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 12.02.1010
 

Title 12 Public Ways and Property

Chapter 12.02 Obstruction, Encroachment of Public Ways

Article VI. Protection of Public Lands and Properties

Section 12.02.1010 Unauthorized Camping on Public Property – Violation
  1. Prohibition
  1. No person may camp in or upon any public property including, but not limited to, on conservation lands and natural areas abutting the Spokane River, Latah Creek and their tributaries, unless specifically authorized by declaration of the Mayor in emergency circumstances.
  1. At all times, regardless of the availability of shelter, it is unlawful to camp where such activity poses:
      1. a substantial danger to any person,
      1. an immediate threat and/or an unreasonable risk of harm to public health or safety, or
      1. a disruption to vital government services.

In such circumstances, the encampment shall be subject to expedited removal pursuant to SMC 12.02.1011.

  1. At all times, regardless of the availability of shelter space or beds, it is unlawful to camp or store personal property, including camp facilities and camp paraphernalia, or to have unauthorized encampments, at any time in the following locations:
      1. Underneath or within 50 feet of any railroad viaduct located within the Spokane Police Department’s Downtown Precinct boundary as shown out in Exhibit A; and
      1. Within three blocks of any congregate shelter provided that signs are posted prohibiting camping that are clearly visible to pedestrians.
      1. In public within one thousand (1,000) feet of the perimeter of the grounds of a park (SMC Section 12.06A.030(B&D)), a day care center or child care facility (RCW 35.63.170(3-4)), or a public or private school (RCW 28A.150.010 and RCW 28A.195.010).

Note: SMC 12.02.1010A.3.c., enacted through voter-approved Initiative 2023-4 and identified as Proposition 1, has been invalidated by the decision of the Washington State Supreme Court ruling that the initiative fell outside of the scope of local initiative power.  See Jewels Helping Hands and Ben Stuckart v. Brian Hansen and City of Spokane, No. 102814-8, decided on April 17, 2025.

  1. Penalty

A violation of this section is a misdemeanor. Unless otherwise subject to custodial arrest on a warrant or probable cause for another crime, individuals subject to enforcement under this section shall be cited and released rather than being booked into jail. With the exception of those who do not meet the criteria for acceptance into community court, individuals subject to enforcement under this chapter shall be referred to community court by officer citation.

  1. Enforcement
    1. Law enforcement officers shall not issue a criminal citation to enforce unauthorized camping in violation of section 12.02.1010 (A)(1) when an individual is on public property at a time when there is no available overnight shelter. Nothing in this section shall be construed to prevent the enforcement of section 12.02.1003 at all times, regardless of the availability of shelter, when a person is causing harm to the Spokane River or Latah Creek or to the banks and natural areas that buffer these waterways; nor shall this section be construed to prevent the expedited removal of an encampment on any public property pursuant to section 12.02.1012 (C).
      1. Prior to issuing a citation to a homeless person who is sleeping, lying, sitting, or camping outdoors, the police officer must first confirm that a 24/7 low-barrier shelter had available space during the previous twenty-four hours that could have been utilized by that individual. 
      1. Confirmation of overnight shelter availability may come from data provided through a City-approved data system or through direct contact with regional low-barrier shelters, and shall consist of the following:
        1. whether a shelter has available space for sleeping,
        1. the number of available spaces, and
        1. the guests each shelter will accept (i.e. men, women, families with children, etc.).
    1. Sections 12.02.1010 (A)(2) and (A)(3) are enforceable at all times regardless of shelter availability.

 

Date Passed: Tuesday, November 28, 2023

Effective Date: Tuesday, November 28, 2023

ORD C36408 Section 1