City of Lakewood passes ordinances criminalizing public drug use, overnight camping

The Lakewood City Council voted Monday to ban the use and disposal of “dangerous drugs” in public and overnight camping on public property.

Both modifications to the Lakewood Municipal Code are designed to move people experiencing homelessness into shelters and direct them to resources, as well as reduce crime and increase public safety in Lakewood, city officials said. Public property is defined as all libraries, commercial spaces, bodies of water, parks, streets, sidewalks and rights-of-way.

Both ordinances passed unanimously and will go into effect in 30 days. Violating the drug-use ordinance would result in a gross misdemeanor, which is punishable up to 364 days in jail and a fine that may not exceed $5,000.

Violating the overnight camping ordinance would result in a misdemeanor. The first offense for violating the ordinance would result in a fine of no more than $1,000, imprisonment that will not exceed 90 days, or both. The second offense within a five-year period would result in the same punishment, with $100 of the fine and one day of imprisonment not to be suspended or deferred.

The third or subsequent offense for violating the ordinance within five years would result in a fine of no more than $1,000, imprisonment that not to exceed 90 days, or both, with $500 of the fine and five days of imprisonment not to be suspended or deferred, according to city documents.

According to the ordinance, before someone is fined for violating the overnight camping ban, “the court shall make an inquiry as to a person’s ability to pay.” If they cannot pay, “the court is explicitly authorized to order performance of community service or work crew in lieu of a monetary penalty.”

Following discussion by the City Council at a study session last week, the ordinance banning overnight camping can not be enforced if there are no free shelter beds available within 15 miles of Lakewood City Hall.

The original proposal called for a 35-mile radius, but “given Lakewood’s proximity to larger urban areas with increased available services, this should not pose a problem,” per the ordinance language. The overnight camping ordinance can be enforced against people experiencing homelessness if they refuse to go into a shelter with available beds.

The 15-mile radius from city hall includes shelters in the cities of Ruston, Fife, Lacey, Tacoma and Puyallup.

On Monday council member Mike Brandstetter recommended an amendment to the draft ordinance to extend the effective date from 30 days to 60 days to allow the council more time to discuss implementation with the police department and other public entities, but the amendment was voted down.

The City of Lakewood can remove unlawfully stored belongings on public property “after the city provides necessary notice and an opportunity to be heard,” according to city documents.