Ordinance 4261ORDINANCE NO.4261
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON ADDING A NEW CHAPTER, CHAPTER 5.70,
TO THE EDMONDS CITY CODE ENTITLED "UNLAWFUL
OCCUPATION OF PUBLIC PROPERTY"
WHEREAS, pursuant to Article XI, Section 11 of the Washington Constitution and RCW
35A.11.020, the City of Edmonds is authorized to regulate public property; and
WHEREAS, public property is intended to be used by the public for public purposes,
including daily City operations, park recreational use, pedestrian, bicycle and vehicular
transportation and other public uses; and
WHEREAS, there is an awareness that when the unhoused population does not have
available overnight shelter, public property can be unavailable to the general public for its intended
purposes; and
WHEREAS, the City of Edmonds has expanded its human services by adding a
component of human services to the Deputy Parks and Recreation Director position and by
growing its partnerships with local non-profit organizations for the purpose of improving the
coordination of existing services, including programs specifically related to improving the lives of
the unhoused residents of the City; and
WHEREAS, the City of Edmonds authorized the creation of a task force to analyze the
complex issues related to the unhoused residents of the City and the task force overwhelmingly
supports and prioritizes the offering of human services, including available shelter, to the unhoused
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residents of the City as part of the provision of wrap -around services necessary to support the
City's unhoused residents; and
WHEREAS, in Martin v. City of Boise, 920 F.3d 584 (91h Cir. 2019), the Night Circuit
Court of Appeals held that the Eight Amendment to the United States Constitution prohibits cities
from enforcing ordinances criminalizing camping on public property when there is no available
shelter; and
WHEREAS, this Ordinance makes it unlawful to occupy and store personal property on
public property overnight, but suspends enforcement against those experiencing homelessness if
overnight shelter is not available; and
WHEREAS, the City Council finds that the regulatory requirements within this ordinance
are necessary to promote public health, safety and welfare by preserving public use of public
spaces for which they are intended;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Seclioll 1. A new chapter of the Edmonds City Code, chapter 5.70, entitled "Unlawful
Occupation of Public Property" is hereby added to read as set forth in Attachment A hereto, which
is incorporated herein by this reference as if set forth in full.
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Section 2. Documentation and im lementati.an. The implementation of this ordinance shall
be applied to any individuals who occupy public property illegally. The offer of assistance,
including food and available shelter shall be documented.
Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 4. Effective Date. This ordinance is subject to referendum and shall take effect
thirty (30) days after final passage of this ordinance.
APPROVED:
MAYM MICHAEL NELSON
ATTEST/AUTH ATED:
E�FFELLtRK,SCO SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY _
JEFF TARADA
FILED WITH THE CITY CLERK: May 13, 2022
PASSED BY THE CITY COUNCIL: May 17, 2022
PUBLISHED: May 20, 2022
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EFFECTIVE DATE: June 19, 2022
ORDINANCE NO. 4261
SUMMARY OF ORDINANCE NO. 4261
of the City of Edmonds, Washington
On the 171" day of May, 2022, the City Council of the City of Edmonds, passed Ordinance
No. 4261. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON
ADDING A NEW CHAPTER, CHAPTER 5.70, TO THE EDMONDS
MUNICIPAL CODE ENTITLED "UNLAWFUL OCCUPATION OF
PUBLIC PROPERTY"
The full text of this Ordinance will be mailed upon request.
DATED this 171h day of May, 2022.
CLE K, SCOTT ,$SEY
ATTACHMENT A
Chapter 5.70
UNLAWFUL OCCUPATION OF PUBLIC PROPERTY
Sections
5.70.010
Purpose
5.70.020
Definitions
5.70.030
Unlawful occupation of public property
5.70.040
Unlawful storage of personal property on public property
5.70.050
Enforcement
5,70.060
Rules
5.70.070 Penalty for Violations
5.70.010 Purpose
It is the purpose of this chapter to promote public health, safety, and welfare by
preserving public use of public spaces for which they are intended.
5.70.020 Definitions
"Available overnight shelter" means a public or private facility, with an available
overnight space, open to person(s) experiencing homelessness at no charge, must be
located within a 35-mile radius with the starting point of Edmonds City Hall, and to
which the city facilitates transport.
"Occupy" means to evidence an intent to remain in a place, at least overnight. Intent can
be evidenced by setting up tents, shelter, or bedding, for example.
"Personal property" means an item(s) recognizable as belonging to a person, has apparent
utility or value in its current condition, and is not hazardous.
"Public property" means all parks, streets, rights -of -way, sidewalks and any other
property of which the City has a property interest.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, or
to place or leave in a location.
5.70.030 Unlawful occupation of public property
Unless caused by city action, or otherwise authorized by city code, city contract or
permit, it shall be unlawful for any person to occupy public property.
5.70.040 Unlawful storage of personal property on public property
A. Unless caused by city action, or otherwise authorized by city code, city contract or
permit, it shall be unlawful for any person to store personal property on public property
overnight.
B. Removal of personal property. The City may remove unlawfully stored personal
property after the city provides necessary notice and an opportunity to be heard. The City
shall facilitate the storage of personal property if required by law.
5.70.050 Enforcement
The City shall not enforce the provisions of 5.70.030 or 5.70.040 against persons
experiencing homelessness if there is no available overnight shelter that can be utilized
by that particular person. If available overnight shelter is available, the shelter space must
be offered to the person(s) experiencing homelessness, along with other available human
services. Only if the shelter space is refused, can the provisions of 5.70.030 and 5.70.040
be enforced against persons experiencing homelessness.
5.70.060 Rules
The chief of police is hereby authorized to adopt rules, regulations, administrative
policies, and procedures for implementing the provisions of this chapter.
5.70.070 Penalty for violations
A. Violation of any of the provisions of this chapter is a misdemeanor, and shall be
punished as follows:
1. 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.
2. Second Offense. Any person who violates any of the provisions of this chapter,
upon conviction of such violation, 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.
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3. Third or Subsequent Offense. Every person who violates any of the provisions of
this chapter, upon conviction of such violation, 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.
4. Prior to imposing any fine for violation of this chapter, the court shall make an
inquiry as to a person's ability to pay. If a person is unable to pay the monetary
penalty set forth in subsections (1), (2) or (3) of this section, the court is explicitly
authorized to order performance of community service or work crew in lieu of a
monetary penalty.
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH954980 ORDINANCE 4260,
4261 as it was published in the regular and
entire issue of said paper and not as a
supplement form thereof for a period of I
issue(s), such publication commencing on
05/20/2022 and ending on 05/20/2022 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount Rf the fee for Ch publication is
$32.68.
aft-S
Subscribed and sworn before me on this Idy Ar*�'
�^ C��n,m 1, bier. -; •::
day of F
tern
Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTr PASSEY
Classified Proof
ORDINANCE SLIMAfARY
of the City of Edmonds, WosM2 eq
On the 17th dsy of Mail 2 W.
the City Courtcll of The Clty al
Edmonds, passed the loiowing tl161nances, the summaries of said
ordinances cons€Sling of Wes are provided as follows
ORDINANCE NQ_6?50
AN ORDINANCE OFTI Y O NDS, WASMINGTON.
AMENDING. VARIOUS PROVISIONS OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE RELATED TO
RESDEN71AL OCCUPANCY LIMrTZ
ORQINANCE NO.4261
AN ORDINANCE OF 7 $ C� E01r.OSHINGTON
ADDING A NEW CHAPTER, CHAPTER 5.70, TO THP. EDMONDS
CITY CODE ENTITLED'UNLAWFUL OCCUPATION OF PUBLIC
PROPERTY'
The full text of these Ordinances will be sent Upon request.
DATED this 17th Day of May, 2022.
CITY CLERK, SCOTT PASSEY
Published: May 20, 2022. EDH954980
Proofed by Phillips, Linda, 05/20/2022 11:52:15 am Page: 2