HomeMy WebLinkAbout3516ORDINANCE NO. 25140
AN ORDINANCE of the City Council of the City of
Kent, Washington, enacting a new chapter, Chapter 8.09,
entitled "Camping," prohibiting camping in certain public
areas.
WHEREAS, the City is experiencing an increasing number of individuals
camping, without authorization, in parks and on public places in the City of Kent; and
WHEREAS, such activity creates a health, sanitation, and public safety
issue for the citizens of the City of Kent; and
WHEREAS, it is in the general health, safety, and welfare of the citizens
in the City of Kent to prohibit unauthorized camping in parks and on other public places
within the City of Kent; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new chapter, Chapter 8.09, entitled "Camping," shall be
added to Title 8 of the Kent City Code as follows:
Camping
CHAPTER 8.09 CAMPING
Sec. 8.09.010. Unlawful camping in public places. Except as permitted by permit
pursuant to KCC 8.09.040 below or as otherwise provided by ordinance, it shall be
unlawful for any person to camp in any park or other public place.
Sec. 8.09.020. Unlawful storage of personal property in public places. Except
as permitted by permit pursuant to KCC 8.09.040 below or as otherwise provided
ordinance, it shall be unlawful for any person to store personal property, including
facilities and camp paraphernalia, in any park or other public place.
Sec. 8.09.030. Definitions. The following definitions are applicable in this
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, motor vehicles, trailers, tents, huts,
or temporary shelters.
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. Director means any director of a City of Kent department having authority over
public areas or any other person authorized by the Mayor to exercise such authority or his
or her designee.
E. Park means and includes all city parks, public squares, park drives, parkways,
boulevards, golf courses, park museums, zoos, bathing beaches, and play and recreation
grounds under the jurisdiction of the City of Kent Parks and Recreation Department.
F. Public place means and includes streets, ways, boulevards, sidewalks, planting
(parking) strips, squares, triangles, rights-of-way, publicly owned parking lot or publicly
owned area, improved or unimproved, and other public places appropriated to the public
for public use, including buildings, structures and appurtenances situated thereon.
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G. 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.
H. Store means to put aside or accumulate for use when needed, to put for safekeeping,
to place or leave in a location.
I. Street means any highway, avenue, lane, road, street, drive, place, boulevard, alley,
right-of-way, and every way or place in the City of Kent open as a matter of right to public
vehicular travel.
Sec. 8.09.040. Parked recreational vehicles exempt. The provisions of
chapter shall not prohibit recreational vehicles from being parked within or on any park or
other public place, subject to the parking provisions of chapter 9.38 and other applicable
provisions of the Kent City Code, if said recreational vehicle is not at that time being used
as temporary living quarters or otherwise inhabited. A recreational vehicle may only be
inhabited within or on any park or other public place pursuant to Section 8.09.040 above.
Sec. 8.09.050. Permit.
A. The director is authorized, by permit, to allow persons to camp, occupy can
facilities, use camp paraphernalia, or store personal property within or any park or oth
public place that may be designated by the City for such use in the City of Kent.
B. The director shall approve a permit as provided under this section when, from
consideration of the application and from such other information as may otherwise t
obtained, the director finds that:
1. Adequate sanitary facilities are provided and accessible at or near
campsite;
2. Adequate trash receptacles and trash collection is to be provided;
3. The camping activity will not unreasonably disturb or interfere with
peace, comfort, and repose of private property owners; and
3 Camping
4. The camping activity is not reasonably likely to cause injury to persons or
property, to provoke disorderly conduct, or create a disturbance.
C. The director is authorized to promulgate rules and regulations regarding the
implementation and enforcement of this chapter.
D. No permit shall be issued for a period of time in excess of seven (7) calendar days.
E. Any person denied a permit may appeal the denial to the hearing examiner pursuant
to Ch. 2.32. The decision of the hearing examiner shall be final unless appealed
to the superior court pursuant to said chapter.
See. 8.09.060. Penalty for violations. Violation of any of the provisions of this
chapter is a misdemeanor and shall be punishable as follows:
A. First offense. Any person who violates any of the provisions of this chapter shall
be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars
($1,000) or by imprisonment not to exceed ninety (90) days, or by both such fine and
imprisonment.
B. Second offense. Any person who violates any of the provisions of this chapter a
second time within a five-year period shall be guilty of a misdemeanor, punishable by a
fine of not more than one thousand dollars ($1,000) or by imprisonment not to exceed
ninety (90) days, or by both such fine and imprisonment. One hundred dollars ($100) of
the fine and one (1) day of imprisonment shall not be suspended or deferred.
C. Third or subsequent offense. Any person who violates any of the provisions of this
chapter a third or more times within a five-year period shall be guilty of a misdemeanor,
punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment
not to exceed ninety (90) days, or by both such fine and imprisonment. Five hundred
dollars ($500) of the fine and five (5) days imprisonment shall not be suspended or
deferred.
SECTION 2. — Severability. If any one or more section, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
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not affect the validity of the remaining portion of this ordinance and the same shall remain
in full force and effect.
SECTION 3. — Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and publication as provided by
law.
J ITE, MAYOR
ATTEST:
BRENDA JACOBER TY CLERK
APPROVED AS TO FORM:
i,&AA 1 ®(/l lK ' lam' lM— t01..
ROGER LUBOVICH, CITY ATTORNEY
PASSED:
5
day of S}
, 2000.
APPROVED:
S
day of [ Ct,,.
2000.
PUBLISHED:
day of�
12000.
I hereby certify that this is a true copy of Ordinance No. 3516
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAT)
BRENDA JACO , CITY CLERK
P\Civil\Ordinance\Camping.doc
Camping