The city of Battle Ground is the latest Southwest Washington jurisdiction to ban unlawful camping on public property since a June U.S. Supreme Court ruling made it easier to do so.
“This is one part of a multifaceted approach to homelessness, and it is a small part,” Battle Ground Mayor Troy McCoy said.
On Monday, the Battle Ground City Council unanimously adopted an ordinance outlining how city staff should handle unlawful encampments before issuing a civil infraction, which can result in a fine but no jail time.
Homeless encampments must receive 72-hour notice before removal. If the campsite is inhabited, the city will arrange for outreach workers to offer services to homeless campers. In addition, city staff will “make a reasonable effort” to inform them about services offered in the county.
If a homeless camper refuses to leave after 72 hours, city staff will contact law enforcement to give one more warning. Then, the person may be issued a civil infraction — a fine up to $100 for the first violation. For a second violation within a one-year period, the fine may be up to $200 plus a 30-day exclusion order from the site.
A violation of an exclusion order could mean a criminal citation for trespassing.
City staff can remove campsites if they’re obstructions or immediate hazards, according to the ordinance. If the site is occupied, staff will provide notice to the inhabitants that they intend to immediately remove the obstruction.
The city will store non-hazardous items for 60 days before discarding them. People can retrieve their items at no cost without an ID, which many people experiencing homelessness lack.
The removal policies are similar to those in Oregon, which requires 72-hour notice before removal, unlike in Washington.
However, Battle Ground has joined only a handful of Washington cities, including Washougal last month, that treat camping as a civil matter with fines and not a criminal one, which could include fines, jail time and a mark on criminal records.
Battle Ground resident David Terry told the council Monday that he supports the ordinance but doesn’t think fines will be effective.
“What keeps them from moving to the next encampment? That’s a very difficult problem,” Terry said. “Money’s not really effective.”
Some jurisdictions, including Vancouver and Clark County, have camping bans with criminal citations that can be erased in exchange for completing community court, which connects participants with resources. Other camping bans are more punitive, such as in Spokane Valley, where unlawful camping is punishable by 90 days of jail time, a $1,000 fine or both.
Previously, this may have been considered unlawful.
In 2022, the 9th U.S. Circuit Court of Appeals upheld a District Court decision that a camping ban in Grants Pass, Ore. (where no shelter existed) violated the cruel and unusual punishment clause because homeless residents were camping to survive, having no other options.
But ever since the U.S. Supreme Court overturned that ruling in June, cities across the U.S., including eight in Washington, have tightened rules on camping and ramped up enforcement actions.
Battle Ground, like Washougal, has no overnight shelters within city limits despite at least 156 people becoming homeless in Battle Ground in 2023, according to Council for the Homeless.
However, the matter of whether cities without shelter can enforce camping bans may not be settled.
At the Monday council meeting, McCoy mentioned that an Oregon judge ordered Grants Pass to temporarily pause enforcement of its camping rules earlier that day in response to a lawsuit filed by Disability Rights Oregon against the city.
“Who knows where we end up,” McCoy said.