but not limited to bottles, cans, garbage, rubbish and items of no apparent utility, deposited by the person in and around the campsite. All litter in and around the campsite shall be presumed to be deposited by the person convicted of prohibited camping. Such presumption shall be rebuttable, however.
2. A violation of this section shall result in the removal of the campsite by the city.
a. All garbage, debris, trash, unsanitary or hazardous materials, items of no apparent utility, or items illegal to possess which are left at the campsite will be immediately disposed of.
b. All personal property which is legal to possess and not garbage, debris, trash, unsanitary or hazardous materials shall be retained and stored by the Asotin police department according to RCW 63.21.05 and its own internal policies and procedures for the storage and disposition of found property. (Ord. 24-892 § 5, 2024)
9.32.060 Unattended personal property on city property prohibited.
A. It is unlawful for any person to knowingly leave personal property unattended on public property, including public and pedestrian ways.
B. The prohibitions of subsection (A) of this section do not apply to:
1. Personal property that is actively being loaded or unloaded; or
2. Any person performing a city approved or permitted activity.
C. Personal property left unattended in an area where camping is prohibited, in violation of this section, may be immediately removed, retained, stored or disposed of by the city as abandoned property in accordance with AMC 9.32.050(B)(2).
D. The city may develop additional policies for the removal of unattended personal property from public spaces, the storage of said property, and procedures by which the property may be reclaimed.
E. Nothing in this section shall be construed as limiting the city’s ability to seize, remove, abate, or dispose of property in accordance with any other provision of ordinance or state law. (Ord. 24-892 § 6, 2024)