HomeMy WebLinkAbout09/20/2023 6B
AGENDA BILL
CITY OF BREMERTON
6B
CITY COUNCIL
SUBJECT:
Study SessionDate: September 13, 2023
Ordinanceto update BMC Chapter 9.32 COUNCIL MEETING Date: September 20, 2023
Department: Legal
Presenter: Kylie Finnell, City
Attorney
Phone: (360) 473-2345
SUMMARY:
, last updated in
2004,
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Council discussed this issueat the Study Sessions on June 26, July 12, July 26, August 9,
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August 23, and September 13. Public comment was received at the Council Meetings on July 5,
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July 19, August 2, August 16, and September 6.Council has also received numerous written
comments and voicemails related to this issue. Several draft ordinances were presented for
consideration as Council discussed the many options available and accounted for public input.
Thenew draft ordinancebelowhas the following updates to BMC Chapter 9.32compared to the
2004version.
Adds a clause that enforcement of the unauthorized camping ordinance is suspended when
there is no shelter space availabletocomplywith recent federal case law.
o There is nomap or list of areas, or any differentiation between areas that are
enforced at all times versus those only enforced when there is no shelter space
available.Enforcement is either possible city-wide, or suspended when there is
no available shelter space.
Provides a definition of available shelter space that includes public or private shelter,
transitional housing, or a permitted outdoor encampment, located either in the City, or in
Kitsap County if free transportation is available.
o Shelter is not considered available if there is discrimination against an individual or
family based on sex, familial or marital status, religious beliefs, disability, or length-of-
stay restrictions.
o Shelter is considered available if a person is unable to utilize an available overnight
shelter due to voluntary actions such as intoxication, drug use, assaultive behavior, or
violation of shelter rules.
Updates the penalty for violation to be a misdemeanorupon the first offense.
Note: Other sections of the BMC unrelated to this ordinance prohibit conduct at locations within the
City which may also prohibit camping on certain properties at certain times (e.g., City Parks when
they are closed and certain environmental areas) and these ordinances will remain in effect at all
timesand are not amended by this ordinance.
ATTACHMENTS:1) DraftOrdinanceNo. 5482
Note that all written Public Comments received up until 12:00 PM on the meeting daywill be
included in the current on-
FISCAL IMPACTS(Include Budgeted Amount):
STUDY SESSION AGENDA: LimitedPresentation Full Presentation
STUDY SESSION ACTION:Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. 5482to update Bremerton Municipal Code Chapter 9.32 entitled
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018