Tumwater delays decision on code on nighttime loitering on city property
The Tumwater City Council voted unanimously Tuesday to postpone their conversation on an update to a code that would have allowed unhoused people to sleep in public parks in extreme situations. The council delayed the vote due to the lack of proper public notice.
The council was scheduled to talk about Tumwater Municipal Code 12.32, which establishes rules and regulations for the city’s public parks. Staff recommended extending the rules to all city-owned properties and facilities, which would restrict activities such as archery, advertising, dogs, fires, horseback riding, and loitering or parking at night.
The amendments to the code include a new section that addresses times when the city would be required by law to suspend enforcement of the nighttime loitering ban for unhoused people when there’s no available space in reasonably accessible shelters.
According to council documents, the nighttime loitering detail has created “significant concern among community members worried about impacts to neighborhoods, to public health and safety, and to parks operations.”
Since the code amendments were first considered in November, city staff conducted neighborhood outreach and a public community conversation that more than 100 people attended. Now the council has a number of potential alternatives to the proposed amendments it could vote on.
Potential alternatives
The council could vote to adopt the proposed amendments as currently written, or not adopt any at all. It could also adopt them without the nighttime loitering section.
One more option would be to modify the nighttime loitering section to include some parameters. It would be included that at all times, regardless of the availability of shelter space or beds, it’s unlawful to camp or store personal property, including tents and camp paraphernalia, at any time in areas where it would pose a substantial danger to any person, is a risk to public health or safety, or disrupts vital government services.
It’s already unlawful at all times to do so on conservation lands, environmentally sensitive and geologically hazardous areas, as well as natural areas abutting rivers, streams, creeks and tributaries.
Lastly, the section would include it’s unlawful to camp or store personal property, tents and camp paraphernalia within 1,000 feet of a park, daycare center or childcare facility, as well as public and private schools.
Conversation postponed
City Administrator Lisa Parks said the topic was postponed until a future work session, likely April 9, because staff realized the proper email, social media and website notices hadn’t been sent out as planned.
“The item could have been addressed because it was properly noticed according to our minimum requirements, and the council rules outline a practice of not taking public comment nor taking any substantive action at work sessions,” she said. “However, the Council has committed to providing the extra notice, and they wanted to honor that commitment.”
Parks said the proposed amendments will come back to council at their work session before being discussed during a regular meeting where people can provide public comment. The next regular meeting is scheduled for April 16.
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