203308 Town of Uniontown, Washington Ordinance No. 17.10.051 AN ORDINANCE OF THE TOWN OF UNIONTOWN, WASHINGTON, PROHIBITING CAMPING ON PUBLIC RIGHTS-OF-WAY AND PUBLIC PROPERTY; PROVIDING FOR REMOVAL OF ENCAMPMENTS AND PROPERTY; ESTABLISHING FINES; AND PROVIDING FOR ENFORCEMENT IN ACCORDANCE WITH CONSTITUTIONAL REQUIREMENTS. Section 1. Purpose and Intent The purpose of this ordinance is to preserve the public health, safety, and welfare of the residents and visitors of the Town of Uniontown by prohibiting unauthorized camping on public property and public rights-of-way. This ordinance seeks to ensure the safe and unobstructed use of public spaces while remaining compliant with constitutional protections and judicial precedent, including Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019). Section 2. Definitions For purposes of this ordinance: "Camping" means residing, sleeping, or storing personal belongings in a tent, camper, recreational vehicle (RV), shelter, or other temporary structure, or sleeping outdoors, for habitation purposes. "Public Property" includes but is not limited to parks, streets, sidewalks, alleys, parking areas, and any land or facilities owned, leased, or controlled by the Town of Uniontown. "Public Right-of-Way" includes all public streets, sidewalks, alleys, and easements for transportation or pedestrian use. Section 3. Prohibition of Camping on Public Property and Rights-of-Way A. It is unlawful for any person to camp, occupy, or place any tent, shelter, camper, RV, vehicle, or other structure used for habitation on any public property or public right-of-way within the Town of Uniontown, unless expressly authorized by the Town. B. This prohibition applies at all times, except where temporary authorization is granted in writing by the Town for specific events or emergency circumstances. Section 4. Notice and Removal A. Any person found to be in violation of this ordinance shall be issued a written notice to vacate and remove all belongings within 48 hours of the time the notice is issued. B. If the individual(s) fail to comply within the 48-hour notice period, the Town may remove and impound any encampments, structures, and personal property remaining on public property. C. The costs of removal, storage, and disposal of unauthorized encampments or personal property shall be billed to the individual(s) responsible for the unlawful camping. D. Personal property collected during removal shall be handled in accordance with applicable laws concerning storage and retrieval of property. Section 5. Enforcement and Penalties A. Upon first violation, the individual shall be issued a civil citation carrying a $50 fine. B. A second violation within twelve (12) months shall carry a $100 fine. C. A third and subsequent violation within twelve (12) months shall carry a $150 fine, which is the maximum fine allowable under this ordinance. D. Each day the violation continues beyond the 48-hour notice period may constitute a separate offense. E. Violations of this ordinance are civil infractions, not criminal offenses. Section 6. Legal Compliance - Martin v. City of Boise This ordinance shall be enforced in a manner consistent with the ruling in Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019), which prohibits criminal enforcement of anti-camping ordinances against individuals experiencing homelessness when no alternative shelter is available. The Town of Uniontown shall not enforce this ordinance against individuals when no reasonable alternative sleeping accommodations are available within the Town or region. Section 7. Severability If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date This ordinance shall take effect and be in full force five (5) days after publication as required by law. PASSED BY THE TOWN COUNCIL OF THE TOWN OF UNIONTOWN, WASHINGTON THIS 12TH DAY OF NOVEMBER, 2025. Mayor: /s/ Mike Shore Clerk: /s/ Kimberlee Brickey