Chapter 9.16
USE OF PUBLIC PROPERTY
Sections:
9.16.030 Unauthorized use of public property.
9.16.040 Unauthorized storage of personal property on public property.
9.16.050 Penalty for violations.
9.16.060 Enforcement suspended.
9.16.010 Purposes.
A. It is the purpose of this chapter to promote the public health, safety, general welfare, and economic health and well-being of the city, its residents, and its visitors by making Brier public property readily accessible to the public, and to prevent the uses of public property which interfere with the rights of others to use public property for which it is intended and to prevent harm to the health, safety, and welfare of the public.
B. It is also the purpose of this chapter to provide for and promote the health, safety, and welfare of the general public and not to create, either expressly or implicitly, or otherwise establish or designate any particular class or group of persons or individuals who will or should be especially protected or benefited or discriminated against by the terms of this chapter.
C. For purposes of interpreting this chapter, if any definition, requirement, or provision in this chapter conflicts with those in a different provision or chapter of the Brier Municipal Code, the definition, requirement, or provision in this chapter shall apply. (Ord. 480 § 2, 2021)
9.16.020 Defined terms.
As used in this chapter, the following terms shall have the following definitions:
“Available overnight shelter” means a public or private facility with available overnight space, open to person(s) or family units experiencing homelessness, at no charge. If an individual or family unit cannot use available space because of the individual or family member’s sex, familial or marital status, religious beliefs, disability, or a shelter’s length-of-stay restrictions, the space is not considered to be available. The space is also not considered to be available if an individual has attempted to secure a bed at the facility by lining up in advance of the shelter opening for the day and has been denied entry due to lack of available space. The space is considered available if the individual could not use the space due to the voluntary actions such as intoxication, drug use or unruly behavior.
“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 vehicle for the purpose of occupying the vehicle overnight. The term shall not include overnight use of public property by the city or the governmental entity that owns or has a property interest in such public property.
“Camp facilities” means, without limitation, tents, huts, and temporary shelters. “Camp facilities” does not include tents, huts, or temporary shelters when used temporarily in a park for recreation or play during daylight hours when the park is open to the public.
“Camp paraphernalia” means, without limitation, blankets, pillows, tarpaulins, cots, beds or bedding, sleeping bags, hammocks, noncity designated cooking facilities, and/or other similar equipment.
“City” means the city of Brier, Washington, the area within the territorial limits of the city.
“Park” means, without limitation, any public area created, established, designated, maintained, provided, or set aside by the city for the purposes of public rest, play, recreation, enjoyment, or assembly, and all buildings, facilities, and structures located thereon or therein, as well as all associated areas, including but not limited to parking lots.
“Public property” means all property in which the city or any other governmental entity has a property interest, including easements. The term includes, but is not limited to, all parks, streets, trails, forests, open spaces, public squares, public schools and associated athletic facilities, grounds around city or other publicly owned or leased buildings, public buildings, parking lots, stormwater ponds and facilities, and any other property in which the city or any other governmental entity has a property interest of any type.
“Store” means to put aside, accumulate, or leave on public property for later use, or for safekeeping.
“Street” means, without limitation, any easements, highway, lane, road, street, right-of-way, boulevard, alley, all public property open as a matter of right to public vehicle travel or parking, and all portions of the street right-of-way that are not expressly reserved for vehicular or pedestrian travel.
“Vehicle” means any device capable of being moved or parked upon public property and in, upon, or by which any person(s) or property is or may be moved, parked, transported, or drawn, including, without limitation, all forms of automotive vehicles, buses, trucks, cars, vans, campers, trailers, boats or any other vehicle on trailers, recreational vehicles, and mobile homes of any size, whether capable of supplying their own motor power or not. The term “vehicle” includes all such devices even if immobilized in any way and/or for any period of time. (Ord. 480 § 2, 2021)
9.16.030 Unauthorized use of public property.
Unless otherwise permitted by the Brier Municipal Code, it shall be unlawful for any person to camp on or within any public property. (Ord. 480 § 2, 2021)
9.16.040 Unauthorized storage of personal property on public property.
It shall be unlawful for any person to store personal property, including, but not limited to, camp facilities and camp paraphernalia, on any public 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. (Ord. 480 § 2, 2021)
9.16.050 Penalty for violations.
Violation of BMC 9.16.030 or 9.16.040 is a misdemeanor offense and shall be punished upon conviction of such violation by a fine of not more than one thousand dollars, or by imprisonment not to exceed ninety days, or by both such fine and imprisonment. If a person is unable to pay the monetary penalty set forth herein, the court may order performance of community service or work crew hours in lieu of a monetary penalty. (Ord. 480 § 2, 2021)
9.16.060 Enforcement suspended.
The city shall not enforce the provisions of BMC 9.16.030 or 9.16.040 as to any camping and/or storing of personal property within outdoor portions of parks or streets against persons experiencing homelessness unless the city first confirms that there is available overnight shelter that can be utilized by the particular person(s) experiencing homelessness. (Ord. 480 § 2, 2021)
9.16.070 Rules.
The chief of police is authorized to adopt rules, regulations, administrative policies, and procedures for implementing this chapter. (Ord. 480 § 2, 2021)