HomeMy WebLinkAboutOrdinance 2024-07 amending EWMC title 9 and 12 - signedCity of East Wenatchee, Washington
Ordinance No. 2024-07
An Ordinance of the City of East Wenatchee related to illegal camping and
activities within public parks amending Title 9 Public Peace, Morals and
Welfare and Title 12 Streets, Sidewalks and Public Places containing a
severability clause, and establishing an effective date.
Una Ordenanza de la Ciudad de East Wenatchee relacionada con acampar y
realizar actividades ilegales dentro de parques publicos que modifica el Titulo
9 Paz Publica, Moral y Bienestar y el Titulo 12 Calles, Aceras y Lugares
Publicos que contiene una clausula de separabilidad y establece una fecha de
vigencia.
1. Alternate format.
l.l.Para. leer este documento en otro formato alternativo (espanol, Braille, leer en
voz alta, etc.), comuniquese con la administradora municipal al
alternatformat@eastwenatcheewa.£ov, al (509) 884-9515 o al 711 (TTY).
1.2.r!o read this document in an alternate format (Spanish, Braille, read aloud, etc.),
please contact the City Clerk at alternateform.at@eastwenatcheewa.gov, at (509)
884-9515, or at 711 (TTY).
2. Recitals.
S.l.The City of East Wenatchee ("City") is a non-charter code city, duly incorporated
and operating under the laws of the State of Washington.
^.^. The City has seen negative environmental impacts related to camping on the
City's trail system and other public spaces, including, but not limited to,
individuals removing or damaging vegetation, littering of clothing, hypodermic
needles, human waste, plastic, batteries, electronics, shopping carts, food waste,
and other garbage, and human activity that encroaches into environmentally
sensitive areas or its buffers through human created trails and structures.
^.5. The City has incurred significant financial expense to clean up or abate areas
where unauthorized camping on public property has occurred.
2.4.There are safety and health concerns that have affected the City's residents,
personnel, businesses, and visitors in areas where unauthorized camping has
occurred, including, but not limited to, encountering on public lands hypodermic
needles, human waste, the other environmental impacts noted above, and the
interference with the use of and travel upon public property.
^.5. Title 9 Public Peace Morals and Welfare is a more appropriate area of the East
Wenatchee Municipal Code for sections related to crimes committed in public
parks.
City of East Wenatchee Ordinance 2024-07
Page i of 4
3. Authority.
3.1.RCW 35A.11.020 and ROW 35A.12.190 authorize the City Council to adopt
ordinances of all kinds to regulate its municipal affairs and appropriate to the
good government of the City.
4. Purpose. The purpose of this ordinance is to establish regulations regarding illegal
camping on public lands within the city and to reorganize regulations pertaining to
criminal activities within parks.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
5. Amendments. The City Council amends EWMC Title 9 Public Peace Morals and
Welfare and Title 12 Streets, Sidewalks and Public Places as set forth in Exhibit A.
6. SeverabiUty. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of the
other provisions of this Ordinance.
7. Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance. The City
Council directs the City Clerk to publish a copy of this Ordinance on the City's
website.
8. Effective Date. This Ordinance becomes effective five days from and after
publication.
City of East Wenatchee Ordinance 2024-07
Page 2 of 4
Passed by the City Council of East Wenatchee, at a regular meeting thereof on
this 5th day of November, 2024
The City of East Wenatchee,
Washington
By Jei'FileaCrawford(Nov6,20241/:52PST)
Jerrilea Crawford, Mayor
Authenticated:
-)^(^^-
Anna Laural L^eon^City Clerk
Approved as to form only:
Robert R Siderius, City Attorney
Filed with the City Clerk: 10-31-2024
Passed by the City Council: 10-31-2024Published: 11-09-2024Effective Date: 11-14-2024
City of East Wenatchee Ordinance 2024-07
Page 3 of 4
Summary of
City of East Wenatchee, Washington
Ordinance No. 2024-07
On the 5th day of November, 2024, the City Council of the City of East Wenatchee,
Washington approved Ordinance No. 2024-07, the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee related to illegal camping and
activities within public parks amending Title 9 Public Peace, Morals and
Welfare and Title 12 Streets, Sidewalks and Public Places containing a
severability clause, and establishing an effective date.
The full text of this Ordinance will be mailed upon request.
Dated this 5th day of November, 2024.
u^^^.
Anna Laura/Leon, City Clerk
City of East Wenatchee Ordinance 2024-07
Page 4 of 4
Chapter 9.44
ILLEGAL CAMPING
Sections:
9,44, Q10_.
9.44.020
Definitions
Unlawful Activities
9,44.030
9.44.040
Penalties
Enforcement
9.44.010 Definitions
The following definitions are applicable in this chapter unless the context otherwise requires:
"Camp" means to pitch, erect or occupy camp facilities, or to use camp paraphernalia or both in
such a wav as will facilitate, remaining overnight, and includes parking a camper, recreational
vehicle, trailer, or other vehicle in such a wav as_tc)_faciljtate remainin.g Qverni.qht.
"Camp facilities" include, but are not limited to, tents, huts, temporary shelters, campers,
recreational vehicles, or trailers.
"Camp paraphernalia" inclyctes, but is not limited to tarpaulins, cots, beds, sleeping bags,
hammocks or cookina facilities and similar equipment.
"Park" or "park facility", means any real property, building, structure, equipment, sign, shelter,
swimming pool, veaetation, playground, or other physical Dropertv owned or controlled by the
City for park purposes. "Park" or "park facility" includes all associated areas, including but not
limited to parking lots for parks and pools.
"Personal property" means an item that is:
a) Reasonably recognizable as belonging to a person;
b) In its present condition has apparent utilitv and/or value; and
c) Is not hazardous or unsanitary.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place
or leave in a location.
"Trail" means a public path constructed for the primary purpose of allowing recreational
nQnmotprized transportation.
9.44.020 Unlawful Activities
A. It is unlawful to camp or to store personal property, includina camp facilities and camp
paraphernalia, within thefollowinfl areas except as otherwise provided by this code or where
specifically designated by the owner of such property.
1^_Anv riQht-of-way_i
2, Any public trail, park, or park facility;
3. Any publicly owned parking lot or publicly owned area, improved or unimproved;
4. Any public stormwater facility; or
Exhibit A
5. Any public area where camping obstructs or interferes with the intended public use of
the propertv.
B. It is unlawful to remain, stay or loiter in a park between the hours of 9:00 p.m. and 6:00 a.m.
(or as otherwise posted) after having received instructions to vacate the park.
9.44.030 Penalties
Violation of one or more provisions of this section is a misdemeanor punishable by up {o_90_
days confinement and/or a fine of up to $1000.
9.44,040 Enforcement
Enforcement of _E)rQyisions of this chapter mav be suspended at the discretion of the City for
persons who are indigent and homeless and there are no spaces or beds available in
reasonably accessible homeless shelters,
Chapter 9.4645^2
PUBUC PARKSPARKS AND RECREATION
Sections:
942.4645.010
94^.4645.020
945.4642.030
94^.4645.040
942.4645.050
945.4642.060
94^.46-^2.070
945.4643.080
12.12.090
Definitions.
Destroying facilities.
Animal running at large.
Firearms and explosives.
Proper treatment of animals.
Unlawful acts.
Operation of watercraft.
Vehicle regulations.
Camping regulations.
94^.4645.100 Game restrictions.
945.4642.110 Depositing refuse.
94^.4642.120 Testing motor vehicle prohibited.
9+2.4645.130 Trials or competitions prohibited.
945.4642.140 Fire regulations.
942.464^.150 Alcoholic beverages.
945.46+2.160 Smoking.
9+2.4642.010 Definitions.
"Park" means an area of land that is owned, leased, or controlled by the city, that is set aside or
maintained by the city, and is used for recreation and relaxation of the public. This definition
includes, but is not limited to: public squares, public trails, park drives, parkways, boulevards,
ballparks, and play and recreation grounds and facilities.
Exhibit A
945.4645.020 Destroying facilities.
It is unlawful to damage, remove, destroy, mutilate or deface any properties, plantings,
equipment or facilities or to enter or break in any locked restroom facilities or other park
buildings or structures.
942.4643.030 Animal running at large.
It is unlawful for any person to allow or permit any animal to run at large in a park or enter a
pond, fountain or stream therein. A violation of this section is a Class 1 civil infraction.
943.4642.040 Firearms and explosives.
A. It is unlawful to shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive
of any kind in a park.
B. It is unlawful to shoot or fire any air gun, bows and arrows, B.B. gun or use any slingshot in a
park.
C. A violation of this section is a misdemeanor.
942.4642.050 Proper treatment of animals.
It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill or to throw any
stone or missile of any kind at or strike with any stick or weapon any animal, bird, fowl or fish in
a park. A violation of this section is a Class 1 civil infraction.
945.4643.060 Unlawful acts.
It is unlawful, without first obtaining a permit from the city in each case, to do any of the
following acts or things in a park:
A. To use, place or erect any signboard, sign, billboard, bulletin board, post, pole or device of
any kind for advertising in a park, or to attach any notice, bill, poster, sign, wire, rod or cord to
any tree, shrub, railing, post or structure within a park, or to place or erect in a park astructure
of any kind;
B. To take upcollections or to act as or to ply the vocation of solicitor, agent, strolling musician,
organ grinder, exhorter, barker, showman or bootblack, or to use any loudspeaker;
C. To sell refreshments or merchandise or distribute literature;
D. To hold or participate in any political meeting or other assembly.
E. The first violation of this section is a Class 3 civil infraction. A subsequent violation is a Class
2 civil infraction.
943.4643.070 Operation of watercraft.
It is unlawful to have, keep or operate any boat, float, raft or other watercraft in or upon any bay,
lake, slough, river or creek, within the limits of a park, or to land the same at any point upon the
shores thereof bordering upon a park, except at places set apart for such purposes by the city
and so designated by signs. A violation of this section is a Class 2 civil infraction.
9+2.4643.080 Vehicle regulations.
A. It is unlawful to ride or drive a motorcycle or motor vehicle in a park, except along and upon a
park drive or a designated parking lot.
B. It is unlawful to ride or drive a bicycle, horse or pony over or through a park except along and
upon park drives and bicycle paths.
Exhibit A
C. It is unlawful to ride or drive a bicycle, motorcycle, motor vehicle, horse or pony in a park at a
speed in excess of 10 miles per hour.
D. Except for emergency and city-authorized vehicles, it is unlawful to drive or park a motorcycle
or motor vehicle on the paved surface of the Apple Capital Loop Trail.
E. It is unlawful to park a motorcycle or motor vehicle in a park, except in areas so designated.
F. A violation of this section is a Class 1 civil infraction.
12.12.090 Camping regulations.
A. It is unlawful to camp in a park except at places sot aside for such purpose by the city and so
designated by signs.
B. It is unlawful to remain, stay or loiter in a park between the hours of 9:00 p.m. and 6:00 a.m.
C. The first violation of this section is a Class 4 civil infraction. The second violation of this
section is a Class 3 civil infraction. A subsequent violation is a Class 2 civil infraction.
945.4642.100 Game restrictions.
It is unlawful to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis,
badminton or other games of like character or to hurl or propel any airborne or other missile in a
park except at places set apart for such purposes by the city. A violation of this section is a
Class 4 civil infraction.
942.4642.110 Depositing refuse.
It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk
or advertising matter in a park or to deposit any such material therein, except in designated
receptacles. A violation of this section is a Class 1 civil infraction.
945.4642.120 Testing motor vehicle prohibited.
It is unlawful to operate any motor vehicle or motorcycle for the purpose of testing it, or
ascertaining its fitness for service, along or upon a park drive, parkway or park boulevard, or
public street adjacent thereto. A violation of this section is a Class 1 civil infraction.
945.4642.130 Trials or competitions prohibited.
It is unlawful to engage in, conduct or hold any trials or competitions for speed, endurance or hill
climbing involving any vehicle, boat, aircraft or animal in a park, or public street adjacent
thereto. A violation of this section is a Class 1 civil infraction.
945.4645.140 Fire regulations.
It is unlawful to build a fire in a park except in areas designated by the city. A violation of this
section is a Class 1 civil infraction.
942.464^.150 Alcoholic beverages.
A. It is unlawful to bring an alcoholic beverage into a park.
B. It is unlawful to consume an alcoholic beverage in a park or in the adjacent parking area.
C. The city may permit the sale and consumption of alcoholic beverages within a confined
licensed area for a temporary permit (not to exceed three consecutive days) issued by the
Washington State Liquor Control Board.
D. A violation of this section is a Class 3 civil infraction.
Exhibit A
945.4643.160 Smoking.
It is unlawful to smoke or light a cigar, cigarette, joint, pipe, or other smoking device in a park or
in the adjacent parking area. A violation of this section is a Class 3 civil infraction.
Change the name of Title 12.
Sections:
12.12.010
12.12.020
Title 12
STREETS^AND SIDELWALKS AND PUBLIC PLACES
Chapter 12.12
PARKS AND RECREATION
Definitions.
Destroying facilities.
12.12.030 —Animal running at large.
12.12.0-10 —Firearms and explosives.
12.12.050 —Proper treatment of animals.
12.12.060 —Unlawful octc.
12.12.070 —Operation ofwatercraft.
12.12.080 —Vehicle regulations.
12.12.090 —Camping regulations.
12.12.100 —Game restrictions.
12.12.110 —Depositing rofuco.
12.12.120 —Testing motor vehicle prohibited.
12.12.130 —Trials or competitions prohibited.
12.12.1/10 —Fire regulations.
12.12.150 —Alcoholic beverages.
12.12.160 —Smoking.
12.12.010 Definitions.
"Park" means an area of land that is owned, leased, or controlled by the city, that is set aside or
maintained by the city, and is used for recreation and relaxation of the public. This definition
Exhibit A
includes, but is not limited to: public squares, public trails, park drives, parkways, boulevards,
ballparks, and play and recreation grounds and facilities.
12.12.020 Destroying facilities.
It is unlawful to damage, remove, destroy, mutilate or deface any properties, plantings,
equipment or facilities or to enter or break in any locked restroom facilities or other parkbuildings or structures.
12.12.030 Animal running at large.
It is unlawful for any porson to allow or permit any animal to run at large in a park or enter a
pond, fountain or stream therein. A violation of this section is a Class 1 civil infraction.
12.12.040 Firearms and explosives.
A. It is unlawful to shoot, fire or explode any firearm, fireworks, firecracker, torpedo or explosive
of any kind in a park.
B. It is unlawful to shoot or fire any air gun, bows and arrows, B.B. gun or use any slingshot in a
C. A violation of this section is a misdemeanor.
12.12.050 Proper treatment of animals.
It is unlawful in any manner to tease, annoy, disturb, molest, catch, injure or kill or to throw any
stone or missile of any kind at or strike with any stick or weapon any animal, bird, fowl or fish in
a park. A violation of this section is a Class 1 civil infraction.
12.12.060 Unlawful acts.
It is unlawful, without first obtaining a permit from the city in each case, to do any of the .following acts or things in a park:
A. To use, place or oroct any signboard, sign, billboard, bulletin board, post, pole or device of
any kind for advertising in a park, or toattach any notice, bill, poster, sign, wire, rod or cord to
any tree, shrub, railing, post or structure within a park, or toplace or erect in a park a structure
of any kind;
B. To take up collections or to act as or to ply the vocation of solicitor, agent, strolling musician,
organ grinder, exhorter, barker, showman or bootblack, or to use any loudspeaker;
C. To sell refreshments or merchandise or distribute literature;
D. To hold or participate in any political meeting or other assembly.
E. The first violation of this section is a Class 3 civil infraction. A subsequent violation is a Class
2 civil infraction.
12.12.070 Operation of watorcraft.
It is unlawful to have, keep or operate any boat, float, raft or other watercraft in or upon any bay,
lake, slough, river or creok, within the limits of a park, or to land the same at any point upon the
shores thereof bordering upon a park, except at places set apart for such purposes by the city
and so designated by signs. A violation of this section is a Class 2 civil infraction.
12.12.080 Vohiclo regulations.
A. It is unlawful to rido or drive a motorcycle or motor vehicle in a park, except along and upon a
park drive or a designated parking lot.
Exhibit A
B. It is unlawful to rido or drive a bicycle, horse or pony over or through a park except along and
upon park drives and bicycle paths.
F'C. It is unlawful to rido or drive a bicycle, motorcycle, motor vehicle, horse or pony in a park at a
speed in excess of 10 miles per hour.
D. Except foremorgoncy and city authorized vehicles, it is unlawful to drive or park a motorcyclo
or motor vehicle on the paved surface of the Apple Capital Loop Trail.
E. It is unlawful to park a motorcycle or motor vehicle in a park, except in areas so designated.
F. A violation of this sootion is a Class 1 civil infraction.
12.12.090 Camping regulations.
It is unlawful to camp in a park except at places set aside for such purpose by the city and soA
designated by signs.
B. It is unlawful to remain, stay or loiter in a park between the hours of 9:00 p.m. and 6:00 a.m.
C. The first violation of this section is a Class 4 civil infraction. The second violation of this
section is a Class 3 civil infraction. A subsequent violation is a Class 2 civil infraction;
12.12.100 Game restrictions.
It is unlawful to practice or play golf, baseball, cricket, lacrosse, polo, archery, hockey, tennis,
badminton or other games of like character or to hurl or propel any airborne or other missile in a
park except at places set apart for such purposes by the city. A violation of this section is a
Class 4 civil infraction.12.12.110 Depositing refuse.
It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk
or advertising matter in a park or to deposit any such material therein, except in designated
receptacles. A violation of this section is a Class 1 civil infraction.
12.12.120 Testing motor vehicle prohibited.
It is unlawful to opGrato any motor vehicle or motorcycle for the purpose of testing it, or
ascertaining its fitnoss for service, along or upon a park drive, parkway or park boulevard, or
public street adjacent thereto. A violation of this section is a Class 1 civil infraction.
12.12.130 Trials or competitions prohibited.
It is unlawful to engage in, conduct or hold any trials or competitions for speed, endurance or hill
climbing involving any vehicle, boat, aircraft or animal in a park, or public street adjacent
thereto. A violation of this section is a Class 1 civil infraction.
12.12.140 Fire regulations.
It is unlawful to build a fire in a park except in areas designated by the city. A violation of this
section is a Class 1 civil infraction.
12.12.150Alcoholic beverages.
A. It is unlawful to bring an alcoholic beverage into a park.
B. It is unlawful to consume an alcoholic beverage in a park or in the adjacent parking area.
Exhibit A
C. The city may permit the sale and conoumption of alcoholic bovorages within a confined
licensed area for a temporary permit (not to exceed three consecutive days) issued by the
Washington State Liquor Control Board.
D. A violation of this section is a Class 3 civil infraction.12.12.160 Smoking.
It is unlawful to smoke or light a cigar, cigarette, joint, pipe, or other smoking device in a park or
in the adjacent parking area. A violation of this section is a Gloss 3 civil infraction.
Exhibit A
Ordinance 2024-07, amending EWMC title 9
and 12
Final Audit Report 2024-11-06
Created: 2024-11-06
By: City Clerk (cityclerk@eastwenatcheewa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAA1727N_7xn-NJn_uJ3inOv_F2Hq84h-WB
"Ordinance 2024-07, amending EWMC title 9 and 12" History
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