Chapter 7.29 CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES

Chapter 7.29
CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES

Sections:

7.29.010 Unlawful camping.

7.29.020 Storage of personal property in public places.

7.29.030 Erecting permanent or temporary structures on public property or public rights-of-way.

7.29.040 Definitions.

7.29.050 Penalty for violations.

7.29.060 Hosted homeless encampments.

7.29.070 Permits.

7.29.010 Unlawful camping.

(1) Unlawful Camping. It shall be unlawful for any person to camp in the following areas, except as otherwise provided by the Longview Municipal Code or as permitted pursuant to LMC 7.29.070:

(a) Any park;

(b) Any street;

(d) Any publicly owned parking lot or publicly owned area, improved or unimproved.

(2) Supersedes. RVs are specifically excluded from the prohibition of camping on any street, subject to other parking limitations stated in the Longview Municipal Code. (Ord. 3146 § 1, 2010).

7.29.020 Storage of personal property in public places.

It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise provided by the Longview Municipal Code or as permitted pursuant to LMC 7.29.070:

(1) Any park;

(2) Any street;

(3) Any sidewalk; or

(4) Any publicly owned parking lot or publicly owned area, improved or unimproved. (Ord. 3146 § 1, 2010).

7.29.030 Erecting permanent or temporary structures on public property or public rights-of-way.

(1) It shall be unlawful to erect, install, place, leave, or set up any type of permanent or temporary fixture or structure of any material(s) in or upon public property or right-of-way without a permit or other authorization from the city.

(2) In addition to other remedies provided by law, such an obstruction is hereby declared to be a public nuisance. The director of public works, chief of police, or his/her designee, may summarily abate any such obstruction, or the obstruction may be abated as prescribed in Chapter 1.33 LMC.

(3) The provisions of this section do not apply to those items specifically provided for in other sections of this chapter.

(4) The provisions of this section do not apply to depositing material in public right-of-way for less than three hours, unless the material is deposited with the intent to interfere with free passage or it blocks or attempts to block or interfere with any person(s) using the right-of-way.

(5) The director of public works can promulgate policies to carry out this section. (Ord. 3146 § 1, 2010).

7.29.040 Definitions.

The following definitions are applicable in this chapter unless the context otherwise requires:

(1) “Camp” means any place that has been used or occupied as a temporary place to live, for any length of time, as evidenced by a camp facility being pitched, erected or otherwise constructed, used, or occupied for the purposes of human habitation, and/or by the use of camp paraphernalia, litter, trash, waste, and garbage, as well as any other factors that support the location being used as a camp. This definition is not intended to apply to individuals using a day use recreational area for the limited time such day use recreational area is open to the public.

(2) “Camp facilities” include, but are not limited to, tents, huts, cardboard boxes, temporary shelters, or vehicles, including, but not limited to, recreational vehicles, if said vehicle is being used as temporary living quarters.

(3) “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, bedding, sleeping bags, blankets, mattresses, mats, hammocks or non-city-designated cooking facilities or fire and/or similar equipment.

(4) “Garbage” means that as defined in Chapter 16.30 LMC.

(5) “Homeless encampment” means an unpermitted camp of homeless people that has existed for more than seven consecutive days.

(6) “Host agency” means the owner of the property, being a religious institution or other organization that joins a sponsoring agency in an application for a temporary use permit for providing basic services and support to hosted homeless encampment residents, such as hot meals, coordination of other needed donations and services, etc.

(7) “Hosted homeless encampment” means an emergency homeless encampment hosted by a church or other organization, which provides temporary housing to homeless persons.

(8) “Litter” means that as defined in Chapter 16.30 LMC.

(9) “Owner” means a person that has legal title of ownership of the real property or RV and, for all other purposes, the possession of an item.

(10) “Park” means and includes all public parks, public squares, golf courses, bathing beaches, and play and recreation grounds within the city limits, regardless of ownership, and includes all city ball fields and all city leased or rented schools or private property when the same is being used for public recreation.

(11) “Recreational vehicle” or “RV” means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. These units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, motor homes, watercraft, and any combinations or variations thereof.

(12) “Sidewalk” means a concrete walk for pedestrian use outside the building lot line of any property owner and constructed for use by the general public.

(13) “Sponsoring agency” means an organization that joins in an application with a host agency for a temporary use permit and assumes responsibility for providing basic services and support to residents of a hosted homeless encampment, such as hot meals, coordination of other needed donations and services, etc.

(14) “Store” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.

(15) “Street” means any publicly owned improved thoroughfare or right-of-way dedicated, condemned or otherwise acquired by the public for use as such, which affords the primary means of access to abutting properties.

(16) “Tent” means a shelter of canvas or strong cloth, nylon, plastic or other synthetic material, stretched over and supported by wood or other framework, or by any manner of rope or line; this includes commercial or noncommercial tents.

(17) “Trash” means that as defined in Chapter 16.30 LMC.

(18) “Waste” means that as defined in Chapter 16.30 LMC.

(19) “Watercraft” means any boat, vessel, or other craft used for navigation on or through water. (Does not include kayaks or canoes.) (Ord. 3146 § 1, 2010).

7.29.050 Penalty for violations.

Violation of any of the provisions of this chapter shall be a misdemeanor enforced by the chief of police, or his/her designee (hereafter termed “officer”) as follows:

(1) Warning Notice.

(a) Warning. Any person violating any of the provisions of this chapter shall first receive a warning notice from the officer that a code violation has occurred and that the noticed party is a person responsible for a code violation; any person violating this chapter shall only be allowed one warning notice during any two calendar years before being cited for the violation in accordance with subsection (2) of this section.

(b) Contents. The warning notice shall contain the following information:

(i) The address, when available, or location of the violation;

(ii) A statement of the specific code section being violated;

(iii) A statement that the warning notice represents a determination that a code violation has occurred and that the noticed party may be subject to criminal penalties, including a fine up to $1,000 and/or 90 days in jail, plus other costs and assessments;

(iv) A copy of LMC 7.29.070;

(v) A statement that the violation must stop and desist within 24 hours unless there is a showing of an immediate risk of health and safety to the violator or citizens of which the violation must stop immediately, or alternatively it can be immediately shown to the officer that the person may qualify for a permit pursuant to LMC 7.29.070. If the noticed person provides proof to the officer that he/she may qualify for a permit, then the officer, in his/her own discretion, may allow the noticed party up to three business days to obtain a permit and provide proof of such to the Longview police department to avoid further penalties under this chapter;

(vi) A statement that only one warning notice will be provided to a noticed party in any two calendar years.

(vii) A listing, approved by the chief of police, of agencies, including the name, address and phone number for the agency, providing services for mental health, domestic violence victims, short-term housing, food assistance and other resources that may be available for an individual that may be homeless.

(viii) A copy of any notice issued pursuant to this section shall be provided to the following agencies within 48 hours:

(A) The Longview housing authority;

(B) Lower Columbia CAP; and

(i) Prior to removing homeless individuals from an established homeless encampment, the following shall occur:

(A) The city shall post a notice, written in English and Spanish, 24 hours in advance. The notice shall contain the information identified in subsection (1)(b) of this section.

(B) At the time the 24-hour notice is posted, the city shall inform the local agencies that deliver social services to homeless individuals, including the Longview housing authority, Lower Columbia CAP and the Salvation Army, where the notice has been posted and those agencies may arrange for outreach workers to visit the camp where a notice has been posted to assess the need for social service assistance in arranging shelter and other assistance.

(C) After the 24 hours have passed law enforcement may go through the established camp and follow the procedure set forth in subsection (1)(a) of this section for those individuals still remaining at the camp and in violation of this chapter.

(D) Twenty-four-hour notice for a homeless encampment shall not be required and immediate action may be taken in accordance with subsection (1)(a) of this section, in those circumstances where there are the following:

(1) Law enforcement officials reasonably believe that illegal activities other than camping are occurring; or

(2) An exceptional emergency such as possible site contamination by hazardous materials or when there is immediate danger to human life or safety.

(2) Following the provision for a warning notice, the following penalties shall be applied:

(a) First Offense. Any person violating any of the provisions of this chapter shall, upon conviction of such violation, be punished by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment.

(b) Second Offense. Every person who violates any of the provisions of this chapter a second time within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. One hundred dollars of the fine and one day of imprisonment shall not be suspended or deferred.

(c) Third or Subsequent Offense. Every person who violates any of the provisions of this chapter a third or more times within a five-year period shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Five hundred dollars of the fine and five days’ imprisonment shall not be suspended or deferred.

(3) Impoundment. At the discretion of the officer, any recognizable items as camping facilities, camp paraphernalia or other personal property, that is not moldy or a hazardous material, may be seized for purposes of evidence or safe keeping, and either returned to the owner of such (except for illegal personal property, such as unlawful drugs, illegal guns, or other illegal contraband, including shopping carts from an identified local business) after there is no longer a need to retain the items for purposes of prosecution and upon written notice, to the last known address of the owner of the items, of the intent to dispose of the items within 45 days if the items are not claimed by him/her. The items will only be returned to the owner, except upon a signed, notarized statement from such owner directing the release to another person or by legal order. (Ord. 3146 § 1, 2010).

7.29.060 Hosted homeless encampments.

The director of community development, or his/her designee, may issue a temporary and revocable permit for a hosted homeless encampment subject to the following criteria and requirements:

(1) Procedural Approval.

(a) The sponsoring agency shall notify the city of the proposed hosted homeless encampment a minimum of 30 days in advance of the proposed date of establishment for the hosted homeless encampment and at least 14 days before submittal of the temporary use permit. The advance notification shall contain the following information:

(i) The date the hosted homeless encampment will encamp;

(ii) The length of the hosted homeless encampment;

(iii) The maximum number of residents proposed; and

(iv) The hosted location.

(b) The sponsoring agency shall conduct at least one public informational meeting within, or as close to, the neighborhood where the proposed hosted homeless encampment will be located, a minimum of two weeks prior to the submittal of the temporary use permit application. The time and location of the meeting shall be agreed upon between the city and sponsoring agency. All property owners within 1,000 feet of the proposed homeless encampment shall be notified at least 14 days in advance of the meeting by the sponsoring agency. Proof of mailing shall be provided to the director of community development.

(2) Site Criteria.

(a) If the sponsoring agency is not the host agency of the site, the sponsoring agency shall submit a written agreement from the host agency allowing the hosted homeless encampment.

(b) The property must be sufficient in size to accommodate tents and necessary on-site facilities, including, but not limited to, the following:

(i) Sanitary portable toilets in the number required to meet capacity guidelines;

(ii) Hand-washing stations by the toilets and by the food areas;

(iii) Refuse receptacles;

(iv) Food tent and security tent.

(c) The host and sponsoring agencies shall provide an adequate water source to the hosted homeless encampment, as approved by the provider as appropriate or other water service.

(d) No homeless encampment shall be located within a critical area or its buffer as defined under Chapter 17.10 LMC.

(e) No permanent structures will be constructed for the hosted homeless encampment.

(f) No more than 100 residents shall be allowed. The city may further limit the number of residents as site conditions dictate.

(g) Adequate on-site parking shall be provided for the hosted homeless encampment. No off-site parking will be allowed. The number of vehicles used by hosted homeless encampment residents shall be provided. If the hosted homeless encampment is located on site with another use, it shall be demonstrated that the hosted homeless encampment parking will not create a shortage of code-required on-site parking for the other uses on the property.

(h) The hosted homeless encampment shall be within one-quarter mile of a bus stop with seven-days-per-week service, whenever possible. If not located within one-quarter mile of a bus stop, the sponsoring agency must demonstrate the ability for residents to obtain access to the nearest public transportation stop (such as carpools or shuttle buses).

(i) The hosted homeless encampment shall be adequately buffered and screened from adjacent right-of-way and residential properties. Screening shall be a minimum height of six feet and may include, but is not limited to, a combination of fencing, landscaping, or the placement of the homeless encampment behind buildings. The type of screening shall be approved by the city.

(j) All sanitary portable toilets shall be screened from adjacent properties and rights-of-way. The type of screening shall be approved by the city and may include, but is not limited to, a combination of fencing and/or landscaping.

(k) The sponsoring agency shall be responsible for the clean-up of the hosted homeless encampment site within seven calendar days of the encampment’s termination.

(3) Security.

(a) An operations and security plan for the homeless encampment shall be submitted and approved by the city.

(b) The host agency shall provide to all residents of the hosted homeless encampment a code of conduct for living at the hosted homeless encampment. A copy of the code of conduct shall be submitted to the city at the time of application.

(c) All hosted homeless encampment residents must sign an agreement to abide by the code of conduct and failure to do so shall result in the noncompliant resident’s immediate and permanent expulsion from the property.

(d) The sponsoring agency shall keep a log of all people who stay overnight in the encampment, including names and birth dates, and dates of stay.

(e) The sponsoring agency shall take all reasonable and legal steps to obtain verifiable identification, such as a driver’s license, government-issued identification card, military identification or passport from prospective and existing encampment residents.

(f) The sponsoring agency will use identification to obtain sex offender and warrant checks from the Longview police department or Cowlitz County sheriff’s office.

(i) If said warrant and sex offender checks reveal either: (A) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (B) the subject of the check is a sex offender, required to register with the county sheriff or their county of residence pursuant to RCW 9A.44.130, then sponsoring agency will reject the subject of the check for residency to the hosted homeless encampment or eject the subject of the check if that person is already a hosted homeless encampment resident.

(ii) The sponsoring agency shall immediately contact the Longview police department if the reason for rejection or ejection of an individual from the homeless encampment is an active warrant, is due to the individual being a sex offender required to register and/or if, in the opinion of the on-duty executive committee member or the on-duty security staff, the rejected/ejected person is a potential threat to the community.

(g) The sponsoring agency shall self-police and self-manage its residents and prohibit alcohol, drugs, weapons, fighting, and abuse of any kind, littering or disturbing neighbors while located on the property.

(h) The sponsoring agency will appoint an executive committee member to serve on duty at all times to serve as a point of contact for city of Longview police and will orient the police as to how the security operates. The names of the on-duty executive committee members will be posted daily in the security tent. The city shall provide contact numbers of nonemergency personnel, which shall be posted at the security tent.

(4) Timing.

(a) The maximum continuous duration of a homeless encampment shall be 90 days. Citywide, the total maximum number of days homeless encampments may operate in the city shall not exceed 180 days in any 24-month period (e.g., two homeless encampments each operating 90 days (maximum 180 days total) may be allowed in a 24-month period).

(b) No more than one homeless encampment may be located in the city at any time.

(5) Health and Safety.

(a) All temporary structures within the homeless encampment shall conform to all building codes.

(b) The homeless encampment shall conform to the following fire requirements:

(i) Material used as roof covering and walls shall be of flame-retardant material.

(ii) There shall be no open fires for cooking or heating.

(iii) No heating appliances within the individual tents are allowed unless the appliance is designed and licensed for that purpose.

(iv) No cooking appliances other than microwave appliances are allowed.

(v) An adequate number and appropriate rating of fire extinguishers shall be provided as approved by the fire department.

(vi) Adequate access for fire and emergency medical apparatus shall be provided. This shall be determined by the fire department.

(vii) Adequate separation between tents and other structures shall be maintained as determined by the fire department.

(viii) Electrical service shall be in accordance with recognized and accepted practice; electrical cords are not to be strung together and any cords used must be approved for exterior use.

(c) The sponsoring and host agencies shall permit inspections by Longview city staff and the Cowlitz County health department at reasonable times without prior notice for compliance with the conditions of this permit.

(6) Termination. If the sponsoring agency fails to take action against a resident who violates the terms and conditions of this permit, it may result in immediate termination of the permit. If the city learns of uncontrolled violence or acts of undisciplined violence by residents of the encampment and the sponsoring agency has not adequately addressed the situation, the temporary use permit may be immediately terminated. (Ord. 3150 § 1, 2010; Ord. 3146 § 1, 2010).

7.29.070 Permits.

(1) The director of public works, or his/her designee, is authorized to permit persons to store personal property in or on streets, sidewalks or any publicly owned parking lot or publicly owned area, improved or unimproved, in the city of Longview. If the request for a permit is related to a parade, athletic event and/or other special event as defined in LMC 7.40.010, then the process to follow for the requested permit shall be as set forth in Chapter 7.40 LMC and not as set forth in this section.

(2) The director of public works is authorized to promulgate rules and regulations, not contrary to any criteria or requirements set forth herein, regarding the implementation of the permit process of this section. (Ord. 3146 § 1, 2010).