THE PETITION

On January 19, 2021, The Mercer Island City Council voted 6-1 to Set Ordinance No. 21C-02, Use of Mercer Island Public Property, for second reading and adoption in February 2021. 

Ordinance 21C-02 regulates unsanctioned camping on public property and was added to the City's work plan in 2020. Work on this Ordinance was suspended in mid-2020 due to the COVID-19 Pandemic but resumed in the fall. The Ordinance provides definitions for both public property and camping and establishes regulations to ensure that public property is used in a safe manner, remains accessible for the intended public purpose while complying with applicable case law, and helps those who violate the Ordinance connect to shelter or other facilities to receive assistance.

We, the undersigned and current resident in Mercer Island, support and urge the Mercer Island City Council to adopt Ordinance 21C-02 at the Second Reading on February 16, 2021, with no additional delay or dilutive amendments. 

BACKGROUND 

The City is responsible for managing the use of public property in a way that promotes the health, safety, and wellbeing of its residents and visitors while also ensuring public lands are available for their intended public use. The City of Mercer Island stewards and manages a wide variety of public lands, including parks, open spaces, rights-of-way, utility easements, and more. These lands serve a variety of public functions. 

Unsanctioned camping on public lands poses potential risks. For example, camping in areas without suitable sanitation services presents public health concerns due to the potential transmission of disease and illness. Unsanctioned camping on public property may also prevent such property from being used for its intended public purpose. 

Current Mercer Island City Code Sections 9.30.160 and 9.30.210 regarding enforcement of appropriate standards for the use of public lands are limited as (1) they only prohibit unsanctioned camping in parks, not all public property and (2) recent court decisions require cities to factor in additional considerations that are not present in the current code. 

USE OF MERCER ISLAND PUBLIC PROPERTY 

Ordinance No. 21C-02 creates a new section in the Mercer Island City code relating to the use of Mercer Island public property. The Ordinance establishes definitions for both public property and camping and establishes regulations to ensure that public property is used in a safe manner and remains accessible for the intended public purpose. 

Upon adopting this Ordinance, unsanctioned camping on all public property will be prohibited instead of being limited solely to the City's parks. "Camping" is defined as "to pitch, erect, or occupy camp facilities, or to use camp paraphernalia, or both, for the purpose of, or in such a way as will facilitate remaining overnight or parking a vehicle for the purpose of occupying the vehicle overnight." 

Ordinance 21C-02 recognizes recent court decisions regarding the uses of public property. According to Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019), it is unconstitutional to penalize persons experiencing homelessness for using public property for sitting, sleeping, or lying when they are unable to obtain shelter. As such, the Ordinance contains a section suspending enforcement of the camping prohibition within outdoor portions of parks and streets if there is no overnight shelter available. Suspension of enforcement applies only to individuals experiencing homelessness. 

FUNDING

In 2021, the City Council authorized funding to support the Human Services Funding Collaborative and Eastside shelters. This Collaborative provides assistance and shelter services to multiple demographics in the region. Additionally, funding to the Mercer Island Youth and Family Services Emergency Assistance Fund has significantly increased and a proposal to establish "HB1406 Rental Assistance" as a fund to assist further MIYFS, a social services arm of the City of Mercer Island will be presented by staff at the first 2021-2022 Budget amendment. The City continues its commitment to the construction of Affordable Housing Units through contributions to ARCH, a partnership of the County and East King County Cities who have joined together to assist with preserving and increasing the supply of housing for low– and moderate-income households in the region. Mercer Island also maintains development codes that provide height incentives to Town Center developers in exchange for permanently constructing affordable housing units.

ASSISTANCE

The Mercer Island Police Department's (MIPD) goal is to connect those living unsheltered with the assistance they need. This has been the past practice of MIPD for decades, and this will continue to be their practice moving forward. Working with area shelters and the King County Mobile Crisis Team, MIPD has connected individuals with services and maintained Mercer Island parks for their intended use. MIPD needs Ordinance 21C-02 to expand these assistive practices beyond just Mercer Island parks.