On March 4, 2024, the Burien City Council adopted Ordinance 832, amending Burien Municipal Code (BMC) 9.85.150, which prohibits individuals from sleeping overnight on public property if there is a shelter, bed, or treatment facility available. Read below for details and answers to questions about the ordinance and its enforcement.
What is Ordinance 832?
Ordinance 832 is an amendment to clarify and enhance Ordinance 827, which prohibits individuals from camping on public property between 7 p.m. and 6 a.m. if shelter is available. Camping on public property is prohibited during daytime hours.
How is “unlawful public camping” defined?
It shall be unlawful to use nonresidential public property as a living space in Burien at all hours. Except, the prohibition shall not apply if there is no available overnight shelter, as defined below, and only if a person is camping in a non-prohibited location. This exception permitting the use of nonresidential public property as a living space only applies between 7 p.m. and 6 a.m. the following morning. This exception is not a defense to other law violations.
See map of prohibited camping areas.
“Nonresidential public property as a living space” means to camp, dwell, lodge, reside, sleep, or exercise nontransitory exclusive control over any portion of nonresidential public property.
“Nonresidential public property” means any Burien park, street, sidewalk, or any other open area where Burien or another governmental agency has a property interest, including easements. “Nonresidential public property” does not include apartments, houses, other fixed residential living quarters owned or leased by Burien or King County, or locations explicitly excluded from this definition by the City Manager or City Council.
Signs of camping could include but are not limited to, bedding, cots, sleeping bags, tents or other temporary shelters, personal belongings storage, and cooking equipment use or storage.
How is “available overnight shelter” defined?
“Available overnight shelter” means:
- Overnight public or private shelter or space to accommodate a person,
- Available or open, and
- At no charge or expense to that person.
How will the ordinance be enforced?
The City of Burien is working closely with the King County Sheriff’s Office (KCSO) and service provider partners to ensure outreach and services are offered before enforcement. KCSO understands that there cannot be enforcement without verification that a shelter, bed, or treatment facility is available to the person needing support.
If, after repeated contact with service providers an individual refuses the available shelter and refuses to leave the public property, they could be arrested and charged with a misdemeanor. In addition, Burien supports the use of any available deferral process since the priority remains getting people off of the street and into the housing, services, or treatment that they need.
How are people experiencing homelessness being notified of the ordinance?
Soon after the ordinance was originally adopted, Burien began working with its contracted service providers to notify people of the ordinance who are living unsheltered.
What efforts are being made to connect people to shelter and services?
Burien works with a diverse group of service providers to coordinate outreach and to seek shelter, services, treatment, and permanent housing.
How do recent court decisions impact Burien's laws?
The United States Supreme Court held that municipalities may enforce reasonable restrictions on camping and found that those restrictions do not constitute a violation of the Eighth Amendment of the United States Constitution. See Grants Pass v. Johnson and Potter vs. Lacey for more information.
What efforts are being made to establish a site for temporary housing for people experiencing homelessness?
See Temporary Emergency Housing Village Frequently Asked Questions.
Updated July 18, 2024