A. 
It is the purpose of this Chapter to promote the public health, safety, general welfare, and economic health and well-being of the City, its residents, and its visitors by making the areas of City of Tacoma Public Property open to the general public readily accessible, and to prevent the uses of Public Property which interfere with the rights of others to use Public Property for which it is intended and to prevent harm to the health, safety, and welfare of the public.
B. 
It is also the purpose of this Chapter to provide for and promote the health, safety, and welfare of the general public and not to create, either expressly or implicitly, or otherwise establish or designate any particular class or group of persons or individuals who will or should be especially protected or benefited or discriminated against by the terms of this Chapter.
C. 
For purposes of interpreting this Chapter, if any definition, requirement, or provision in this Chapter conflicts with those in a different provision or Chapter of the Tacoma Municipal Code, the definition, requirement, or provision in this Chapter shall apply.
(Ord. 28831 Ex. A, 2022-10-11)
As used in this Chapter, the following terms shall have the following definitions:
“Aspen Court”
means a city permitted emergency and transitional housing facility located at 8620 South Hosmer Street.
“Camp”
means to pitch, erect, or occupy Camp Facilities, or to use Camp Paraphernalia, or both, for the purpose of, or in such a way as will facilitate, remaining overnight. The term shall not include overnight use of Public Property by the City or the governmental entity that owns or has a property interest in such Public Property.
“Camp facilities”
means, without limitation, tents, huts, and temporary shelters.
“Camp paraphernalia”
means, without limitation, blankets, pillows, tarpaulins, cots, beds or bedding, sleeping bags, hammocks, non-City designated cooking facilities, and/or other similar equipment.
“City”
means the City of Tacoma, Washington, the area within the territorial limits of the City.
"Civil immigration enforcement"
shall mean any and all operations or activities, including staging and surveillance, conducted by CBP, ICE or any other federal law enforcement agency or other federal agency, that has as one of its objectives the identification or apprehension of a person or persons in order to investigate them for a violation of the immigration laws and subject them to: (1) civil immigration detention; (2) removal proceedings; or (3) removal from the United States, but shall not mean and include those enforcement operations or activities conducted to effect a criminal arrest or pursuant to authority of a judicial warrant or other lawful court order.
"Criminal arrest"
shall mean and refer to an arrest that is for: (1) the sole or primary purpose of preparing the person subject to such arrest for criminal prosecution for an alleged violation of state or federal law that carries a sentence of imprisonment and for which the law requires an initial appearance before a federal judge, federal magistrate or other judicial officer; or (2) for contempt of the court in which a judicial proceeding is taking place or will be taking place.
"Customs and Border Patrol" or "CBP"
shall mean that federal law enforcement agency engaged in civil immigration operations or enforcement.
"Emergency shelter"
means a shelter permitted under Tacoma Municipal Code Section 13.06.080.
"Immigration and Customs Enforcement" or "ICE"
shall mean the United States Immigration and Customs Enforcement agency including Enforcement and Removal Operations and Homeland Security investigations and shall include any successor federal agency charged with the enforcement of federal immigration laws.
"Judicial warrant"
shall mean a warrant issued upon probable cause by a federal or state court judge that orders entry onto or entry of real property or any building or structure located thereon to lawfully search for a person, property or evidence pursuant to the warrant.
"Municipal property"
means all real property (including easements) and appurtenances and improvements thereto, including by way of example and not limitation, municipal buildings, utility infrastructure, garages, parking lots, parks, playgrounds, plazas, vacant lots, unimproved rights-of-way, and storage facilities, when owned or controlled by the City of Tacoma, exclusive of improved public rights-of-way used for pedestrian and vehicular travel and real property, appurtenances and improvements thereto, that are subject to an existing lease, real estate contract or concession agreement to which the City is a party or are otherwise under control of a person or entity other than the City.
“Pier”
means any pier, wharf, dock, float, gridiron, or other structure where watercraft may anchor or moor.
“Protected waters”
means all public property, within 200 feet of mapped Rivers, Waterways, Creeks, Streams, and the Puget Sound Shorelines, including but not limited to the Puyallup River, First Creek, Roosevelt Ditch, T Street Gulch, Clear Creek, Swan Creek, Squally Creek, the Thea Foss Waterway, the Middle Waterway, the St. Paul Waterway, the Blair Waterway, Wapato Creek, the Hylebos Waterway, Hylebos Creek, and the shorelines of Commencement Bay.
“Public property”
means all property in which the City or any other governmental entity has a property interest, including easements. The term includes, without limitation, all parks, Piers, Streets, trails, forests, park museums, pools, beaches, open spaces, public squares, public schools and associated athletic facilities, grounds around City or other publicly owned or leased buildings, including, but not limited to, parking lots, and any other property in which the City or any other governmental entity has a property interest of any type.
"Staging"
shall mean use of municipal property for logistical coordination or as an operations base, or to otherwise assemble, mobilize, process persons, or to deploy personnel, vehicles, equipment, or materials.
“Store”
means to put aside, accumulate, or leave on Public Property for later use, or for safekeeping.
“Street”
means, without limitation, any easements, highway, lane, road, street, right-of-way, boulevard, alley, and all Public Property open as a matter of right to public vehicle travel or parking.
“Temporary shelter”
means a shelter permitted under Tacoma Municipal Code 13.06.080.
(Ord. 28831 Ex. A, 2022-10-11; Ord. 29064 Ex. A, 2025-10-21; Ord. 29105, 2026-05-12)
Unless otherwise permitted by the Tacoma Municipal Code, it shall be unlawful for any person to Camp within any Public Property that is within:
A. 
10 blocks of a Temporary or Emergency Shelter located in the “Downtown Zone”, which is defined as the area north of South 38th Street, east of South Union Street, west of the Puyallup River, and south of Commencement Bay;
B. 
Five (5) blocks of a Temporary or Emergency Shelter located outside of the “Downtown Zone”;
C. 
Two (2) blocks of a public school serving grades kindergarten through 12th grade, public park, or public library; or
D. 
Within 200 feet of Protected Waters.
In the event that any radius outlined in subsections A through D above bisects a block or a public parcel, such as a park or a school, that the entire block or parcel shall be included in the prohibited area for camping.
(Ord. 28831 Ex. A, 2022-10-11; Ord. 29064 Ex. A, 2025-10-21)
It shall be unlawful for any person to Store personal property, including, without limitation, Camp Facilities and Camp Paraphernalia, within any Public Property that is within:
A. 
10 blocks of a Temporary or Emergency Shelter located in the “Downtown Zone”, which is defined as the area north of South 38th Street, east of South Union Street, west of the Puyallup River, and south of Commencement Bay;
B. 
Five (5) blocks of a Temporary or Emergency Shelter located outside of the “Downtown Zone”;
C. 
Two (2) blocks of a public school serving grades kindergarten through 12th grade, public park, or public library; or
D. 
Within 200 feet of Protected Waters.
In the event that any radius outlined in subsections A through D above bisects a block or a public parcel, such as a park or a school, that the entire block or parcel shall be included in the prohibited area for storage of personal property.
(Ord. 28831 Ex. A, 2022-10-11; Ord. 29064 Ex. A, 2025-10-21)
A. 
Construction and election of other remedies. This section shall be liberally construed for the accomplishment of the purposes set forth in this Chapter and the policies set forth in this section. Nothing in this section shall modify, reduce, or limit any rights granted under state or federal law to the extent that distinction or differential treatment on the basis of citizenship or immigration status is authorized by federal or state law, regulation, or intergovernmental contract. Further, this section shall not be construed to limit or interfere in any law enforcement action taken to effectuate a criminal arrest or pursuant to a judicial warrant.
B. 
Additional defined terms. For purposes of this section, the term "signs" or "signage" shall mean signs or signage installed by the City to inform persons or federal law enforcement agencies or agents that the municipal property is owned or controlled by the City and that the municipal property shall not be used for civil immigration enforcement activities or operations to assemble, mobilize, stage, or deploy federal personnel, vehicles, or equipment, or for surveillance or logistical coordination for civil immigration enforcement operations or activities.
For purposes of this section, the term "section" shall mean and refer to Section 8.19.045 of the Tacoma Municipal Code.
C. 
Limitations on use of municipal property.
1. 
Municipal property shall not be used or occupied for civil immigration enforcement purposes.
2. 
Any use of municipal property for civil immigration enforcement purposes shall only be with the express permission, consent, and authorization of the City, given by and through the City Manager or designee or, with respect to Tacoma Public Utilities municipal property, by and through the Director of Tacoma Public Utilities, or designee.
3. 
It is the policy of the City to ensure that where practicable and appropriate, and as City resources allow: (i) physical barriers such as locked gates should be installed and used to limit access to municipal property; or (ii) signage should be installed to support compliance with this section.
4. 
It is the policy of the City that City employees who become aware of the attempted or actual use of a municipal property in violation of this section, should promptly report the attempted or actual use to their department director or the office of the City Manager or, with respect to Tacoma Public Utilities municipal property, the office of Director of Public Utilities; provided that, reporting such activity does not endanger the City employee or others.
5. 
It is the policy of the City, when practicable and as City resources allow, to make available a signage template for display by private property owners, tenants and leaseholders, including, but not limited to, businesses, nonprofit organizations, and faith institutions, who may use such signage if they choose that states: "This property is a Stand Together Tacoma partner. No agent of the federal government, including Immigration and Customs Enforcement (ICE) or Customs and Border Patrol (CBP), may enter these premises for purposes of civil immigration enforcement absent a valid judicial warrant or lawful court order. This property may not be used for civil immigration enforcement activities or operations, including as a staging area, processing location, surveillance operations, or operations base."
Property owners, tenants and leaseholders that display this signage do so at their own discretion and assume any legal or other risks associated therewith. The City cannot prevent ICE or CBP or other federal agents from conducting immigration enforcement activity on private property.
D. 
Nothing in this section shall be construed as restricting or interfering with the execution of lawful judicial warrants and other lawful court orders, activities to effect a criminal arrest, or the enforcement of criminal law, nor as limiting the rights of any person or entity under state or federal law, nor as creating a duty of care or legal obligation of the City or its officials, employees, volunteers or agents to prevent or prohibit civil enforcement activities on municipal property, other public property, or private property, nor as guaranteeing the safety of any individual or creating a special relationship between the City and any person or entity.
(Ord. 29105, 2026-05-12)
A. 
Violation of Section 8.19.030 or Section 8.19.040 of this Chapter is a misdemeanor offense and shall be punished upon conviction of such violation by a fine of not more than $250, or by imprisonment not to exceed 30 days, or by both such fine and imprisonment. The City’s intent is that individuals subject to enforcement under TMC Section 8.19.030 or 8.19.040 and who are qualified will be considered for referral to therapeutic court.
B. 
The provisions of Section 8.19.045 of this chapter may be enforced by the City of Tacoma, by and through the office of the City Attorney, by means of a civil action for injunctive or declaratory relief in any court of competent jurisdiction; provided that, nothing herein is intended to limit or preclude the City from seeking any other remedy that may be available in contract, at law or in equity.
(Ord. 28831 Ex. A, 2022-10-11; Ord. 29064 Ex. A, 2025-10-21; Ord. 29105, 2026-05-12)