Chapter 8.60
REGULATING PUBLIC CAMPING
Sections:
8.60.040 Storage of personal property.
8.60.050 Removal of personal property.
8.60.060 Enforcement – Shelter availability.
8.60.070 Parks and parks facilities.
8.60.080 Penalty for violations.
8.60.010 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, sidewalks, and other public property within the city readily accessible to the public, and to prevent the use of public property for camping purposes or storage of personal property which interferes with the rights of others to use the areas for the purposes for which they were intended. (Ord. 3876 § 2, 2023).
8.60.020 Definitions.
The following definitions are applicable in this chapter unless the context otherwise requires:
A. “Available overnight shelter” means a public or private facility, or outdoor encampment permitted by the city or other local jurisdiction with authority, with an available overnight space, open to person(s) experiencing homelessness at no charge, located within a 20-mile radius from the Mount Vernon City Hall which is accessible to the person by public transportation, city-provided transportation, or vehicle for hire at no cost for that person and shelter staff confirms to a city employee that it has an available overnight space at no cost for that person. “Available overnight shelter” also includes a hotel or motel that is made available to an individual experiencing homelessness at no charge.
If an individual or family unit cannot use an available accommodation because of the individual or family member’s sex, familial or marital status, disability, or length-of-stay restriction, or because the person’s use of the shelter would unlawfully interfere with the person’s constitutional rights, the accommodation is not considered available.
B. “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 camper, recreational vehicle, trailer, or other vehicle for the purpose of remaining overnight.
C. “Camp facilities” means, but is not limited to, tents, huts, temporary shelters, campers, recreational vehicles, or trailers.
D. “Camp paraphernalia” means, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.
E. “Park” and “park facility” shall have the same meanings as used in MVMC 12.32.020 as adopted or may be amended.
F. “Personal property” means an item that is:
1. Reasonably recognizable as belonging to a person;
2. In its present condition has apparent utility and/or value; and
3. Is not hazardous or unsanitary.
G. “Right-of-way” shall have the same meaning as used in MVMC 12.22.050 as adopted or may be amended.
H. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
I. “Stormwater drainage facility” means “detention facilities,” “drainage facility,” “drainage system” and “drainage treatment/abatement facilities” as those terms are defined in MVMC 13.33.020 as adopted or may be amended.
J. “Trail” means a right-of-way, other than a street or adjacent sidewalk, constructed for the primary purpose of allowing recreational nonmotorized transportation.
K. “Unauthorized encampment” means two or more camp facilities in an identifiable area which appear to be used for unlawful camping. For purposes of this chapter, an identifiable area includes areas where the camp facilities are in sight of each other and/or areas where each camp facility is located within 300 feet of another camp facility. (Ord. 3876 § 2, 2023).
8.60.030 Unlawful camping.
It is unlawful for any person to camp in the following areas, except as otherwise provided by the Mount Vernon Municipal Code or where specifically designated:
A. Any right-of-way;
B. Any publicly owned parking lot, whether improved or unimproved;
C. Any publicly owned stormwater drainage facility; or
D. Any other city-owned or city-maintained property. (Ord. 3876 § 2, 2023).
8.60.040 Storage of personal property.
Unless authorized by city code, city contract or permit, it is unlawful for any person to store overnight personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by the Mount Vernon Municipal Code:
A. Any right-of-way;
B. Any trail, park, or park facility not subject to Chapter 12.32 MVMC;
C. Any publicly owned parking lot, whether improved or unimproved;
D. Any publicly owned stormwater drainage facility; or
E. Any other city-owned or city-maintained 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. 3876 § 2, 2023).
8.60.050 Removal of personal property.
The city may remove unlawfully stored personal property. Removal will be pursuant to city policy and as allowed by law. The city will facilitate the storage of personal property as required by law. (Ord. 3876 § 2, 2023).
8.60.060 Enforcement – Shelter availability.
A. Except on the properties set forth in subsection B of this section, where enforcement may occur at all times, the city shall not enforce the provisions of MVMC 8.60.030 or 8.60.040 against persons experiencing homelessness if there is no available overnight shelter that can be utilized by that particular person. If available overnight shelter is available, the shelter space must be offered to the person(s) experiencing homelessness. If the available shelter space is refused, the provisions of MVMC 8.60.030 and 8.60.040 may be enforced against persons experiencing homelessness.
B. All provisions of this chapter prohibiting camping, storage of personal property, including camp facilities and camp paraphernalia, and unauthorized encampments pursuant to MVMC 8.60.030 and 8.60.040 may be enforced at the following locations without regard to shelter availability:
1. Publicly owned stormwater drainage facilities;
2. Improved and unimproved city property that is not right-of-way, including but not limited to City Hall; police department; public library; Library Commons; public works offices, shop, and yard waste facilities; wastewater treatment plant; fire stations; and city-owned parking lots;
3. Storing personal property on right-of-way when the unlawful camping or unlawful storage of personal property reasonably appears to be a direct danger to health or safety, impedes or obstructs pedestrian traffic such that pedestrians are required to use the street or cannot access a building during normal business hours, or impedes vehicular traffic. (Ord. 3876 § 2, 2023).
8.60.070 Parks and parks facilities.
This chapter shall not apply to camping in a city park or park facility wherein camping is regulated under MVMC 12.32.070. (Ord. 3876 § 2, 2023).
8.60.080 Penalty for violations.
A. Violation of any of the provisions of this chapter is 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; however, the maximum fine imposed for a first conviction for a violation of this chapter shall be no more than $100.00.
B. Prior to imposing any fine for violation of this chapter, the court shall make an inquiry into a person’s ability to pay. The court is explicitly authorized to impose a requirement to perform community service in lieu of paying a fine. (Ord. 3876 § 2, 2023).