Chapter 9.55
USE OF CITY PUBLIC PROPERTY
Sections:
9.55.030 Unauthorized use of public property.
9.55.040 Unauthorized storage of personal property on public property.
9.55.060 Enforcement suspended.
9.55.010 Purpose.
A. It is the purpose of this chapter to promote the public health, safety, general welfare, and economic health and well-being of the city, its residents, and its visitors by making city public property readily accessible to the public, and to prevent the uses of public property which interfere with the rights of others to use public property for which it is intended and to prevent harm to the health, safety, and welfare of the public.
B. It is also the purpose of this chapter to provide for and promote the health, safety, and welfare of the general public and not to create, either expressly or implicitly, or otherwise establish or designate any particular class or group of persons or individuals who will or should be especially protected or benefited or discriminated against by the terms of this chapter.
C. For purposes of interpreting this chapter, if any definition, requirement, or provision in this chapter conflicts with those in a different provision or chapter of the Milton Municipal Code, the definition, requirement, or provision in this chapter shall apply. (Ord. 2068 § 3, 2023).
9.55.020 Definitions.
As used in this chapter, the following terms shall have the following definitions:
“Available overnight shelter” means a public or private facility, with available overnight space, open to person(s) or family units experiencing homelessness at no charge. Available overnight shelter must be located in the city or within 10 miles of city limits.
“Camp” means to pitch, erect, or occupy camp facilities, or to use camp paraphernalia, or both, for the purpose of, or in such a way as will facilitate, remaining overnight or parking a vehicle for the purpose of occupying the vehicle overnight. The term shall not include overnight use of public property by the city or the governmental entity that owns or has a property interest in such public property.
“Camp facilities” means, without limitation, tents, huts, and temporary shelters.
“Camp paraphernalia” means, without limitation, blankets, pillows, tarpaulins, cots, beds or bedding, sleeping bags, hammocks, non-city designated cooking facilities, and/or other similar equipment.
“City” means the city of Milton, Washington, the area within the territorial limits of the city, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional, statutory, or regulatory provisions.
“Park” means any public area created, established, designated, maintained, provided, or set aside by the city for the purposes of public rest, play, recreation, enjoyment, or assembly, and all buildings, facilities, and structures located thereon or therein, as well as all associated areas, including parking lots.
“Public property” means all property in which the city or any other governmental entity has a property interest, including easements. The term includes, without limitation, all parks, piers, streets, public right-of-way, trails, forests, park museums, pools, beaches, open spaces, public squares, public schools and associated athletic facilities, grounds around city or other publicly owned or leased buildings, including but not limited to parking lots, and any other property in which the city or any other governmental entity has a property interest of any type.
“Store” means to put aside, accumulate, or leave on public property for later use, or for safekeeping.
“Street” means, without limitation, any easements, highway, lane, road, street, right-of-way, boulevard, alley, and all public property open as a matter of right to public vehicle travel or parking.
“Vehicle” means any device capable of being moved or parked upon public property and in, upon, or by which any person(s) or property is or may be moved, parked, transported, or drawn, including, without limitation, all forms of automotive vehicles, buses, trucks, cars, vans, campers, trailers, boats or any other vehicle on trailers, recreational vehicles, and mobile homes of any size, whether capable of supplying their own motor power or not. The term “vehicle” includes all such devices even if immobilized in any way and/or for any period of time. (Ord. 2068 § 3, 2023).
9.55.030 Unauthorized use of public property.
Unless otherwise permitted by the Milton Municipal Code, it shall be unlawful for any person to camp upon or within any public property. (Ord. 2068 § 3, 2023).
9.55.040 Unauthorized storage of personal property on public property.
It shall be unlawful for any person to store personal property, including, without limitation, camp facilities and camp paraphernalia, upon or within any public property. This section shall not apply to vehicles, including trailers, recreational vehicles, and campers, which are unoccupied and parked in rights-of-way, unless otherwise prohibited by law. (Ord. 2068 § 3, 2023).
9.55.050 Penalty.
A. The first violation of MMC 9.55.030 or 9.55.040 is a civil infraction and shall be punishable by a fine of $125.00.
B. The second violation of MMC 9.55.030 or 9.55.040 is a civil infraction and shall be punishable by a fine of $250.00.
C. If an individual has been previously adjudged to have committed at least two previous violations of MMC 9.55.030 or 9.55.040, any violation of MMC 9.55.030 or 9.55.040 shall be a misdemeanor offense and shall be punished upon conviction of such violation by a fine of not more than $1,000, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. (Ord. 2068 § 3, 2023).
9.55.060 Enforcement suspended.
The city shall not enforce the provisions of MMC 9.55.030 or 9.55.040 as to any camping and/or storing of personal property upon or within public property unless the city first confirms that there is available overnight shelter that can be utilized by the particular person(s) experiencing homelessness within 10 miles of the city. The available overnight shelter must not require any person(s) seeking use of the shelter to engage in religious activities. (Ord. 2068 § 3, 2023).
9.55.070 Rules.
The chief of police is hereby authorized to adopt reasonable rules, regulations, administrative policies, and procedures for implementing this chapter. (Ord. 2068 § 3, 2023).