Chapter 9.80
CAMPING
Sections:
9.80.040 Storage of personal property in public places
9.80.050 Penalty for violations
9.80.060 Parked recreational vehicles exempt
9.80.010 Purpose.
The purpose of this chapter is to provide for the public health, safety and welfare of the residents and visitors to the City of Lake Stevens. (Ord. 1058, Sec. 1, 2019)
9.80.020 Definitions.
The following definitions are applicable in this chapter unless the context otherwise requires:
(a) “Camp” means to pitch or occupy camp facilities, to use camp paraphernalia.
(b) “Camp facilities” include, but are not limited to, tents, huts, or temporary shelters when used for sleeping or overnight shelter. “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.
(c) “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or non-city-designated cooking facilities and similar equipment.
(d) “Park” means those areas subject to the executive and administrative responsibility of the parks and recreation department established by Chapter 10.03, including but not limited to parks, trails, playgrounds, athletic fields, and public open space.
(e) “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
(f) “Street” means any highway, lane, road, street, right-of-way, boulevard, alley and every way or place in Lake Stevens open as a matter of right to public vehicular travel. (Ord. 1058, Sec. 1, 2019)
9.80.030 Unlawful camping.
(a) It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in the following areas, except as set forth in subsection (b) of this section:
(1) Any park, except as provided in Section 10.03.160;
(2) Any publicly owned property to which the public is not ordinarily allowed access, including, but not limited to, public buildings, water storage tank sites, well sites, storm water ponds and facilities, and other secured properties;
(3) Any other publicly owned parking lot or publicly owned property, improved or unimproved;
(4) That portion of any street or sidewalk that is expressly reserved for vehicular or pedestrian travel;
(5) Portions of any street right-of-way that is not expressly reserved for vehicular or pedestrian travel.
(b) The prohibitions contained in subsections (a)(1), (2), (3), and (4) of this section shall be enforced at all times. Law enforcement officers shall not enforce the prohibitions in subsection (a)(5) of this section when there is no available overnight shelter for individuals or family units experiencing homelessness on the date that camping occurs. “Available overnight shelter” means a public or private shelter, with an available overnight space, open to an individual or family unit 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 shelter by lining up in advance of the shelter opening for the day and was denied entry due to lack of available space. The space is considered available if the individual could not use the space due to voluntary actions such as intoxication, drug use or unruly behavior. (Ord. 1058, Sec. 1, 2019)
9.80.040 Storage of personal property in public places.
(a) It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as set forth in subsection (b) of this section:
(1) Any park;
(2) Any publicly owned property to which the public is not ordinarily allowed access, including, but not limited to, public buildings, water storage tank sites, well sites, storm water ponds and facilities, and other secured properties;
(3) Any other publicly owned parking lot or publicly owned property, improved or unimproved;
(4) That portion of any street or sidewalk that is expressly reserved for vehicular or pedestrian travel;
(5) Portions of any street right-of-way that is not expressly reserved for vehicular or pedestrian travel.
(b) The prohibitions contained in subsections (a)(1), (2), (3), and (4) of this section shall be enforced at all times. Law enforcement officers shall not enforce the prohibitions in subsection (a)(5) of this section when there is no available overnight shelter for individuals or family units experiencing homelessness. “Available overnight shelter” means a public or private shelter, with an available overnight space, open to an individual or family unit 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 shelter by lining up in advance of the shelter opening for the day and was denied entry due to lack of available space. The space is considered available if the individual could not use the space due to voluntary actions such as intoxication, drug use or unruly behavior. (Ord. 1058, Sec. 1, 2019)
9.80.050 Penalty for violations.
(a) Violation of any of the provisions of this chapter is a misdemeanor, and shall be punished as follows:
(1) First Offense. Any person violating any of the provisions of this chapter shall, upon conviction of such violation, be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment.
(2) Second Offense. Every person who violates any of the provisions of this chapter, upon conviction of such violation, a second time within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. One hundred dollars of the fine and one day of imprisonment shall not be suspended or deferred.
(3) Third or Subsequent Offense. Every person who violates any of the provisions of this chapter, upon conviction of such violation, a third or more times within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Five hundred dollars of the fine and five days imprisonment shall not be suspended or deferred.
(4) If a person is unable to pay the monetary penalty set forth in subsection (a)(1), (2) or (3) of this section, the court may order performance of a number of hours of community service or work crew in lieu of a monetary penalty. (Ord. 1058, Sec. 1, 2019)
9.80.060 Parked recreational vehicles exempt.
The provisions of this chapter shall not apply to recreational vehicles parked on any residential street for a period of not greater than 24 hours. For purposes of this chapter, “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; provided, that recreational vehicles not owned by the owner or tenant of real property may park on the real property of another for a period not exceeding 14 consecutive days in a one-year period. (Ord. 1058, Sec. 1, 2019)