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The following definitions are applicable in this chapter unless the context otherwise requires:

“Actively engaged in the process of exiting homelessness” means an individual is presently participating in the activities necessary to achieve housing, whether temporary or permanent. The City of Moses Lake recognizes that availability of permanent housing, transitional housing, and treatment services will impact an individual’s ability to successfully move out of homelessness into housing; and therefore, there are no specific timelines outlined within this chapter. Such status shall be determined by the City Manager or designee. When determining whether an individual is actively engaged in the process of exiting homelessness, the City Manager or designee shall take into account whether the individual is:

1. In a local database maintained by the Homeless Management Information System (HMIS) with an active enrollment in an outreach project and/or coordinated entry; or

2. Working with a non-HMIS entering service provider; or

3. Actively working with a street outreach project towards permanent housing or any other intervention requested by the individual (for example, treatment). “Actively working” includes:

a. The outreach worker is building rapport with the individual and has not yet entered any enrollment into HMIS’s database; or

b. The outreach worker and individual are (i) in the documentation gathering phase for purposes of accessing housing or treatment facilities, and (ii) the individual is attending required appointments in order to achieve housing or treatment options; or

4. Participating in any other activity, program, or process deemed necessary to secure permanent housing.

“Available overnight shelter” means a public or private shelter with an overnight space available and open to the individual experiencing homelessness at no charge.

“Camp” or “camping” means to pitch, create, use, or occupy camp facilities and/or to use camp paraphernalia for the purpose of, or in such a way as will facilitate, the occupation of or residing in a location.

“Camp facilities” include, but are not limited to, tents, huts, temporary shelters made of any material, or vehicles, or to demarcate public property under circumstances that evidence an intent to take or hold possession or control of that public property as a person’s residence or tenancy to the exclusion of others or other uses.

“Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-City designated cooking facilities and similar equipment.

“City” means the City of Moses Lake.

“Contraband” means any property that is unlawful to produce or possess.

“Critical area” means an area that possesses important natural functions and embodies a variety of important natural and community values. Such areas include wetlands, streams, fish and wildlife habitat, steep slopes, geologic hazard areas, critical aquifer recharge areas, and flood hazard areas as well as the buffers which serve to protect the aforementioned areas.

“Hazardous material” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, physical, chemical, or infectious characteristics, may cause or significantly contribute to a present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

“Litter” shall have the same meaning as used in RCW 70A.200.030(7) as now enacted or hereafter amended or recodified.

“Park” means the same as defined in Section 12.36.020.

“Personal property” means an item that is reasonably recognizable as belonging to a person; has apparent utility in its present condition and circumstances and is not hazardous. Examples include but are not limited to identification documents, personal papers and legal documents, tents, bicycles, radios and other electronic equipment, eyeglasses, prescription medications, photographs, jewelry, and medical devices such as crutches or wheelchairs. “Personal property” does not include building materials such as wood products, metal, pallets, or rigid plastic, cardboard, nor does it include other large and bulky items such as furniture. City personnel will determine whether an item is personal property, and in cases where the status of an item cannot reasonably be determined by City personnel’s good faith and best judgment based on the totality of the circumstances, City personnel will treat the item as personal property under this definition.

“Pollutant” means and includes anything that may contaminate or contribute to the contamination of any place, area, or location. Examples include, without limitation: hazardous materials; paints, varnishes, and solvents; oil and other automotive or motor fluids; liquid and solid wastes, human waste, food wastes, and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations; floatables such as closed or open cell foam; plastics; pesticides, herbicides, and fertilizers; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; electronics; electric and combustion engines and devices that use electric and combustion engines including parts thereof; hazardous cleaning liquids and materials; any drug as defined by RCW 69.50.101; and any drug paraphernalia as defined in RCW 69.50.102.

“Public property” means all property in which the City has a property interest, including parcels, tracts, easements, and public rights-of-way. The term includes, without limitation, all parks, docks, piers, streets, sidewalks, trails, museums, pools, beaches, open spaces, public squares, the grounds around City facilities including but not limited to parking lots and structures, breezeways, entryways, planter areas, and storage areas, and any other property in which the City has a property interest of any type.

“Solid waste” shall have the same meaning as used in RCW 72A.205.015(22) as adopted or may be amended.

“Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.

“Street” means any highway, lane, road, street, right-of-way, boulevard, alley, and every way or place in the City of Moses Lake that is publicly owned or maintained for public vehicular travel.

“Vegetation” means trees, shrubs, grass, weeds, bushes, vines, turf, flowers, seaweed, fungus, and other plant materials, including but not limited to clippings, fallen leaves, fruit, or branches.

“Vehicle” means the same as defined in RCW 46.04.670, which is hereby adopted as now enacted or hereafter amended. (Ord. 3028, 5/23/23; Ord. 2921, 4/9/19)