3072 Homeless Closure Plan MLMC 8.06 9.18 9.20ORDINANCE NO. 3072
AN ORDINANCE OF THE CITY OF MOSES LAKE,
WASHINGTON, AMENDING CHAPTER 9.18 TITLED
“CAMPING”, AND CREATING NEW CHAPTERS 8.06
TITLED “ABANDONDED SHOPPING CARTS”, AND 9.20
TITLED “SITTING OR LYING ON PUBLIC SIDEWALKS IN
DOWNTOWN AND NEIGHBORHOOD COMMERCIAL
ZONES” OF THE MOSES LAKE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Created. A new Chapter 8.06 of the Moses Lake Municipal Code titled “Shopping
Carts” is adopted as follows:
Chapter 8.06
SHOPPING CARTS
Sections:
8.06.010 Purpose and applicability.
8.06.020 Definitions.
8.06.030 Identification signs.
8.06.040 Impoundment and fees.
8.06.050 Security measures.
8.06.060 Disposition of unclaimed shopping carts.
8.06.070 Operation of shopping cart on public right-of-way.
8.06.010 Purpose and applicability.
(1) A purpose of this chapter is to provide for the prompt retrieval of lost, stolen or abandoned
shopping carts to promote public safety and improve the image and appearance of the city. It is a
further purpose of this chapter to have the owners and operators of businesses providing
shopping carts use the means available to them to deter, prevent or mitigate the removal of
shopping carts from their business premises, and to retrieve any carts that may be removed
despite these efforts. It is a further purpose of this chapter to prevent the illegal removal of
shopping carts from business premises, to prevent the continued possession of illegally removed
carts, and to prevent the accumulation of illegally removed carts on public or private property.
(2) Applicability. This chapter shall apply to all shopping carts in the city of Moses Lake.
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 1 of 18
Page 2 of 18
8.06.020 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Unless defined otherwise here, the definitions of MLMC 1.05.020 shall control.
“Owner” means the owner or retailer identified by an identification sign on a shopping cart or, in
relation to a shopping cart without an identification sign, the retail establishment that makes
available that shopping cart for customers to use.
“Retail establishment” means any business that makes available shopping carts for customers of
the business to use regardless of whether such business is advertised or operated as a retail or
wholesale business, and regardless of whether such business is open to the public, is a private
club or business, or is a membership store.
8.06.030 Identification signs.
Each shopping cart offered or provided for customers to use shall have an identification sign
affixed to it in accordance with RCW 9A.56.270(2), as now enacted or hereafter amended.
8.06.040 Impoundment and fees.
(1) Impoundment of abandoned or lost shopping carts. The city may immediately impound an
abandoned or lost shopping cart on private land within the city with the consent of the party in
possession of the land and may immediately impound an abandoned or lost shopping cart on
public land within the city.
(2) Seizure of shopping carts. Any stolen shopping cart may be seized as part of a criminal
investigation under applicable criminal law. Any shopping cart operated in violation of MLMC
8.06.070 is also subject to seizure.
(3) Notification. The city shall notify the owner of each impounded or seized shopping cart in
writing if the shopping cart has an identification sign as required by MLMC 8.06.030. The
director may establish by rule a process for owners to register a preferred method of notification.
If delivered by U.S. mail, the notice shall be deemed to have been received three days after
mailing.
The notice shall state the amount of the impound or seizure fee and that the owner has 14 days
from the date of receipt to retrieve the shopping cart. The notice shall also state that if the
shopping cart is not retrieved within 14 days, the city may dispose of the shopping cart.
(4) Impound or seizure fee. The city shall charge a shopping cart impound or seizure fee to the
owner of each shopping cart impounded or seized by the city, unless the shopping cart is exempt
from such impound fee under subsection (5) of this section. Each shopping cart impounded or
seized by the city shall constitute a separate violation. The shopping cart impound fee shall be
per the fee schedule maintained by the city clerk.
(5) Fee exemption. Impounded or seized shopping carts shall be exempt from the impound or
seizure fee if the owner of the shopping cart, prior to the impoundment, has implemented
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 2 of 18
Page 3 of 18
security measures as defined in MLMC 8.06.050, and the shopping cart is compliant with the
identification sign requirement of MLMC 8.06.030.
8.06.050 Security measures.
(1) Security measures are methods to prevent removal of shopping carts from or to return them to
the premises of the retail establishment including, but not limited to:
(a) Electronically activated self-braking wheels; or
(b) Poles mounted to shopping carts or other physical barriers that prevent removing the
shopping carts from the interior of the retail establishment; or
(c) Utilization of a shopping cart patrol and retrieval company who recovers shopping
carts on behalf of the retail business within a two-mile radius of the contracting retail
establishment no fewer than two times per week; or
(d) Security personnel dedicated to cart control and retention and securing all shopping
carts within a secured enclosure or building when the retail establishment is closed; or
(e) Other measures deemed appropriate and effective by the director.
8.06.060 Disposition of unclaimed shopping carts.
The city may summarily dispose of shopping carts impounded by the city that are either not
retrieved within 14 days following the receipt of notification or without an identification sign. If
the city disposes of a shopping cart, the city may assess the owner with a disposal fee in addition
to the impoundment fee. The shopping cart disposal fee shall be per the fee schedule maintained
by the city clerk.
8.06.070 Operation of shopping cart on public right-of-way.
It is a C-9 civil infraction under MLMC to push, pull, possess or otherwise operate a shopping
cart on a public right-of-way.
Section 2. Amended. Moses Lake Municipal Code Chapter 9.18 titled “Camping” is hereby
amended to read as follows:
Chapter 9.18
CAMPING
Sections:
9.18.010 Findings.
9.18.020 Purpose.
9.18.030 Definitions.
9.18.040 Unlawful Camping on Public Property.
9.18.045 Camping on Private Property.
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 3 of 18
Page 4 of 18
9.18.050 Unlawful Storage of Personal Property in Public Places.
9.18.060 Vehicles Used as a Residence.
9.18.070 Unlawful Use of Fires.
9.18.080 Unlawful Environmental Damage to Public Property.
9.18.090 Unlawful Camp – Removal.
9.18.100 Penalty for Violations.
9.18.110 Enforcement Suspended.
9.18.120 Public Duty Created.
9.18.130 Severability.
9.18.010 Findings:
People camping on public property and on public rights-of-way create a public health and safety
hazard due to the lack of proper electrical and/or sanitary facilities. People without proper sanitary
facilities have openly urinated, defecated, and littered on public property and on the public rights-of-
way. Use of public property for camping purposes or storage of personal property interferes with the
rights of others to use the areas for which they were intended and creates public health and safety
dangers to the City’s sensitive ecological areas, including the City’s water sources, through illegal
dumping and improper disposal of human waste. People cooking with open flames while camping or
habitating outside endanger the lives and property of those nearby through uncontrolled fire.
9.18.020 Purpose:
It is the purpose of this chapter to promote the public health, general welfare, environmental health,
economic health, and safety of the City by keeping public rights-of-way and other public property
within the City safe and readily accessible to the public.
It is the purpose of this chapter to prevent the harm to public property caused by the activities of
unlawful camping; unlawful storing of camp facilities; unlawful fires; littering; and altering or
damaging the natural environment such as diverting water, removing vegetation, and excavation.
Camping on public property – erecting and occupying camp facilities for the purpose of facilitating
occupation, habitation, or residing in a location – that is not designated as an area for camping creates
dangerous public health and safety concerns for those experiencing homelessness, the general public,
City employees, and first responders. These activities foster unsanitary conditions, damage the natural
environment and critical areas, and interfere with the rights of others to use public property for the
purposes for which they were intended.
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 4 of 18
Page 5 of 18
9.18.030 Definitions:
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.
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 5 of 18
Page 6 of 18
“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.
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 6 of 18
Page 7 of 18
“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.
9.18.040 Unlawful Camping on Public Property:
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 7 of 18
Page 8 of 18
A. At any time, it shall be unlawful for any person to camp, occupy camp facilities for purposes of
habitation, or use camp paraphernalia in the following areas, except as otherwise permitted by the
Moses Lake Municipal Code:
1. Any park;
2. Any street;
3. Any publicly owned or maintained parking lot or other publicly owned or maintained area,
whether improved or unimproved; or
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.
B. At any time, it shall be unlawful for any person to occupy a vehicle for the purpose of camping
while that vehicle is parked in the following areas, except as otherwise permitted by the Moses Lake
Municipal Code:
1. Any park;
2. Any street;
3. Any publicly owned or maintained parking lot or other publicly owned or maintained area,
improved or unimproved; or
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.
C. In addition to other remedies provided by law, including, but not limited to, the penalty provisions
of this chapter, any violation of this section is hereby declared to be a public nuisance. The City may
abate any such nuisance as provided in Chapter 1.20, including a summary abatement.
No citation shall be issued for a violation of this section if the person identified as the owner of the
camp facilities immediately removes the camp facilities upon request and has not been previously
contacted by City enforcement officials.
9.18.045 Camping on Private Property:
1. Camping is prohibited on private property without the owner’s express consent.
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 8 of 18
Page 9 of 18
2. Camping is prohibited on private property if there are no sanitation or refuse facilities
provided by the property owner or lawful tenant. Sanitation facilities can include access to indoor
facilities of the primary residence; refuse facilities can include access to the refuse containers of the
primary residence.
3. Camping is prohibited on private property for more than seven consecutive days and for
more than 30 days in any twelve consecutive month period.
4. “Camping on private property” for purposes of this section does not include camping in
legally established campgrounds, recreational vehicle parks, or similarly authorized land uses which
permit recreational camping.
5. Verification is required prior to enforcement of this section.
9.18.050 Unlawful Storage of Personal Property in Public Places:
At any time, it shall be unlawful for any person to store personal property, including camp facilities
(other than vehicles) and camp paraphernalia, in the following areas, except as otherwise permitted by
the Moses Lake Municipal Code:
A. Any park;
B. Any street;
C. Any publicly owned or maintained parking lot or publicly owned or maintained area, improved or
unimproved; or
D. 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.
No citation shall be issued for a violation of this section if the person identified as the owner of the
personal property immediately removes the personal property upon request and has not been
previously contacted by City enforcement officials
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 9 of 18
Page 10 of 18
9.18.060 Vehicles Used as a Residence:
A. All vehicles parked on City streets shall abide by the parking rules and regulations of the City,
including, but not limited to, Chapter 10.12.
B. Vehicles shall not be used for residential purposes in any parking lot or other public property,
improved or unimproved, except as provided in subsection C of this section.
C. The City Council is authorized to designate areas on public property where vehicles may be used
for temporary residential purposes; provided, that such areas have adequate facilities as determined by
the City Council to accommodate such vehicles. The City Manager is authorized to promulgate rules
and regulations regarding the use of areas designated for temporary residential use by vehicles.
D. In addition to other remedies provided by law, including, but not limited to, the penalty provision
of this chapter, use of a vehicle in violation of this section is hereby declared to be a public nuisance.
The City may abate any such nuisance as provided in Chapter 1.20.
9.18.070 Unlawful Use of Fires:
It shall be unlawful for any person to build any fire or maintain open flames for any purpose on public
property except in designated areas in parks when parks are open.
9.18.080 Unlawful Environmental Damage to Public Property:
It shall be unlawful for any person to do the following on public property, unless expressly permitted
or otherwise authorized by the City:
A. Dump, throw, deposit or discharge any pollutant;
B. Deposit urine or feces into or onto a place other than a receptacle intended for the deposit of urine
or feces;
C. Destroy or alter vegetation through cutting, clearing, grading, or harvesting;
D. Construct or create trails not expressly authorized by the City, or damage existing City trails;
E. Remove or excavate soil, sand, gravel, minerals, or organic matter of any kind; provided it shall
not be unlawful to do so at a public park in areas intended or designated for digging as a form of
recreation;
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 10 of 18
Page 11 of 18
F. Drain or increase the water level of a body of water, river, creek or stream, or divert or impede
water flow of any river, creek or stream; or
G. Disturb wildlife dens, burrows, or nests.
9.18.090 Unlawful Camp – Removal:
Upon a determination by the City that a camp has been established on public property in violation of
this chapter, camp facilities, and all other personal property, contraband, and pollutants shall be
removed subject to the following provisions:
A. Immediate Removal of Unlawful Camp. If an unlawful camp is on public property described in
Section 9.18.040, the City may immediately and without prior notice remove any personal property,
camp facilities, and all other property, contraband, pollutants, and waste and store it or dispose of it as
set forth in subsection B of this section; provided, the owner shall be provided an opportunity to
immediately remove the property if present or if they arrive during the removal of the property.
B. Removal of Unlawful Camp Following Posted Notice. For all other unlawful camps on public or
private property, the following shall occur:
1. At least seventy-two (72) hours before the removal of the camp facilities and personal
property, the City will post a notice to remove property containing:
a. The address or location of the unauthorized encampment, unlawful storage, or unlawful
camp, and the requirement to remove the camp facilities and personal property within the
designated time period.
b. Information on the process individuals camping or storing personal property within the
camp area may use to petition for additional time to leave the camp area and remove their
property.
c. Information regarding the availability of assistance from social services and available
overnight shelter options.
d. A statement that any personal property, camping paraphernalia, camp facilities, and all
other property, contraband, litter, and solid waste remaining after the notice period is subject
to removal and, as may be applicable, temporary storage by the City.
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 11 of 18
Page 12 of 18
2. If the camp facilities and personal property, contraband, pollutants, and waste remain at the
end of the notice period set forth in subsection (B)(1) of this section, it may be removed by the
City; provided, the owner shall be provided an opportunity to immediately remove the property if
they arrive during the City’s removal of the property and do not unreasonably delay the City’s
removal of the property.
a. Any personal property that is removed shall be stored by the City for at least sixty (60)
days prior to being disposed.
b. Notice of where personal property removed from the encampment may be claimed shall
be posted at the location.
c. If the name and contact information for the owner of a particular item of personal
property can reasonably be identified, the City shall attempt to contact the identified owner
and provide notice that the item has been removed and how to claim the item.
d. Any contraband located at the area shall be seized and properly disposed or retained as
evidence of criminal activity.
e. Any litter or solid waste found at the area shall be properly disposed.
f. The City will attempt to determine the owner of any property of obvious value (e.g., items
needed for survival such as blankets and clothing, legal documents, personal papers,
government identification, labeled medications), will arrange for storage of the property, and
will attempt to provide notice to the owner of the property as to how they may claim the
property.
g. The City will not store property that it has reasonable grounds to believe is stolen or
illegal to own or possess, nor shall the City be required to store property that is hazardous to
health or safety, perishable, or of no apparent value.
3. If the unlawful camp is on private property, the City will first contact the property owner or lawful
tenant to notify them of the unlawful activity, verify that the activity is without express permission,
and obtain permission for entry onto the property for removal of the unlawful camp.
C. Any individual who receives a notice under this section, or whose property is removed from an
area pursuant to this section, has a right to meet with the City Manager or designee to raise any
concerns, objections, or extenuating circumstances. At the conclusion of the meeting, a City
representative present for the meeting shall prepare a written decision detailing the individual’s
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 12 of 18
Page 13 of 18
concerns, as well as the City’s response. Notice and procedure to set up a meeting shall be posted at or
near the encampment site. If an individual requests a meeting prior to removal of property, the
removal of the individual’s property shall be stayed pending resolution of the meeting; provided, that
removal may still occur if the personal property, camping paraphernalia, camp facilities, or other
property, contraband, litter, and solid waste constitutes an immediate threat to the public health, safety,
or welfare.
D. Alternative Resources. In the enforcement of this chapter, the city shall provide information on
available social services and shelter options to individuals found in violation. Peace officers shall
have discretion to direct violators of this section to resources providing social services, including, but
not limited to, mental health resources, drug treatment resources, and/or housing placement programs.
9.18.095 Identification of Emphasis Area:
The City may identify a specific area as an Emphasis Area.
a. An area may not be identified as an Emphasis Area and enforcement of an Emphasis Area
shall not commence until an encampment or obstruction removal has occurred, the area is
otherwise free of encampments, and the area has been signed as an Emphasis Area.
b. If an area has been designated an Emphasis Area, the area will be inspected by the City at
least once per week. The area will be signed. The signage shall identify:
(i) The location of the Emphasis Area;
(ii) Camping is prohibited in the Emphasis Area;
(iii) Any camping material and/or storage of personal property found in the Emphasis
Area may be removed without further notice;
(iv) Where any personal property removed is stored; and
(v) How any stored personal property may be claimed by its owner.
c. Individuals camping in an Emphasis Area and their encampment associated personal
property may be removed immediately as outlined in MLMC 9.18.090(B).
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 13 of 18
Page 14 of 18
9.18.100 Penalty for Violations:
Any person violating any of the provisions of this chapter shall be deemed to have committed a civil
infraction and shall be subject to the following penalties as set forth in Chapter 1.08:
First violation within a twelve (12) month period C-21 penalty
Second and subsequent violation within a twelve
(12) month period
C-18 penalty
Each and every day, or portion thereof, that the violation continues shall constitute a separate
violation.
9.18.110 Enforcement Suspended:
A. In the event the City suspends enforcement of this Chapter, 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.
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 14 of 18
Page 15 of 18
B. Nothing in this chapter shall preclude enforcement of any other federal, state, or local laws.
9.18.120 Public Duty Created:
A. It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare
of the general public and not to create or otherwise establish or designate any particular class or group
of persons or individual who will or should be especially protected or benefited by the terms of this
chapter.
B. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of
any liability on the part of the City, or its officers, employees or agents, for any injury or damage
resulting from any action or inaction on the part of the City related in any manner to the enforcement
of this chapter by its officers, employees, or agents.
9.18.130 Severability:
If any portion of this chapter, or its application to any person or circumstances, is held invalid, the
validity of the chapter as a whole, or any other portion thereof, or the application of the provision to
other persons or circumstances is not affected.
Section 3. Created. A new chapter 9.20 of the Moses Lake Municipal Code is created titled
“Sitting or Lying on Public Sidewalks in Downtown and Neighborhood Commercial Zones” as
follows:
Chapter 9.20
SITTING OR LYING ON PUBLIC SIDEWALKS IN DOWNTOWN AND
NEIGHBORHOOD COMMERCIAL ZONES
Sections:
9.20.010 Prohibition.
9.20.020 Exceptions.
9.20.030 Notice.
9.20.040 Penalty.
9.20.010 Prohibition. No person shall sit or lie down upon a public sidewalk, or upon a blanket,
chair, stool or any other object placed upon a public sidewalk, during the hours of 7:00 a.m. and
10:00 p.m. in the following zones:
A. Downtown zone, defined as both sides of the roadway:
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 15 of 18
Page 16 of 18
E. Broadway Ave from Highway 17 to W. Third Ave Intersection, including intersection
E. Third Ave from E. Broadway Ave to W. Broadway Ave intersection, including
intersection
Pioneer from Olive to E. Broadway intersection
Fourth Ave from NE side of Balsam intersection to SW side of Dogwood intersection
N. Block St from E. Broadway to SE side of Fifth Ave intersection
N. Fig St from NW side of E. Broadway Ave intersection to SE side of Fifth Ave
intersection
N. Elder St from E Broadway to SE side of Fifth Ave intersection
N. Date Street from E. Commercial Ave to E. Third Ave
S. Chestnut St from E. Third to Civic Center Park
S. Balsam St from E. Broadway Ave to E. Fifth St
S. Alder St. from E. Broadway Ave to E. Fifth St
S. Division St from E Broadway Ave to Fifth St
S. Ash from NW beginning point near Neppel Park to W. Fifth St
S. Beech from NW beginning point near Activity Trail to W. Fifth St.
S. Cedar St. from NW beginning point near Activity Trail to W. Fourth Ave
Dogwood St from NW beginning point near Activity Trail to W. Fourth Ave
S. Elm entire length
S. Fir entire length
S. Gumwood from W. Broadway to W. Fourth Ave
Holly St entire length
N. Stratford from E. Broadway up to Highway 17 overpass
E. Fifth Ave from N. Block to S. Pioneer, and from S. Pioneer
Any alleys connecting the above streets.
B. Neighborhood commercial zones, defined as the following areas:
Areas immediately adjacent to the downtown zone described above, specifically:
S. Beech Street, S. Ash Street, Division St to Seventh Ave, S. Alder St, S. Balsam St, S.
Chestnut St., E. Walnut St., Seventh Ave, and any alleys connecting the listed streets.
9.20.020 Exceptions.
A. Sitting or lying on a public sidewalk due to a medical emergency; or
B. Any person(s) who, because of a disability, utilizes a wheelchair, walker, or similar
device to move about the public sidewalk; or
C. Operating or patronizing a commercial establishment conducted on the public
sidewalk pursuant to a street use permit; or a person participating in or attending a parade,
festival, performance, rally, demonstration, meeting, or similar event conducted on the public
sidewalk pursuant to a street use or other applicable permit; or
D. Sitting on a public sidewalk within a bus stop zone while waiting for public or
private transportation; or
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 16 of 18
Page 17 of 18
E. Sitting on a chair or bench located on the public sidewalk, which is supplied by the
city of Moses Lake or an abutting private property owner.
F. Sitting on a public sidewalk for the purpose of participating in or watching a special
event, such as a parade, tournament, downtown celebration, or similar event.
9.20.030 Notice.
No person will be cited under this chapter unless the person engages in conduct prohibited by
this chapter after having been notified by a city of Moses Lake police officer that the conduct
violates this chapter.
9.20.040 Penalty.
Any person violating any of the provisions of this chapter shall be deemed to have committed a
civil infraction and shall be subject to the following penalties as set forth in Chapter 1.08:
violation within a twelve (12) month period C-21 penalty
Second and subsequent violation within a twelve (12) month period C-18 penalty
Each day, or portion thereof, that the violation continues shall constitute a separate violation.
Section 4. Severability. The provisions of this ordinance are declared to be separate and severable. If
any clause, sentence, paragraph, subdivision, section, subsection or portion of this ordinance, or the
application thereof to any person or circumstance, is held to be invalid, it shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons or circumstances.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized by the Moses
Lake City Council to make necessary clerical corrections to this ordinance including, but not limited to,
the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection
numbers, and any references thereto which do not change the substantive meaning of the ordinance.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage
and publication of its summary as provided by law.
ADOPTED by the City Council of the City of Moses Lake, Washington and signed by its Mayor
on July 22, 2025.
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 17 of 18
Page 18 of 18
________________________________________
Dustin Swartz, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Debbie Burke, City Clerk Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Lombardi Skaug
Vote:Aye Aye Aye Aye Aye Aye Aye
Date Published: July 28, 2025
Date Effective: August 2, 2025
Document Ref: KXO2B-QG9WG-SWJPB-VFZTS Page 18 of 18
REF. NUMBER
KXO2B-QG9WG-SWJPB-VFZTS
DOCUMENT COMPLETED BY ALL PARTIES ON
28 JUL 2025 15:36:19 UTC
SIGNER TIMESTAMP SIGNATURE
MAYOR DUSTIN SWARTZ
EMAIL
DSWARTZ@CITYOFML.COM
SHARED VIA
LINK
SENT
23 JUL 2025 20:33:22 UTC
VIEWED
25 JUL 2025 18:02:41 UTC
SIGNED
25 JUL 2025 18:03:17 UTC
IP ADDRESS74.82.240.250
LOCATION
MOSES LAKE, UNITED STATES
KATHERINE KENISON
EMAIL
KKENISON@BASINLAW.COM
SENT
23 JUL 2025 20:33:22 UTC
VIEWED
25 JUL 2025 18:11:17 UTC
SIGNED
27 JUL 2025 19:04:11 UTC
IP ADDRESS
74.209.9.35
LOCATIONELLENSBURG, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
27 JUL 2025 19:03:57 UTC
Signed with PandaDoc PAGE 1 OF 2
REF. NUMBER
KXO2B-QG9WG-SWJPB-VFZTS
DOCUMENT COMPLETED BY ALL PARTIES ON
28 JUL 2025 15:36:19 UTC
SIGNER TIMESTAMP SIGNATURE
DEBBIE BURKE
EMAIL
DBURKE@CITYOFML.COM
SENT
23 JUL 2025 20:33:22 UTC
VIEWED
28 JUL 2025 15:33:37 UTC
SIGNED
28 JUL 2025 15:36:19 UTC
IP ADDRESS
63.135.54.162
LOCATION
MOSES LAKE, UNITED STATES
RECIPIENT VERIFICATION
EMAIL VERIFIED
28 JUL 2025 15:33:37 UTC
Signed with PandaDoc PAGE 2 OF 2