Ordinance Prohibits Camping In Parks And Public Spaces, When Overnight Shelters Are Available

Internet photo (not in Redmond)

Consideration of Ordinance No. 2911: An Ordinance Amending Sections 9.33.010 Through 9.33.030 of the Redmond Municipal Code and Adding a New Section 9.33.035 in Order to:

Prohibit Camping and Storage of Personal Property in Parks and in Order to Prohibit Camping and Storage of Personal Property on Other Public Property When Overnight Shelter Space is Available; Authorizing the Police Chief to Adopt Rules and Regulations for Enforcement.

Below is a partial accounting of Council's Janurary 2nd decision-making process in approving the ordinance:

 1)  Mr. Haney, the city attorney advised Council to pass the ordinance to be in compliance with Federal law related to a Boise court case citing 8th Amendment rights.

2)  Council member Anderson moved to amend Ordinance No. 2911 to add the definition “Overnight Shelter” be defined as a public or private shelter, with an available overnight space for one or more individuals.

Anderson's motion was seconded by Council member Fields.  VOTE: Ms. Anderson's motion to amend failed with Council members Anderson and Fields in support (2 – 5).

3)  Mr. Fields asked if the City's municipal campus is an example of public shelter space and someone (staff, attorney, or the mayor) said yes.

4) Mr. Fields recommended a study session before voting on the ordinance.  His concerns were 1) that he and two other council members were new and left out of earlier conversations/decisions and 2)  the ordinance may have serious consequences.  Fields recommendation was denied.  The main motion passed with Council member Fields in opposition (6 – 1).

Activist Albert Rosenthal claims "public shelter space" includes the Mayor's office and City Hall business floors. To read a letter he wrote the Mayor and Council "READ MORE."  He will be addressing Council during Items from the Audience at their next regular meeting, 2/16/2017 7:30 pm. 

B. Yoder, opinion

Mayor and City Council, Redmond, WA

Your new camping ordinance that was approved last week allows a homeless person, when there is no shelter available to camp on any publicly owned city property to which the public is not ordinarily allowed access to including but not limited to, public buildings, water storage tank sites, well sites, storm water ponds and facilities, and other secured properties. 

The Mayors office is not open to the public, and the City Hall Lobby after hours is not open to the public, therefore per your newly passed law homeless persons can camp in the Mayor’s office, the City Hall Lobby after hours, and other secured city properties.

I am assuming that when you passed the attached law the Mayor and City Council did it for one of the following three reasons:

1) The Mayor, City Council, City Attorney, and others from the City did not read the new ordinance.

2) The Mayor, City Council, City Attorney, and others from the City did not comprehend the new ordinance.

3) The Mayor, City Council, City Attorney, and others from the City decided that for public safety is best for the homeless to camp after hours in the City Hall Lobby or other secured city property, when no shelter is available.

I would like to think that the law was written for the 3^rd reason, because the 1^st and 2^nd reasons just seem unthinkable. What was the reason for allowing camping when no shelter is available on any publicly owned city property to which the public is not ordinarily allowed access to including but not limited to, public buildings, water storage tank sites, well sites, storm water ponds and facilities, and other secured properties?

From the link below, and also attached:

9.33.010

(B) The prohibition contained in subsections (A)(1), (A)(2), (A)(3), and (A)(5) above shall be enforced at all times. Law enforcement officers shall not enforce the prohibitions in subsections (A)(4) above when there is no available overnight shelter for individuals or family units experiencing homelessness on the date that camping occurs. 

(A)(4) - Any publicly owned property to which the public is not ordinarily allowed access, including but not limited to, public buildings, water storage tank sites, well sites, storm water ponds and facilities, and other secured properties; 

The new camping ordinance link that Captain Ron Harding sent me:

https://redmond.legistar.com/View.ashx?M=F&ID=5710882&GUID=F0C84E81-CF60-4566-8E42-8BB36A176A84

I would suggest you change the law to never allow homeless camping at water storage tank sites, well sites, storm water ponds and facilities, due to human waste polluting these sensitive areas. But it was very humane of you to allow camping in City buildings after hours when they are not open to the public, assuming that is how you meant the law to legally be read.

I would also suggest that you define where a shelter has to be located, as the law is currently written I would interpret it to require a shelter in Redmond to have space, and since Redmond does not have shelters for all classes of homeless, all homeless that can not find shelter in Redmond will be entitled to camp in Redmond.

-- Albert Rosenthal  January 11, 2017