City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 12
Chapter 12.02
Section 12.02.1007
 

Title 12 Public Ways and Property

Chapter 12.02 Obstruction, Encroachment of Public Ways

Article VI. Protection of Public Lands and Properties

Section 12.02.1007 Obstructing Access to or Use of Public Property

 

  1. A person shall not knowingly obstruct access to or use of any portion of public property unless authorized by a local or state emergency declaration or pursuant to a permit.
  1. A person shall not camp in or upon any portion of public property unless authorized by a local or state emergency declaration or pursuant to a permit. 
  1. The following shall not be considered camping or knowingly obstructing access to and use of public property if:
    1. Committing such acts as a valid exercise of one’s constitutional rights, which incidentally obstruct access to and use of public property to exercise that right;
    1. Summoning aid for an emergency;
    1. Obstructing access as a result of a sensory, mental, or physical disability;
    1. Obstructing access as a result of using a wheelchair, walker, or similar device;
    1. Operating or patronizing a licensed and permitted commercial establishment conducted on public property, or waiting in a line to purchase tickets or attend a performance or public event, or to gain entry to a business or non-profit adjacent to public property;
    1. Participating in or attending a parade, festival, block party, performance, rally, demonstration, athletic event, meeting, or similar event conducted on public property pursuant to a special event or other applicable permit; or
    1. Resting while waiting for transportation or resting on a chair, bench, parklet, sidewalk café, or streatery supplied by a public agency or by the abutting private property owner or lessee for that purpose pursuant to a permit or license.
  1. A violation of this section is a misdemeanor.
  1. A person who complies after being notified by a Spokane Police Officer that their conduct violates this section shall not be subject to enforcement under this section. A person who initially complies but subsequently violates this section during the same law enforcement interaction may be subject to enforcement.
  1. A person engaged by a Spokane Police Officer for conduct in violation of this section, who is offered and accepts from a first responder or City-designated outreach provider, navigation and relocation assistance to an emergency or permanent housing solution, day center, crisis stabilization or crisis relief center, or substance use treatment facility shall not be subject to enforcement under this section.
  1. A person seeking additional time or assistance in complying with this section shall be accommodated to the extent practicable.
  1. It is the intent of the City that a person subject to enforcement under this section be referred to a therapeutic court.

 

Date Passed: Monday, June 30, 2025

Effective Date: Wednesday, August 6, 2025

ORD C36679 Section 5