Chapter 7.29
CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES
Sections:
7.29.003 Operating hours and areas not open to public.
7.29.005 Areas not open to public – Violation.
7.29.010 Unlawful camping on public property.
7.29.020 Storage of personal property in public places.
7.29.030 Erecting permanent or temporary structures on public property or public rights-of-way.
7.29.050 Penalty for violations.
7.29.060 Hosted homeless encampments.
7.29.001 Findings.
People camping and storing personal property on public property and on public rights-of-way, such as streets, sidewalks and alleys, are engaged in conduct which creates a public health and safety hazard due to interference with use of the rights-of-way, and the lack of proper utility and/or sanitary facilities in those places. People without sanitary facilities have urinated, defecated, and littered on public property and on the public rights-of-way. Use of public property for camping purposes or storage of personal property interferes with the city’s ability to conduct routine operations such as mowing, leaf blowing, sweeping and irrigation, and with the rights of others to use the areas for which they were intended. Camping in the City Hall parking lot and in front of entrances to City Hall impairs its function as the city’s emergency operations center. (Ord. 3417 § 3, 2019).
7.29.002 Purpose.
It is the purpose of this chapter to prevent harm to the health and safety of the public and to promote the public health, safety and general welfare by keeping public streets and other public property readily accessible to the public and to prevent use of public property for camping purposes or storage of personal property which interferes with the city’s ability to conduct routine operations such as mowing, leaf blowing, sweeping and irrigation and with the rights of others to use the areas for which they were intended. (Ord. 3417 § 3, 2019).
7.29.003 Operating hours and areas not open to public.
In light of the need to preserve public access to City Hall, and in light of the need to protect access to the City Hall as the city’s emergency operations center, City Hall grounds and parking lots are closed to the public on all legal holidays and between the hours of 10:00 p.m. and 6:00 a.m. Monday through Thursday and between the hours of 10:00 p.m. Thursday through 6:00 a.m. Monday. This closure shall not apply to city employees or emergency responders on the property for official business purposes. (Ord. 3417 § 3, 2019).
7.29.005 Areas not open to public – Violation.
In addition to a violation of other applicable law, it is also a violation of this chapter to enter or remain on any property under the jurisdiction of the city when the area is not open to the public. (Ord. 3417 § 3, 2019).
7.29.010 Unlawful camping on public property.
(1) During the hours of 6:30 a.m. to 9:30 p.m., it is a violation of this chapter for any person to camp or to store personal property, including camp facilities (other than vehicles) and camp paraphernalia, in the following areas except as otherwise provided by ordinance or as provided in LMC 7.29.070:
(a) Any park; or
(b) Any publicly owned or maintained land, parking lot, or other publicly owned or maintained area, whether improved or unimproved; provided, however, that streets shall be regulated as provided in subsection (3) of this section; or
(c) Any median; or
(d) Any public right-of-way adjacent to any park.
(2) During the hours of 6:30 a.m. to 9:30 p.m., it shall be unlawful for any person to camp, store personal property, occupy camp facilities for purposes of habitation, or use camp paraphernalia in any city street, except as otherwise provided by ordinance or as provided in LMC 7.29.070.
(3) During the hours of 6:30 a.m. to 9:30 p.m., it shall be unlawful for any person to occupy a vehicle for the purpose of camping while that vehicle is parked in the following areas, except as otherwise provided by ordinance or as provided in LMC 7.29.070:
(a) Any park; or
(b) Any street; or
(c) Any publicly owned or maintained parcel, parking lot or other publicly owned or maintained area, whether improved or unimproved.
(4) During the hours of 9:30 p.m. to 6:30 a.m., it is a violation of this chapter for any person to camp or to store personal property, including camp facilities and camp paraphernalia, in the following areas except as otherwise provided by ordinance or as provided in LMC 7.29.070:
(a) Any park; or
(b) Any median; or
(c) Any public right-of-way adjacent to any park. (Ord. 3494 § 1, 2023; Ord. 3417 § 3, 2019; Ord. 3146 § 1, 2010).
7.29.020 Storage of personal property in public places.
It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by the Longview Municipal Code or as permitted pursuant to LMC 7.29.070:
(1) Any park;
(2) Any street;
(3) Any sidewalk; or
(4) Any publicly owned parking lot or publicly owned area, improved or unimproved. (Ord. 3417 § 3, 2019; Ord. 3146 § 1, 2010).
7.29.030 Erecting permanent or temporary structures on public property or public rights-of-way.
(1) It shall be unlawful to erect, install, place, leave, or set up any type of permanent or temporary fixture or structure of any material(s) in or upon public property or right-of-way without a permit or other authorization from the city.
(2) In addition to other remedies provided by law, such an obstruction is hereby declared to be a public nuisance. The director of public works, director of community development, chief of police, or his/her designee may summarily abate any such obstruction, or the obstruction may be abated as prescribed in Chapter 1.33 LMC.
(3) The provisions of this section do not apply to those items specifically provided for in other sections of this chapter.
(4) The provisions of this section do not apply to depositing material in a public right-of-way for less than three hours, unless the material is deposited with the intent to interfere with free passage or it blocks or attempts to block or interfere with any person(s) using the right-of-way.
(5) The director of public works can promulgate policies to carry out this section. (Ord. 3417 § 3, 2019; Ord. 3146 § 1, 2010).
7.29.040 Definitions.
The following definitions are applicable in this chapter unless the context otherwise requires:
(1) “Camp” means any place that has been used or occupied as a temporary place to live, for any length of time, as evidenced by a camp facility being pitched, erected or otherwise constructed, used, or occupied for the purposes of human habitation, and/or by the use of camp paraphernalia, litter, trash, waste, and garbage, as well as any other factors that support the location being used as a camp. This definition is not intended to apply to individuals using a day use recreational area for the limited time such day use recreational area is open to the public.
(2) “Camp facilities” include, but are not limited to, tents, tarps, huts, cardboard boxes, temporary shelters, or vehicles, including, but not limited to, recreational vehicles, if said vehicle is being used as temporary living quarters.
(3) “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, bedding, sleeping bags, blankets, mattresses, mats, hammocks or non-city-designated cooking facilities or fire and/or similar equipment.
(4) “Garbage” means that as defined in Chapter 16.30 LMC.
(5) “Homeless encampment” means an unpermitted camp of homeless people that has existed for more than seven consecutive days.
(6) “Host agency” means the owner of the property, being a religious institution or other organization, that joins a sponsoring agency in an application for a temporary use permit for providing basic services and support to hosted homeless encampment residents, such as hot meals, coordination of other needed donations and services, etc.
(7) “Hosted homeless encampment” means an emergency homeless encampment, hosted by a church or other organization, which provides temporary housing to homeless persons.
(8) “Litter” means that as defined in Chapter 16.30 LMC.
(9) “Median” means the area between opposing lanes of traffic, excluding turn lanes. Medians in urban and suburban areas can be defined by pavement markings, raised medians, or islands to separate motorized and non-motorized road users. (U.S. DOT Federal Highway Administration.)
(10) “Owner” means a person that has legal title of ownership of the real property or RV and, for all other purposes, the possession of an item.
(11) “Park” means and includes all public parks, public squares, golf courses, bathing beaches, and play and recreation grounds within the city limits, regardless of ownership, and includes all city ball fields, trails, and all city leased or rented schools or private property when the same is being used for public recreation.
(12) “Right-of-way” means a strip of land intended for ingress and egress for traffic and/or placement of utilities, levees and drainage facilities and vegetation.
(13) “Recreational vehicle” or “RV” means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. These units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, motor homes, watercraft, and any combinations or variations thereof.
(14) “Sidewalk” means a concrete walk for pedestrian use outside the building lot line of any property owner and constructed for use by the general public.
(15) “Sponsoring agency” means an organization that joins in an application with a host agency for a temporary use permit and assumes responsibility for providing basic services and support to residents of a hosted homeless encampment, such as hot meals, coordination of other needed donations and services, etc.
(16) “Store” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location unattended.
(17) “Street” means any publicly owned improved thoroughfare or right-of-way dedicated, condemned or otherwise acquired by the public for use as such, which affords the primary means of access to abutting properties.
(18) “Tent” means a shelter of canvas or strong cloth, tarp, nylon, plastic or other synthetic material, stretched over and supported by wood or other framework, or by any manner of rope or line; this includes commercial or noncommercial tents.
(19) “Trash” means that as defined in Chapter 16.30 LMC.
(20) “Waste” means that as defined in Chapter 16.30 LMC.
(21) “Watercraft” means any boat, vessel, or other craft used for navigation on or through water. (Does not include kayaks or canoes.) (Ord. 3545 § 1, 2024; Ord. 3494 § 2, 2023; Ord. 3417 § 3, 2019; Ord. 3146 § 1, 2010).
7.29.050 Penalty for violations.
Violation of any of the provisions of this chapter is a misdemeanor. 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. (Ord. 3417 § 3, 2019; Ord. 3146 § 1, 2010).
7.29.060 Hosted homeless encampments.
Religious organizations hosting the homeless pursuant to RCW 35.21.915 are exempt from the permit requirements of this section.
The director of community development, or his/her designee, may issue a temporary and revocable permit for a hosted homeless encampment subject to the following criteria and requirements:
(1) Procedural Approval.
(a) The sponsoring agency shall notify the city of the proposed hosted homeless encampment a minimum of 30 days in advance of the proposed date of establishment for the hosted homeless encampment and at least 14 days before submittal of the temporary use permit. The advance notification shall contain the following information:
(i) The date the hosted homeless encampment will encamp;
(ii) The length of the hosted homeless encampment;
(iii) The maximum number of residents proposed; and
(iv) The hosted location.
(b) The sponsoring agency shall conduct at least one public informational meeting within, or close to, the neighborhood where the proposed hosted homeless encampment will be located, a minimum of two weeks prior to the submittal of the temporary use permit application. The time and location of the meeting shall be agreed upon between the city and sponsoring agency. All property owners within 1,000 feet of the proposed homeless encampment shall be notified at least 14 days in advance of the meeting by the sponsoring agency. Proof of mailing shall be provided to the director of community development.
(2) Site Criteria.
(a) If the sponsoring agency is not the host agency of the site, the sponsoring agency shall submit a written agreement from the host agency allowing the hosted homeless encampment.
(b) The property must be sufficient in size to accommodate tents and necessary on-site facilities, including, but not limited to, the following:
(i) Sanitary portable toilets in the number required to meet capacity guidelines;
(ii) Hand-washing stations by the toilets and by the food areas;
(iii) Refuse receptacles;
(iv) Food tent and security tent.
(c) The host and sponsoring agencies shall provide an adequate water source to the hosted homeless encampment, as approved by the provider as appropriate, or other water service.
(d) No homeless encampment shall be located within a critical area or its buffer as defined under Chapter 17.10 LMC.
(e) No permanent structures will be constructed for the hosted homeless encampment.
(f) No more than 100 residents shall be allowed. The city may further limit the number of residents as site conditions dictate.
(g) Adequate on-site parking shall be provided for the hosted homeless encampment. No off-site parking will be allowed. If the hosted homeless encampment is located on site with another use, it shall be demonstrated that the hosted homeless encampment parking will not create a shortage of code-required on-site parking for the other uses on the property.
(h) The hosted homeless encampment shall be within one-quarter mile of a bus stop with six-days-per-week service, whenever possible. If not located within one-quarter mile of a bus stop, the sponsoring agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses).
(i) The hosted homeless encampment shall be adequately buffered and screened from adjacent right-of-way and residential properties. Screening shall be a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the city.
(j) All sanitary portable toilets shall be screened from adjacent properties and rights-of-way. The type of screening shall be approved by the city and may include, but is not limited to, a combination of fencing and/or landscaping.
(k) The sponsoring agency shall be responsible for the cleanup of the hosted homeless encampment site within seven calendar days of the encampment’s termination.
(3) Security.
(a) An operations and security plan for the homeless encampment shall be submitted and approved by the city.
(b) The host agency shall provide to all residents of the hosted homeless encampment a code of conduct for living at the hosted homeless encampment. A copy of the code of conduct shall be submitted to the city at the time of application.
(c) All hosted homeless encampment residents must sign an agreement to abide by the code of conduct and failure to do so shall result in the noncompliant resident’s immediate and permanent expulsion from the property.
(d) The sponsoring agency shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay.
(e) The sponsoring agency shall take all reasonable and legal steps to obtain verifiable identification, such as a driver’s license, government-issued identification card, military identification or passport from prospective and existing encampment residents.
(f) The sponsoring agency will use identification to obtain sex offender and warrant checks from the Longview police department or Cowlitz County sheriff’s office.
(i) If said warrant and sex offender checks reveal either: (A) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (B) the subject of the check is a sex offender, required to register with the county sheriff or their county of residence pursuant to RCW 9A.44.130, then the sponsoring agency will reject the subject of the check for residency to the hosted homeless encampment or eject the subject of the check if that person is already a hosted homeless encampment resident.
(ii) The sponsoring agency shall immediately contact the Longview police department if the reason for rejection or ejection of an individual from the homeless encampment is an active warrant, is due to the individual being a sex offender required to register and/or if, in the opinion of the on-duty executive committee member or the on-duty security staff, the rejected/ejected person is a potential threat to the community.
(g) The sponsoring agency shall self-police and self-manage its residents and prohibit alcohol, drugs, weapons, fighting, and abuse of any kind, littering or disturbing neighbors while located on the property.
(h) The sponsoring agency will appoint an executive committee member to serve on duty at all times to serve as a point of contact for city of Longview police and will orient the police as to how the security operates. The names of the on-duty executive committee members will be posted daily in the security tent. The city shall provide contact numbers of nonemergency personnel, which shall be posted at the security tent.
(4) Timing. All permits issued under this section must be annually reviewed for renewal by the director of community development or their designee. Renewal of permits is at the sole discretion of the director or their designee. Permits issued under this section will automatically expire after one year unless renewed by the director or their designee.
(5) Health and Safety.
(a) The homeless encampment shall conform to the following fire requirements:
(i) Material used as roof covering and walls shall be in accordance with the fire code.
(ii) There shall be no open fires for cooking or heating.
(iii) No heating appliances within the individual tents are allowed unless the appliance is designed and listed for that purpose.
(iv) No cooking appliances other than microwave appliances are allowed.
(v) An adequate number and appropriate rating of fire extinguishers shall be provided as approved by the fire department.
(vi) Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the fire department.
(vii) Adequate separation between tents and other structures shall be maintained as determined by the fire department.
(viii) Electrical service shall be in accordance with recognized and accepted practice; electrical cords are not to be strung together and any cords used must be approved for exterior use.
(b) The sponsoring and host agencies shall permit inspections by Longview city staff and the Cowlitz County health department at reasonable times without prior notice for compliance with the conditions of this permit.
(6) Good Neighbor Agreement/Community Engagement Plan. Any hosted homeless encampment established pursuant to the provisions of this section shall, in addition to the provisions of this section, also comply with the requirements of LMC 19.44.110 regarding good neighbor agreements and community engagement plans.
(7) Termination. If the sponsoring agency fails to take action against a resident who violates the terms and conditions of this permit, it may result in immediate termination of the permit. If the city learns of uncontrolled violence or acts of undisciplined violence by residents of the encampment and the sponsoring agency has not adequately addressed the situation, the temporary use permit may be immediately terminated. (Ord. 3495 § 1, 2023; Ord. 3443 § 1, 2021; Ord. 3417 § 3, 2019; Ord. 3150 § 1, 2010; Ord. 3146 § 1, 2010).
7.29.070 Permits.
(1) The director of public works, or his/her designee, is authorized to permit persons to store personal property in or on streets, sidewalks or any publicly owned parking lot or publicly owned area, improved or unimproved, in the city of Longview. If the request for a permit is related to a parade, athletic event and/or other special event as defined in LMC 7.40.010, then the process to follow for the requested permit shall be as set forth in Chapter 7.40 LMC and not as set forth in this section.
(2) The director of public works is authorized to promulgate rules and regulations, not contrary to any criteria or requirements set forth herein, regarding the implementation of the permit process of this section. (Ord. 3417 § 3, 2019; Ord. 3146 § 1, 2010).