Preparing for ‘tent cities’

Milton officials have begun discussing ordinances that could mitigate potential homeless encampment issues in the future. Currently, the city has no formal ordinances regulating encampments within the city.

“At this point, the possibility of a homeless encampment setting up in the city could happen. It’s not illegal,” Milton City Planner Chris Larson said.

On Feb. 1, Larson told Milton City Council members that creating a homeless encampment ordinance could help create a predictable and fair process for religious or philanthropic groups to host or locate an encampment within the city.

Many argue that the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) protects encampments on a church or philanthropic site. The state Court of Appeals has upheld a 2001 finding that “tent cities” are not necessarily detrimental to the public welfare or injurious to property in the vicinity. City staff explained to the council that judges appear to be reluctant to convict a homeless person for sleeping outside, until the region has enough indoor shelter for everyone.

Under RLUIPA, groups such as Seattle Housing and Resource Effort (SHARE) and Women’s Housing, Equality and Enhancement League (WHEEL) could move a homeless encampment to church property prior to receiving a temporary land use permit. However, based on a precedent set in 2004 by King County Superior Court Judge Steven Scott for the city of Bothell, cities are allowed to require a permit and conditions for encampments.

Milton has five properties owned by religious organizations that could accommodate a homeless encampment. Staff presented a proposed

ordinance to Milton Planning Commission in October. Discussion on this ordinance centered on camps logistical issues, including method and location of screening, duration of encampment, noticing requirements and characteristics of camp members. Larson told council members that most cities have drafted encampment ordinances from similar general guidelines. Milton’s proposed code was already in draft form when current staff took over the planning services, but was never completed. The proposed Milton Municipal Code chapter 17.56 would create a process for the location of a homeless encampment in Milton. Some of the points highlighted in this process would:

• Require agencies to notify the city 30 days prior to hosting a homeless encampment within the city.
• Only allow encampments on property owned by a religious or philanthropic organization.
• Require that the impacts, including security and sanitary issues of encampments, are mitigated and addressed.
• Limit the number of people living in encampments to 40.
• Limit no more than one camp in the city at a time and for no more than 90 days.  
• Require a security plan.
• Create a system for coordination with local law enforcement agencies.

Some council members expressed concerns about the camp’s potential for putting excess burdens on city agencies, such as police.

“I’m concerned about the health and safety of our citizens,” Councilmember Jim Heddlesten commented. He suggested possibly adding a clause in the ordinance requiring organizers of “tent cities” to install a fence around their camps.

Planning Commission Chairman Jim Manley reminded the council that although camp members are homeless, they still have rights under law.

“These aren’t people coming from the slums of Seattle. These are largely people who have fallen on hard times,” Manley told the council. “It is not our intent to keep a homeless encampment from entering the city. We just want to set up guidelines with a limited number of restrictions.”

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