HomeMy WebLinkAboutCity Council Committees - Operations and Public Safety Committee - 10/04/2022 (2) 4^* Operations and Public Safety
• Committee
KEN T Tuesday, October 4, 2022
WASHINGTON 4:00 PM
Chambers
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 894 2176 5941, Passcode: 701220
Chair Bill Boyce
Councilmember Brenda Fincher Councilmember Satwinder Kaur
Councilmember Marli Larimer Councilmember Zandria Michaud
Councilmember Les Thomas Councilmember Toni Troutner
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Item Description Action Speaker Time
1. Call to Order Chair
2. Roll Call Chair
3. Agenda Approval Chair
4. Business Chair
A. Approval of Minutes
Approval of September 20, YES Chair 01 MIN.
2022 Minutes
B. Ordinance to Repeal and YES Pat Fitzpatrick 45 MIN.
Replace Chapter 8.09 of the
Kent City Code, with a new
chapter entitled "Camping
on Public Property" - Adopt
5. Adjournment Chair
The public may submit written public comments that relate to a committee agenda item by emailing:
cityclerk@kentwa.gov by 3:30 p.m. on the day of this committee meeting. After 3:30 p.m., written
public comments may only be submitted in person by presenting them to the committee secretary at
the public meeting. Written public comments that do not relate to a committee agenda item are not
permitted. Written public comments are not read into the record.
Unless otherwise noted, the Operations and Public Safety Committee meets at 4 p.m. on the first and
third Tuesday of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue South, Kent,
WA 98032
Operations and Public Safety Committee CC Ops and October 4, 2022
PS Regular Meeting
For additional information please contact Kim Komoto at 253-856-5728, or email
Kkomoto@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at 253-856-
5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1.
Pending Approval
Operations and Public Safety
KENT Committee
WA9H... CC Ops and PS Regular Meeting
Minutes
September 20, 2022
Date: September 20, 2022
Time: 4:03 p.m.
Place: Chambers
Members: Bill Boyce, Chair
Brenda Fincher, Councilmember
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Zandria Michaud, Councilmember
Les Thomas, Councilmember o
Toni Troutner Councilmember
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Agenda: a
1. Call to Order 4:03 p.m. a
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Council President Boyce called the meeting to order. R
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2. Roll Call N
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Attendee Name Title Status Arrived N
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Bill Boyce Chair Present in
Brenda Fincher Councilmember Present 0
Satwinder Kaur Councilmember Present a
Marli Larimer Councilmember Excused
Zandria Michaud Councilmember Present
Les Thomas Councilmember Excused
Toni Troutner Councilmember Present
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3. Agenda Approval a
1. I move to approve the agenda as presented.
RESULT: MOTION PASSES [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
4. Business
A. Approval of Minutes
Approval of Minutes dated September 6, 2022
MOTION: Move to approve the Minutes dated September 6, 2022
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Page I of 5 Packet Pg. 3
Operations and Public Safety Committee CC Ops September 20, 2022
and PS Regular Meeting Kent, Washington
Minutes
......................................................................................................................................................................................................................................................................................................._...............................................................................................................................................................................................................
RESULT: APPROVED [UNANIMOUS]
MOVER: Toni Troutner, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
B. Payment of Bills - Approve
MOTION: I move to approve the payment of bills received through
9/15/22 and paid on 9/15/22 and approve the checks issued for
payroll 9/1/22-9/15/22 and paid on 9/20/22, all audited by the
Operations and Public Safety Committee on 9/20/22.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 10/4/2022 7:00 PM —
MOVER: Toni Troutner, Councilmember
SECONDER: Zandria Michaud, Councilmember o
AYES: Boyce, Fincher, Kaur, Michaud, Troutner a
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C. Resolution Allowing Community Roots Housing to Build Middle-
Income Housing within the City of Kent - Adopt a
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Bill Ellis, Chief Economic Development Officer, advised of the Resolution I
authorizing the City to enter into an Interlocal Agreement with Community N
Roots Housing, a public development authority chartered by the City of N
Seattle. Both the City of Seattle and the Board of Directors of Community N
Roots Housing have passed resolutions of intent to prospect, acquire, and
develop properties in the City of Kent and work with the City of Kent in these N
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efforts. To allow and welcome the Public Development Authority's activities in
the City of Kent, the City Council will need to pass a resolution. This will .2
enable Community Roots Housing to work with City of Kent staff to identify
and build opportunities within our City.
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Boyce advised this is a great opportunity for the City. 2
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Ellis advised of the next steps and indicated additional information will be a
brough through the Economic and Community Development Committee.
MOTION: I move to adopt Resolution No. 2050, authorizing the c
Mayor to sign an Interlocal Agreement with the City of Seattle that
allows Community Roots Housing, a Public Development Authority
established by the City of Seattle, to develop affordable middle
income and multifamily housing in Kent.
RESULT: MOTION PASSES [UNANIMOUS] Next: 9/20/2022 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
D. Agreement with Pause, Inc for Staff Training - Authorize
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Page 2 of 5 Packet Pg. 4
Operations and Public Safety Committee CC Ops September 20, 2022
and PS Regular Meeting Kent, Washington
Minutes
Race and Equity Manager, Uriel Varela advised Pause Inc. has been selected
as the consulting group who will provide mandatory staff training on Effective
Communication and Influence: Leading with Emotional Intelligence. The
training will focus on enhancing communication abilities and increasing trust
across the organization, reinforcing team relationships while increasing the
potential for effective partnership and collaboration. The training will be
completed by December 31, 2022.
Varela confirmed the training is open to Councilmembers.
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MOTION: I move to authorize the Mayor to sign a Professional
Services Agreement with Pause, Inc. for staff training, in an amount
not to exceed $154,000.00, subject to final terms and conditions 0
acceptable to the Chief Administrative Officer and City Attorney.
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ER SULT: MOTION PASSES [UNANIMOUS] Next: 10/4/2022 7:00 PM a
MOVER: Satwinder Kaur, Councilmember Q
SECONDER: Zandria Michaud, Councilmember
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AYES: Boyce, Fincher, Kaur, Michaud, Troutner c
E. Agreement with Nelson Electric, Inc. for Corrections Internal N
Cameras - Authorize N
Information Technology Project Management Office Supervisor, Brian N
Rambonga advised this agreement is for internal cameras at Kent's
Correctional Facility. The internal camera system includes technology -
equipment that delivers surveillance solutions for greater security. These U)
tough and resilient devices provide live views and enable mitigation of
security risks and increase safety for inmates and staff. In evaluating suitable
replacement options, Information Technology staff selected a system
supplied by Nelson Electric Inc. due to the reliability and reputation of their
hardware, professional services, and customer support. a
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MOTION: Authorize the Mayor to sign a Public Works Agreement with
Nelson Electric, Inc., in an amount not to exceed $150,000, for the a
purchase and installation of internal cameras at the Kent Correctional 2
facility, subject to final contract terms and conditions acceptable to =
the IT Director and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 10/4/2022 7:00 PM
MOVER: Zandria Michaud, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
F. Consultant Services Agreement with MIG, Inc. for the 2024
Comprehensive Plan Update - Authorize
Long Range Planning Manager, Kristen Holdsworth presented information
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Page 3 of 5 Packet Pg. 5
Operations and Public Safety Committee CC Ops September 20, 2022
and PS Regular Meeting Kent, Washington
Minutes
regarding the Consultant Services Agreement with MIG, Inc for the 2024
Comprehensive Plan Update.
This Consultant Services Agreement with MIG, Inc. will provide additional
staffing and expertise to perform a complete review of the existing
Comprehensive Plan, facilitate equitable outreach, update the Comprehensive
Plan document in accordance with state and legislative priorities and
updates, and complete a SEPA environmental impact review.
Holdsworth advised the City has applied for a $325,000 grant that would
offset the cost of this contract.
MOTION: I move to authorize the Mayor to sign a Consultant Services o
Agreement with MIG, Inc., in an amount not to exceed $544,090, for
the 2024 Comprehensive Plan Update, subject to final terms and °
conditions acceptable to the Economic and Community Development Q
Director and City Attorney. �-
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RESULT: MOTION PASSES [UNANIMOUS] Next: 9/20/2022 7:00 PM c
MOVER: Brenda Fincher, Councilmember I
SECONDER: Satwinder Kaur, Councilmember N
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AYES: Boyce, Fincher, Kaur, Michaud, Troutner N
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G. Amendment with Verra Mobility/ATS for Additional Red Light a
Cameras - Authorize cn
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Commander O'Reilly presented information on a Third Amendment that will
expand the scope of the City's contract with Verra Mobility to add additional
red light camera locations and extend the contract for an additional 5-year
term through May 30, 2028.
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O'Reilly advised there will be a warning period prior to these cameras issuing a
citations.
MOTION: I move to authorize the Mayor to sign the Third a
Amendment to the Professional Services Agreement with Verra 2
Mobility, extending the term through May 30, 2028, and authorizing =
the installation of additional red light cameras at six new locations,
subject to final terms and conditions acceptable to the City Attorney
and Police Chief.
RESULT: MOTION PASSES [UNANIMOUS] Next: 10/4/2022 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Zandria Michaud, Councilmember
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
H. Office of the Washington State Auditor Engagement Letter for the
2021 Audit - Authorize
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Page 4 of 5 Packet Pg. 6
Operations and Public Safety Committee CC Ops September 20, 2022
and PS Regular Meeting Kent, Washington
Minutes
Finance Director, Paula Painter provided information on the Engagement
Letter with the Office of the Washington State Auditor's office for 2021
audits, including:
Financial Statement Audit
Federal Single Audit (grant audit)
Accountability Audit - Following laws, policies and procedures the City has in
place in addition to state laws and that the City has controls in place.
MOTION: I move to authorize the Mayor and Finance Director to sign
the Engagement Letter with the Office of the Washington State
Auditor for the 2021 audit.
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RESULT: MOTION PASSES [UNANIMOUS] Next: 10/4/2022 7:00 PM >
MOVER: Zandria Michaud, Councilmember o
SECONDER: Toni Troutner, Councilmember Q
AYES: Boyce, Fincher, Kaur, Michaud, Troutner
I. INFO ONLY: King County Solid Waste Restructure Update o
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Conservation Coordinator, Tony Donati advised that at the request of cities I
and haulers throughout King County, the King County Council voted to delay cm
the implementation of its Solid Waste Rate Restructure until January 1, 2024. CT
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This delay will allow cities much needed time to update their solid waste N
contracts with their haulers.
J. INFO ONLY: Second Quarter 2022 Investment Report o
Cash and Investment Officer, Joe Bartlemay presented the Second Quarter
2022 Investment Report.
Bartlemay reviewed the overall investment portfolio through June 30, 2022
and detailed the Cash, Washington State LGIP and PFM Managed Portfolio 2
yields, maturity, market and investment values.
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Cash and Investments by type for the monthly and quarter ending balances
2020, 2021 and 2022 were reviewed. Interest earnings and total cash and
investments by fund were reviewed.
Bartlemay walked the Council through the PFM Asset Management's report
ending June 30, 2022, in additional to reviewing the sector allocations
analytics.
S. Adjournment 4:32 p.m.
Ki- lP.y Ko-HWto-
Committee Secretary
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Page 5 of 5 Packet Pg. 7
4.B
OFFICE OF THE MAYOR
Mayor Dana Ralph
220 Fourth Avenue South
KENT Kent, WA 98032
WASHINGTON 253-856-5710
DATE: October 4, 2022
TO: Operations and Public Safety Committee
SUBJECT: Ordinance to Repeal and Replace Chapter 8.09 of the Kent
City Code, with a new chapter entitled ""Camping on Public
Property" - Adopt
MOTION: I move to adopt Ordinance No. 4443, repealing Chapter 8.09 of
the Kent City Code and replacing it with a new chapter which prohibits
activities that cause environmental damage and harm public property,
including unlawful camping, storing of personal property and unlawful
fires, and setting forth the circumstances under which unlawful camping is
enforced.
SUMMARY: Camping on public property that is not designated as a campground
creates dangerous public health and safety conditions and prevents these areas
from being used for the purposes for which they were intended. The City has
prohibited camping on public property outside of designated areas since 2000
through the provisions in Chapter 8.09 the Kent City Code. Although this ordinance
repeals and replaces those provisions, it continues to prohibit camping on public
property generally and also targets areas and locations on which unlawful camping
is most destructive to the environment and disruptive to the property's intended
purpose.
Unlawful camping causes significant damage to environmentally sensitive areas
such as wetlands, streams, fish and wildlife habitat, and steep slopes ("critical
areas"). Specifically, unlawful encampments and associated activities destroy
foliage and trees, lead to an accumulation of litter, and the discharge of pollutants
such as human waste into waterways. This creates unsanitary and dangerous
conditions for the individuals camping and other users of these immediate areas
and surrounding waterways. In addition, camping in and near public facilities that
have been improved and developed for a particular purpose hinders the use of
these facilities for their intended purpose.
The City is a steward of public property and must employ its resources wisely to
develop and maintain these spaces. As part of this stewardship, it is the City's
responsibility to establish reasonable rules to help ensure the public can safely use
these spaces for their intended purpose and that the natural features and
environmentally sensitive features within them are protected and preserved. In
establishing these reasonable rules, the City must comply with the Constitution. In
Packet Pg. 8
4.6
the 2019 case, Martin v. Boise, the Ninth Circuit Court of Appeals held that it is
unconstitutional to prosecute individuals for sitting, lying, and sleeping in public
when there is no available shelter. However, the Martin case does not prevent the
City from enforcing an ordinance prohibiting camping in specified locations at all
times, nor does it prevent the City from prohibiting harmful actions associated with
unlawful camping, such as starting fires and littering.
The enforcement provisions of this ordinance comply with Martin and also address
the environmental harms of unlawful camping. Specifically, enforcement of the
unlawful camping provisions is suspended when there is no available shelter, except
in particular locations, including environmentally sensitive areas such as critical
areas and watershed properties; portions of parks that are designated for a
specified purpose, such as picnic shelters and play fields; and City-owned facilities
where business is conducted and employees work. Importantly, even when these
provisions are enforced against individuals, the City will provide assistance to
individuals to seek alternative shelter and to store belongings.
BUDGET IMPACT:
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
ATTACHMENTS:
1. Camping Ordinance (PDF)
Packet Pg. 9
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ORDINANCE NO. 4443
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AN ORDINANCE of the City Council of the ci
City of Kent, Washington, repealing Chapter 8.09 of r
the Kent City Code, entitled "Camping", and
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replacing it with a new Chapter 8.09, entitled a
"Camping on Public Property", in order to prohibit
activities that cause environmental damage and
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harm public property including unlawful camping, C
storing of personal property, unlawful fires and use R
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of cooking facilities; to set forth the procedures for
removal of unlawful encampments; and to set forth a
the circumstances under which unlawful camping is M
enforced.
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RECITALS
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A. Camping on public property that is not designated as a C
campground creates dangerous public health and safety conditions and o
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prevents these areas from being used for the purposes for which they were
intended.
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B. The City has both the authority and responsibility to regulate co
public property pursuant to Article XI, Section 11 of the Washington
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Constitution and RCW 35A.11.020. As a steward of public property, the City c
must wisely employ its limited resources to not only invest in the o
development and maintenance of public property and spaces, but also to =
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establish reasonable rules to help ensure the public can safely use these E
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Re: Camping
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spaces for their intended purpose and that the environmentally sensitive
areas and natural features within these spaces are protected and preserved,
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and function as they are intended. :'
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C. The City has prohibited camping on public property outside of
designated areas since 2000. Although this ordinance repeals and replaces
the provisions within chapter 8.09 of the Kent City Code, it continues to 3
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prohibit camping on public property generally and in addition, targets areas 0
and locations on which unlawful camping is most destructive to the
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environment and disruptive to the property's intended purpose. c
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D. Specifically, camping in "critical areas"—environmentally -
sensitive areas such as wetlands, streams, fish and wildlife habitat, and o
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steep slopes—causes significant damage to these areas. This damage °�
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includes the destruction of foliage and trees, the accumulation of litter, and
the discharge of pollutants such as human waste into waterways. These
activities also create unsanitary and dangerous conditions for the individuals
camping and other users of these immediate areas and surrounding
waterways.
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E. Additionally, camping in public places and near public facilities
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that have been improved and developed for a particular purpose hinders the
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use of these facilities for their intended purpose. Examples of these locations o
include recreational facilities such as play fields and trails, and facilities such on
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as the Senior Center, the Kent Commons, the accesso Showare Center, well
pump stations and public parking lots.
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F. For these reasons, it is critical that the City have the authority O
to immediately remove unlawful encampments from these public places and �.
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enforce these provisions at all times. U
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2 Repeal and Replace KCC 8.09 -
Re; Camping
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G. The enforcement of ordinances criminalizing camping on public
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property must be constitutional. In Martin v. Boise, 920 F.3d 584 (9th Cir. 0
2019), the Ninth Circuit Court of Appeals held that the Eighth Amendment
to the United States Constitution prohibits cities from prosecuting homeless
individuals for sitting, lying, and sleeping and taking the rudimentary
precautions to protect themselves from the elements in public when there is 3
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no available shelter. However, the Martin case does not prevent the City 0
from enforcing an ordinance prohibiting camping in certain locations at all
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times, nor does it prevent the City from prohibiting harmful actions c
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associated with unlawful camping, such as cooking in unauthorized facilities,
starting fires, and littering. -
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H. This ordinance complies with Martin by not enforcing the r
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provisions related to unlawful camping when there is no available shelter,
except in specified areas including portions of parks that are designated for
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a specified purpose, such as picnic shelters and play fields; City-owned
buildings where business is conducted and employees work; and
environmentally sensitive areas such as critical areas and watershed
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properties. Further, even when these provisions are enforced against
individuals, the City will provide assistance to individuals to seek alternative
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shelter and to store belongings.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
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WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: M
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ORDINANCE
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SECTION 1. - Repeal. Chapter 8.09 of the Kent City Code, entitled o
"Camping", is repealed in its entirety. �
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Re; Camping
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SECTION 2. - New Chapter. A new Chapter 8.09 of the Kent City
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Code is enacted as follows.
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Chapter 8.09
CAMPING ON PUBLIC PROPERTY
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Sec. 8.09.010. Purpose. It is the purpose of this chapter to prevent
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the harm to public property caused by the activities of unlawful camping; 0
unlawful storing of property; unlawful use of cooking facilities and fires; r
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littering; and altering the natural environment such as diverting water,
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removing vegetation, and excavation. Camping on public property that is
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not designated as a campground creates dangerous public health and safety -
concerns for those experiencing homelessness, the general public, city R
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employees, and first responders. These activities foster unsanitary 2
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conditions, damage the natural environment and critical areas, and interfere
with the rights of others to use public property for the purposes for which
they were intended.
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It is the purpose of this chapter to promote the public health, safety, general
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welfare, environmental health, economic health, and well-being of the city
b keeping public streets sidewalks arks and other public property within °
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the city safe and readily accessible to the public.
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Sec. 8.09.020. Definitions. The following words, terms, and
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phrases, when used in this chapter, shall have the meaning ascribed to them
in this section, except where the context clearly indicates a different
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meaning:
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Re: Camping
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4.B.a
A. Available Overnight Shelter means a public or private shelter, with an
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overnight space available and open to the individual experiencing
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homelessness at no charge. Q
B. Camp means to pitch, erect, or occupy camp facilities for the purpose
of, or in such a way as will facilitate, remaining overnight, habitation, or
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residing in a location.
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C. Camp facilities include, but are not limited to, motor vehicles, trailers, r
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tents, huts, temporary shelters, or other structures that evidence an intent
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to function as a temporary or permanent place of living or residence;
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provided, camp facilities shall not include structures such as shade devices, -
rain covers, blankets, or towels that are used for a single day or a portion R
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of a day for recreational purposes at a city park, or pursuant to city business r
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or a permit issued by the city. M
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D. Critical area means an area that possesses important natural
functions and embodies a variety of important natural and community
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values. Such areas include wetlands, streams, fish and wildlife habitat, steep
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slopes, geologic hazard areas, aquifer recharge areas, and flood hazard
areas as well as the buffers which serve to protect the aforementioned areas. °
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E. Director means any director of a city department or designee having o
authority over public areas or any other person authorized by the mayor to
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exercise such authority or their designee.
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F. Encampment means one or more camp facilities in an identifiable area
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that appear to be used for unlawful camping. For purposes of this chapter, 0
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an identifiable area includes an area where the camp facilities are in sight of Q
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Re: Camping
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4.B.a
each other and/or areas where each camp facility is located within 300 feet
of another camp facility.
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G. Hazardous material means any material, including any substance,
waste, or combination thereof, which because of its quantity, concentration,
physical, chemical, or infectious characteristics, may cause or significantly
contribute to a present or potential hazard to human, health, safety, 3
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property, or the environment when improperly treated, stored, transported, 0
disposed of, or otherwise managed.
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H. Litter is as defined in KCC 8.04.020. Y
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I. Park means and includes all city parks, public squares, park drives, o
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parkways, boulevards, golf courses, park museums, zoos, bathing beaches,
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gardens, lakes, rivers, ponds, and play and recreation grounds under the
jurisdiction of the city of Kent parks and recreation department.
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J. Pollutant means and includes anything that may contaminate or
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contribute to the contamination of any place, area, or location. Examples
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include without limitation: hazardous materials; paints, varnishes, and
solvents; oil and other automotive or motor fluids; liquid and solid wastes, °
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human waste, food wastes, and yard wastes; refuse, rubbish, garbage,
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litter, or other discarded or abandoned objects and accumulations; o
floatables such as closed or open cell foam; plastics; pesticides, herbicides, on
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and fertilizers; sewage, fecal coliform and pathogens; dissolved and
particulate metals; animal wastes; wastes and residues that result from
constructing a building or structure; electronics; electric and combustion
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engines and devices that use electric and combustion engines including parts 0
thereof; hazardous cleaning liquids and materials; any drug as defined by �.
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RCW 69.50.101; and any drug paraphernalia as defined in RCW 69.50.101. U
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K. Public Property means all property in which the city has a property
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interest, including parcels, tracts, easements, and public rights-of-ways. The Q
term includes, without limitation, all parks, docks, piers, streets, sidewalks,
trails, forests, museums, pools, beaches, open spaces, public squares, the
grounds around City including but not limited to parking lots and structures,
breezeways, entryways, planter areas, and storage areas, and any other 3
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property in which the city has a property interest of any type. 0
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L. Recreational vehicle means a travel trailer, motor home, truck
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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 o
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immobilized or permanently affixed to a mobile home lot.
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M. Store or storage means to put aside, accumulate, or to place or leave
in a location, property associated with a camp.
N. Street means any highway, avenue, lane, road, street, drive, place,
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boulevard, alley, right-of-way, and every way or place in the city of Kent
open as a matter of right for public vehicular travel. °
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O. Vegetation means trees, shrubs, grass, weeds, bushes, vines, turf,
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flowers, seaweed, fungus, and other plant materials, including but not on
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limited to clippings, fallen leaves, fruit or branches.
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Sec. 8.09.030. Unlawful camping on public property. It shall be
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unlawful for any person to camp on public property, except as allowed in 0
KCC 4.01.090 of the Kent City Code. �.
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4.B.a
A. Immediate Enforcement Authorized. Except as set forth in subsection
(B), the provisions of this section may be enforced at all times on the
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following public property regardless of the availability of overnight shelter: 0
1. Portions of parks that are developed, improved, or maintained
for a specified purpose, such as but not limited to recreational structures,
picnic shelters, play fields, areas designated or maintained for spectators of
events, open fields or maintained grassy areas, designated off-leash dog 3
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areas, restrooms, sidewalks, golf courses, designated trails, and parking 0
lots.
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2. Environmentally sensitive and naturally important areas c
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including critical areas and watershed properties that have been specifically
acquired by the City for the purposes of producing, storing, treating, and -
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protecting domestic drinking water sources. o
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3. City-owned buildings that must be available for employees to °�
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report to work and for the public to conduct business, including, but not
limited to City Hall, the Centennial Center, and the Annex Building located
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to the east of the Centennial Center; Kent Police Station and police
substations; Kent Municipal Court, Kent Corrections Facility, and its Program
Annex Building; Kent Senior Center; Kent Commons; Riverbend Golf
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Complex; public works and parks shops properties; the police and fire
station and training center located at 24611 116t" Ave. SE, Kent, WA 98030; o
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and the accesso Showare Center.
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B. Enforcement Suspended. Except in the locations identified in on
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subsection (A), enforcement of this section shall be suspended any time
there is no available overnight shelter for the individual camping.
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4.B.a
Sec. 8.09.040. Unlawful storage of camp facilities on public
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property.
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A. It shall be unlawful for any person to store camp facilities on public
property.
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B. The provisions of this chapter shall not prohibit any vehicle, including
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a trailer, recreational vehicle, or camper not being used as a residence from 0
being parked within or on any park, in the right-of-way, or other public
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property in accordance with parking regulations, unless otherwise prohibited
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by law. Y
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C. Enforcement of this section shall be suspended in the event a person R
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is camping at a location other than a location described in KCC 8.09.030(A) ;
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and there is no available overnight shelter for the individual camping. M
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D. No citation shall be issued for a violation of this section if the person
identified as the owner of the camp facilities immediately removes the camp
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facilities upon request.
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Sec. 8.09.050. Unlawful use of cooking facilities, fires. It shall °
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be unlawful for any person to do the following on public property:
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1. Build any fire or maintain open flames, except in designated
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areas in parks when parks are open;
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2. Use any cooking facilities outside of city parks, except for
events sponsored or expressly permitted by the City;
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3. Use any cooking facilities while camping unlawfully.
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4.B.a
Sec. 8.09.060. Unlawful environmental damage to public
property. It shall be unlawful for any person to do the following on public
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property, unless expressly permitted or otherwise authorized by the City:
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1. Dump, throw, deposit or discharge any pollutant;
2. Deposit urine or feces into or onto a place other than a
receptacle intended for the deposit of urine or feces;
3. Destroy or alter vegetation through cutting, clearing, grading, 3
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or harvesting; 0
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4. Construct or create trails not expressly authorized by the City;
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5. Remove or excavate soil, sand, gravel, minerals, or organic
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matter of any kind; provided it shall not be unlawful to do so at a public park
in areas intended for digging as a form of recreation; -
6. Drain or increase the water level of a body of water, river, creek o
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or stream, or divert or impede water flow of any river, creek or stream; or ;
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7. Disturb wildlife dens, burrows, or nests.
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Sec. 8.09.070. — Unlawful encampment — Removal. Upon a
determination by the City that an area constitutes an unlawful encampment,
the personal property, camp facilities, and all other property, contraband,
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and pollutants may be removed subject to the following provisions:
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A. Immediate Removal of Unlawful Encampment. If the unlawful
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encampment is on public property described in KCC 8.09.030(A), the City
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may immediately remove any personal property, camp facilities, and all on
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other property, contraband, litter, and solid waste and store it or dispose of
it as set forth in KCC 8.09.070(C); provided, the owner shall be provided an
opportunity to immediately remove the property if present or if they arrive
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during the removal of the property. 0
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4.B.a
B. Removal of Unlawful Encampment Following Posted Notice. For all
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other unlawful encampments on public property, the following shall occur:
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1. At least 48 hours before the removal of encampments and r
property, the City will post a notice to remove property containing:
a. The requirement to remove all property from the
encampment within the designated time period.
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b. Information on the process individuals camping or
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storing personal property within the encampment may use to petition for a 0
reasonable amount of additional time to leave the encampment and remove r
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property.
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C. Information regarding the availability of assistance from
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social services and available overnight shelter options. -
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C. Storage of property associated with an unlawful encampment. r
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1. If property remains after the expiration of the time-period on M
the Notice to Remove Property as set forth in subsection (B), or in the event
immediate removal of property occurs in accordance with subsection (A),
the City will attempt to determine the owner of any property of obvious value
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(e.g., items needed for survival such as blankets and clothing, legal
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documents, personal papers, government identification, labeled
medications), will arrange for storage of the property, and will attempt to °
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provide notice to the owner of the property as to how they may claim the
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property.
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2. The City will not store property that appears to be stolen, illegal
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to own or possess, hazardous to health or safety, perishable, or paper refuse
without obvious value.
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Sec. 8.09.080. Penalties. 0
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A. Violation of any of the provisions of this chapter is a misdemeanor.
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11 Repeal and Replace KCC 8.09 -
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4.B.a
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B. The prosecutor will not object to the court entering a deferred
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sentence for violations of this chapter in all cases where: (1) a licensed or Q
certified medical professional or certified agency recommends mental health
or substance use disorder treatment; (2) the offender agrees to comply with
the treatment plan recommended by the medical professional or certified
agency; and (3) the offender understands and agrees that the court will 3
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revoke any deferred sentence if the offender fails to comply with any of the 0
terms of the deferred sentence agreed upon by the parties. r
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SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such -
decision shall not affect the validity of the remaining portion of this ordinance o
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and the same shall remain in full force and effect.
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SECTION 4. - Savings. The existing Chapter 8.09 of the Kent City
Code, which is repealed and replaced by this ordinance, shall remain in full
force and effect until the effective date of this ordinance.
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SECTION 5. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
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authorized to make necessary corrections to this ordinance, including the
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correction of clerical errors; ordinance, section, or subsection numbering; or o
references to other local, state, or federal laws, codes, rules, or regulations. on
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SECTION 6. - Effective Date. This ordinance shall take effect and be
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in force thirty days from and after its passage, as provided by law.
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4.B.a
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October 18, 2022
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DANA RALPH, MAYOR Date Approved
ATTEST:
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October 18, 2022
KIMBERLEY A. KOMOTO, CITY CLERK Date Adopted
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October 21, 2022 r
Date Published
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APPROVED AS TO FORM:
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2
TAMMY WHITE, CITY ATTORNEY a
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Packet Pg. 22