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Home My WebLink AboutO-2159 - Adds Ch. 7.05, camping (7.05)I-~Q.A. 1-~'7?4... I~CY~ {~~ CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.,)..!59 AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON CREATING A NEW CHAPTER 7.05 MARYSVILLE MUNICIPAL CODE, RELATING TO CAMPING. The City Council of the City of Marysville make the following Findings of Fact: 1.On October 27,1997,the Marysville City Council held a public hearing to consider the adoption of regulations relating to intentional aggressive begging,pedestrian or traffic interference,and sitting or lying down on public sidewalks;and 2.Marysville Police Department has reported not less than 67 incidents between January and October,1997 relating to begging,panhandling,unwanted guests,trespass,public intoxication,urination in public,interference with business customers,and sitting or lying on public sidewalks in and around businesses and residences in the City of Marysville, and related incidents,a listing of such incidents which was made a part of the record of said public hearing;and 3.At said public hearing,owners or managers of Marysville businesses testified to numerous incidents relating to transient persons and panhandlers aggressively begging,interfering with customers,interfering with customers'access to such businesses,following customers to and from their vehicles,and causing a degradation of the downtown business area due to incidents of intoxication, shoplifting,unsanitary conditions,and intimidation of customers or prospective customers,all of which was made a part of the public hearing record;and 4.At said public hearing,evidence and testimony were also provided which demonstrated that persons who sleep,camp and store personal property in,under and about public places including,but not limited to,the I-5 overpass,the caboose area at Fourth Street and Cedar Avenue,and along public street and railroad right of ways;and 5.The conditions at the above-referenced locations where camping occurs are unhealthful,unsanitary and create a public nuisance,and foster panhandling and degradation of the downtown business area;and !wpf/mv/camp.ord 1 6.Based upon the testimony of the Marysville Police Department,Marysville business owners,residents and the entire public record made at said public hearing,the Marysville City Council finds that there is a legitimate and documented need for regulations relating to unlawful camping, storage of certain personal property in public areas, occupying camp facilities or use of camp paraphernalia in public parks,streets and any publicly owned parking lot or publicly owned area,and that such regulations will serve the public health,safety and welfare of the citizens of the City of Marysville; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.A new Chapter 7.05 of the Marysville Municipal Code is hereby created and enacted reading as follows: 7.05 Camping. 7.05.010 7.05.020 7.05.030 7.05.040 7.05.050 7.05.060 Unlawful camping. Storage of personal property in public places. Definitions. Penalty for violations. Parked recreational vehicles exempt. Permit 7.05.010 Unlawful camping.It shall be unlawful for any person to camp,occupy camp facilities or use camp paraphernalia in the following areas,except as otherwise provided by ordinance or as permitted pursuant to MMC 7.05.060: (1)Any park; (2)Any street; (3)Any publicly owned parking lot or publicly owned area,improved or unimproved. 7.05.020 Storage of personal property in Dublic 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 ordinance or as permitted pursuant to MMC 7.05.060: (1)Any park; /wpf/mv/camp.ord 2 (2)Any street; (3)Any publicly owned parking lot or publicly owned area,improved or unimproved. 7.05.030 Definitions.The following definitions are applicable in this chapter unless the context otherwise requires: (1)"Camp"means to pitch or occupy camp facilities,to use camp paraphernalia. (2)"Camp facilities"include,but are not limited to,tents,huts or temporary shelters. (3)"Camp paraphernalia"includes,but is not limited to,tarpaulins,cots,beds,sleeping bags, hammocks or noncity designated cooking facilities and similar equipment. (4)"Park"means those areas subject to the executive and administrative responsibility of the Parks and Recreation Department established by Chapter 2.20 MMC. (5 ) use when leave in "Store"means needed,to put a location. to put aside or accumulate for for safekeeping,to place or Violation of any misdemeanor,and (6)"Street"means any highway,lane,road, street,right of way,boulevard,alley and every way or place in Marysville open as a matter of right to public vehicular travel. 7.05.040 Penalty for violations. of the provisions of this chapter is a 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 one thousand dollars or by imprisonment not to exceed ninety days,or by both such fine and imprisonment. (2)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 one thousand dollars or by imprisonment not to exceed ninety days,or by both such fine and imprisonment.One hundred dollars jwpf/rnv/carnp.ord 3 of the fine and one day of imprisonment shall not be suspended or deferred. (3)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 one thousand dollars or by imprisonment not to exceed ninety 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)If a person is unable to pay the monetary penalty set forth in MMC Sections 7.05.040(1)(2)or (3), the court may order performance of a number of hours of community service in lieu of a monetary penalty. 7.05.050 Parked recreational vehicles exempt.The provisions of this chapter shall not apply to recreational vehicles parked on any street,or in any publicly owned parking lot or publicly owned area, improved or unimproved,if said recreational vehicle is not at that time being used as a temporary living quarters.For purposes of this chapter,"recreational vehicle"means a travel trailer,motor home,truck camper,or camping trailer that is primarily designed and used as temporary living quarters,is either self- propelled or mounted on or drawn by another vehicle,is transient,is not occupied as a primary residence,and is not immobilized or permanently affixed to a mobile home lot. 7.05.060 Permit. (1)The chief of police is authorized to permit persons to camp,occupy camp facilities,use camp paraphernalia,or store personal property in parks, streets,or any publicly owned parking lot or publicly owned area,improved or unimproved,in the city of Marysville. (2)The chief of police shall approve a permit as provided under this section when,from a consideration of the application and from such other information as may otherwise be obtained,the chief finds that: (a)Adequate sanitary facilities are provided and accessible at or near the camp site; /wpf/mv/camp.ord 4 (b)Adequate trash receptacles and trash collection is to be provided; (c)The camping activity will not unreasonably disturb or interfere with the peace, comfort and repose of private property owners;and (d)The camping activity is not reasonably likely to cause injury to persons or property,to provoke disorderly conduct or create a disturbance. (3)The chief of police is authorized to promulgate rules and regulations regarding the implementation and enforcement of this chapter. (4)No permit shall be issued for a period of time in excess of seven calendar days. (5)Any person denied a permit may appeal the denial to city council.Notice of appeal must be in writing,and filed with the city clerk within seven calendar days from the date notice of the denial is received. PASSED by the City Council and APPROVED by the Mayor this IOfJl-,day of Nl2!!em\.-er-,1997. MAYOR By CITY OF MARYSVILLE {kJ UJAWIi-::= ATTEST:.--./' CITY CLERK Approved as to form: BY.~~!<.~.h.c~ CITY AT ORNEY Date of Publication: Effective Date (5 days after publication): /wpf/mv/camp.ord 5