9.54.010 Definitions.
“Block” means a portion of the city bounded on all sides by streets or avenues.
“City property” means all property in which the city has a property interest, including easements. The term includes, without limitation, all parks, rights-of-way, piers, streets, trails, forests, museums, pools, beaches, open spaces, public squares, athletic facilities, and grounds around city-owned or leased buildings, including, but not limited to, parking lots, and any other property in which the city has a property interest of any type.
1. Exceptions. “City property” does not include parks, museums, beaches, pools, or athletic facilities when such facilities are open to the public during operational hours, unless such facility is designated as a qualifying high-impact location pursuant to EMC 9.54.030(B). “City property” does not include areas of private property where tables and chairs are placed for the use of patrons consuming food and/or beverages.
“Designated qualifying high-impact location” means a specific address or cluster of addresses designated by the mayor under EMC 9.54.030(B).
“Designated qualifying service location” means a qualifying service location designated by the mayor under EMC 9.54.030(A).
“Encampment” means one or more tent, lean-to, structure, tarpaulin, pallet, or makeshift structure used for purposes of habitation located in an identifiable area within the city of Everett. Habitation is evidenced by the presence of bedding materials, campfires, cooking materials, storage of clothing or other personal belongings or items, gathered together in a manner where it appears to a reasonable person that the site is being used for habitation purposes. Encampments do not include sites a reasonable person would conclude are no longer in use, because any remaining materials are garbage, debris, or waste.
“Qualifying event” means any of the following activities, behaviors, or conduct, as shown through crime-report data, criminal activity, police calls for service, reports from city employees, or credible reports made by members of the public:
1. Trespass and related offenses as defined in Chapter 10.68 EMC.
2. Theft-related offenses as defined in Chapter 10.56 EMC.
3. Lewd conduct and related offenses as defined in Chapter 10.24 EMC.
4. Harassment offenses as defined in Chapter 10.23 EMC.
5. Assault or reckless endangerment as defined in Chapter 10.16 EMC.
6. Disorderly conduct as defined in EMC 10.48.010.
7. Unlawful transit conduct as defined in Chapter 10.49 EMC.
8. Criminal mischief and related offenses as defined in Chapter 10.66 EMC.
9. Offensive littering as defined in EMC 10.70.010.
10. Drug-related offenses as defined in Chapter 69.50 RCW or Chapter 10.35 EMC.
11. Legend drug offenses as defined in Chapter 10.36 EMC.
12. Precursor drug-related offenses as defined in Chapter 69.43 RCW and Chapter 10.39 EMC.
13. Loitering for the purpose of engaging in drug-related activity as defined in Chapter 10.37 EMC.
14. Inhalation of toxic fumes as defined in Chapter 10.40 EMC.
15. Liquor-related offenses as defined in Chapters 66.28 and 66.44 RCW and in Chapters 10.42 and 10.74 EMC.
16. Violation of stay out of drug areas orders issued pursuant to EMC 10.13.025.
17. Firearms and dangerous weapons offenses as defined in Chapter 9.41 RCW and Chapter 10.78 EMC.
18. Persons obstructing streets as defined in Chapter 9.60 EMC.
19. Unlawful abandonment of a junk motor vehicle as defined in EMC 46.40.030.
20. Public disturbance noises as defined in Chapter 20.08 EMC.
21. The presence of an encampment as defined in this chapter.
22. Activities, behavior or conduct that is contrary to the city health and safety code (EMC Title 8), building and fire code (Chapters 16.005 through 16.09 EMC), or noise control code (Chapter 20.08 EMC).
“Qualifying service location” means any physical location within the city of Everett where a qualifying service provider provides on-site social services as that term is defined in EMC 19.04.060, and includes substance-use treatment, mental health treatment, prepared meals distribution, or the physical location where any permitted indoor emergency shelter, outdoor emergency shelter, emergency housing facilities, extreme weather shelter, permanent supportive housing, or transitional housing as those terms are defined in EMC 19.04.050 exist.
“Qualifying service provider” means any agency or organization that provides on-site social services as that term is defined in EMC 19.04.060, and includes substance use disorder treatment, mental health treatment, and prepared meals distribution, as well as any city-permitted indoor emergency shelter, outdoor emergency shelter, emergency housing facilities, extreme weather shelter, permanent supportive housing, and transitional housing as those terms are defined in EMC 19.04.050, whether publicly or privately funded, and does so at a qualifying service location where individuals regularly access those services. Once deemed a qualifying service provider, such qualification continues only as long as the qualifying service provider is providing such services.
“Service facility buffer zone” means either (1) the entire area within a two-block radius of any designated qualifying service location or designated qualifying high-impact location; provided, that if the two-block radius bisects a block, the entire block shall be included in the service facility buffer zone, or (2) a smaller area defined in the mayor’s designation under EMC 9.54.030. (Ord. 3957-23 § 2, 2023.)