Chapter 10.08B
Transient Shelter

Sections:

10.08B.010 Findings.

10.08B.020 Purpose.

10.08B.030 Definitions.

10.08B.040 Unlawful Construction or Occupation of Transient Shelters.

10.08B.050 Reserved.

10.08B.060 Penalty for Violations.

10.08B.070 Permit – Parks.

10.08B.075 Permit – Other Public Property.

10.08B.080 No Public Duty Created.

10.08B.010 Findings.

Persons constructing or occupying transient shelters on public property and on public rights-of-way present a safety hazard, as well as create significant negative impacts on the environment, public health and public property.

Safety hazards include use of open flames/fires without proper containment and/or fire suppression apparatus and obstructions and/or impediments in public rights-of-way interfering with the rights of others to use the areas for which they were intended.

Environmental impacts include contamination from improper disposal of solid waste, detergents and fuels and particulate and chemical pollution of the air from open fires and use of improper fuels.

Public health impacts include a lack of proper sanitary facilities creating a situation where individuals have commonly and openly urinated and defecated on public property and on the public rights-of-way and a lack of solid waste disposal facilities causing the accumulation of human waste, litter, garbage and other debris.

Public property impacts include interference with the intended use of public property and/or rights-of-way by members of the community at large and negative impact on the aesthetic value of the property and/or rights-of-way.

[Ord. passed: 6/28/2004]

10.08B.020 Purpose.

A.  It is the purpose of this chapter to prevent the following harms associated with people constructing or occupying transient shelters on public property and on public rights-of-way:

1.   Safety hazards to persons and/or property occasioned by use of open flames/fires without proper containment and/or fire suppression apparatus and/or obstructions and/or impediments in public rights-of-way;

2.   Negative environmental impacts occasioned by contamination from improper disposal of solid waste, detergents and fuels and/or particulate and chemical pollution of the air from open fires and use of improper fuels;

3.   Negative public health impacts occasioned by a lack of proper sanitary facilities creating a situation where individuals have commonly and openly urinated and defecated on public property and on the public rights-of-way and lack of solid waste disposal facilities causing the accumulation of litter, garbage and other debris; and

4.   Negative impacts on public property occasioned by interference with the intended use of public property and/or rights-of-way by members of the community at large and the degradation of the aesthetic value of the public property and/or rights-of-way based upon the prohibited activities.

B.  It is also the purpose of this chapter to promote the public health, safety and general welfare by making public streets and other areas readily accessible to the public and to prevent use of public property for the purposes of constructing or occupying transient shelters which interferes with the rights of others to use the areas for which they were intended.

[Ord. passed: 6/28/2004]

10.08B.030 Definitions.

The following definitions are applicable in this chapter unless the context otherwise requires:

“Constructing or occupying transient shelters” means to pitch, construct, erect, build, create, use or occupy transient shelters, as evidenced by the use of transient shelter paraphernalia.

“Transient shelters” include, but are not limited to, tents, huts or temporary shelters of any kind.

“Transient shelter paraphernalia” includes, but is not limited to:

A.  tarpaulins, canvas, cardboard, corrugated tin or other materials that are commonly used to construct transient shelters; or

B.  cots, beds, mattresses, hammocks; or

C.  non-city-designated cooking facilities and similar equipment; or

D.  sanitary facilities for storage or disposal of human or solid waste.

“Park” means the same as defined in SMC 12.06.030, and for the purposes of this chapter shall be specifically deemed to include any conservation land or undeveloped property under the control of the park board.

“Street” means any highway, lane, road, street, right-of-way, boulevard, alley and every way or place in the City of Spokane that is publicly owned or maintained for public vehicular travel.

[Ord. passed: 6/28/2004]

10.08B.040 Unlawful Construction or Occupation of Transient Shelters.

A.  It shall be unlawful for any person to construct or occupy a transient shelter in the following areas, except as otherwise provided by ordinance or as permitted pursuant to SMC 10.08B.070:

1.   any street; or

2.   any park; or

3.   any publicly owned or maintained parking lot or other publicly owned or maintained area, improved or unimproved.

B.  Reserved.

[Ord. passed: 6/28/2004]

10.08B.050 Reserved.

Reserved.

[Ord. passed: 6/28/2004]

10.08B.060 Penalty for Violations.

Violation of any of the provisions of this chapter is a misdemeanor. 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.

[Ord. passed: 6/28/2004]

10.08B.070 Permit – Parks.

A.  The director of the parks department, or his/her designee, is authorized to permit persons to construct or occupy a transient shelter on park property.

B.  Upon receipt of an application for any permit under this chapter, the director of the parks department, or his/her designee, shall review the application and make a determination as to whether or not the application should be granted or denied within ten working days after the filing of the application.

C.  The director of the parks department, or his/her designee, is authorized to promulgate other rules and regulations regarding the implementation and enforcement of this chapter.

D.  The director of the parks department, or his/her designee, may 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, he or she finds that:

1.   The application complies with the requirements for transient shelters on park property as may be set forth from time to time by the park board; and

2.   Adequate sanitary facilities are provided and accessible at or near the proposed transient shelter;

3.   Adequate trash receptacles and trash collection are provided and accessible at or near the proposed transient shelter; and

4.   The habitation of the transient shelter will not unreasonably disturb or interfere with the safety, peace, comfort and repose of other patrons of park property adjacent to the proposed site for the transient shelter.

E.  No permit shall be issued for a period of time in excess of three consecutive calendar days. No individual or entity may be issued more than two transient shelter permits in any twelve-month period.

F.  The director of the parks department, or his/her designee, is authorized to revoke any permit that has been issued if he or she finds lack of compliance with any requirement of subsection (D) of this section, or of any rule or regulation promulgated under subsection (C) of this section, or of any ordinance or statute.

G.  Any person who is denied a permit, or had his/her permit revoked, may appeal the denial/revocation to the park board. Notice of appeal must be in writing and filed with the city clerk within seven working days from the date of the denial.

[Ord. passed: 6/28/2004]

10.08B.075 Permit – Other Public Property.

A.  The director of public works and utilities, or his/her designee, is authorized to permit persons to construct or occupy a transient shelter on streets or any publicly owned parking lot or publicly owned area other than parks, improved or unimproved, in the city.

B.  Upon receipt of an application for any permit under this chapter, the director of public works and utilities, or his/her designee, shall send a copy of the application to the city departments of police, public works, human services and fire. The departments shall inspect the application and report to the director of public works and utilities, or his/her designee, within ten working days after the filing of the application. The reports shall contain an approval or disapproval recommendation for the application under review. If the report contains a disapproval recommendation, it shall mention any problems that the proposed activity is expected to pose for the public. If the report contains an approval recommendation, it shall make any necessary recommendations for protecting the public peace, health, safety, life, property and welfare in the event a permit is, or was, issued. In the event any of the specified departments do not return a report to director of public works and utilities, or his/her designee, within the time specified herein, the department shall be deemed to have recommended approval of the permit application without comment.

C.  The director of public works and utilities, or his/her designee, is authorized to promulgate other rules and regulations regarding the implementation and enforcement of this chapter.

D.  The director of public works and utilities, or his/her designee, may approve a permit as provided under this section when, from a consideration of the application, reports from other city departments, and from such other information as may otherwise be obtained, he or she finds that:

1.   The departments of police, public works, human services and fire have recommended approval of the application; and

2.   Adequate sanitary facilities are provided and accessible at or near the proposed transient shelter;

3.   Adequate trash receptacles and trash collection are provided; and

4.   The habitation of the transient shelter will not unreasonably disturb or interfere with the safety, peace, comfort and repose of private property owners.

E.  No permit shall be issued for a period of time in excess of fourteen consecutive calendar days. No individual or entity may be issued more than two transient shelter permits in any twelve-month period.

F.  The director of public works, or his/her designee, is authorized to revoke any permit that has been issued if he or she finds lack of compliance with any requirement of subsection (D) of this section, or of any rule or regulation promulgated under subsection (C) of this section, or of any ordinance or statute.

G.  Any person who is denied a permit, or had his/her permit revoked, may appeal the denial/revocation to the hearings examiner. Notice of appeal must be in writing and filed with the city clerk within seven working days from the date of the denial.

[Ord. passed: 6/28/2004]

10.08B.080 No Public Duty Created.

A.  It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons or individuals who will or should be especially protected or benefited by the terms of the chapter.

B.  Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents.

[Ord. passed: 6/28/2004]