Bremerton council removes neighborhood maps from potential camping ordinance

A proposed ordinance to address unauthorized camping in Bremerton will no longer include a list of more than 20 city-owned parcels that were recently suggested as areas where the law would not be enforced.

Instead, a measure now scheduled for a vote by the Bremerton City Council next Wednesday will redefine what is considered an "available shelter" to include properties outside city limits provided transportation is available, in an effort to legally enforce current city laws against camping in public areas.

The revised ordinance, which was made public on Friday, expands the definition of "available overnight shelter" to include transitional housing or a permitted outdoor encampment inside city limits that is provided at no cost and which does not discriminate against residents based on sex, family situation, religious beliefs or disability. In addition, an available shelter could be outside city limits as long as it is permitted and operated by a public or private entity and is accessible by public transportation or a vehicle for hire at no cost to the individual.

The ordinance also states that the penalty for violating the unauthorized camping ordinance is a misdemeanor infraction on each occurrence.

What that means is that when a shelter as defined in the law is available -- such as when the Salvation Army opens its winter overnight shelter on Nov. 1 or the pending opening of Kitsap Rescue Mission's Pacific Building in Port Orchard -- the city would have the legal authority to cite people who are camping on public property.

It doesn't change anything immediately in terms of the encampments that have developed over the past six months at different sites in the city or if campers move into any of the areas listed on the maps that came out last week. However, the proposal does address the potential legal complications of clearing encampments and, from the city's perspective, potentially could encourage regional solutions to the growing issue of homelessness.

"Why does Bremerton have to be the city providing all the resources and shelter?" Coughlin asked, noting that more collaboration may be possible by moving residents of Bremerton encampments to shelters that may exist beyond city limits. "The mayor can work with our county partners for us to be able to enforce this."

Mayor Greg Wheeler, however, said Friday that even the revised ordinance has been rushed, coming on the heels of so much public outcry after the release of maps showing the 20 or so city-owned parcels. Wheeler said he fielded 50 emails on Friday morning alone regarding residents upset at the proposed plan to direct homeless people to stay at sites around the city.

Related: A look at areas in Bremerton that were considered to allow public camping

"The discussion that led to the maps should have been more vetted," Wheeler said, confirming that he'll ask the council to pause rather than voting on Sept. 20, since the proposal essentially retains the status quo in terms of not clearing encampments. "I do believe our downtown neighborhoods need to review this as well. I want to be sure everybody's being heard."

Wheeler again said he continues to work on securing a new temporary, overnight shelter option to help ease the growing number of people living homeless. He did acknowledge that a plan to provide some kind of transportation to either shelter or services is already in the works, regardless of whether the ordinance passes right away.

"The partnerships are huge," Wheeler said, citing plans that could range from an established bus route to certain sites or on-demand taxi services, though acknowledging the city would have to make a significant investment given the scope of the problem. The latest point-in-time count of individuals experiencing homelessness cited nearly 250 people last winter. "We don't know when this will end."

A law preventing camping in public places has long been part of the city's code, but the Ninth Circuit Court's Martin v. Boise decision prevented the criminalization of public camping if no other shelter is available. When the Salvation Army ended an overnight shelter that had been provided and publicly funded since the COVID pandemic in March, the city found itself unable to enforce the ordinance despite neighborhood complaints about a growing encampment on MLK Way near downtown Bremerton, which has spawned others in the nearby neighborhoods.

The resulting efforts to appease downtown residents and businesses led to an initial city plan to identify more than 20 parcels in Bremerton where the camping law would not be enforced. But homeless advocates and neighbors near the city-owned parcels reacted strongly in opposition in the week after the proposal was made public at a Sept. 6 meeting.

The ability to provide an outdoor encampment has always been a part of city law, Coughlin said, if a private group like a church would apply to host such a camp. Some shelter beds do exist within Bremerton, through smaller private offerings by social services agencies or vouchers for stays at the Quality Inn on Kitsap Way, or the 72-unit Pendleton Place facility. But because none are available for a temporary overnight stay, the city cannot show that it has the shelter space required to enforce the ordinance against camping.

The Bremerton City Council meeting is at 5:30 p.m. on Wednesday, Sept. 20 in the council chambers of the Norm Dicks Government Center in downtown Bremerton, and may be viewed online through the city's website as well.

This article originally appeared on Kitsap Sun: Bremerton removes neighborhood sites from plan to enforce camping law