HomeMy WebLinkAbout1000-01D c,y of
oQ O ',; POLICY & PROCEDURE
Subject: Index: Legal
REMOVAL OF GARBAGE AND Number: 1000-01
TEMPORARY SHELTERS AND CAMPSITES
ON PUBLIC PROPERTY, TRESPASS ON
PUBLIC PROPERTY, NOTICE OF INTENT
TO SEIZE UNATTENDED PROPERTY LEFT
ON PUBLIC LAND, AND NOTICE FOR
RETRIEVAL OF PROPERTY
Effective Date: Supersedes: Page: Staff Contact: Approved .
11/15/2013 n/a 1 of 9 Lawrence J. Warren
1.0 PURPOSE:
The City of Renton receives complaints from citizens, businesses and others which
relate to the health, safety and welfare arising in and around areas in which individuals
have erected temporary shelters on public land in City owned parks, trails, or public
open space areas, consisting of non-developed natural physical areas, including but not
limited to natural areas and wetlands.
The City of Renton hereby sets forth its policies and procedures for removing temporary
shelters on public property and removing garbage, litter and waste to protect the public
health, safety and welfare of its residents. Further, the City expresses its intention to
implement these policies in a manner which balances the needs and rights of all its
citizens, including the residents of temporary shelters and to recognize the
constitutional rights of all its citizens to their attended or unattended or unabandoned
personal property and possessions left on public land.
2.0 ORGANIZATIONS AFFECTED:
All departments/divisions.
3.0 REFERENCES:
RCW Chapter 9A.52;
RCW Chapter 63.21;
RCW Chapter 63.32;
RMC Chapter 1-3;
RMC Chapter 2-9;
RMC Chapter 6-10;
RMC Chapter 6-14;
RMC Chapter 8-1;
Removal of garbage and temporary shelters and campsites on public property,trespass on public property, notice
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Washington State Constitution;
Art. 1, Sec. 3, United States Constitution;
Fourth Amendment and Fourteenth Amendment
4.0 POLICY:
It is the policy of the City of Renton to respond to complaints and concerns arising from
the erection of temporary shelters and campsites in parks and upon public property,
and the accumulation of garbage, litter and waste at such locations, and for public
health and safety, and which recognizes and respects a person's fundamental right to
personal property, all in a manner which complies with applicable state and federal
laws. This policy does not establish any individual right to erect temporary shelters or
otherwise encroach upon public or private property.
5.0 DEFINITIONS:
5.1 "Park" shall include the following areas, facilities and buildings owned,
operated, maintained or managed by the City of Renton: parks, trails, open
space areas (a non-developed physical area, including but not limited to natural
areas and wetlands), the Maplewood Golf Course, and recreation buildings.
5.2 "Public buildings and property" includes any and all public building or facilities,
restrooms, or real property owned by the City of Renton.
5.3 "Temporary shelter" includes any structure, whether made from cardboard,
wood, canvas, branches, rocks, a tent or camping equipment, or any other
natural or artificial material, or any combination thereof, for the purpose of
providing shelter for an occupant(s) and which does not comply with City codes
for habitable housing.
5.4 "Trespass or trespassing" shall mean entry into or upon a park or public building
or public property without the permission or consent of the City, or staying in a
public park or in a public building or upon public property, after a lawful request
to leave the park, public building or public property has been made by
authorized City park personnel, or a law enforcement officer or code
enforcement officer.
5.5 "Garbage" is all putrescible and nonputrescible solid and semi-solid waste
resulting from the handling, preparation, cooking and consumption of food,
including but not limited to garbage, rubbish, swill, refuse, trash, debris, ashes,
bulky waste, construction or demolition and land clearing waste, human or
animal excrement or urine, or property or material infested with bacteria,
human or animal excrement or urine, maggots, or other insects, or vermin or
rodents or their feces, and that poses a health hazard.
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5.6 "Hazardous waste" is any wastes included in the State of Washington,
Department of Ecology Dangerous Waste Regulations, Chapter 173-303 WAC.
5.7 "Moderate risk waste" is any waste that exhibits any of the properties of
dangerous or hazardous waste but is exempt from regulation under RCW
Chapter 70.102 solely because the waste is generated in quantities below the
threshold for regulation and any household wastes that are generated from the
disposal of substances identified by the Washington State Department of
Ecology as hazardous household substances.
5.8 "Litter" is garbage, refuse and rubbish as defined herein as garbage, and all
other waste material which, if thrown or deposited on the ground tends to
create a danger to public health, safety and welfare.
5.9 "Person" as used herein means any person or persons.
5.10 "Authorized personnel" shall include any City of Renton agent, contractor,
employee, official, representative, park personnel, law enforcement officer or
code enforcement officer.
5.11 "Administrator" shall mean the Community Services Administrator or his or her
designee.
5.12 "Police ChieY' shall mean the chief law enforcement officer of the City of Renton
or his or her designee.
5.13 "Nuisance" as used herein shall mean any unlawful, unkempt, unsafe,
unsanitary, improperly maintained or constructed shelter or premises, or
properties, or illegal and/or code violating conduct which creates potentially
grave habitability, health, safety, sanitation, or welfare concerns for residents of
the City of Renton, or where such temporary shelter is unfit for human
habitation and is inimical to the health, safety and welfare of the occupants and
residents of the City of Renton.
5.14 "Unattended property or unabandoned property" as used herein means items
of personal property left unattended in a park or public buitding or upon public
property.
5.15 "Abandoned property" means items of personal property left by the owner in a
park or public building or upon public property with the intent to relinquish any
claim or right to the property.
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5.16 "Lost and found property" means items of personal property that a person finds
and that is not unlawful to possess, and for which the owner is unknown, and
which the finder surrenders to the Police Chief or his or her designee, and for
which state law requires that a notice be published within thirty (30) days of
when the personal property was found, unless the value of the property found is
less than the cost of publishing the notice, in which event the Police Chief or his
or her designee shall cause notice to be posted or published in other media or
formats that do not incur expense to the City.
5.17 "Unclaimed property" m ans items of personal property that are in the custody
or possession of the Police Chief or his or her designee, and that remains
unclaimed for a period of sixty (60) days from the date of notice to the owner
thereof, if known, which notice shalt inform the owner of the custody and
possession of the personal property by the Police Chief, unless the personal
property is being held as evidence in any court, the disposition of the personal
property if unclaimed, and the time period that the owner has to claim the
personal property, unless said property is unlawful to possess, and that such
personal property shall be disposed of in accordance with state law.
5.18 "Procedural due process" as used herein means a constitutional method of
providing notice to persons who have left their personal property in parks,
public buildings or upon public property, that such property will be removed by
the City or its employees, agents, contractors, officials, representatives, law
enforcement officers or code enforcement officers, and that such personal
property will be in the custody and possession of the Police Chief or his or her
designee, and may be claimed therefrom in accordance with state law.
5.19 "Claim of entitlement" as used herein means any claim of ownership of
personal property, removed by the City from parks, public buildings or upon
public property, and for which the person making such claim can reasonably
prove ownership or right to possession or control of such property, as required
by state law.
6.0 PROCEDURES:
6.1 Notice or complaints of temporary shelters or campsites upon City-owned
property.
6.1.1 The City of Renton routinely receives notice or complaints of temporary
shelters or campsites located in parks or upon public property,
accompanied with requests to remove garbage, litter and waste from
such locations, as it poses a risk to public health, safety and welfare. A
complaint that is not requesting immediate or urgent law enforcement
intervention due to public safety concerns should be directed to the
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Administrator of the Community Services Department or his or her
designee.
6.1.2 A trespass may occur if a person enters into or remains in a park, public
building or upon public property, after hours of operation or in violation
of RMC 2-9-8 (Park Rules and Regulations), or that is not open to the
public, or after a lawful request to leave the park, public building or
public property by authorized park personnel or a law enforcement
officer or code enforcement officer. tf a trespass is suspected, the
Administrator or his or her designee should contact the Police Chief or
his or her designee to coordinate a response to persons occupying
temporary shelters or campsites in parks or upon public property, to
insure reasonable advance notice of removal of the temporary shelter or
campsite, area clean-up, and removal of garbage, litter and waste, and
the City's intent to seize or remove unattended or unabandoned
personal property, and the means for persons to retrieve or recover their
unattended and unabandoned property from the Police Chief or his or
her designee.
6.1.3 Following investigation of the notice or complaint by the Administrator
or his or her designee, if it is determined that a temporary shelter or
campsite exists in a park or upon public property, and garbage, litter or
waste must be removed from said location, and the area involved is
within 200 feet of an area which contains temporary shelters or
campsites and the unattended or unabandoned personal property of
persons occupying such temporary shelters or campsites, and absent
exigent circumstances such as an immediate threat to public health or
safety, such removal of temporary shelters or campsites or garbage, litter
or waste, shall not occur until at least two (2) days after the posting
and/or service of written notice in a form substantially similar to the
notice attached hereto as Exhibit A. The posting of said notice shall be
affixed to the temporary shelter or campsite or upon a stake located
within fifty (50) feet of the temporary shelter or campsite. If any
occupant of the temporary shelter or campsite is present at the time
notice is posted, a verbal notice shall also be extended by authorized
personnel to the effect that the occupants are trespassing and will have
to vacate and should take their personal property with them. Such
notice shall be posted by authorized personnel of the City's Community
Services Department, as determined by the Administrator or his or her
designee, and a copy of the notice posted and the date and time of
posting said notice shall be recorded and maintained by the City Clerk.
6.1.4 The posting and/or service of the notice referenced in Exhibit A attached
hereto shall be performed in a manner which is reasonably calculated to
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provide effective notice to any persons or occupants of the nearby or
adjacent temporary shelters or campsites. Whenever possible, the
notice shall describe the area subject to removal of temporary shelters
or campsites, removal of garbage, litter and waste, and/or unattended or
unabandoned personal property, as clearly as possible (e.g., the west
side of the 1700 block of Oakesdale Ave and/or by GPS coordinates).
6.1.5 As part of the removal of any garbage, litter and waste from areas of
temporary shelters or campsites, the City of Renton shall not destroy any
unattended or unabandoned personal property which appears to be the
property of any person. Personal property may include, but is not
limited to clothing, shoes, jackets, tents, sleeping bags, bed rolls,
blankets, backpacks, duffel bags, bicycles, tools, watches, jewelry, audio
and video equipment, medications, medical records, toiletries,
eyeglasses, pursues, handbags, personal papers, equipment,
photographs, books, baby strollers, or carts.
6.1.6 Garbage, litter and waste shall be removed from temporary shelters and
campsites, and deposited by the City into an appropriate solid waste
landfill suitable for receiving such items. Clothing, shoes, jackets, tents,
sleeping bags, bed rolls, blankets, backpacks, or duffel bags or personat
property, which are infested with bacteria from human or animal
excrement or urine, maggots, or other insects, or vermin or rodents, or
their feces, or that pose a health hazard shall be disposed of as garbage,
litter and waste. Personal property that is unattended does not
necessarily mean that it has been discarded or abandoned by the owner.
When there is reasonable doubt whether the property is garbage, litter
or waste, or is valuable personal property, the City shall resolve the issue
in favor of the conclusion that the property is valuable and it shall not be
disposed of as garbage, litter or waste, but shall be secured and placed in
the custody and possession of the Police Chief or his or her designee, in
accordance with state law.
6.1.7 For purposes of this policy, wooden pallets shall be treated as garbage,
litter or waste which may be recycled following removal from parks or
other public property.
6.1.8 In situations when the City receives complaints regarding alleged criminal
activity at temporary shelters or campsites located in a park, or public
buildings, or other public property, including but not limited to nuisance,
trespass, drug sales and use, prostitution, assault and the accumulation
of garbage, litter and waste, the police department will respond to and
handle the situation in accordance with current policy of the Renton
Police Department.
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6.1.9 If the City is informed by a person or occupant residing in a temporary
shelter or campsite located in a park or upon public property that the
person is the owner of the personal property, or is the person with a
claim of entitlement to ownership, and the owner wishes to relinquish
any claim or right to the property, then said personal property shall be
deemed to be abandoned property within the meaning of this policy, and
may be disposed of in accordance with state law.
6.1.10 Any unattended or unabandoned personal property removed during the
clean-up or removal of temporary shelters or campsites in parks or upon
public property, and which property is placed into the custody and
possession of the Police Chief or his or her designee, and which is not
claimed within the statutory time period provided by law, then such
unclaimed property may be disposed of by the City after proper notice as
provided by state law. When unattended or unabandoned property
comes into the possession and custody of the Police Chief or his or her
designee, then unless the property is unlawful to possess or is being held
as evidence in any court, a person with a claim of entitlement may file a
claim with the Police Chief or his or her designee to retrieve said
personal property in accordance with state law.
6.1.11 Any notice for removal of temporary shelters or campsites, including
removal of any unattended or unabandoned personal property in
connection therewith, and removal of garbage, litter or waste, in
addition to the notice set forth in subsections 6.1.3 and 6.1.4 above, shall
also be served by hand delivery, facsimile or electronic mail on social
service organizations located within the City that assist residents of
temporary shelters or campsites, as identified by the Community
Services Department and so designated to receive such notice by the
Administrator or his or her designee. The purpose for providing notice to
such social service organizations is to assist residents in reclaiming their
unattended and unabandoned property from the Police Chief at no cost
to said residents, and to provide notice which is reasonably calculated to
provide effective notice to residents of temporary shelters and campsites
in parks or upon public property, so such residents may reclaim their
personal property.
6.2 Notice or complaints of temporary shelters or campsites upon private property
or public property not owned by the City.
6.2.1 In situations when the City receives complaints regarding alleged criminal
activity at temporary shelters or campsites located on private property,
including but not limited to nuisance, trespass, drug sales and use,
prostitution, assault and the accumulation of garbage, litter and waste,
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the police department will respond to and handle the situation in
accordance with current policy of the Renton Police Department.
6.2.2 The City shall not respond to requests from private property owners, or
owners of public property not owned by the City, to use City resources to
remove garbage, litter or waste, or illegal temporary shelters or
campsites from the owners' private real property or public property not
owned by the City. The responsibility for maintaining private real
property or public property not owned by the City, free from garbage,
litter or waste as required by RMC Chapter 6-14, and RMC Chapter 8-1,
or free from nuisances as required by RMC Chapter 1-3, shall be with the
owner of the private real property or the governmental entity
responsible for public property not owned by the City.
EXHIBIT A
NOTICE OF TRESPASS AND AREA CLEAN-UP
PLEASE TAKE NOTICE
The City of Renton has received complaints concerning persons remaining upon
and/or residing in temporary shelters or campsites erected or constructed in the
vicinity of insert address in bold face type, e.. 1700 block of Oakesdale Avenue
NW and/or GPS coordinatesl upon real property owned by the City. Any persons
remaining upon or residing in this area are trespassing, and will need to
immediately move off this site and must remove any personal property they own.
On insert dav two (2) davs in advance of postin per Section 6.1.3 in bold face
type, e.. AUGUST 1, 2013, at insert time in bold face tvae, e.. 9:00 AM, the
City of Renton shall conduct a clean-up of the area, including removal of all
persons, personal property, temporary shelters or campsites, and garbage, litter
or waste from this area.
Persons wishing to reclaim personal property collected by the City as part of the
clean-up project may do so by contacting insert in bold face tvpe the name of the
person and their iob title, e.. S t. Jane Doe at the Renton Police Department,
Removal of garbage and temporary shelters and campsites on public property,trespass on public property, notice
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1055 S Grady Way, Renton, WA 98057, at [insert in bold face type the contact
telephone number, e.g. 425-430-1234J for a period of sixty (60) days following
removal of the property as part of the clean-up project referenced above on
insert in bold face type the date of the clean-up project, e.g. AUGUST 1, 2013).
Personal property collected by the City of Renton in connection with this clean-up
project shall be stored, without charge, for sixty (60) days following removal from
the clean-up site. After sixty (60) days, any unclaimed property shall be disposed
of by the City of Renton in accordance with RCW Chapter 63.32.
If you have any questions or comments, please contact insert in bold face tvpe
the contact person and title, e.. Jane Smith, Parks & Golf Course Director at
Renton City Hall, 1055 S Grady Way, Renton, WA 98057 at insert contact
telephone number in bold face tvpe, e.. 425-430-12341.