A. Policy

It shall be the policy of this department to treat homeless persons fairly by giving reasonable notice in an attempt to avoid the destruction of their property and to handle homeless camps in compliance with current court rulings and the practices deemed appropriate by such court rulings.

Definitions:

�Item of Significant Importance� means personal identifying documents, birth certificates, legal documents, personal or family photographs, labeled prescription medications, family remains, financial devices, or cash.

�Personal Possessions� are items reasonably recognized as belonging to a person, has utility in its present condition, and is not hazardous. Examples of personal property include but are not limited to �items of significant importance�, tents, clothing, shoes, backpacks, suitcases, functional bicycles, tools, jewelry, toiletries, eyeglasses, purses, books, and children�s items.

�Bedding items� include mattresses, sleeping pads, pillows, blankets, and sleeping bags which cannot be sterilized or sanitized for safe storage.

�Public obstruction� means any tent, assembled structure, personal property, garbage, debris, or other objects that are on a public sidewalk or street that may interfere with pedestrian traffic, transportation routes on public rights-of-way, or the performance of basic services by the city. Property located on the public right-of-way but not obstructing traffic shall not be considered a �public obstruction�.

�Building materials� are items used in the construction of temporary unauthorized shelters. Building materials include but are not limited to wood, wood products, metal parts, pallets, carts, rigid or bendable plastics, tarpaulins, ropes, chains, wires or strings.

B. Procedure

1. Camps on Public Property:

a. Agent(s) shall inform any persons located at a homeless camp that they may not camp on public property and are in violation of 9.32.250 Camping Prohibited, 9.32.360 Disobeying the order of a posted sign, and/or 9.30.040 Unlawful Storage on Public Property and may be subject to criminal prosecution. When available, a Homeless Navigator should be contacted to attempt outreach with any person believed to be in violation of the above municipal ordinances.

b. If a camp or property is causing a �public obstruction�, any persons located at the site shall be advised that they are in violation of 9.62.010 Obstructing Traffic. The property shall then be immediately removed by the owner if they are present. If the property is unaccompanied, Community Action Team Agents will immediately remove the property or make arrangements with appropriate city partners to remove the �public obstruction� in a timely manner. �Items of significant importance�, unsoiled �personal possessions�, and unsoiled �bedding items� will be retained. �Building materials� will not be retained. �Items of significant importance� will be booked into property as �release to owner� if the owner is identifiable. Property that is perishable, wet, soiled, odiferous, damaged, broken, appears to be trash, or items that contain bugs will not be retained. All retained property shall be bagged, labeled with the location found, and retained for at least 30 days at a designated location. Items stored for more than 30 days shall be discarded.

c. Camps not causing a �public obstruction� shall be posted with a 72-hour Notice to Remove Property. At least one notice shall be posted in a conspicuous location, preferably in plain view of an access route to the camp and/or on the shelter. The camp and posted notice shall be documented either via photographs or body camera video.

d. Agents shall complete a service request log entry about the camp for team follow-up. Included in the entry shall be the names of all parties contacted at the camp, if available, a description of the camp, and details on the exact location of the camp.

e. After the 72-hour Notice to Remove Property has expired, agents assigned to the Community Action Team shall respond to the location of the camp and assess the need for abatement of the camp. A camp that is in substantially the same location as previously documented and appears to be the same owner/occupant, is still considered to have been properly posted and notified of pending disposal. Only �items of significant importance� shall be retained and booked into Property. All other remaining property will be presumed to be abandoned and may be discarded.

f. If the abatement requirements of a camp, or camps, are beyond what Community Action Team Agents can reasonably manage, a request will be made to assisting civilian partners or City departments for the abatement. Once an abatement is scheduled, the property will be presumed to be abandoned and can be immediately removed for disposal. Abatement partners shall notify Community Action Team Agents if �items of significant importance� are located and need to be retained for safekeeping. Community Action Team Agents will book these items into property with release to owner authorized when the owner can be positively determined.

2. Camps on Private Property:

a. Camps on private property are the responsibility of the property owner to remove for disposal and the Notice to Remove Property shall not be used. A Private Property Warning placard shall be placed on private property camps at the request of the property owner.

b. If requested by the property owner, homeless persons found to be camping on private property may be charged with trespassing.

c. If the owner of the property fails to clean-up the camp or if the owner cannot be located, Code Enforcement may be contacted.

	Lakewood Police Department Policy and Procedure HOMELESS CAMPS		Effective Date:06/14/2023
	Policy Number: PP-4150