Spokane Municipal Code

Title 12 Public Ways and Property

Chapter 12.02 Obstruction, Encroachment of Public Ways

Article VI. Protection of Public Lands and Properties

Section 12.02.1011 Removal of Unauthorized Encampments and Individual Camps

Upon a determination by law enforcement or designated City personnel that an area constitutes an unauthorized encampment pursuant to 12.02.1010, or that an individual is engaged in unlawful camping or storage of personal property pursuant to 12.02.1010, the personal property, camping paraphernalia, camp facilities, and all other property, contraband, litter, and solid waste may be removed according to the following procedures:

1. Unoccupied Encampments

1. Written Notice Required Prior to Removal

For unoccupied encampments, written notice of removal will be posted on each tent and/or in any other distinct areas of the encampment. Reasonable efforts should be made to ensure that campers who are known to have difficulties understanding a written notice (whether because they are non-English speakers or impaired in some other way) receive the notice in a manner that is clear.

1. 1. 1. Contents of Notice

The written notice will provide the following notifications:

1. Campers must remove all their belongings from the site within 48 hours.

2. Campers should not leave behind any items they want to keep.

3. Campers unable to remove their belongings in time due to disability or an equivalent hindrance may call 311 or visit MySpokane at Spokane City Hall (808 W. Spokane Falls Blvd), to make a request for special assistance. The request will be evaluated for reasonableness, and if reasonable, accommodated to the extent practicable. Campers should not assume that a request for assistance will be approved or that the City will be able to accommodate the request.

4. Campers may call 311 or visit MySpokane at Spokane City Hall (808 W. Spokane Falls Blvd) to inquire about whether items that were left at an encampment have been stored. Campers may retrieve their belongings without fear of arrest solely on the basis that they are retrieving their belongings.

5. Campers wishing to minimize the risk of losing valued possessions in removals should always keep such items, to the extent possible, in visible, sanitary, and safely accessible bags or bins.

6. If the City does not clean up the site within a reasonable period of time, not to exceed five business days from expiration of the 48-hour period, the notice may be disregarded, and a new notice may then be posted.

7. Basic contact information for campers seeking shelters or social services.

1. 2. Cleanup of Unoccupied Encampments

After 48 hours, the City will clean up the site within a reasonable period of time.

1. 1. Any campers who are present at that time will be directed to remove their belongings from the site.

1. Items that a camper leaves behind will be deemed abandoned.

2. Requests for additional time or assistance to remove items will be evaluated for reasonableness, and if reasonable, accommodated to the extent practicable.

1. 2. City staff, as designated by the Director of Code Enforcement and Parking Services, will conduct an inspection for any remaining, unclaimed items, to the extent this can be done safely. An inspection may be narrowed or terminated for one or more of the following reasons that render further inspection unsafe:

1. presence of one or more hypodermic needles (especially if uncapped);

2. strong odor or visual indication of unsanitary condition (e.g., biological waste) permeating a tent or space;

3. a tent or space that is soaked in liquid or mud;

4. any other similar indication that further inspection or manipulation would be unsafe.

1. 3. Unclaimed items found in an inspection will be initially eligible for storage if and only if:

1. circumstances indicate that the item belongs to a person;

2. the item has apparent utility in its current condition and circumstances; and

3. the item can be safely retrieved from the site.

Examples of potentially storable items include: identification, medication stored in medication bottles with identifying information, art, art supplies, musical instruments, and items that reasonably appear to have sentimental value in their current condition. An item need not be in new or perfect condition to have apparent utility.

1. 4. An eligible item found in an inspection will be put into storage, unless it is determined to meet one of the following disqualifying conditions:

1. hazardous (e.g., items contaminated with human waste, explosives, moldy items);

2. likely to become hazardous in storage (e.g., perishables, wet materials that might become moldy, items covered in mud);

3. practically un-storable, due to large size, weight, or other similar characteristic;

4. contraband or stolen;

5. is on the City’s current list (as published on the City’s website) of common types of items that, in the experience of City staff, campers regularly abandon during encampment removals, and there is no contrary indication as to the specific item.

3. Any items taken into storage will be kept in storage for up to 60 days. In addition to information already available on the notice, information about how stored items can be retrieved shall be available on the City of Spokane’s website.

4. If the City does not clean up the site within a reasonable period of time, not to exceed five business days from expiration of the 48-hour period, the notice will be disregarded, and a new notice may then be posted.

5. Stored items may be retrieved from storage based on a description with sufficient specificity to demonstrate ownership.

2. Occupied Encampments

For occupied encampments, when shelter is available in the City, the City will provide campers with shelter and service information while expediting cleanup and removal of the site.

1. Campers will be directed to remove their belongings from the site.

1. Items that a camper leaves behind will be deemed abandoned.

2. Requests for additional time or assistance to remove items will be evaluated for reasonableness and, if reasonable, accommodated to the extent practicable.

2. A separate and unclaimed portion of an otherwise occupied encampment will be treated as an unoccupied encampment per Section A above.

3. Prioritized Removals Expedited

1. The City will prioritize and expedite the removal of an encampment, whether occupied or unoccupied, if any of the following conditions is observed or reasonably suspected in connection with an encampment:

1. 1. physical threats or violence;

1. 2. criminal activity not inherent in the act of unauthorized camping (e.g., drug use or sales, theft, sex trafficking);

1. 3. a condition that significantly increases the likelihood of disease or the spread of disease (e.g., rodents, exposed meat, human waste);

1. 4. a condition that presents a significant risk of bodily injury or death (e.g., discarded needles, vehicular traffic, weapons);

1. 5. any other substantial threat to public health or safety;

1. 6. damage (including potential or foreseeable damage) to the natural environment of environmentally critical areas;

1. 7. significant amounts of trash;

1. 8. significant disruption to a primary intended use of public property (e.g., blocking a doorway, on a sports field or court; obstructing a large portion of a sidewalk);

1. 1. occupation of an area in which the public is not allowed to be present during the times camping is occurring.

2. Any of the factors enumerated in the above section that are observed at an encampment that is the subject of removal shall be documented with a specific description, which may include a police report, and available photographic or videographic evidence including footage from body worn cameras. In addition to documentation, the police officer or other person responsible for documentation shall include a statement indicating whether such conditions place the public at risk and how removal of the encampment is related to preservation of public health or safety.

4. Other Expedited Removals

            The following types of encampments are subject to expedited removal whether the encampment is occupied or unoccupied:

1. An encampment in an area the public is not allowed to access at the time of removal, with clear signage to that effect.

2. An encampment in an area that has been clearly signed as specially off-limits to camping and subject to expedited removal.

3. An encampment that significantly disrupts a primary intended use of public property (e.g., blocking a doorway, on a sports field or court, or obstructing a large portion of a sidewalk).

4. An encampment that poses a significant risk of bodily injury (e.g., directly adjacent to vehicular traffic, requires walking across highway traffic to access).

5. An encampment that appears to have been entirely abandoned (e.g., no persons present, no items of obvious value, overrun with litter).

6. An encampment prohibited under SMC 12.02.1011.

2. In an expedited removal, the City will follow the same clean-up procedures, including storage procedures, but without prior written notice.

Date Passed: Monday, September 19, 2022

Effective Date: Sunday, October 23, 2022

ORD C36272 Section 1