9.50.030 Camping.
A. Camping Prohibited. It is unlawful for any person to camp, occupy camp facilities or use camp paraphernalia on city property, except as set forth in subsection C of this section.
B. Storage of Camping Items Prohibited. It is unlawful for any person to store camp facilities and camp paraphernalia on city property, except as otherwise provided by ordinance.
C. Exceptions. The prohibitions contained in subsection A of this section shall not apply if:
1. The person is engaged in activity prohibited by subsections A and B of this section because they are experiencing homelessness, and there is no overnight shelter available on the date that the prohibited activity occurs; or
2. The person is camping or using camp paraphernalia or camp facilities at a Game Farm Park Campground site after paying the required fees; or
3. The person is camping or using camp paraphernalia or camp facilities as permitted under this subsection:
a. The director of the parks, arts, and recreation department may permit persons to camp, occupy camp facilities, use camp paraphernalia, or store personal property in parks property as defined in Chapter 2.22 ACC and as listed in the park inventory portion of the parks, recreation and open space plan, within the city’s comprehensive plan.
b. The director of the parks, arts, and recreation department may approve a permit for camping on city park property if the director finds, based upon a permit application and information otherwise obtained, that:
i. Adequate sanitary facilities are provided and accessible at or near the camp site;
ii. Adequate trash receptacles and trash collection will be provided;
iii. The camping activity will not unreasonably disturb or interfere with the peace, comfort and repose of private property owners;
iv. The camping activity is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or to create a disturbance; and
v. The camping is in the public interest.
c. The director of the parks, arts, and recreation department is authorized to promulgate rules and regulations regarding the implementation and enforcement of this chapter.
d. Seven days is the maximum period of time a permit may authorize camping on city property.
e. Any person denied a permit may appeal the denial to the hearing examiner in the manner described in Chapter 2.46 ACC and ACC 15.07.130 with the director of the parks, arts, and recreation department serving the role of the building or fire official in that code; or
4. The person is camping or trespassing on any city utility property identified in ACC Title 13, which shall be regulated by that title; or
5. The person is camping or trespassing on Auburn Municipal Airport properties or areas identified in Chapter 18.04 ACC, which shall be regulated pursuant to ACC 9.96.900 and/or Chapter 9A.52 RCW.
D. Definitions. For this section, the following shall apply:
1. “Available overnight shelter” means:
a. A public or private shelter located within the city of Auburn that offers overnight shelter to persons experiencing homelessness and confirms to a city employee that it has an available overnight space at no cost for that person; or
b. If no shelter described in subsection (D)(1)(a) of this section has available space, a shelter located within King or Pierce County that offers overnight shelter to persons experiencing homelessness and confirms to a city employee:
i. That it has an available overnight space at no cost for that person; and
ii. That it is accessible to the person by public transportation or vehicle for hire at no cost for that person.
c. An overnight shelter is available if an individual is prevented from using an otherwise available shelter space because of their past or present voluntary actions such as unlawful drug use or possession, criminal act(s), unruly behavior or willful violation of shelter rules or restrictions pertaining to such activity.
d. An overnight shelter is unavailable if:
i. An individual or family cannot use the shelter’s available space because of shelter-imposed restrictions on its use (other than any restrictions the shelter has imposed pursuant to subsection (D)(1)(c) of this section); or
ii. A city employee, an individual or family attempts to secure a space at the shelter for the day and is denied due to lack of available space.
2. “City property” as used in this section means all improved and unimproved real property owned or leased by the city of Auburn, and all city of Auburn easements, including but not limited to all portions of city parks, as defined in Chapter 2.22 ACC, city buildings, rights-of-way, city parking lots, and city environmentally sensitive areas as defined in ACC 16.06.065. City property shall not include:
a. Religious organization property subject to RCW 35A.21.360;
b. City utilities or utility property identified in ACC Title 13; or
c. Airport property or areas identified in Chapter 18.04 ACC.
3. “Camp” or “camping” means to pitch, create, use, or occupy camp facilities for the purposes of habitation, living accommodation, or dwelling, as evidenced by the storage of personal belongings in “camp facilities” or the use of “camp paraphernalia.”
4. “Camp facilities” include, but are not limited to, tents, tarps configured for shelter, huts, and temporary shelters. “Camp facilities” does not include shelters when used temporarily in a park for recreation or play, consistent with Chapter 2.22 ACC, during hours when the park is open to the public.
5. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-city-designated cooking facilities and similar equipment.
6. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
E. Penalties and Enforcement.
1. A violation of this section is a misdemeanor punishable by 90 days in jail and/or a $1,000 fine.
2. When any police officer or city official has probable cause to believe that any person has violated this section, the officer or official may:
a. Order such person to immediately leave the property where the violation is occurring. Subject to subsection (C)(1) of this section, any person refusing to comply with such an order or returning to the property on the same calendar day as such an order is subject to prosecution for criminal trespass pursuant to Chapter 9A.52 RCW and/or ACC 9.96.900; and
b. Issue the person a written admonishment excluding them from the property where the violation is occurring for a period up to one year from the issue date. Subject to subsection (C)(1) of this section, persons who return to the property within the admonishment period are subject to prosecution for criminal trespass pursuant to RCW 9A.52 and/or ACC 9.96.900.
3. Admonishments issued under this section:
a. Are valid and effective whether or not the excluded person is charged, tried or convicted of any crime or infraction;
b. Are valid and effective even if the admonished person refuses a copy of the admonishment; provided, that the issuing city official reasonably notifies the admonished person of the admonishment period, place(s) of exclusion and appeal process under this section;
c. Are valid and effective for the admonishment period unless and until shortened or rescinded by an official ruling after appeal in this section;
d. May be based upon observations by city officials and/or police officers, or upon civilian reports that an official or officer could reasonably rely on in determining probable cause; and
e. Shall include a statement of the appeal rights in this section and a form for appealing the admonishment as provided by this section.
4. Persons receiving admonishments under this section may appeal the admonishment. Any such appeal must:
a. Be in writing, either on the form referenced in this section or in a writing including at least the person’s name, the involved property location and the approximate admonishment date to enable processing of the appeal;
b. Be received by the city clerk or postmarked within 14 calendar days of the person’s receiving the admonishment; and
c. Be under oath and include all facts that the excluded person believes supports a shortening or rescinding of the admonishment.
5. Admonishment appeals under this section involving city parks shall be processed according to ACC 2.22.240. Otherwise, the director of community development or designee shall review the appeal and issue a ruling upholding, rescinding or shortening the admonishment within 14 calendar days of receiving the appeal. The director or designee may consider the admonishment and any other relevant and trustworthy submitted written materials in deciding the appeal. The admonishment shall be upheld if supported by a preponderance of evidence. The ruling may be transmitted to the excluded person by mail, in person, electronically, or by any other method specified by the person or reasonably likely under the circumstances to give notice.
6. The appeal process in this section cannot be used to appeal any criminal penalties imposed by a court under this section or any other law. (Ord. 6817 § 4, 2021; Ord. 6781 § 4, 2020.)