HomeMy WebLinkAbout11/01/2016 11 Unlawflul Camping and Storage of Persoanl Property on Public Property; YMC Amendment 6.91 r �� \}
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 11.
For Meeting of: November 1, 2016
ITEM TITLE: Ordinance amending Section 6.91 of the Yakima Municipal Code
relating to unlawful camping on public property and unlawful storage
of personal property on public property
SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney
SUMMARY EXPLANATION:
As requested by the City Council at its October 18, 2016 meeting, the attached ordinance
amends the unlawful camping ordinance and would allow camping on sidewalks, planting strips,
median, parkways, City -owned rights -of -way, and other limited public property, from the hours of
9:00 p.m. to 6:30 a.m. in the event there is insufficient shelter accommodations for such persons.
ITEM BUDGETED: NA
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Pass ordinance.
BOARD /COMMITTEE RECOMMENDATION:
At the request of the City Council on October 18, 2016.
ATTACHMENTS:
Description Upload Date Type
Unlawful Camping & Storage of Personal Property, Ch. 10/25/2016 Ordinance
6.91 -FINAL
Unlawful Camping & Storage of Personal Property, Ch. 10/25/2016 Ordinance
6.91 - Redline
ORDINANCE NO. 2016 -
AN ORDINANCE amending Section 6.91 of the Yakima Municipal Code relating to
unlawful camping on public property and unlawful storage of
personal property on public property.
WHEREAS, camping on public property, such as sidewalks, streets, alleys and planting
strips is a public health and safety concern due to vehicle and bike traffic; and
WHEREAS, camping without adequate sanitation services, such as sewer, water and
garbage presents a public health and safety concern due to the ability to spread disease and
contract illness without proper sanitary facilities; and
WHEREAS, public property should be available to all the public and the placement of
camping gear, tents, sleeping bags or other personal property does not allow for public use of,
and safe passage over, public property; and
WHEREAS, camping should only occur in designated campgrounds with proper facilities
and in the zoning districts outlined in Title 15, namely the suburban residential (SR) and the
general commercial (GC) zoning districts with elevated review, unless otherwise expressly
authorized by the City; and
WHEREAS, the City Council finds that the regulatory requirements established by this
ordinance are necessary for the preservation of the public peace, health and safety; and
WHEREAS, there may be limited circumstances where on a particular night or nights
there will not be available shelter beds for every individual person experiencing homelessness
on those particular nights, so the City Council believes that allowing people to camp on some
City property from 9:00 p.m. and 6:30 a.m. will allow people to sleep more securely and free
from the fear of being rousted or awakened in the middle of the night; and
WHEREAS, the City Council finds and determines that adopting this ordinance is in the
best interests of the residents of the City of Yakima and will promote the general health, safety
and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 6.91: Unlawful Camping and Storage of Personal Property, shall be
amended to read as follows:
Chapter 6.91 Unlawful Camping and Storage of Personal Property
Sections:
6.91.010 Unlawful camping
6.91.015 Lawful 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
1
6.91.060 Camping in parks prohibited
6.91.070 Camping on private property
6.91.080 Penalty for violations
6.91.010 Unlawful camping. 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:
(1) Any street, alley or sidewalk;
(2) Any parking lot or other property or lot owned by the City of Yakima, improved or
unimproved; or
(3) Any right -of -way, planting strip, easement, median, parkway or trail.
6.91.015 Lawful camping. Only at such time that there are insufficient shelter
accommodations available to meet the needs of the unsheltered within the City, it is lawful for
any unsheltered person to camp, occupy camp facilities, or use camp paraphernalia from the
hours of 9:00 p.m. to 6:30 a.m. in the following areas:
(1) Any parking lot or other property or lot owned by the City of Yakima, improved or
unimproved, but not property subject to section 6.91.060 and section 13.20.030; or
(2) Any City -owned right -of -way, planting strip, median, or parkway; or
(3) Any sidewalk as long as it does not obstruct pedestrian and disabled pedestrian
use of the sidewalk.
Other than during the hours permitted for camping set forth above, all camping paraphernalia
shall be removed from the public property.
6.91.020 Storage of personal property in public places. 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:
(1) Any street, alley or sidewalk;
(2) Any parking lot or other property or lot owned by the City of Yakima, improved or
unimproved; or
(3) Any right -of -way, planting strip, easement, median, parkway or trail.
6.91.030 Erecting camping facilities or camping paraphernalia on public property.
(1) Other than as specifically allowed under Section 6.91.015, 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.
(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 herein.
(3) The provisions of this section do not apply to those items specifically provided for
in other sections of this chapter.
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.
2
(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.
(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.
6.91.050 Permits. Permits for camping may be obtained through Chapter 5.98 or
Chapter 9.70 of the Yakima Municipal Code.
6.91.060 Camping in parks prohibited. Pursuant to Section 13.20.030, camping in
public parks is prohibited.
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 (7) consecutive
days.
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 24 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 of the Yakima Municipal
Code.
6.91.090 Penalty. Any person violating any of the provisions of this chapter shall,
upon conviction of such violation, be found guilty of a misdemeanor and punished by a fine of
not more than $1,000.00 or by imprisonment of up to 90 days, or by both such fine and
imprisonment.
Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional, unlawful or invalid by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
3
Section 3. Effective Date. 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 1S day of November, 2016.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
4
ORDINANCE NO. 2016 -
AN ORDINANCE amending Section 6.91 of the Yakima Municipal Code relating to
unlawful camping on public property and unlawful storage of
personal property on public property.
WHEREAS, camping on public property, such as sidewalks, streets, alleys and planting
strips is a public health and safety concern due to vehicle and bike traffic; and
WHEREAS, camping without adequate sanitation services, such as sewer, water and
garbage presents a public health and safety concern due to the ability to spread disease and
contract illness without proper sanitary facilities; and
WHEREAS, public property should be available to all the public and the placement of
camping gear, tents, sleeping bags or other personal property does not allow for public use of,
and safe passage over, public property; and
WHEREAS, camping should only occur in designated campgrounds with proper facilities
and in the zoning districts outlined in Title 15, namely the suburban residential (SR) and the
general commercial (GC) zoning districts with elevated review, unless otherwise expressly
authorized by the City; and
WHEREAS, the City Council finds that the regulatory requirements established by this
ordinance are necessary for the preservation of the public peace, health and safety; and
WHEREAS, there may be limited circumstances where on a particular night or nights
there will not be available shelter beds for every individual person experiencing homelessness
on those particular nights, so the City Council believes that allowing people to camp on some
City property from 9:00 p.m. and 6:30 a.m. will allow people to sleep more securely and free
from the fear of being rousted or awakened in the middle of the night; and
WHEREAS, the City Council finds and determines that adopting this ordinance is in the
best interests of the residents of the City of Yakima and will promote the general health, safety
and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 6.91: Unlawful Camping and Storage of Personal Property, shall be
amended to read as follows:
Chapter 6.91 Unlawful Camping and Storage of Personal Property
Sections:
6.91.010 Unlawful camping
6.91.015 Lawful 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
1
6.91.060 Camping in parks prohibited
6.91.070 Camping on private property
6.91.080 Penalty for violations
6.91.010 Unlawful camping. 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:
(1) Any street, alley or sidewalk;
(2) Any parking lot or other property or lot owned by the City of Yakima, improved or
unimproved; or
(3) Any right -of -way, planting strip, easement, median, parkway or trail.
6.91.015 Lawful camping. Only at such time that there are insufficient shelter
accommodations available to meet the needs of the unsheltered within the City, it is lawful for
any unsheltered person to camp, occupy camp facilities, or use camp paraphernalia from the
hours of 9:00 p.m. to 6:30 a.m. in the following areas:
(21) Any parking lot or other property or lot owned by the City of Yakima, improved or
unimproved, but not property subject to section 6.91.060 and section 13.20.030; or
(22) Any City -owned right -of -way, planting strip, eacomont t ,median, or parkway
trail
(3) Any sidewalk as long as it does not obstruct pedestrian and disabled pedestrian
use of the sidewalk.-
Other than during the hours permitted for camping set forth above, all camping paraphernalia
shall be removed from the public property.
6.91.020 Storage of personal property in public places. 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:
(1) Any street, alley or sidewalk;
(2) Any parking lot or other property or lot owned by the City of Yakima, improved or
unimproved; or
(3) Any right -of -way, planting strip, easement, median, parkway or trail.
6.91.030 Erecting camping facilities or camping paraphernalia on public property.
(1) Other than as specifically allowed under Section 6.91.015, i t 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.
(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 herein.
(3) The provisions of this section do not apply to those items specifically provided for
in other sections of this chapter.
6.91.040 Definitions
(1) "Camping" or "camp" means to pitch or occupy camp facilities, and /or to use
camp paraphernalia.
2
(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.
(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.
6.91.050 Permits. Permits for camping may be obtained through Chapter 5.98 or
Chapter 9.70 of the Yakima Municipal Code.
6.91.060 Camping in parks prohibited. Pursuant to Section 13.20.030, camping in
public parks is prohibited.
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 (7) consecutive
days.
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 24 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 of the Yakima Municipal
Code.
6.91.090 Penalty. Any person violating any of the provisions of this chapter shall,
upon conviction of such violation, be found guilty of a misdemeanor and punished by a fine of
not more than $1,000.00 or by imprisonment of up to 90 days, or by both such fine and
imprisonment.
Section 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional, unlawful or invalid by a court of competent jurisdiction,
3
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
Section 3. Effective Date. 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 1S day of November, 2016.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
4
Distributed at the
Meeting III-g2
November 1, 2016
Comments received regarding the proposed camping ordinance amendments
Pam Cleaver (Yakima resident) — pam.cleavermossadams.com
As someone who works downtown Yakima (Yakima Avenue & 4th), and lives by
Franklin Park I would encourage all of you to vote NO on the current proposal
Parks are meant to provide safe access to children, and I would hate to take
away safe places for families due to a lack of vision from both our elected leaders
and city staff. Please see what has happened in other cities that have taken
similar actions before you make a decision.
Bridget Russel (Yakima resident) — bridgetrussel @gmail.com
I have been following along on the homelessness issue in Yakima, watching
patiently as I hoped for a long -term solution to be implemented. I was optimistic
when I heard talk of creating a tiny home community, and Housing First
solutions. It has been frustrating to see so little action being taken by YVCOG,
and I'm concerned that their inaction may lead to some ill- conceived short-term
ideas by Council.
As a mother who is raising children in the City of Yakima, as a professional, and
as a home owner and tax payer, I respectfully request that you reject any motion
to allow camping in city parks, sidewalks, parking lots, etc. and keep the already
approved homeless encampment temporarily. While this encampment is far from
ideal, it already has services such as porta potties, garbage collection and
service outreach.
Allowing city camping sounds, on its surface, like a compassionate solution for
those without homes, yet those who work at addressing this issue day -in and
day -out say that this is an act that will destabilize the population even further,
removing them from access to vital social structure and services, putting them at
odds with police, emergency services, and the community at large while doing
nothing to address the root cause of this systemic problem.
By ensuring that people are not camping in areas that are unsafe and unsuitable,
outreach services will be able to connect with people and stay engaged with
them for the period of time necessary to access appropriate housing resources.
Then, let's move quickly to get people inside. Studies have shown that rapid
rehousing is cheaper and more humane than homeless camps or long -term
shelters.
Long -term, I would hope that we as a city wholeheartedly embrace solutions
which move people to housing quickly without barriers to entry; we should stop
funding organizations that erect these barriers (e.g., refusing those with criminal
histories, addiction challenges, etc.). I expect that the City of Yakima would
contract for performance, requiring organizations who receive taxpayer dollars to
achieve measurable outcomes. These are the steps that will help to actually end
homelessness, not perpetuate it.
I hope that you, as our leaders are focusing on data, measuring carefully which
services are actually moving people from the street to homes. Cities are making
progress, including Salt Lake City and Boston. They use the "Housing First"
model, and it is making a difference.
http: / /www.sfgate. com /nation /article /Salt- Lake -C ity-a- model- for- S -F -on-
homeless-5587357.php
http: / /www. motherjones.com /politics/ 2015/02 /housing- first - solution -to-
homelessness -utah
http: / /www.fobh.orq /what- we- support/housing- first/
We must use our tax payer dollars, and perhaps even more critically, our
collective experiential equity, to do the hard work that leads to the development
of real solutions.
Until we have suitable housing solutions (which YVCOG should do everything in
its power to enact immediately), the temporary encampment should be kept
short-term. Let's please focus on housing, not camping.
Distributed at the
Meeting / V/ /w
• Of the 84 campers its estimated that 75% are at risk of mental health issues
• 15 of the campers are homeless youth 18 -24 years of age
• 10% of campers are veterans
• We have reported our first death; a female camper that had an untreated
abscess that turned into sceptic and then turned into organ failure. This
was 100% preventable.
• Most campers when asked to move, state they feel safer where they are ;
having them located where they are, makes them more accessible to
service providers.
• As of today we have placed 19 campers in housing, and trying to find
additional housing for 11 more through the Horay project.
• According to the point in time study 93% of those interviewed reported
that their last known address was in Yakima.
• Twice a day outreach workers from Yakima Neighborhood Health services
visit and serve the residents on the corner of Chestnut and 3 ST.
• One of the top reported self- identified need among the homeless
population is job training and placement.
• According to the 2016 stake holder report: the top four causes of
homelessness are;
o Alcohol /drug use
o Unable to pay rent and mortgage
o Family crisis /break ups
o Job loss
of -are -4<
Distributed at the
Meeting & //
2016 moving forward -
Homeless Network meets 3rd Thursday each month
Vision of the Homeless Network:
The Homeless Network will move unsheltered homeless
individuals and families into permanent housing, increase self- 2014 -2015
10 I"' "' ti0rk «• sufficiency and create long -term stability. Permanent Supportive Housing increases — Next
,webany In. Mornowa .«- ....C.. Steps Housing, YNHS, Yakima Housing Authority,
Private Landlords
2012
Homeless Navigator Employment Project begins with South Central 2013
Workforce Development Council United Way / Gates Foundation provides
"Inter- Generational Poverty" support to Network
2011
partners.
"FIESTAS" Network Case Management model named national Promising 2011
Practice by Health & Human Services YNHS opens Medical Recuperative Respite units with
Network support
2009
First "Project Homeless Connect" offered to provide services, better
identify homeless and near - homeless in Yakima County 2009
2008 Rod's House, Homeless Youth Drop in Center opens
Yakima County Homeless Veterans Program joins Network services
2008
2007 Washington Families Fund awards first of four
Homeless Resource Center Opens Supportive Housing grants to Network partners
(107 House, Operated by La Casa Hogar, later transferred 2007
to YNHS) Noah's Ark Homeless Shelter opens in Wapato
2005
YNHS opens Health Care for the Homeless 2006
Clinic (Neighborhood Connections) First Extreme Winter Weather Shelter opens
2005
First 10 -Year Plan is Complete* Endorsed by County Commissions and
City of Yakima
2004
Network Fo 40 + agencies come
together in Yakima
County
Homeless Network of Yakima County
Reducing homelessness in our communities
Sheltered
943
\ a 852
4 ' 827
•.712
616
516
Unsheltered
3
46
64
2006 2008 2010 2012 2014 2016 2018