ORD 22-014ORDINANCE NO. 22-014
AN ORDINANCE of the City Council of the City of Camas
adding a new Chapter 12.34 of the Camas Municipal Code related
to unlawful camping and storage of personal property on public
property and repealing Camas Municipal Code Section 12.32.090.
WHEREAS, pursuant to Article XI, Section 11 of the Washington Constitution and
RCW 354.11.020, the City of Camas is authorized to regulate public property, including City
Hall, the Community Center, parks, public rights -of --way, and all other public property
within the City; and
WHEREAS, public property is intended to be used by the public for public purposes,
including daily City operations, park recreational use, pedestrian, bicycle and vehicular
transportation, and other public uses; and
WHEREAS, camping without adequate sanitation services, such as sewer, water, and
garbage, presents a public health and safety concern; and
WHEREAS, it is important to maintain public property consistent with its intended use
while balancing the needs of those experiencing homelessness with the impact on the entire
community, avoiding environmental impacts to the City waterways and sensitive lands, and
further avoiding the heightened risk of fires in wildfire impact areas as may heretofore be
designated; and
WHEREAS, pursuant to MaNtin v. City of Boise, the Ninth Circuit Court of Appeals held:
(1) that the Eighth Amendment to the United States Constitution prohibits cities from enforcing
Ordinances that criminalize camping on all public property at all times; and (2) it is permissible
for cities to enforce an ordinance that criminalizes camping in cert
ain locations at all times, but
only if the cities also do not enforce the prohibition of camping in other locations when there is
no available shelter; and
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WHEREAS; this Ordinance is intended to comply with the Court's decision in Martin v.
Boise by limiting the areas; and
WHEREAS, law enforcement will comply with Martin v. City of Boise by making an
inquiry of individuals, in certain situations and places as set forth herein, to ascertain whether
they are homeless and offer them safe and legal shelter; and
WHEREAS, if no overnight shelter is available, then the provisions of this Ordinance
will not be enforced, except in those areas specifically noted; and
WHEREAS, the City of Camas will continue to treat homeless individuals with respect,
and dignity, striving to minimize harm and trauma, and in recognition that compassion in the
truest sense is best served by enforcing reasonable limitations on the use of public facilities while
offering assistance to those who find themselves in unfortunate circumstances; and
WHEREAS, the City has entered into an agreement with other local jurisdictions to
create the "Ending Community Homelessness Organization" and is a participant in the Clark
County Council for the Homeless which leads the regional effort to prevent and end
homelessness in Clark County including the receipt of funding available for local organizations
for the purpose of improving the coordination of existing services and with programs offering
available overnight shelter for individuals experiencing homelessness; and
WHEREAS, officers of the City of Camas Police Department are trained in the
appropriate measures utilized in interacting with those experiencing homelessness and the
Council will endeavor to work with Administration to allow for the provision of such additional
training to City staff in an effort to more fully engage and connect those individuals with existing
services and outreach programs; and
WHEREAS, the City by and through Chapter 12.32 of the Camas Municipal Code has
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heretofore adopted certain provisions related to time and place use of parks, including a general
prohibition of camping as set forth in Section 12.32.090 which, by this Ordinance, shall be
repealed and replaced by the specific terms herein;
NOW, WHEREFORE, THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS
FOLLOWS:
Section I
A new Chapter 12.34 of the Camas Municipal Code entitled "Unlawful Camping and
Storage of Personal Property on Public Property" is hereby added to the Camas Municipal Code
to provide as follows:
Chapter 12.34 Unlawful Camping and Storage of Personal Property on Public Property
Sections:
12.34.010 Purpose.
12.34.020 Definitions,
12.34.030 Unlawful camping or Storage of Personal Property in public places.
12.34.040 Penalty for Violations.
12.34.050 Enforcement,
12.34.010 Purpose.
The purpose of this Chapter is to prevent harm to the health or safety of the public and to
pIL omote the public health, safety and general welfare by prohibiting camping and storage of
personal property on public property, which interferes with the rights of others to use the areas in
the manner for which it is intended.
12.34.020 Definitions.
The following definitions are applicable to this Chapter:
A. "Available Overnight Shelter" means a public or private shelter, with an available
overnight space, open to an individual experiencing homelessness at no charge.
Available Overnight Shelter also includes a hotel or motel that is temporarily made
available to an individual experiencing homelessness at no charge.
B. "Camp" means to pitch, use, or occupy camp facilities for the purposes of habitation,
as evidenced by the use of camp paraphernalia.
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C. "Camp facilities" includes, but is not limited to, tents, huts, temporary shelters. "Camp
facilities" does not include tents, huts, or temporary shelters when used temporarily in
a park for recreation or play during daylight hours when the park is open to the
public.
D. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping
bags, blankets, mattresses, hammocks or cooking facilities or equipment.
E. "Park" means such properties and facilities as defined in Section 12.32.005 of the
Code. Park also includes all associated areas, including parking lots for parks.
F. "Public Property" means any real property, building, structure, equipment, sign,
shelter, vegetation, trail, and public open space. including all associated areas such as
parking lots, controlled or owned by the City or any other governmental agency.
G. "Store" means to put aside or accumulate for use when needed, to put for safekeeping,
to place or leave in a location.
H. "Street" means any highway, lane, road, street, right -of --way, sidewalk, boulevard,
alley, and every way or place in Camas open as a matter of right to public pedestrian
and vehicular travel.
I. "Wildfire Impact Area" means any public property specifically designated and
defined by the Fire Marshal, following assessment, to constitute an area particularly
vulnerable to a dangerous wildfire event during the period of any drought or
adversely dry conditions only.
12.34.030 Unlawful Camping or Storage of Personal Property in public places.
A. It shall be unlawful for any person to camp or to store personal property, including camp
facilities or camp paraphernalia, in the following areas:
1. Any park; or
2. Any street; or
3. Any public property, improved or unimproved.
II (W)
Penalty for Violations.
A. Violation of any of the provisions of this Chapter is a misdemeanor, punishable by a fine
of not more than one thousand dollars ($1,000.00) or by imprisonment not to exceed
ninety (90) days, or by both such fine and imprisonment. Notwithstanding, the maximum
fine imposed for a first conviction for violation of this Chapter shall be no more than one
hundred dollars ($100.00).
B. Prior to imposing any fine for violation of this Chapter, the Court
shall make an inquiry
into a person's ability to pay. The Court is explicitly authorized to impose a requirement
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to perform community service in lieu of paying a fine.
12.34.050 Enforcement.
A. A violation of CMC 12.34.030 shall be enforced at all times within 100 feet of the nearest
edge of the Columbia River, Washougal River, Lacamas Lake, Lacamas Creek, and
Round Lake; within any part of Crown Park, Forest Home Park, Dorothy Fox Park, Grass
Valley Park, and Prune Hill Sports Park; within 200 feet of any play or sports field,
playground equipment, or picnic areas or shelters within any other designated City Park;
or within any wildfire impact area.
B. Except as provided in subsection (A) of this Section, a violation of CMC 12.34.030 shall
be enforced as follows:
1. Prior to issuing any citation or arrest pursuant to this Chapter, the investigating
officer shall inquire whether the unlawful camping and storage of personal
property is due to homelessness. If the officer learns that such is the case, the
officer shall determine, in accordance with relevant department policy, there is
Available Overnight Shelter to accommodate the subject of the investigation. If
the officer determines there is no Available Overnight Shelter. the officer shall
not issue a citation.
2. If the officer determines there is Available Overnight Shelter, the officer may,
within their discretion:
a. Provide directions to the shelter location; or
b. Offer one-time transport to the shelter locations.
3. Any individual who refuses to accept the shelter space offered is subject to
citation or arrest pursuant to Section 12.34.040.
Section II
Camas Municipal Code Section 12.32.090 is hereby repealed.
Section III
This ordinance shall take force and be in effect five (5) days from and after its publication
according to law.
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PASSED by the Council and APPROVED by the Mayor this 6" day of September 2022,
APPROVED as to form:
City Attorney
SI
ATTEST: �%�--
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Clerk