Chapter 9.90
UNAUTHORIZED CAMPING
Sections:
9.90.005 Purpose and public duty created.
9.90.020 Unauthorized camping.
9.90.030 Unauthorized storage of personal property in public places.
9.90.040 Penalty for violations.
9.90.005 Purpose and public duty created.
It is the purpose of this chapter to prevent harm to the health, safety and welfare of the public, and to promote the public health, safety, general welfare and economic health and well-being of the city of Poulsbo by making public streets, sidewalks and other public areas 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 which they were intended. It is also the purpose of this chapter to help prevent harm to those persons seeking to use public property for camping purposes from inadequate electrical, sanitary, water, storage and other facilities.
It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create, either expressly or implicitly, or otherwise establish or designate any particular class or group of persons or individuals who will or should be especially protected or benefited by the terms of this chapter. Nothing in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the interpretation or enforcement of this chapter by its officers, employees or agents. (Ord. 2016-16 § 1 (part), 2016)
9.90.010 Definitions.
A. “Camp” means to pitch, erect or occupy camp facilities, or to use camp paraphernalia or both for the purposes of, or in such a way as will permit remaining overnight or for habitation or temporary living quarters; or parking a trailer, camper, or other vehicle for the purposes of remaining overnight or for habitation or temporary living quarters.
B. “Camp facilities” include, but are not limited to, tents, huts, temporary shelters, or vehicles.
C. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks or cooking facilities and similar equipment.
D. “Park” means and includes all city parks, public squares, park drives, parkways, and play and recreation grounds under the jurisdiction of the parks and recreation director as established by Chapters 2.08, 12.30, and 12.32.
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” includes any highway, lane, road, street, right-of-way, boulevard, alley and every way or place in Poulsbo open as a matter of right to public vehicular travel. (Ord. 2016-16 § 1 (part), 2016)
9.90.020 Unauthorized camping.
It shall be unlawful for any person to camp, occupy camp facilities or use camp paraphernalia in any park or playfield owned by the city, or on any sidewalk, street, alley, lane, public right-of-way, or under any bridge or viaduct, or in any other public place to which the general public has access, except in park areas designated by the city director of parks and recreation, or as otherwise provided by ordinance. (Ord. 2016-16 § 1 (part), 2016)
9.90.030 Unauthorized 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 any park or playfield owned by the city, or on any sidewalk, street, alley, lane, public right-of-way, or under any bridge or viaduct, or in any other public place to which the general public has access, except in park areas designated by the city director of parks and recreation, or as otherwise provided by ordinance. (Ord. 2016-16 § 1 (part), 2016)
9.90.040 Penalty for violations.
A. Violation of any of the provisions of this chapter is a misdemeanor offense and shall be punished upon conviction of such violation by a fine of not more than one thousand dollars, or by imprisonment not to exceed ninety days, or by both such fine and imprisonment.
B. Law enforcement officers shall not enforce the unauthorized camping provisions of Section 9.90.020 when no alternative accommodations are available. As used in this section, an alternative accommodation is available if (1) a community service organization has available vouchers that allow an individual or family unit experiencing homelessness to stay overnight at a hotel or motel without charge; or (2) space is available without charge at a temporary transitory accommodation as defined in Chapter 18.190 for an individual or family unit experiencing homelessness; or (3) space is available for an overnight stay without charge at a public or private shelter open to an individual or family unit experiencing homelessness. If an individual or family unit cannot use an available accommodation because of the individual or family member’s sex, familial or marital status, religious beliefs, disability, or length-of-stay restrictions, the accommodation is not considered available. The accommodation is considered available if the individual could not use the accommodation due to voluntary actions such as intoxication, drug use, unruly behavior or violation of shelter rules.
C. Prior to and in lieu of the filing of criminal charges by the city prosecutor, first time offenders shall be issued a noncriminal notice, a copy of this chapter, and a resource list of community providers of housing, mental health, alcohol dependence, and/or drug addiction treatment services. This provision does not establish or otherwise obligate the city or its employees to provide said services, nor does it establish any right to such services by any person. (Ord. 2016-16 § 1 (part), 2016)