Section 9.06.040 Unlawful camping and outside habitation impact areas.

9.06.040 Unlawful camping and outside habitation impact areas.

(1) Camping and Outside Habitation Impact Areas. It shall be unlawful to camp or habitate outside at any time within a camping and outside habitation impact area. The following locations are camping and outside habitation impact areas:

(a) Upon any land used to operate a public water station, wastewater, or stormwater facility;

(b) Within two hundred (200) feet of the nearest edge of rivers, lakes, ponds, streams, creeks, wetlands, other water bodies, or priority habitat areas in the county;

(d) Natural areas or legacy lands in the county;

(e) Parks in the county, unless authorized through a park and facility use permit as defined in Section 9.05.100; or

(f) Any county road, street, sidewalk, or right-of-way in such a manner that restricts a person’s access to the county road, street, sidewalk, or right-of-way. This provision is intended to comply with the Americans with Disabilities Act.

(2) Violation of subsection (1) of this section is a misdemeanor.

(3) Unless otherwise subject to custodial arrest under RCW 10.31.100, persons subject to enforcement under subsection (1) of this section shall be cited, instructed to appear at community court and released rather than being booked into jail.

(4) A violation of the provisions of subsection (1) of this section shall be enforced as follows:

(a) Prior to issuing any citation pursuant to this chapter, the investigating deputy shall inquire whether the unlawful camping and storage of personal property is due to homelessness. If the deputy learns that such is the case, the deputy shall determine whether there is available overnight shelter to accommodate the person.

(b) If the deputy determines there is available overnight shelter, the deputy may provide directions to the shelter location or provide a voucher for a hotel stay.

(c) Any person who refuses to accept the available overnight shelter space offered is subject to citation and shall be referred to community court.

(5) At all times, regardless of availability of overnight shelter, it shall be unlawful to camp where such activity poses:

(a) A substantial danger to any person;

(b) An immediate threat and/or an unreasonable risk of harm to public health or safety; or

(6) Violation of subsection (5) of this section is a misdemeanor.

(7) Unless otherwise subject to custodial arrest under RCW 10.31.100, persons subject to enforcement under subsection (5) of this section shall be cited, instructed to appear at community court and released rather than being booked into jail. (Sec. 5 of Ord. 2023-11-02)