Beggs, Kinnear Propose Ordinance Updating City's Illegal Camping Code

Hannahlee Allers, hallers@spokanecity.org

Thursday, September 1, 2022 at 1:11 p.m.

Council President Beggs and Council Member Kinnear have filed a proposed ordinance intended to bring the City’s existing camping code into better alignment with the Martin v. City of Boise ruling concerning the enforcement of illegal camping prohibitions. The ordinance, which is attached, is scheduled to be considered by Council during their September 19, 2022, Legislative Session.

Martin v. City of Boise was the 9th Circuit ruling in 2019 that has prohibited enforcement of the camping prohibition on City-owned property subject to the availability of shelter beds. The City of Spokane has not updated its illegal camping code since Martin was decided and has been unable to enforce illegal camping in public rights-of-way because the City has not provided an adequate number of shelter beds.

The proposal includes the following updates:

  1. Prohibits camping at all times, regardless of the availability of shelter space, underneath or within 50 feet of any railroad viaduct located within the Spokane Police Department’s Downtown Precinct boundary and within three blocks of any congregate shelter;
  2. Prohibits camping at all times, regardless of the availability of shelter space, anywhere in the City where an officer can document that the activity poses a substantial danger to any person, an immediate threat, and/or an unreasonable risk of harm to public health or safety, or a disruption to vital government services; and
  3. Prohibits camping along the banks of the Spokane River and Latah Creek unless there is no available shelter space.

“This ordinance lives our police officers the authority to enforce illegal camping downtown and throughout our neighborhoods, especially in situations where it poses a threat to public health and safety,” said Kinnear. “This proposal is the result of months of collaboration and compromise between Council Members, City Administration, and community stakeholders. I’m confident these updates put our community in a better position to enforce illegal camping.”

“The easiest path forward is to provide adequate shelter beds in Spokane,” said Beggs “But until the City accomplishes that, this allows Code Enforcement and Police to promptly address demonstrated safety and public health concerns in a manner that is sufficiently tailored to comply with the Ninth Circuit’s standard of when it allows criminal prosecution for illegal camping.”