Spokane Valley City Council could again make it a misdemeanor to be in city parks after hours

On Tuesday, Nov. 12, Spokane Valley City Council had its first reading of an ordinance that would make it a misdemeanor to be in a city park after designated hours, instead of an infraction.

It would also make camping on city property a misdemeanor regardless of whether someone is using camping paraphernalia or camping facilities — such as sleeping bags, tents, huts, or trailers — or merely sleeping there.

Additionally, if adopted, the ordinance would also update city code to allow law enforcement to use motorized vehicles such as utility terrain vehicles on city trails and in city parks, per a request from the Spokane Valley Police Department.

Currently, city parks are open from 6 am to 7 pm, while in the warmer months from April to October they're open from 6 am to 9 pm. Under the proposed ordinance, unless otherwise permitted in writing by the director of Parks & Recreation, presence in a city park beyond these hours is unlawful.

Those violating the hours would be considered trespassing and may be prosecuted under RCW 9A.52.080, criminal trespass in the second degree, a misdemeanor punishable by up to 90 days in jail, a $1,000 fine, or both.

Earlier this year, the City Council directed the City Attorney’s office to update the existing park ordinance. On July 16, City Attorney Kelly Konkright gave a presentation outlining the city’s current provisions and potential updates, and afterward, the City Council directed Konkright to draft the proposed changes.

Spokane Valley Mayor Pam Haley says the ordinance update was necessary because some residents using the green space at the incomplete Balfour Park had been confronted by homeless people who didn’t want children at the park.

“Even though Balfour Park is not really finished, they still come over and play in the green space, particularly people who have kids in those apartments [nearby],” Haley says. “They will bring them across the street to play, and they’ve had a lot of issues with being confronted by people who are sleeping in the park.”

On Nov. 19, the City Council will have their second reading and could vote to adopt the ordinance.

SUPREME COURT RULING AND OTHER CONTEXT
The City Council’s request was made in response to the June 28 U.S. Supreme Court ruling in City of Grants Pass v. Johnson, which held that laws regulating camping on public property do not violate the Eighth Amendment. The ruling allows local governments to enforce camping regulations without fear of being sued for violating the Eighth Amendment, which prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Haley says Spokane Valley previously issued misdemeanor charges against trespassers on park and city property, but the ordinance was changed after the Martin v. Boise ruling in 2018. The Boise case prevented municipalities from enforcing anti-camping ordinances if there were no homeless shelter beds available.

With the updated guidance from the Supreme Court’s ruling in Johnson, Haley says the city is looking to go back to how it operated before 2018.

When asked if the rule changes were being considered in reaction to the arrest of Kevin Hinton, who was aggressively apprehended by Sgt. Clay Hilton last year at a Spokane Valley park, Haley says she can see how someone could think they’re related, but insisted the proposal is specifically related to the safety of families and children.

On Aug. 14, 2023, Sgt. Hilton of the Spokane County Sheriff’s Office (which operates the Spokane Valley Police Department) arrested Hinton, who was parked at Terrace View Park in Spokane Valley after hours. When Hinton tried to leave, Hilton demanded to see his identification, and Hinton asked why it was necessary for something that was just an infraction.

Body camera footage shows Hilton then pulled Hinton out of his vehicle and hit him while placing him under arrest. Hinton’s lawyers say he received eight broken ribs, a punctured lung and a concussion during the incident. Hilton has since been charged with second-degree assault and fired from the department over the altercation, and has pleaded not guilty.

Still, Haley says the focus of the ordinance update is to improve park safety. She explains that the City Council previously approved the purchase of a utility terrain vehicle for Spokane Valley police to patrol and respond to harder-to-reach areas of parks and the 5.8-mile Appleway Trail. But city code doesn’t currently allow those vehicles in those areas.

“There are a lot of businesses that their back ends up right next to the Appleway Trail, and they’ve had a lot of issues with people,” Haley says. “Appleway Trail is considered a park, and that’s where this all basically came from.”

Spokane Valley Police Chief Dave Ellis tells the Inlander by email that he supports the ordinance change because the additional tools for law enforcement will allow them to address issues related to park damage. He says that police presence is a great deterrent to the small population that disrupts residents’ ability to enjoy city parks.

“The proposed ordinance changes align with those enacted by neighboring jurisdictions who have experienced similar issues,” Ellis says. “We hope that this allows residents of the City of Spokane Valley to feel safer in their parks, and reduce damage to city property from vandalism occurring after park hours.”

How might the changes impact teenagers who have few places to hang out in the evening aside from parks? Haley says that law enforcement officers can use discretion, but the goal is to target vandals, public drug use and homeless people who live in the restrooms and deny families access.

“We’re not even really talking about somebody who quietly is sleeping in the corner of the park,” Haley says. “We’re talking about the ones who accost our kids and their parents when they come because they don’t want them in the bathroom because that’s where they live.”

City Council member Laura Padden tells the Inlander by email that she supports the ordinance changes and hopes they will have a considerable impact in making parks safer for children and adults who use them for recreation and fun. She doesn’t want those who use the park to cope with seeing drug paraphernalia and garbage.

Padden says those who camp at parks need help, and handing them referral cards for service providers doesn’t address each individual’s concerns effectively.

“Facing a misdemeanor charge could be the incentive they need to instead choose or accept help and consent to be taken to the appropriate service provider,” Padden says. “Our officers have the training and discretion to handle each case differently based on the situation.”

Haley says she doesn’t know that a misdemeanor will encourage people to get help or be the turning point in someone’s life, but she believes a police presence helps deter people from committing crimes.

“We recognize that police presence sometimes is a deterrent regardless of what the outcome is,” Haley says. “I mean, even if nobody gets a ticket, if nobody gets charged with a misdemeanor, just having the police there tends to cut back on crime.”