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

It would also make camping on city property a misdemeanor, regardless of whether someone uses camping accessories or camping facilities — such as sleeping bags, tents, cabins or trailers — or just sleeps there.

In addition, if passed, the ordinance would also update city code to allow law enforcement to use motorized vehicles such as all-terrain vehicles on city trails and in city parks, according to a request from the Department by Spokane Valley Police.

Currently, city parks are open from 6:00 a.m. to 7:00 p.m., while in the warmer months of April to October they are open from 6:00 a.m. to 9:00 p.m. According to the proposed ordinance, unless otherwise permitted in writing by the Director of Parks and Recreation, it is illegal to be in a city park outside of these hours.

Violators of the hours will 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 the City Council later directed Konkright to draft the proposed changes.

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

“Even though Balfour Park isn’t really finished, they still come and play in the green space, especially those who have kids in those apartments (nearby),” Haley says. “They’ll bring them over the road to play and they’ve had a lot of trouble dealing with people sleeping in the park.”

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

JUDGMENT OF THE SUPREME COURT AND OTHER CONTEXT
The City Council’s request was made in response to the June 28 U.S. Supreme Court ruling City of Grants Pass v. Johnsonwhich 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 Martin v. Boise deciding in 2018. The Boise The case prevented municipalities from enforcing anti-camping ordinances if there were no beds available for homeless shelters.

With the updated guidance from the Supreme Court decision in JohnsonHaley says the city is looking to return to the way it was operating before 2018.

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

On August 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 asked to see his ID, and Hinton asked why it was necessary for something that was just a misdemeanor.

Body camera footage shows Hilton then pull Hinton out of the vehicle and hit him while arresting him. Hinton’s attorneys say he suffered eight broken ribs, a punctured lung and a concussion during the incident. Hilton was charged with second-degree assault and fired from the department over the altercation and has pleaded not guilty.

Still, Haley says the purpose of the ordinance update is to improve park safety. She explains that the City Council previously approved the purchase of an all-terrain vehicle for Spokane Valley Police to patrol and respond to the more difficult-to-reach areas of the parks and the 3.8-mile Appleway Trail. But city code doesn’t currently allow those vehicles in those areas.

“There are a lot of businesses that have their backs right next to the Appleway Trail, and they’ve had a lot of problems with people,” Haley says. “Appleway Trail is considered a park and that’s where it all came from.”

Spokane Valley Police Chief Dave Ellis tells him Inlander via email that he supports changing the ordinance because the additional tools for law enforcement will allow them to address problems related to park damage. He says the police presence is a big deterrent to the small population, disrupting residents’ ability to enjoy the city’s parks.

“The ordinance’s proposed changes align with those adopted by neighboring jurisdictions that have faced similar issues,” Ellis says. “We hope this will allow Spokane Valley residents to feel safer in their parks and reduce damage to city property from vandalism that occurs after park hours.”

How might the changes affect teenagers who have few places to spend their evenings besides parks? Haley says law enforcement officers can use discretion, but the goal is to target vandals, public drug use and homeless people living in restrooms and denying their families access.

“We’re not even talking about someone sleeping peacefully in the corner of the park,” Haley says. “We’re talking about people who attack our children 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 him Inlander via email that she supports the ordinance changes and hopes they will have a significant impact on making parks safer for children and adults who use them for recreation and fun. She doesn’t want park users to have to deal with drug paraphernalia and trash.

Padden says park campers need help, and handing out referral cards to service providers doesn’t effectively address each individual’s concerns.

“Facing a misdemeanor charge could be the incentive they need to choose or accept help and consent to be taken to the appropriate service provider,” says Padden. “Our officers have the training and discretion to handle each case differently depending 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 keep people from committing crimes.

“We recognize that the presence of the police is sometimes a deterrent, regardless of the outcome,” Haley says. “I mean, even if nobody gets a ticket, if nobody gets charged with a crime, if only the police there tend to reduce crime.”