HomeMy WebLinkAbout02/07/2023 - 06.M. Ordinance amending Yakima Municipal Code Chapter 6.91 to add an alternative to immediate criminal sanctionsBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.M.
For Meeting of: February 7, 2023
ITEM TITLE:Ordinance amending Yakima Municipal Code Chapter 6.91 to add
an alternative to immediate criminal sanctions
SUBMITTED BY:Teresita Tamez, Assistant City Attorney
SUMMARY EXPLANATION:
This proposed ordinance addresses the 9th Circuit decision in Johnson v. City of Grants Pass,
50 F.4th 787, 792 n.2 (9th Cir. 2022) (quoting Martin v. City of Boise, 920 F.3d 584, 617 n.8 (9th
Cir. 2019)). The 9th Circuit Court found that an unlawful camping statute, similar to YMC Chapter
6.91, was inconsistent with the Eighth Amendment of the United States Constitution. Specifically,
the Court held that the City could not enforce its anti-camping ordinances against homeless
persons when there is no shelter bed available in the community.
(1)These amendments do not change the practice of the Yakima Police Department. The Yakima
Police Department seeks and offers alternative housing for homeless individuals prior to enforcing
YMC Chapter 6.91.
(2)The second change explicitly states the imposition of fines is discretionary with the court. Under
State v. Blazina, 182 Wash.2d 827 (2015), non-mandatory criminal fines are always at the discretion
of the court. This amendment codifies the current practice and law.
The adoption of this amendment codifies the existing policy of the Yakima Police Department and
existing case law regarding legal financial obligations.
ITEM BUDGETED:NA
STRATEGIC PRIORITY:Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Pass ordinance.
ATTACHMENTS:
1
Description Upload Date Type
Ord-YMC Ch 6.91_Final 1/27/2023 Ordinance
Ord-YMC Ch 6.91_redline version 1/27/2023 Ordinance
2
1
ORDINANCE NO. 2023-
AN ORDINANCE amending Yakima Municipal Code Chapter 6.91 to add an alternative to
immediate criminal sanctions and bring the code in line with the current
practice of the Yakima Police Department.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following chapter, 6.91, of the City of Yakima Municipal Code is hereby
amended to read as follows:
Chapter 6.91
UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY
Sections:
6.91.010 Unlawful camping.
6.91.020 Storage of personal property in public places.
6.91.030 Erecting camping facilities or camping paraphernalia on public property.
6.91.040 Definitions.
6.91.050 Permits.
6.91.060 Camping in parks prohibited.
6.91.070 Camping on private property.
6.91.080 Parked recreational vehicles.
6.91.090 Penalty.
6.91.010 Unlawful camping.
(1) It shall be unlawful for any person to camp, occupy camp facilities, or use camp
paraphernalia in the following areas, except as otherwise provided by ordinance or rule:
(a) Any street, alley or sidewalk;
(b) Any parking lot or other property or lot owned by the city of Yakima, improved or
unimproved; or
(c) Any right-of-way, planting strip, easement, median, parkway or trail.
(2) Verification is required prior to enforcement of this section.
6.91.020 Storage of personal property in public places.
(1) It shall be unlawful for any person to store personal property, including, but not limited
to, camp facilities and camp paraphernalia, in the following areas, except as otherwise provided
by ordinance or rule:
(a) Any street, alley or sidewalk;
(b) Any parking lot or other property or lot owned by the city of Yakima, improved or
unimproved; or
3
2
(c) Any right-of-way, planting strip, easement, median, parkway or trail.
(2) Verification is required prior to enforcement of this section.
6.91.030 Erecting camping facilities or camping paraphernalia on public property.
(1) It shall be unlawful to erect, install, place, leave, or set up any type of permanent or
temporary camping paraphernalia or camping facilities or structure of any material(s) intended
for camping, in or upon public property without a permit or other authorization from the city.
(a) Verification is required prior to enforcement of this sub-section.
(2) In addition to other remedies provided by law, including, but not limited to, the penalty
provision of this chapter, such an obstruction is hereby declared to be a public nuisance. The
code enforcement officer or his or her designee may summarily abate any such obstruction, or
the obstruction may be abated as prescribed in Chapter 6.56 YMC.
(3) The provisions of this section do not apply to those items specifically provided for in other
sections of this chapter.
(4) The code enforcement officer may promulgate policies to carry out this section. (Ord.
2016-012 § 1 (part), 2016).
6.91.040 Definitions.
(1) “Camping” or “camp” means to pitch or occupy camp facilities, and/or to use camp
paraphernalia.
(2) “Camping facilities” includes, but is not limited to, tents, huts, or temporary shelters made
of any material.
(3) “Camping paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping
bags, hammocks, and/or outdoor cooking facilities such as camp stoves.
(4) “City” means the city of Yakima.
(5) “Parking” means the standing of a vehicle, whether occupied or not, other than temporarily
for purposes of loading or unloading property or passengers.
(6) “Public property” means all property owned, operated, or controlled by the city, including,
but not limited to, parking lots, trails, sidewalks, easements, rights-of-way, planting strips,
medians, greenways, alleys, or streets.
(7) “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, and is transient.
(8) “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to
place or leave in a location unattended.
(9) “Street” means any highway, lane, road, street, right-of-way, boulevard, alley and every
way or place in the city open as a matter of right to public vehicular travel.
4
3
(10) “Trail” means any pathway or trail in the city, owned, operated or maintained by the city,
open as a matter of right to the public for walking, biking or other non-vehicular travel. (Ord.
2016-012 § 1 (part), 2016).
(11) “Verification” means confirmation that alternative forms of shelter are available in the
City. Alternative forms of shelter include non-profit shelters, government-run shelters, faith-
based shelters where practice of such faith or religion is not a mandatory condition to receiving
services, or any location that is not cost prohibitive to the individual facing criminal penalties.
6.91.050 Permits.
Permits for camping may be obtained through Chapter 5.98 or Chapter 9.70 YMC. (Ord. 2016-
012 § 1 (part), 2016).
6.91.060 Camping in parks prohibited.
(1) Pursuant to YMC 13.20.030, camping in public parks is prohibited.
(2) Verification is required prior to enforcement of this section.
6.91.070 Camping on private property.
(1) Camping is prohibited on private property without the owner’s express consent.
(2) Camping is prohibited on private property if there are no sanitation facilities provided by
the property owner or lawful tenant. Sanitation facilities can include access to the indoor
facilities of the primary residence.
(3) Camping is prohibited on private property for more than seven consecutive days.
(4) Verification is required prior to enforcement of this section.
6.91.080 Parked recreational vehicles.
(1) The provisions of this chapter shall not apply to recreational vehicles parked on any
residential street for a period of not greater than twenty-four hours.
(2) Recreational vehicles may not be used as accessory dwellings unless otherwise
specifically permitted by the city.
(3) All recreational vehicles parked on city streets shall abide by the parking rules and
regulations of the city, including, but not limited to, Chapter 9.50 YMC.
(4) For vehicles used as a primary residence, verification is required prior to enforcement of
this section.
6.91.090 Penalty.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and may
be sentenced at the discretion of the court to a fine of not more than one thousand dollars or by
imprisonment of up to ninety days, or by both such fine and imprisonment.
5
4
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 21st day of February,
2023.
Janice Deccio, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
6
1
ORDINANCE NO. 2023-
AN ORDINANCE amending Yakima Municipal Code Chapter 6.91 to add an alternative to
immediate criminal sanctions and bring the code in line with the current
practice of the Yakima Police Department.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The following chapter, 6.91, of the City of Yakima Municipal Code is hereby
amended to read as follows:
Chapter 6.91
UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY
Sections:
6.91.010 Unlawful camping.
6.91.020 Storage of personal property in public places.
6.91.030 Erecting camping facilities or camping paraphernalia on public property.
6.91.040 Definitions.
6.91.050 Permits.
6.91.060 Camping in parks prohibited.
6.91.070 Camping on private property.
6.91.080 Parked recreational vehicles.
6.91.090 Penalty.
6.91.010 Unlawful camping.
(1) It shall be unlawful for any person to camp, occupy camp facilities, or use camp
paraphernalia in the following areas, except as otherwise provided by ordinance or rule:
(1a) Any street, alley or sidewalk;
(2b) Any parking lot or other property or lot owned by the city of Yakima, improved or
unimproved; or
(3c) Any right-of-way, planting strip, easement, median, parkway or trail. (Ord. 2016-
012 § 1 (part), 2016).
(2) Verification is required prior to enforcement of this section.
6.91.020 Storage of personal property in public places.
(1) It shall be unlawful for any person to store personal property, including, but not limited
to, camp facilities and camp paraphernalia, in the following areas, except as otherwise provided
by ordinance or rule:
(1a) Any street, alley or sidewalk;
(2b) Any parking lot or other property or lot owned by the city of Yakima, improved or
unimproved; or
7
2
(3c) Any right-of-way, planting strip, easement, median, parkway or trail.
(2) Verification is required prior to enforcement of this section.(Ord. 2016-012 § 1 (part),
2016).
6.91.030 Erecting camping facilities or camping paraphernalia on public property.
(1) It shall be unlawful to erect, install, place, leave, or set up any type of permanent or
temporary camping paraphernalia or camping facilities or structure of any material(s) intended
for camping, in or upon public property without a permit or other authorization from the city.
(a) Verification is required prior to enforcement of this sub-section.
(2) In addition to other remedies provided by law, including, but not limited to, the penalty
provision of this chapter, such an obstruction is hereby declared to be a public nuisance. The
code enforcement officer or his or her designee may summarily abate any such obstruction, or
the obstruction may be abated as prescribed in Chapter 6.56 YMC.
(3) The provisions of this section do not apply to those items specifically provided for in other
sections of this chapter.
(4) The code enforcement officer may promulgate policies to carry out this section. (Ord.
2016-012 § 1 (part), 2016).
6.91.040 Definitions.
(1) “Camping” or “camp” means to pitch or occupy camp facilities, and/or to use camp
paraphernalia.
(2) “Camping facilities” includes, but is not limited to, tents, huts, or temporary shelters made
of any material.
(3) “Camping paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping
bags, hammocks, and/or outdoor cooking facilities such as camp stoves.
(4) “City” means the city of Yakima.
(5) “Parking” means the standing of a vehicle, whether occupied or not, other than temporarily
for purposes of loading or unloading property or passengers.
(6) “Public property” means all property owned, operated, or controlled by the city, including,
but not limited to, parking lots, trails, sidewalks, easements, rights-of-way, planting strips,
medians, greenways, alleys, or streets.
(7) “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, and is transient.
(8) “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to
place or leave in a location unattended.
8
3
(9) “Street” means any highway, lane, road, street, right-of-way, boulevard, alley and every
way or place in the city open as a matter of right to public vehicular travel.
(10) “Trail” means any pathway or trail in the city, owned, operated or maintained by the city,
open as a matter of right to the public for walking, biking or other non-vehicular travel. (Ord.
2016-012 § 1 (part), 2016).
(11) “Verification” means confirmation that alternative forms of shelter are available in the
City. Alternative forms of shelter include non-profit shelters, government-run shelters, faith-
based shelters where practice of such faith or religion is not a mandatory condition to receiving
services, or any location that is not cost prohibitive to the individual facing criminal penalties.
6.91.050 Permits.
Permits for camping may be obtained through Chapter 5.98 or Chapter 9.70 YMC. (Ord. 2016-
012 § 1 (part), 2016).
6.91.060 Camping in parks prohibited.
(1) Pursuant to YMC 13.20.030, camping in public parks is prohibited.
(2) Verification is required prior to enforcement of this section.
(Ord. 2016-012 § 1 (part), 2016).
6.91.070 Camping on private property.
(1) Camping is prohibited on private property without the owner’s express consent.
(2) Camping is prohibited on private property if there are no sanitation facilities provided by
the property owner or lawful tenant. Sanitation facilities can include access to the indoor
facilities of the primary residence.
(3) Camping is prohibited on private property for more than seven consecutive days. (Ord.
2016-012 § 1 (part), 2016).
(4) Verification is required prior to enforcement of this section.
6.91.080 Parked recreational vehicles.
(1) The provisions of this chapter shall not apply to recreational vehicles parked on any
residential street for a period of not greater than twenty-four hours.
(2) Recreational vehicles may not be used as accessory dwellings unless otherwise
specifically permitted by the city.
(3) All recreational vehicles parked on city streets shall abide by the parking rules and
regulations of the city, including, but not limited to, Chapter 9.50 YMC.
(4) For vehicles used as a primary residence, verification is required prior to enforcement of
this section.
(Ord. 2016-012 § 1 (part), 2016).
9
4
6.91.090 Penalty.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor, shall, upon
conviction of such violation, be found guilty of a misdemeanor and may be sentenced at the
discretion of the court punished byto a fine of not more than one thousand dollars or by
imprisonment of up to ninety days, or by both such fine and imprisonment. (Ord. 2016-012 § 1
(part), 2016).
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 21st day of February,
2023.
Janice Deccio, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
10