Title
Approval of an Ordinance Amending Olympia Municipal Code Chapter 12.74 Prohibiting Camping and Constructing Camp Facilities on City Property, City Parklets, and to Include City Right-of-Way
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to approve on first reading and forward to second reading an ordinance amending Olympia Municipal Code Chapter 12.74 to also include prohibiting camping and constructing camp facilities within City right-of-way.
Report
Issue:
Whether to approve on first reading and forward to second reading an ordinance amending Olympia Municipal Code Chapter 12.74 to also include prohibiting camping and constructing camp facilities within City right-of-way.
Staff Contact:
Darian Lightfoot, Director of Housing and Homeless Response
Office of Community Vitality, CMO - 360.753.8033
Presenter(s):
None - Consent Calendar Item.
Background and Analysis:
Background and analysis have not changed from first to second reading.
OMC Chapter 12.74 currently prohibits camping and constructing camp facilities on City
property and City parklets. However, it does not address the hazard posed to persons who camp or construct camp facilities on City right-of-way adjacent to or within a median of City streets traveled by motor vehicles. This hazard poses a special risk to homeless persons who may be unaware of the danger to themselves from habiting such camps or constructing such camp facilities within City right-of-way.
In other communities or upon State right-of-way, there have been instances where motorists who are driving while distracted, or who are impaired and under the influence of alcohol or drugs, or who fall asleep while driving, have left the roadway and collided with camp facilities constructed or erected within right-of-way, resulting in homeless persons being injured or killed who occupy and inhabit such camps. This amendment to OMC Chapter 12.74 will permit law enforcement to notify homeless persons of the danger of camping within City right-of-way, and that such camps are prohibited, prior to any citation being issued. Camping or constructing camp facilities within City right-of-way is punishable as a misdemeanor only if the person refuses or fails to move off City right-of-way.
Climate Analysis:
The proposed amendment to OMC Chapter 12.74 will not impact climate.
Equity Analysis:
The proposed amendment to OMC Chapter 12.74 will permit law enforcement to inform homeless persons of the danger of camping or constructing camp facilities within City right of way before any enforcement action is taken by arrest or citation.
Neighborhood/Community Interests (if known):
There are many concerns from the community about congregation on the City right of way near active streets. Encampments have been forming impacting businesses and residential neighborhoods. This regulation will be more aligned with the City’s sit/lie ordinance and allow law enforcement and homeless response to engage with residents in more coordinated way.
Financial Impact:
None
Options:
1. Approve an Ordinance Amending OMC Chapter 12.74 Prohibiting Camping and Constructing Camp Facilities on City Property, City Parklets, and to Include City Right-of-Way.
2. Modify the Ordinance Amending OMC Chapter 12.74 Prohibiting Camping and Constructing Camp Facilities on City Property, City Parklets, and to Include City Right-of-Way.
3. Don’t approve the Ordinance Amending OMC Chapter 12.74. Persons will be able to camp or construct camp facilities within City right-of-way and medians, subjecting such persons to the hazard of motor vehicles leaving the street and colliding with persons inhabiting such camps or constructing camp facilities.
Attachments:
Ordinance