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HomeMy WebLinkAboutWORKSHOP Encampment Policy Resolution - FINAL 1 of 4 STATE OF WASHINGTON County of Jefferson In the Matter of Adopting a Revised Policy on Unauthorized Encampment Removal and Repealing and Replacing Jefferson County Policy No. 02.10.23-01 RESOLUTION NO. WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county legislative authorities a direct and extensive delegation of the police power to adopt such local police, sanitary and other regulations as are not in conflict with general laws; and, WHEREAS, RCW 36.32.120(7) provides that the county legislative authorities shall make and enforce, by appropriate resolutions, all such police and sanitary regulations as are not in conflict with state law; and, WHEREAS, police power is that inherent and plenary power which enables prohibition of all things hurtful to the comfort, safety and welfare of society; and, WHEREAS, the scope of police power is broad, encompassing all those measures which bear a reasonable and substantial relation to promotion of the general welfare of the people; and, WHEREAS, Jefferson County owns and maintains multiple buildings and building complexes and conducts meetings during regular business hours; and, WHEREAS, the safety and security of the public and county employees engaging in business on county properties is important to the Jefferson County Board of County Commissioners; and, WHEREAS, Jefferson County owns and maintains multiple public parks used by members of the public for intended uses set forth in chapter 12.25 Jefferson County Code (County Parks); and, WHEREAS, the safety and security of the public’s ability to access and participate in allowable uses at county parks is important to the Jefferson County Board of County Commissioners; and, WHEREAS, Jefferson County owns and maintains over 400-miles of county road, in addition to countless bike paths and trails, of which adjacent right-of-way properties are often necessary for repair, maintenance, or public safety; and, 2 of 4 WHEREAS, the safety and security of all those using Jefferson County roads, bike paths, and trails are important to the Jefferson County Board of County Commissioners; and, WHEREAS, the county does not have the resources to respond to activities occurring on county properties outside of normal business hours; and, WHEREAS, Jefferson County has a legitimate government interest in regulating unauthorized encampments to promote public health and safety; and, WHEREAS, Jefferson County has invested in a permanent shelter for the unhoused by purchasing land, providing funding and engaging in a comprehensive plan process to create a permanent encampment for the unhoused called Caswell-Brown; and, WHEREAS, for many years, Jefferson County provided funding for a homeless shelter at the American Legion property in the City of Port Townsend; and, WHEREAS, Jefferson County adopted legislation for permitting temporary encampments for the unhoused the ensures temporary encampments for the unhoused promote public health and safety; and, WHEREAS, ensuring unauthorized encampment removal procedures are carefully tailored to meet legitimate government interests by requiring review of any health or safety hazards and requiring notice whenever possible is important to the Jefferson County Board of County Commissioners; and, WHEREAS, treating all persons living in encampments with care, dignity, and respect is important to the Jefferson County Board of County Commissioners; and, WHEREAS, Jefferson County may remove unauthorized encampments posing threats to public safety or public property use; and, NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of County Commissioners hereby adopts the above “Whereas” clauses as Findings of Fact supporting this resolution. Section 2. Purpose. The purpose of this resolution is to adopt a revised policy addressing the removal of unauthorized encampments on Jefferson County property. Section 3. Repeals and Replaces Policy No. 02.10.23-01. This policy hereby repeals and replaces Jefferson County Policy No. 02.10.23-01. Section 4. Severability. If any section, subsection, sentence, clause, or phrase of this resolution or its application to any person or circumstance is held invalid, the remainder of this resolution or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 5. SEPA Categorical Exemption. This resolution is categorically exempt from the State 3 of 4 Environmental Policy Act under WAC 197-11-800(19). Section 6. Effective Date. This resolution shall take effect and be in full force immediately upon passage by the Jefferson County Board of County Commissioners. (SIGNATURES FOLLOW ON THE NEXT PAGE) 4 of 4 ADOPTED this ____ day of __________ 2025. JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS SEAL: ______________________________ Heidi Eisenhour, Chair ______________________________ Greg Brotherton, Member ______________________________ Heather Dudley-Nollette, Member ATTEST: APPROVED AS TO FORM: ______________________________ ______________________________ Carolyn Gallaway, CMC Date Philip C. Hunsucker, Date Clerk of the Board Chief Civil Deputy Prosecuting Attorney