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HomeMy WebLinkAbout5482 ORDINANCE NO. 5482 AN ORDINANCEof the City Council of the City of Bremerton, Washington, amending Chapter 9.32 of the Bremerton circumstances under which unauthorized camping is enforced. WHEREAS, despite City and regional efforts to provide housing, shelter, and related services in the City, including but not limited to Pendleton Place, the Kitsap Rescue Mission shelter at the Quality Inn, and the seasonal shelter at the Salvation Army, the preliminary data from the Kitsap 2023 Point-in-Time count indicates a growing number of unsheltered community members; and WHEREAS, while Point-in-Time counts are considered to be an undercount of the actual number of people experiencing homelessness, preliminary data shows 245 unsheltered individuals in Kitsap County which is a 34% increase from 2022 with 58% of the 245 unsheltered individuals surveyed in Bremerton; and WHEREAS, a majority of unsheltered individuals surveyed indicated they lived outside in places not meant for human habitation such as tents; and WHEREAS, when no overnight shelter is available, some unsheltered individuals have no other option but to sleep on public property and protect themselves from the elements with tarps, tents,blankets, sleeping bags, and similar items; and WHEREAS, in Martin v City of Boise, 920 F. 3d 584 (9th Cir. 2019), the Ninth Circuit Court of Appeals held that the Eighth Amendment to the United States Constitution prohibits cities from enforcing ordinances criminalizing camping on all public property when there is no available shelter; and WHEREAS, in Johnson v City of Grants Pass,United States Court of Appeals, Ninth Circuit, Nos. 20-35752, 20-35881 decided September 28, 2022, amended July 5, 2023, the to sleep outside with any form of bedding or shelter, or in a vehicle, on public land violate the Cruel and Unusual Punishment clause of the United States Constitution; and prohibits camping in all parks and public places without taking into consideration available shelter space and must be updated; and WHEREAS, pursuant to Article XI, Section 11 of the Washington Constitution and RCW 35.22, and the Charter of the City of Bremerton, the City of Bremerton is authorized to regulate public property; and WHEREAS, the City Council finds that the regulatory requirements within this ordinanceare necessary to promote public health, safety and welfare by preserving public use of public spaces for which they are intended while balancing the needs and rights of unwillingly unsheltered individuals; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Chapter 9.32 of the Bremerton Municipal Code entitled "Unauthorized Camping" is hereby amended to read as follows: Chapter 9.32 UNAUTHORIZED CAMPING 9.32.010DEFINITIONS. The following definitions areapplicable in this chapter unless the context otherwise requires: (a), transitional housing, or outdoor encampment operated by or permitted by the city, located within the city of Bremerton, thatoffers overnight shelter or camping space to persons experiencing homelessness and shelter staff confirms to a city employee that it has an available overnight space at no cost for that person; or if no such available overnight shelter is available withinthe city of Bremerton, public or private shelter, transitional housing, or an outdoor encampment operated or permitted by a public entity within Kitsap County provided shelter staff confirms to a city employee that it has an available overnight space at no cost for that person and that it is accessible to the person by public transportation or vehicle for hire at no cost for that person. If an individual or family unit cannot use an available accommodation because of the familial or marital status, religious beliefs, disability, or length-of-stay restrictions, the accommodation is not considered available.If the 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, the overnight shelter space shall still be considered available for the purposes of this section. (b) "Camp" means (1) to dwell, reside within or use camping facilities for temporary or permanent habitation or housing; and/or (2) to use camping paraphernalia. (c) "Camping facilities" include, but are not limited to, recreational vehicles, motor vehicles, trailers, tents, huts, or temporary shelters. (d) "Camping paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-City-designated cooking facilities and similar equipment. (e) "Director" means any Director of a City of Bremerton department having authority over a public place or any other person authorized by the Mayor to exercise such authority or their designee. (f) "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 Bremerton Parks and Recreation Department. (g) "Public place" means and includes streets, ways, boulevards, sidewalks, planting or parking strips, shoulders, 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. (h) "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 and is not immobilized or permanently affixed toa mobile home lot. (i) "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. (j) "Street" means any highway, avenue, lane, road, street, drive, place, boulevard, alley, right-of-way,and every way or place in the City of Bremerton open as a matter of right to public vehicular travel. 9.32.020UNAUTHORIZED CAMPING IN PUBLIC PLACES. Except as permitted by permit pursuant to BMC 9.32.040 or as otherwise provided by City Code or ordinance, it shall be unlawful for any person to camp in any park or other public place. This prohibition does not include the use of camping paraphernalia and camping facilities consistent with park rules established by the Parks Director at times parks are open to the public pursuant to BMC 13.04.150.The authority to arrest and file charges for a violation of this section shall be suspended whenthere is no available overnight shelter for the individual camping. 9.32.030UNAUTHORIZED STORAGE IN PUBLIC PLACES. Except as permitted by permit pursuant to BMC 9.32.040, BMC 10.10,or as otherwise provided by City Code or ordinance, it shall be unlawful for any person to store, pitch or park camping facilities or to store or pitch camping paraphernalia in any parkor other public place. This prohibition does not include the use of camping paraphernalia and camping facilities consistent with park rules established by the Parks Director at times parks are open to the public pursuant to BMC 13.04.150.Enforcement ofBMC 9.32.030is suspended when overnight shelter is not available to the individual camping. 9.32.040PERMIT. (a) The Director is authorized, by permit, to allow persons to camp, occupy camping facilities, or use or store camping paraphernalia within or on any park or other public place that may be designated by the City for such use in the City of Bremerton subject to other applicable codes or ordinances. (b) The Director may approve a permit as provided under this section if the Director determines that: (1) Adequate trash receptacles, trash collection and sanitary facilities are available; (2) The camping activity will not unreasonably disturb or interfere with the peace, comfort, and repose of property owners in the area; and (3) The camping activity is not reasonably likely to provoke disorderly conduct or create a disturbance. (c) The Director may place terms and conditions on any permit as the Director finds appropriate for the conditions considering the use and impacts of such use. (Ord. 4898 §1, 2004) 9.32.050PENALTY FOR VIOLATIONS. (a) Misdemeanor. A violation of anyprovision of this chapter shall constitute a misdemeanor pursuant to BMC 1.12.020(2). 9.32.060RULES AND REGULATIONS. The Director may promulgate rules and regulations the Directordeems necessary and appropriate to implement, administer and enforce this chapter. SECTION 2.Corrections.The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 3.Severability.If any one or more sections, subsections, or sentences of this ordinance are 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 4.Effective Date.This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the____20th____ day of ___September______, 2023. _________________________________ JEFF COUGHLIN, Council President Approved this ___22nd_____ day of ___September______________, 2023. _________________________________ GREG WHEELER, Mayor ATTEST:APPROVED AS TO FORM: ___________________________________________________________________ ANGELA HOOVER, City ClerkKYLIE J. FINNELL, City Attorney PUBLISHED the __22nd__ day of ___September__________, 2023. EFFECTIVE the ___2nd__ day of ____October___________, 2023. ORDINANCE NO. 5482.