Chapter 9.66
CAMPING IN PUBLIC PLACES
Sections:
9.66.055 Sleeping on sidewalks, streets, alleys, or within doorways prohibited.
9.66.060 Penalty for violations.
9.66.080 No public duty created.
9.66.090 Temporary exclusion from public property – Trespass warning notice – Appeal.
9.66.100 Removal of campsite or encampment on public property.
9.66.110 Disposition and release of personal property.
9.66.010 Findings.
People camping on public property and on public rights-of-way create a public health and safety hazard due to the lack of proper electrical and/or sanitary facilities for these people. People without proper sanitary facilities have openly 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 rights of others to use the areas for which they were intended. (Ord. 1838 § 2 (Exh. A), 2018)
9.66.020 Purpose.
It is the purpose of this chapter to prevent harm to the health or safety of the public and to promote the public health, safety and general welfare by making public streets and other areas readily accessible to the public and to prevent 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. (Ord. 1838 § 2 (Exh. A), 2018)
9.66.030 Definitions.
The following definitions are applicable in this chapter unless the context otherwise requires:
“Camp” or “camping” means to pitch, create, use, or occupy camp facilities for the purposes of habitation, as evidenced by the use of camp paraphernalia.
“Camp facilities” include, but are not limited to, tents, huts, temporary shelters, or vehicles.
“Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-city-designated cooking facilities and similar equipment.
“Encampment” means an identifiable area within the city where evidence is present reasonably indicating a person or multiple people inhabit or have inhabited, including but not limited to one or more tent(s), structure(s), shelter(s), or collection of camping equipment, bedding, or personal property used for camping or otherwise sleeping and living in, a location, whether currently occupied or abandoned.
“Hazardous item” or “hazardous material” means items that reasonably appear to pose a threat to public safety or health to an individual, members of the public, or to city employees. Examples include, but are not limited to: human and/or animal waste; drug use needles or other illegal drug-related paraphernalia; illegal drugs or items that may be used for manufacture of illegal drugs; items bearing signs of contamination, infestation, mold, or biohazard; dangerous or hazardous chemicals; and items posing a risk of fire or explosion.
“Park” has the same definition as provided in WMC 2.20.010 and includes all city parks and all areas within the boundaries of a city park, including structures, regardless of whether the area is under the management and control of the parks and recreation department.
“Personal property” means an item that reasonably appears to belong to a person, does not constitute a hazard, and has apparent utility in its present condition. Examples include Social Security cards or other identification documents, legal prescription medications, photographs, bicycles, cellular phones, jewelry, tents, bedding, clothing, weapons, and electronic equipment. Personal property does not include building materials such as lumber, metal, pallets, or rigid plastic.
“Public property” means any city or other publicly owned or maintained area, improved or unimproved, including but not limited to parks, docks and marinas, trails, underpasses (bridges, viaducts, etc.), buildings, and parking lots.
“Sidewalk” has the same definition as provided in WMC 12.20.010.
“Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
“Street” means any highway, lane, road, street, right-of-way, boulevard, alley, and every way or place in the city of Washougal that is publicly owned or maintained for public vehicular travel.
“Trespass warning notice” means a written exclusion order issued by a law enforcement officer that excludes a person from specific public property associated with a person’s violations of local or state laws. Admonishments may be issued for a period of up to one year from the issuance date and subject a person to arrest and prosecution for criminal trespass if violated.
“Vehicle” means the same as defined in RCW 46.04.670 and vehicle “parking” means the same as defined in RCW 46.04.381, as adopted by WMC 10.08.010. (Ord. 1986 § 1, 2024; Ord. 1838 § 2 (Exh. A), 2018)
9.66.040 Unlawful camping.
(1) It shall be unlawful for any person to camp or occupy camp facilities for the purposes of habitation or use camp paraphernalia, except as otherwise provided by ordinance or as permitted pursuant to WMC 9.66.070:
(a) On city-owned or city-maintained property, including, without limitations, City Hall, city public works buildings, parks, police station, fire station, utility facilities, city library, and surrounding grounds;
(b) Any street or right-of-way; or
(c) Any other publicly owned or maintained parking lot or publicly owned property or maintained area, improved or unimproved.
(2) It shall be unlawful for any person to store camp facilities (other than vehicles) or camp paraphernalia in any of the areas listed in subsection (1) of this section, except as otherwise provided by ordinance. (Ord. 1986 § 2, 2024; Ord. 1838 § 2 (Exh. A), 2018)
9.66.050 Unlawful storage of personal property in public places.
Repealed by Ord. 1986. (Ord. 1838 § 2 (Exh. A), 2018)
9.66.055 Sleeping on sidewalks, streets, alleys, or within doorways prohibited.
(1) No person may sleep on public sidewalks, streets, or alleyways at any time as a matter of individual and public safety.
(2) No person may sleep in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk.
(3) In addition to any other remedy provided by law, any person found in violation of this section may be immediately removed from the premises. (Ord. 1986 § 3, 2024)
9.66.060 Penalty for violations.
A violation of this chapter is a civil infraction, punishable by a fine of $75.00 per violation; provided, however, that the following escalating penalties shall apply to violations:
(1) The first violation of any provisions within this chapter is punishable by a fine of $75.00, which may be reduced to $35.00 for mitigation efforts of the violating individual per WMC 9.66.065.
(2) The second violation of any provisions within this chapter is punishable by a fine of $75.00, which may be reduced to $50.00 for mitigation efforts of the violating individual per WMC 9.66.065.
(3) In the instance of a third violation within one year of previous two citations under this chapter, in addition to a fine of $75.00, the individual in violation may be issued a trespass warning notice by a city police officer barring said individual from the particular public property associated with the violations for a period of 30 days up to a period of one year, as determined by the officer based on a totality of the circumstances.
(a) Such a trespass warning notice and exclusion order shall only apply to the particular public property that the conduct constituting a violation of this chapter occurred in.
(b) A person violating a trespass warning notice is subject to arrest and prosecution for criminal trespass, a misdemeanor under RCW 9A.52.080 or 9A.52.070, as existing or hereafter amended, as incorporated by WMC 1.04.045, as applicable. (Ord. 1986 § 4, 2024; Ord. 1838 § 2 (Exh. A), 2018)
9.66.065 Mitigation.
Upon conviction for a violation of this chapter, in addition to any other factors deemed appropriate by the court, the court may consider whether the person immediately removed all personal property and litter, including but not limited to bottles, cans, and garbage from the campsite, after being informed the placement thereof was in violation of the law as a mitigating factor for determining appropriate penalties. (Ord. 1986 § 5, 2024)
9.66.070 Permit.
(1) The city manager, or his/her designee, is authorized to issue permits to persons to camp, occupy camp facilities, use camp paraphernalia, or store personal property in parks, streets, or any publicly owned parking lot or publicly owned area, improved or unimproved, in the city of Washougal. Such permit may be issued after application consistent with the provisions of this section.
(2) Upon receipt of an application for any permit under this section, the city manager, or his/her designee, shall send a copy of the application to the city departments of police, parks, public works, community development, and fire. Each of these departments shall inspect the application and each such department shall report to the city manager, or his/her designee, within 10 working days after the filing of the application. Such reports shall mention any problems which the proposed activity is expected to pose for the city or the public and make any necessary recommendations for protecting the public peace, health, safety, life, property, and welfare in the event a permit is, or was, issued.
(3) The city manager, or his/her designee, is authorized to promulgate other rules and regulations regarding the implementation and enforcement of this chapter.
(4) The city manager, or his/her designee, may approve a permit as provided under this section when, from a consideration of the application, reports from other city departments, and from such other information as may otherwise be obtained, he or she finds that:
(a) Adequate sanitary facilities are provided and accessible at or near the proposed camp site;
(b) Adequate trash receptacles and trash collection are provided; and
(c) The camping activity will not unreasonably disturb or interfere with the safety, peace, comfort, and repose of private property owners or of the public.
(5) A permit approved and issued under this section shall include any terms and conditions imposed on the activity authorized by the permit.
(6) No permit shall be issued for a period of time in excess of 14 calendar days in any one calendar year.
(7) The city manager, or his/her designee, is authorized to revoke a permit that has been issued if he or she finds lack of compliance with any requirement of subsection (4) of this section, or of any rule or regulation promulgated under subsection (3) of this section, or of any ordinance or statute.
(8) Any person who is denied a permit, or had his/her permit revoked, may appeal the denial/revocation to a hearings examiner appointed by the city manager or his/her designee. Notice of appeal must be in writing and filed with the city clerk within seven working days from the date of the denial. (Ord. 1986 § 6, 2024; Ord. 1875 § 1 (Exh. A), 2019; Ord. 1838 § 2 (Exh. A), 2018)
9.66.080 No public duty created.
(1) 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 or otherwise establish or designate any particular class or group of persons or individual who will or should be especially protected or benefited by the terms of this chapter.
(2) Nothing contained 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 enforcement of this chapter by its officers, employees, or agents. (Ord. 1986 § 7, 2024; Ord. 1838 § 2 (Exh. A), 2018)
9.66.090 Temporary exclusion from public property – Trespass warning notice – Appeal.
(1) An individual may be issued a trespass warning notice (or notice and exclusion order) by a police officer barring said individual from public property for a period of 30 days up to one year, as determined by the officer based on a totality of the circumstances if within a one-year period the individual is warned two or more times, formally or informally, or issued two or more citations at the same public property for violating regulations related to public property; or for violating any state or local law(s) while on said public property.
(2) The foregoing notice and exclusion order shall only apply to the particular public property in which the offending conduct occurred.
(3) An individual with a current notice and exclusion order applying to them may be subject to arrest and prosecution for criminal trespass under RCW 9A.52.070 or 9A.52.080, as existing now or hereafter amended, and as incorporated by WMC 1.04.045, as applicable, for violating the exclusion order.
(4) A trespass warning notice may be delivered in person to the individual or by first class mail to the individual at the individual’s last known address, or any other method reasonably designed to provide service of the notice to the individual trespassed. Notices served by first class mail are considered received two business days after the date of mailing. A trespass warning notice is:
(a) Effective whether or not the subject excluded is charged, tried, or convicted of any crime or infraction;
(b) Effective even if the subject excluded refuses a copy of the notice; provided, that the issuing city official reasonably notifies the subject excluded of the period and place(s) of exclusion, and appeal process under this notice;
(c) Effective for the exclusion period unless and until shortened or rescinded by an official ruling after appeal in this section; and
(d) May be based upon observations by city officials and/or police officers, or upon civilian reports that an official or officer could reasonably rely on in determining probable cause.
(5) A person subject to a trespass warning notice may appeal such notice in writing. The appeal process cannot be used to appeal any criminal penalties imposed by a court under this chapter or any other law. Any such appeal must:
(a) Be in writing including at least the person’s name, the involved property location, and the approximate notice date to enable processing of the appeal;
(b) Be received by the city clerk or postmarked within 14 calendar days of the person’s receipt of the notice; and
(c) Be under oath and include all facts that the excluded person believes support shortening or rescinding the trespass warning notice and exclusion order.
(6) The city manager or designee shall review any appeal of a trespass warning notice and exclusion order and shall issue a ruling upholding, rescinding, or shortening the trespass warning notice within 14 calendar days of receiving the written request for appeal. The city manager or designee may consider the information contained in the trespass warning notice and any other relevant and trustworthy submitted written materials in deciding the appeal. The trespass warning notice shall be upheld if supported by a preponderance of evidence. The ruling may be transmitted to the excluded subject by mail, in person, electronically, or by any other method specified by the person or reasonably likely under the circumstances to give notice of the decision. (Ord. 1986 § 8, 2024)
9.66.100 Removal of campsite or encampment on public property.
Upon discovery of a campsite on public property or a street, unless the campsite presents an immediate danger to individual or public health and safety requiring its immediate removal, a campsite may be removed by the city, with the assistance of the police department, after the city posts a notice not less than 72 hours in advance of the planned removal. After the notice period has passed, the city, with the assistance of the police department, is authorized to remove the campsite and all personal property related thereto. (Ord. 1986 § 9, 2024)
9.66.110 Disposition and release of personal property.
(1) Items not meeting the definition of “personal property,” such as items having no apparent utility or monetary value, trash, or items in a hazardous or unsanitary condition, may be immediately discarded.
(2) Weapons, drug paraphernalia, illegal drugs, items appearing to be stolen, and evidence of a crime may be retained as evidence by the police department until an alternate disposition is determined.
(3) All personal property removed from the campsite which is not retained, disposed of, or held as evidence (as provided above) shall be stored by the city for a period of not less than 60 days or a greater amount of time as established by Chapter 63.32 RCW, as existing or hereafter amended, during which time it shall be reasonably available for and released to an individual confirming ownership. (Ord. 1986 § 10, 2024)