HomeMy WebLinkAbout3090 Shop Cart and Camp AmendORDINANCE NO. 3090
AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, AMENDING
SECTIONS OF CHAPTERS 8.06 TITLED “SHOPPING CARTS”, CHAPTERS 9.18
TITLED “CAMPING”, CHAPTERS 9.20 TITLED “SITTING OR LYING ON PUBLIC
SIDEWALKS IN DOWNTOWN AND COMMERCIAL DESIGNATED AREAS”, AND
CHAPTERS 10.36 TITLED “IMPOUND OF ABANDONED, UNAUTHORIZED, AND
JUNK VEHICLES” OF THE MOSES LAKE MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Amended. Moses Lake Municipal Code Section 8.06.040 titled “Impoundment and
Fees” is hereby amended to read as follows:
8.06.040 Impoundment and Fees:
A. 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.
B. 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 Section 8.06.070 is also subject
to seizure.
C. 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 Section 8.06.030. The City Manager or
designee 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 (3) days
after mailing.
The notice shall state the amount of the impound or seizure fee and that the owner has fourteen (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 fourteen (14) days, the City may dispose of the shopping cart.
D. 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 E 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.
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E. 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 security measures as
defined in Section 8.06.050, and the shopping cart is compliant with the identification sign requirement of
Section 8.06.030. (Ord. 3072, 2025)
Section 2. Amended. Moses Lake Municipal Code Section 9.18.030 titled “Definitions” and
Section 9.18.090 titled “Unlawful Camp - Removal” are hereby amended to read as follows:
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.
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“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.
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“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. 3072, 2025; Ord. 3028, 5/23/23; Ord. 2921, 4/9/19)
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
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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.
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.
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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 at
owners expense. Potential assistance may be available at the City Managers discretion.
4. 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.
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 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 se ction to resources providing social services, including, but not
limited to, mental health resources, drug treatment resources, and/or housing placement programs. (Ord.
3072, 2025; Ord. 3028, 5/23/23)
Section 3. Amended. Moses Lake Municipal Code Section 9.20.010 titled “Prohibitions” is
hereby amended to read as follows:
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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. to 10:00 p.m. in the following zones:
A. Downtown zone, defined as both sides of the roadway:
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 northeast side of Balsam intersection to southwest side of Dogwood intersection;
N. Block St. from E. Broadway to southeast side of Fifth Ave. intersection;
N. Fig St. from northwest side of E. Broadway Ave. intersection to southeast side of Fifth Ave.
intersection;
N. Elder St. from E. Broadway to southeast side of Fifth Ave. intersection;
N. Date St. 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 N.W. beginning point near Neppel Park to W. Fifth St.;
S. Beech from northwest beginning point near Activity Trail to W. Fifth St.;
S. Cedar St. from northwest beginning point near Activity Trail to W. Fourth Ave.;
Dogwood St. from northwest 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;
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N. Stratford from E. Broadway up to Highway 17 overpass;
E. Fifth Ave. from N. Block to S. Pioneer, and from S. Pioneer
E. Wheeler Rd. from S. Pioneer Way to East Side of intersection with S Buchanan St.
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 St., S. Ash St., 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. (Ord. 3072, 2025)
Section 4. Amended. Moses Lake Municipal Code Section 10.36.040 titled “Additional Impound
Situations” is hereby amended to read as follows:
10.36.040 Additional Impound Situations:
A. In addition to any other provision of law or ordinance authorizing impound of vehicles, a law
enforcement officer may provide for the prompt removal of a vehicle to a place of safety, including
authorizing its summary impoundment, in any of the following situations that may arise locally upon the
public right-of-way or other publicly owned or controlled property:
1. The vehicle is stopped, standing, or parked in violation of Sections 8.52.040, 10.12.020,
10.12.025, 10.12.035, 10.12.037, 10.12.038, 10.12.040, 10.12.045, 10.12.050, 10.12.060, 10.12.070,
10.14.050, 10.16.010, 10.16.015, 10.16.020, and 12.36.040(B)(5) and (B)(9);
2. The vehicle is parked in a public parking lot or facility posted in accordance with RCW
46.55.070 exceeding the period posted;
3. The vehicle is parked in a public parking lot or facility other than one posted in accordance with
RCW 46.55.070 exceeding twenty-four (24) consecutive hours;
4. The vehicle is stopped, standing, or parked in a public right-of-way at a location posted “no
parking” pursuant to Section 10.12.030; or
5. The vehicle is parked in violation of any City ordinance, and has been issued three (3) or more
notices for traffic infractions under Title 10, none of which have been responded to in accordance
with Section 10.12.090 and remain in default.
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6. The vehicle is being used for camping in violation of 9.18 on any city street, public right-of-way
or public lot.
B. Vehicles impounded pursuant to this section shall be subject to the same redemption rights and
hearing procedures of RCW 46.55.120; provided, that any hearing specified in RCW 46.55.120(2) shall
be conducted by an administrative hearing officer instead of the Moses Lake Municipal Department of the
Grant County District Court as authorized by Section 10.36.060.
C. If the vehicle is impounded and stored at a publicly owned or controlled property, as described in
subsection (D)(3) of this section, then the City, and not the tow truck operator, must provide any written
notices required by RCW 46.55.110(1) and (3), and 46.55.120(2), and maintain any records stated therein.
D. For purposes of this section, “a place of safety” means:
1. The business location of a registered tow truck operator;
2. A lawful parking location; or
3. A publicly owned or controlled property that is an area completely enclosed by a fence that is at
least six (6) feet high, and constructed to prevent access by the general public, with a gate that can be
locked, or storage within an enclosed building. (Ord. 3027, 5/23/23)
Section 5. 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 6. 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 7. 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 December 9, 2025.
____________________________________
Dustin Swartz, Mayor
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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: December 15, 2025
Date Effective: December 20, 2025
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REF. NUMBER
EZC75-WT7G7-3MZ9Z-PBAVF
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MAYOR DUSTIN SWARTZ
EMAIL
DSWARTZ@CITYOFML.COM
SENT
12 DEC 2025 01:16:34
VIEWED
12 DEC 2025 01:32:21
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12 DEC 2025 01:32:40
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104.193.239.74
LOCATION
MOSES LAKE, UNITED STATES
RECIPIENT VERIFICATION
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DEBBIE BURKE
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VIEWED
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SIGNED
12 DEC 2025 16:52:20
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63.135.54.162
LOCATION
MOSES LAKE, UNITED STATES
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DOCUMENT COMPLETED BY ALL PARTIES ON
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SIGNER TIMESTAMP SIGNATURE
KATHERINE KENISON
EMAIL
KKENISON@BASINLAW.COM
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12 DEC 2025 01:16:34
VIEWED
12 DEC 2025 20:22:26
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