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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 1 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. 2 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 3 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. 7 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