3061 Camping Enforcement SuspendedORDINANCE NO. 3061
AN ORDINANCE AMENDING MOSES LAKE
MUNICIPAL CODE CHAPTER 9.118.110
“ENFORCEMENT SUSPENDED”
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS
FOLLOWS:
Section 1. Section 9.18.110 of the Moses Lake Municipal Code titled “Enforcement
Suspended” is amended as follows:
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
Document Ref: PU4BV-CHTWW-AFWT9-QJ9WZ Page 1 of 3
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. B. Nothing in this chapter shall preclude enforcement of any other
federal, state, or local laws.
Section 2. 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.
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Section 3. 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 4. 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 November 26, 2024.
____________________________________
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: December 3, 2024
Date Effective: December 8, 2024
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Signature Certificate
Reference number: PU4BV-CHTWW-AFWT9-QJ9WZ
Document completed by all parties on:
18 Dec 2024 16:03:20 UTC
Page 1 of 1
Signer Timestamp Signature
Katherine Kenison
Email: kkenison@basinlaw.com
Recipient Verification:
Sent:10 Dec 2024 23:56:03 UTC
Viewed:11 Dec 2024 19:25:49 UTC
Signed:11 Dec 2024 19:25:59 UTC
✔Email verified 11 Dec 2024 19:25:49 UTC
IP address: 173.209.171.7
Location: Moses Lake, United States
Debbie Burke
Email: dburke@cityofml.com
Recipient Verification:
Sent:10 Dec 2024 23:56:03 UTC
Viewed:16 Dec 2024 19:41:31 UTC
Signed:16 Dec 2024 19:41:39 UTC
✔Email verified 16 Dec 2024 19:41:31 UTC
IP address: 63.135.54.162
Location: Moses Lake, United States
Mayor Dustin Swartz
Email: dswartz@cityofml.com
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Sent:10 Dec 2024 23:56:03 UTC
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