Chapter 8.09
CAMPING ON PUBLIC PROPERTY Revised 12/24
Sections:
8.09.010 Purpose. Revised 12/24
8.09.020 Definitions. Revised 12/24
8.09.030 Unlawful camping on public property. Revised 12/24
8.09.040 Unlawful storage of camp facilities or other property on public property. Revised 12/24
8.09.045 Offer of assistance – Officer guidance – Considerations. Revised 12/24
8.09.050 Unlawful use of fires. Revised 12/24
8.09.060 Unlawful environmental damage to public property. Revised 12/24
8.09.070 Unlawful camp – Removal. Revised 12/24
8.09.080 Penalties. Revised 12/24
Prior legislation – Ord. No. 3516.
8.09.010 Purpose. Revised 12/24
It is the purpose of this chapter to prevent the harm to public property caused by the activities of unlawful camping; unlawful storing of camp facilities and property; unlawful fires; littering; and altering or damaging the natural environment such as diverting water, removing vegetation, and excavation. Camping on public property – erecting and occupying camp facilities for the purpose of facilitating occupation, habitation, or residing in a location – that is not designated as an area for camping creates dangerous public health and safety concerns for those experiencing homelessness, the general public, city employees, and first responders. These activities foster unsanitary conditions, damage the natural environment and critical areas, and interfere with the rights of others to use public property for the purposes for which they were intended.
It is the purpose of this chapter to promote the public health, safety, general welfare, environmental health, economic health, and well-being of the city by keeping public streets, sidewalks, parks, and other public property within the city safe and readily accessible to the public.
(Ord. No. 4443, § 2, 10-18-22; Ord. No. 4501, § 1, 11-19-24)
8.09.020 Definitions. Revised 12/24
The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
A. Camp means to pitch, erect, or occupy camp facilities for the purpose of, or in such a way as will facilitate, habitation, the occupation of, or residing in a location.
B. Camp facilities include, but are not limited to, motor vehicles, trailers, tents, huts, temporary shelters, or other structures that evidence an intent to function as a temporary or permanent place of residence or to demarcate public property under circumstances that evidence an intent to take or hold possession or control of that public property as a person’s residence or tenancy, to the exclusion of others or other uses.
C. Critical area means an area that possesses important natural functions and embodies a variety of important natural and community values. Such areas include wetlands, streams, fish and wildlife habitat, steep slopes, geologic hazard areas, critical aquifer recharge areas, and flood hazard areas as well as the buffers which serve to protect the aforementioned areas.
D. Hazardous material means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, physical, chemical, or infectious characteristics, may cause or significantly contribute to a present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
E. Litter is as defined in KCC 8.04.020 as now enacted or hereafter amended or recodified.
F. Park means and includes all city parks, public squares, park drives, parkways, boulevards, golf courses, park museums, zoos, bathing beaches, gardens, lakes, rivers, ponds, and play and recreation grounds under the jurisdiction of the city of Kent parks and recreation department and their associated parking lots, paths and sidewalks, playfields, recreational structures, picnic shelters, restrooms, and other appurtenances.
G. Pollutant means and includes anything that may contaminate or contribute to the contamination of any place, area, or location. Examples include without limitation: hazardous materials; paints, varnishes, and solvents; oil and other automotive or motor fluids; liquid and solid wastes, human waste, food wastes, and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations; floatables such as closed or open cell foam; plastics; pesticides, herbicides, and fertilizers; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; electronics; electric and combustion engines and devices that use electric and combustion engines including parts thereof; hazardous cleaning liquids and materials; any drug as defined by RCW 69.50.101; and any drug paraphernalia.
H. Public property means all property in which the city has a property interest, including parcels, tracts, easements, and public rights-of-way. The term includes, without limitation, all parks, docks, piers, streets, sidewalks, critical areas and water supply properties, trails, forests, museums, pools, beaches, open spaces, public squares, city-owned buildings and appurtenances, the grounds around the city-owned buildings, including but not limited to parking lots and structures, breezeways, entryways, planter areas, and storage areas, and any other property in which the city has a property interest of any type.
I. Recreational vehicle means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a mobile home lot.
J. Store or storage means to put aside, accumulate, or to place or leave in a location for preservation or later use or disposal.
K. Street means any highway, avenue, lane, road, street, drive, place, boulevard, alley, right-of-way, and every way or place in the city of Kent open as a matter of right for public vehicular travel.
L. Vegetation means trees, shrubs, grass, weeds, bushes, vines, turf, flowers, seaweed, fungus, and other plant materials, including but not limited to clippings, fallen leaves, fruit, or branches.
(Ord. No. 4443, § 2, 10-18-22; Ord. No. 4501, § 1, 11-19-24)
8.09.030 Unlawful camping on public property. Revised 12/24
It shall be unlawful for any person to camp on public property, except as allowed in KCC 4.01.090.
(Ord. No. 4443, § 2, 10-18-22; Ord. No. 4444, § 1, 11-1-22; Ord. No. 4501, § 1, 11-19-24)
8.09.040 Unlawful storage of camp facilities or other property on public property. Revised 12/24
A. It shall be unlawful for any person to store camp facilities or other property on public property.
B. The provisions of this chapter shall not prohibit any vehicle, including a trailer, recreational vehicle, or camper not being used as a residence from being parked within or on any park, in the right-of-way, or other public property in accordance with parking regulations, unless otherwise prohibited by law.
C. No citation shall be issued for a violation of this section if the person identified as the owner of the camp facilities or other property immediately removes the camp facilities or other property upon request.
(Ord. No. 4443, § 2, 10-18-22; Ord. No. 4501, § 1, 11-19-24)
8.09.045 Offer of assistance – Officer guidance – Considerations. Revised 12/24
A. Offer of assistance. An officer with probable cause that a person has violated either KCC 8.09.030 or 8.09.040 will offer assistance to the person in violation; provided, neither a person’s acceptance of assistance nor the ability of the officer to secure assistance shall interfere with the ability of the officer to issue a citation for the violation.
B. Development of policy or procedure. The police department shall develop a policy or procedure to assist officers in enforcing the provisions of this chapter. The policy or procedure should address the following considerations for an officer to evaluate in deciding whether to issue a citation to a person for violating KCC 8.09.030 or 8.09.040:
1. The extent of damage or potential damage to public property;
2. Whether there is evidence of other criminal conduct at or immediately surrounding the unlawful camp;
3. The extent to which property surrounding the unlawful camp has been impacted by criminal conduct;
4. The proximity of the unlawful camp to improved parks and recreation facilities, critical areas, schools, shopping areas, or businesses;
5. Whether officers have had previous contact with the person responsible for the unlawful camp or storage of camp facilities or other property on public property under similar circumstances;
6. Whether officers have had previous contact with the individual under circumstances in which the person was offered shelter but rejected shelter or failed to make substantial efforts to enter shelter; and
7. The extent to which other calls for police service or other obligations of police officers are pending at the time the officer makes contact with the person unlawfully camping or storing camp facilities or property on public property.
(Ord. No. 4501, § 1, 11-19-24)
8.09.050 Unlawful use of fires. Revised 12/24
It shall be unlawful for any person to build any fire or maintain open flames for any purpose on public property except in designated areas in parks when parks are open.
(Ord. No. 4443, § 2, 10-18-22; Ord. No. 4501, § 1, 11-19-24)
8.09.060 Unlawful environmental damage to public property. Revised 12/24
It shall be unlawful for any person to do the following on public property, unless expressly permitted or otherwise authorized by the city:
1. Dump, throw, deposit, or discharge any pollutant;
2. Deposit urine or feces into or onto a place other than a receptacle intended for the deposit of urine or feces;
3. Destroy or alter vegetation through cutting, clearing, grading, or harvesting;
4. Construct or create trails not expressly authorized by the city, or damage existing city trails;
5. Remove or excavate soil, sand, gravel, minerals, or organic matter of any kind; provided it shall not be unlawful to do so at a public park in areas intended for digging as a form of recreation;
6. Drain or increase the water level of a body of water, river, creek, or stream, or divert or impede water flow of any river, creek, or stream; or
7. Disturb wildlife dens, burrows, or nests.
(Ord. No. 4443, § 2, 10-18-22; Ord. No. 4501, § 1, 11-19-24)
8.09.070 Unlawful camp – Removal. Revised 12/24
Upon a determination by the city that a camp has been established on public property in violation of this chapter, camp facilities and all other property, contraband, and pollutants shall be removed subject to the following provisions:
A. Immediate removal of unlawful camp. Unlawful camping on public property with sensitive or incompatible uses, including environmentally sensitive areas and on public property that has been improved and developed for a particular purpose, causes significant damage to the purpose and functionality of these areas. For these reasons, if an unlawful camp is on public property described in this subsection (A), the city may immediately remove any property, camp facilities, and all other contraband, pollutants, and waste and store it or dispose of it as set forth in subsection (C) of this section; provided, the owner shall be provided an opportunity to immediately remove the property if present or if they arrive during the removal of the property. The following are designated as public property with sensitive or incompatible uses:
1. Portions of parks that are developed, improved, or maintained for a specified purpose, such as but not limited to recreational structures, picnic shelters, play fields, areas designated or maintained for spectators of events, open fields or maintained grassy areas, designated off-leash dog areas, restrooms, sidewalks, golf courses, designated trails, and parking lots.
2. Critical areas and water supply properties that are owned by the city for the purposes of producing, pumping, storing, treating, and protecting domestic drinking water sources.
3. City-owned buildings, parking lots, and appurtenances used to conduct the business of the city, including, but not limited to, City Hall, the Centennial Center, and the Annex Building located to the east of the Centennial Center; Kent Police Station and police substations; Kent Municipal Court, Kent Corrections Facility, and its Program Annex Building; Kent East Hills Operations Center; Kent Municipal Building at Centerpoint; Kent Senior Center; Kent Commons; Riverbend Golf Complex; public works and parks shops properties; the police and fire station and training center located at 24611 116th Ave. SE, Kent, WA 98030; and the accesso Showare Center.
4. Streets and sidewalks.
5. Properties owned by the city that are not open to the public and which are posted with signs prohibiting trespass.
B. Removal of unlawful camp following posted notice. For all unlawful camps on other public property, the following shall occur:
1. At least 48 hours before the removal of the camp facilities or other property, the city will post a notice to remove property containing:
a. The requirement to remove the camp facilities or other property within the designated time period.
b. Information on the process individuals camping or storing personal property within the camp area may use to petition for a reasonable amount of additional time to leave the camp area and remove their property.
c. Information regarding the availability of assistance from social services and available overnight shelter options.
2. If the camp facilities or other property, contraband, pollutants, and waste remain at the end of the notice period set forth in subsection (B)(1) of this section, it may be removed by the city; provided, the owner shall be provided an opportunity to immediately remove the property if they arrive during the city’s removal of the property and do not unreasonably delay the city’s removal of the property.
C. Storage of property associated with an unlawful camp.
1. In the event the city removes the camp facilities or other property in accordance with this section, the city will attempt to determine the owner of any property of obvious value (e.g., legal documents, personal papers, government identification, labeled medications), will arrange for storage of the property, and will attempt to provide notice to the owner of the property as to how they may claim the property.
2. The city will not store property that it has reasonable grounds to believe is stolen or illegal to own or possess, nor shall the city be required to store property that is hazardous to health or safety, perishable, or of no apparent value.
(Ord. No. 4443, § 2, 10-18-22; Ord. No. 4501, § 1, 11-19-24)
8.09.080 Penalties. Revised 12/24
A. Except as otherwise provided, a violation of any of the provisions of this chapter is a misdemeanor.
B. Fines shall not be imposed as a penalty for a violation of any of the provisions of this chapter.
C. The city will not object to the entry of a deferred prosecution pursuant to Chapter 10.05 RCW if eligible, nor will the city object to the court entering a deferred sentence for violations of this chapter in all cases where: (1) a licensed or certified medical professional or certified agency recommends mental health or substance use disorder treatment; (2) the defendant agrees to comply with, and the court orders the defendant to comply with, the treatment plan recommended by the medical professional or certified agency as a condition of the deferred sentence; and (3) the defendant understands and agrees that the court will revoke any deferred sentence if the offender fails to comply with any of the terms of the deferred sentence.
D. The city will also not object to a future request by an individual to vacate a record of conviction for any conviction related to an offense prosecuted under this chapter.
(Ord. No. 4443, § 2, 10-18-22; Ord. No. 4501, § 1, 11-19-24)