9.18.110 Enforcement Suspended:
A. Except as otherwise provided in this section, enforcement of this chapter shall be suspended any time there is no space or beds available in regional homeless shelters that accept patrons from the City, or there are no emergency shelter vouchers available, to the extent such available space or beds are required by law. The space is considered available even if the individual could not use the space due to voluntary actions such as intoxication, drug use, or unruly behavior. If an individual or family cannot use an available space because of the individual’s or family member’s sex, familial or marital status, religious beliefs, disability, or length-of-stay restrictions, the space is not considered available. In such circumstances, all provisions of this chapter shall continue to apply to camping, storage of personal property, including camp facilities and camp paraphernalia, and unauthorized encampments at the following:
1. The real property containing City Hall, municipal services facilities, Moses Lake police station, all fire stations, water and wastewater treatment plants, all city parks, and community center;
2. Park facilities, including but not limited to all buildings, structures, equipment, signs, shelters, swimming pools, water recreation facilities, playgrounds, bathrooms, courts or designated sports fields available for reservation, or any other fixture or improvement and the real property within thirty feet (30') of such facilities. Unless constructed as a part of such park facility, natural vegetation shall not be considered a “park facility” for purposes of this section;
3. Public rights-of-way and City-owned real property within thirty feet (30') of such rights-of-way;
4. Critical areas and water supply properties that are owned or used (e.g., one-hundred-foot (100') wellhead protection area) by the City for the purposes of producing, pumping, storing, treating, and protecting domestic drinking water sources; and
5. Publicly owned stormwater drainage facilities.
B. Enforcement of the civil provisions of this chapter may also be temporarily suspended by law enforcement or the City Manager or designee for the purpose of allowing an individual actively engaged in the process of exiting homelessness to continue working towards exiting homelessness; provided, that such suspension shall not authorize any individual to be located at any of the locations identified in Section 9.18.040. Such suspension may only occur during the period while an individual is actively engaged in the process of exiting homelessness, evidence of which must be provided to the officer within seven (7) calendar days of the request. Nothing in this section shall guarantee or create rights to have enforcement of this chapter waived or suspended for any individual found to be violating the terms of this chapter. Nothing in this section shall preclude the City from requiring an individual to move from any location identified in subsection A of this section to other available public property. This section shall not preclude enforcement of this chapter against a person actively engaged in exiting homelessness where the violation results in a significant risk of harm to any person or impedes pedestrian or vehicular traffic, or where the person violates any other federal, state, or local law. Failure to work toward exiting homelessness and/or failure to follow other park and City regulations will result in immediate enforcement of this chapter. The City Manager, or their designee, may adopt such rules and procedures necessary to identify individuals actively engaged in exiting homelessness and to notify the Moses Lake Police Department of such individuals.
C. If the officer determines adequate shelter space to be available, the officer may, within his or her discretion, issue an appropriate citation and/or:
1. Provide directions to the shelter location.
2. Offer one-time transport to the shelter location.
D. Nothing in this chapter shall preclude enforcement of any other federal, state, or local laws. (Ord. 3028, 5/23/23)