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ORDINANCE No. 4501
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 8.09 of
the Kent City Code entitled, "Camping on Public
Property", to prohibit the unlawful storage of other
property on public property; to update the definition
section; to add a new section regarding offers of
assistance and guidance for officers; and to remove
the suspension of enforcement for unlawful camping
and storage of camp facilities when no shelter is
available.
RECITALS
A. Under both state and federal law, the City is required to invest
taxpayer funds to preserve and protect natural areas such as wetlands,
streams, fish and wildlife habitat, steep slopes, geologic hazard areas,
critical aquifer recharge areas, and flood hazard areas. These investments
serve the critical purposes of helping to ensure the health, safety, and
welfare of the public by providing clean drinking water; reduce flooding;
provide a sufficient tree canopy to address the impacts of global warming;
provide the ability for clean water to infiltrate the soil; and provide habitat
in an urban environment for the small animals and bugs necessary for
ecological health. Additionally, the City invests significant resources in other
public spaces, including parks and open spaces, which studies have shown
help improve the mental and physical health of youth and adults, and in the
maintenance of pathways that are ADA accessible and safe for pedestrian
1 Amend KCC 8.09 -
Re: Camping on Public Property
and other modes of non-vehicular travel. When unlawful camping occurs in
these public spaces, the very purpose for which they were constructed or
for which they are maintained and intended to be used is interfered with and
degraded.
B. In areas where larger unlawful camps exist, the City has
experienced higher incidents of open drug use and reported crime. City
residents have voiced to City leaders that reducing incidents of crime is their
primary concern and demand of government. These residents have
expressed that they do not feel safe, nor do they feel that their property is
secure in areas with unlawful camps.
C. Kent residents have invested millions of taxpayer dollars in
local and regional efforts to address housing and homelessness, despite
having a significantly higher share of lower-income housing. Specifically, to
the extent high housing costs could be said to have contributed to
homelessness, Kent has more naturally occurring affordable housing than
King County as a whole, and the most naturally occurring affordable housing
of any city in south King County. Further, compared to other cities in King
County, Kent also has a disproportionately lower share of middle and higher-
income housing. Homelessness, available shelter, and housing is a regional
issue that requires a regional approach. Contemporaneously, Kent has an
obligation to its residents to address the detrimental impacts caused to their
physical safety and property, and to the public investments they fund.
D. The City employs staff whose primary duties include helping
residents in unlawful camps find shelter and services. However, it is the
City's experience that a majority of individuals who unlawfully camp in these
public spaces reject available shelter and other services when offered. When
help is refused, the City is left with few options. The City has partnered with
the Puget Sound Regional Fire Authority to provide co-responder services to
the City. Nurses and social workers partner with and assist law enforcement
with individuals who are experiencing a mental health crisis. The City is also
2 Amend KCC 8.09 -
Re: Camping on Public Property
increasing its investment in homelessness outreach and housing through
services provided by the Salvation Army.
E. The City has invested significant funds to address and mitigate
the negative impacts caused by unlawful camping. Significant resources
have been invested in cleaning and rehabilitating public property harmed by
the accumulation of garbage; in restoring the ecological function of property
damaged by the removal of vegetation and earth from wetlands and other
critical areas; and in restoring public facilities that have been damaged or
vandalized, such as bathroom facilities, play equipment, and covered picnic
areas in parks, by unlawful camps and those who reside within them.
F. Since at least 2000, the City has prohibited camping in public
spaces throughout the City. These provisions have been amended from time
to time, with the most recent revisions occurring in 2022. These latest
revisions are made to reconcile the City's code provisions with current law,
and to address the concerns expressed by Kent's residents to City leaders,
while remaining compassionate and helpful to those experiencing
homelessness who wish to receive services and shelter.
G. When the provisions of this ordinance are enforced, City staff
will continue to provide assistance to those who wish to leave unlawful
camps and seek alternative shelter. Additionally, if criminal charges are filed,
the City will not impose fines and will agree to deferred sentences in all cases
where individuals in need of treatment services agree to comply with a
treatment provider's recommended treatment plan. Finally, the City will not
object to a future request to vacate a prior conviction for violation of this
chapter.
3 Amend KCC 8.09 -
Re: Camping on Public Property
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment Ch. 8.09 KCC - Campina on Public
Property. Chapter 8.09 of the Kent City Code, entitled "Camping on Public
Property", is amended as follows:
CHAPTER 8.09
CAMPING ON PUBLIC PROPERTY
Sec. 8.09.010. Purpose. It is the purpose of this chapter to prevent
the harm to public property caused by the activities of unlawful camping;
unlawful storing of camp facilities and property; unlawful fires; littering; and
altering or damaging the natural environment such as diverting water,
removing vegetation, and excavation. Camping on public property - erecting
and occupying camp facilities for the purpose of facilitating occupation,
habitation, or residing in a location - that is not designated as an area for
camping creates dangerous public health and safety concerns for those
experiencing homelessness, the general public, city employees, and first
responders. These activities foster unsanitary 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.
It is the purpose of this chapter to promote the public health, safety,
general welfare, environmental health, economic health, and well-being of
the city by keeping public streets, sidewalks, parks, and other public
property within the city safe and readily accessible to the public.
Sec. 8.09.020. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meaning ascribed to them
4 Amend KCC 8.09 -
Re: Camping on Public Property
in this section, except where the context clearly indicates a different
meaning:
voth an
ever-night spaee available and epen te the individual
B-.A. Camp means to pitch, erect, or occupy camp facilities for the purpose
of, or in such a way as will facilitate habitation, the occupation of, or residing
in a location.
G-.B. Camp facilities include, but are not limited to, motor vehicles, trailers,
tents, huts, temporary shelters, or other structures that evidence an intent
to function as a temporary or permanent place of residence or to demarcate
public property under circumstances that evidence an intent to take or hold
possession or control of that public property as a person's residence or
tenancy, to the exclusion of others or other uses.
�C. Critical area means an area that possesses important natural
functions and embodies a variety of important natural and community
values. Such areas include wetlands, streams, fish and wildlife habitat, steep
slopes, geologic hazard areas, critical aquifer recharge areas, and flood
hazard areas as well as the buffers which serve to protect the
aforementioned areas.
E-.-D. 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,
property, or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
5 Amend KCC 8.09 -
Re: Camping on Public Property
F—E. Litter is as defined in KCC 8.04.020 as now enacted or hereafter
amended or recodified.
G-.F. Park means and includes all city parks, public squares, park drives,
parkways, boulevards, golf courses, park museums, zoos, bathing beaches,
gardens, lakes, rivers, ponds, and play and recreation grounds under the
jurisdiction of the city of Kent parks and recreation department and their
associated parking lots, paths and sidewalks, playfields, recreational
structures,, picnic shelters restrooms, and other appurtenances.
++.G. Pollutant means and includes anything that may contaminate or
contribute to the contamination of any place, area, or location. Examples
include without limitation: hazardous materials; paints, varnishes, and
solvents; oil and other automotive or motor fluids; liquid and solid wastes,
human waste, food wastes, and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects and accumulations;
floatables such as closed or open cell foam; plastics; pesticides, herbicides,
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
engines and devices that use electric and combustion engines including parts
thereof; hazardous cleaning liquids and materials; any drug as defined by
RCW 69.50.101; and any drug paraphernalia_ as defined in RGW 69-50-101.
1-H. Public property means all property in which the city has a property
interest, including parcels, tracts, easements, and public rights-of-way. The
term includes, without limitation, all parks, docks, piers, streets, sidewalks,
critical areas and water supply properties, trails, forests, museums, pools,
beaches, open spaces, public squares, city-owned buildings and
appurtenances, the grounds around the city-owned buildings, including but
6 Amend KCC 8.09 -
Re: Camping on Public Property
not limited to parking lots and structures, breezeways, entryways, planter
areas, and storage areas, and any other property in which the city has a
property interest of any type.
�I. 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.
4<-.J. Store or storage means to put aside, accumulate, or to place or leave
in a location for preservation or later use or disposal.,
L--.K. 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 for public vehicular travel.
W.L. Vegetation means trees, shrubs, grass, weeds, bushes, vines, turf,
flowers, seaweed, fungus, and other plant materials, including but not
limited to clippings, fallen leaves, fruit, or branches.
Sec. 8.09.030. Unlawful camping on public property.
A-. Unlawful . It shall be unlawful for any person to camp on
public property, except as allowed in KCC 4.01.090.
iibitien
shall apply at all times en pbiblie preper-ty with the uses listed in
this sbibseetien!
7 Amend KCC 8.09 -
Re: Camping on Public Property
piefqie shelters, play fields, areas designated er rnaintained fer speetater-s ef
events, epen fields eF n9aintained grassy aFeas, designated eff leash deg
B. -City ewned buildii9gs, par-king lets, and appurtenanEes used te
Gentennmal , and the m-rre3 BLAdiigg vescccr-cv--cr-r` eus.. :,f ..he
czr`TtcrrrnurGcrr , ccrrt 6Trcr--^-Trrfl•n--'dincr-j7vrFce-s a u s tu..i v n s,
Building;
(ei9t Scrrror Center;Kent zorrrmer s; Riverbend Gelf e le'i ', publie wer-ks
F
Gente
1.
and whieh are pested with signs pr-ehibiting trespass.
a vielatmen ef this sectieig shall be suspended any tinge there is ne available
8 Amend KCC 8.09 -
Re: Camping on Public Property
Sec. 8.09.040. Unlawful storage of camp facilities or other
property on public property.
A. It shall be unlawful for any person to store camp facilities or other
property on public property.
B. The provisions of this chapter shall not prohibit any vehicle, including
a trailer, recreational vehicle, or camper not being used as a residence from
being parked within or on any park, in the right-of-way, or other public
property in accordance with parking regulations, unless otherwise prohibited
by law.
i i fv Eet e-R -6 z-Tr9 JC'CCfOIT�T'Aff�'G�.�.a 3p faCd-i -r t I i G v.,i t u p
and there is ne available ever-night shelter- fer the individual caFnp;,—,,,,.
C-D. No citation shall be issued for a violation of this section if the person
identified as the owner of the camp facilities or other property immediately
removes the camp facilities or other property upon request.
Sec 8 09 045 Offer of assistance — Officer guidance —
Considerations.
A Offer of assistance An officer with probable cause that a person has
violated either KCC 8.09.030 or KCC 8.09.040 will offer assistance to the
person in violation; provided neither a person's acceptance of assistance
nor the ability of the officer to secure assistance shall interfere with the
ability of the officer to issue a citation for the violation.
B. Development of policy or procedure. The police department shall
develop a policy or procedure to assist officers in enforcing the provisions of
this chapter. The policy or procedure should address the following
9 Amend KCC 8.09 -
Re: Camping on Public Property
considerations for an officer to evaluate in deciding whether to issue a
citation to a person for violating KCC 8.09.030 or KCC 8,09.040:
1 The extent of damage or potential damage to public property;
2. Whether there is evidence of other criminal conduct at or
immediately surrounding the unlawful camp;
3 The extent to which property surrounding the unlawful camp
has been impacted by criminal conduct;
4 The proximity of the unlawful camp to improved parks and
recreation facilities critical areas schools shopping areas or businesses;
5 Whether officers have had previous contact with the person
responsible for the unlawful camp or storage of camp facilities or other
property on public property under similar circumstances;
6 Whether officers have had previous contact with the individual
under circumstances in which the person was offered shelter but rejected
shelter or failed to make substantial efforts to enter shelter; and
7 The extent to which other calls for police service or other
obligations of police officers are pending at the time the officer makes
contact with the person unlawfully camping or storing camp facilities or
property on public property.
Sec. 8.09.050. Unlawful use of fires. It shall be unlawful for any
person to build any fire or maintain open flames for any purpose on public
property except in designated areas in parks when parks are open.
Sec. 8.09.060. Unlawful environmental damage to public
property. It shall be unlawful for any person to do the following on public
property, unless expressly permitted or otherwise authorized by the city:
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;
10 Amend KCC 8.09 -
Re: Camping on Public Property
3. Destroy or alter vegetation through cutting, clearing, grading,
or harvesting;
4. Construct or create trails not expressly authorized by the city,
or damage existing city trails;
5. Remove or excavate soil, sand, gravel, minerals, or organic
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, or stream, or divert or impede water flow of any river, creek, or
stream; or
7. Disturb wildlife dens, burrows, or nests.
Sec. 8.09.070. Unlawful camp — Removal. Upon a determination
by the city that a camp has been established on public property in violation
of this chapter, camp facilities, and all other enalproperty, contraband,
and pollutants shall be removed subject to the following provisions:
A. Immediate removal of unlawful camp. Unlawful camping on public
property with sensitive or incompatible uses including environmentally
sensitive areas and on public property that has been improved and
developed for a particular purpose, causes significant damage to the purpose
and functionality of these areas. For these reasons, cif an unlawful camp is
on public property described in KGG o 99 0 O(B), in this subsection (A), the
city may immediately remove any persenalproperty, camp facilities, and all
other pFepeFty,contraband, pollutants, and waste and store it or dispose of
it as set forth in subsection (C) of this section; provided, the owner shall be
provided an opportunity to immediately remove the property if present or if
they arrive during the removal of the property. The following are designated
as public property with sensitive or incompatible uses:
11 Amend KCC S.09 -
Re: Camping on Public Property
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
areas, restrooms sidewalks golf courses designated trails and parking
lots.
2 Critical areas and water supply properties that are owned by the
city for the purposes of producing, pumping storing treating, and
protecting domestic drinking water sources.
3 City-owned buildings parking lots and appurtenances used to
conduct the business of the cif including but not limited to City Hall, the
Centennial Center, and the Annex Building_ located 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 East Hills Operations Center; Kent Municipal Building at Centerpoint;
Kent Senior Center; Kent Commons; Riverbend Golf Complex; public works
and parks shops properties; the police and fire station and training center
located at 24611 116th Ave. SE Kent WA 98030; and the accesso Showare
Center.
4. Streets and sidewalks.
5 Properties owned by the city that are not open to the public and
which are posted with signs prohibiting trespass.
B. Removal of unlawful camp following posted notice. For all ether
unlawful camps on other public property, the following shall occur:
1. At least 48 hours before the removal of the camp facilities eel
or otherpefseea-E_property, the city will post a notice to remove property
containing:
a. The requirement to remove the camp facilities and or
per-sebother property within the designated time period.
12 Amend KCC 8.09 -
Re; Camping on Public Property
b. Information on the process individuals camping or
storing personal property within the camp area may use to petition for a
reasonable amount of additional time to leave the camp area and remove
their property.
C. Information regarding the availability of assistance from
social services and available overnight shelter options.
2. If the camp facilities or other property,
contraband, pollutants, and waste remain at the end of the notice period set
forth in subsection (13)(1) of this section, it may be removed by the city;
provided, the owner shall be provided an opportunity to immediately remove
the property if they arrive during the city's removal of the property and do
not unreasonably delay the city's removal of the property.
C. Storage of property associated with an unlawful camp.
1. In the event the city removes the camp facilities or
other property in accordance with this section, the city will attempt to
determine the owner of any property of obvious value (e.g., iteng . nee''"''
feF suFvival sbieh as blankets and elething,legal documents, personal papers,
government identification, labeled medications), will arrange for storage of
the property, and will attempt to provide notice to the owner of the property
as to how they may claim the property.
2. The city will not store property that it has reasonable grounds
to believe is stolen or illegal to own or possess, nor shall the city be required
to store property that is hazardous to health or safety, perishable, or of no
apparent value.
Sec. 8.09.080. Penalties.
A. Except as otherwise provided, a violation of any of the provisions of
this chapter is a misdemeanor.
13 Amend KCC 8.09 -
Re; Camping on Public Property
B. Fines shall not be imposed as a penalty for a violation of any of the
provisions of this chapter.
C. The city will not object to the entry of a deferred prosecution pursuant
to Chapter 10.05 RCW if eligible, nor will the city object to the court entering
a deferred sentence for violations of this chapter in all cases where: (1) a
licensed or certified medical professional or certified agency recommends
mental health or substance use disorder treatment; (2) the defendant
agrees to comply with, and the court orders the defendant to comply with,
the treatment plan recommended by the medical professional or certified
agency as a condition of the deferred sentence; and (3) the defendant
understands and agrees that the court will revoke any deferred sentence if
the offender fails to comply with any of the terms of the deferred sentence.
D. The city will also not object to a future request by an individual to
vacate a record of conviction for any conviction related to an offense
prosecuted under this chapter.
SECTION 2. - 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
and the same shall remain in full force and effect.
SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
14 Amend KCC 8.09 -
Re: Camping on Public Property
SECTION 4. - Effective Date. This ordinance shall take effect and be
in force thirty days from the time of final passage, as provided by law.
13 a, 0 0— November 19, 2024
DANA RALPH, MAYO Date Approved
ATTEST:
'L�w U� & •
November 19, 2024
J-0
KIMBERLEY Afl
KOMOTO, CI CLERK Date Adopted
November 22, 2024
Date Published
APP D TO FORM:
TA WHITE, CITY ATTORNEY
15 Amend KCC 8.09 -
Re: Camping on Public Property
Legal Invoice Date: 11/22/2024
Sound Publishing, Inc. Kent Reporter
Unit Attn: A/R
PO Box 930
Everett WA 98206-0930
Bill To: Customer Account#: 50431432
City of Kent, City Clerk- LEGAL ADS Legal Description: KEN1005358
220 Fourth Ave S
Kent WA 98032
Legal Description: City Ordinances
Desc: ORDS 4500-4503 Legal#: KEN1005358
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Ordered By: KIM KOMOTO Published:Kent Reporter
Issues Ordered: 1 Start Datc: 11/22/2024 End Date: 11/22/2024
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Due: $ 198.75
Please return this with payment. Questions?Call 1-800-485-4920
City of Kent, City Clerk - LEGAL ADS Account#: 50431432
220 Fourth Ave S Invoice#: KEN1005358
Kent WA 98032
Due:$ 198.75
Kent Reporter
Affidavit of Publication
State of Washington}
County of King } ss
r
Amanda Kahlke being first duty sworn, upon
oath deposes and says: that he/she is the legal
representative of the Kent Reporter a weekly
newspaper, The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
j hereinafter referred to, published in the English
language continually as a weekly newspaper in
King County, Washington and is and always
has been printed in whole or part in the Kent
Reporter and is of general circulation in said
County, and is a legal newspaper, in accordance
with the Chapter 99 of the Laws of 1921, as
amended by Chapter 213, Laws of 1941, and
approved as a legal newspaper by order of the
Superior Court of King County, State of
Washington, by order dated June ib, 1941, and
that the annexed is a true copy of KEN1005358
ORDS 4500-4503 as it was published in the
regular and entire issue of said paper and not as
a supplement form thereof for a period of 1
issue(s), such publication commencing on
11/22/2024 and ending on 11/22/2024 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
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Subscribed and sworn before me on this
day ofIN
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Pubtic in and for the State of
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KIM KOMOTO ++•+ ���~