It is unlawful to drink or consume any alcoholic beverage or have in one's possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, while in or upon any public street, alley, park or other public grounds, school grounds or municipal buildings; provided that the City Council may permit the service and consumption of alcoholic beverages within designated publicly owned or controlled areas on such terms and conditions as the Council may provide, including, but not limited to, compliance with applicable Oregon Liquor Control Commission rules and regulations.
(Ord. 2016-04 §1)
A. 
Title. This section shall be known as the "Regulating and Prohibiting Public Camping on Public Property Ordinance" of the City of Molalla.
B. 
Purpose.
1. 
It is found and declared that:
a. 
When persons establish campsites on public sidewalks, public rights-of-way, under bridges, and in other areas not designated for camping, such persons, by such actions create unsafe and unsanitary living conditions which pose a threat to the peace, health, and safety of themselves and the community.
b. 
Camping, resting, lying, or sleeping on a playground, under a pavilion, a recreation area or sports field fundamentally undermines the public's ability to use that public property for its intended purpose.
c. 
Camping, resting, lying, or sleeping on rights-of-way, or in a manner that obstructs public sidewalks prevents the public's ability to use that public property for its intended purpose and can in some situations create violations in the Americans with Disabilities Act (ADA) or result in imminent threats to life.
2. 
These regulations are meant strictly to regulate the use of publicly owned property, and are not intended to regulate activities on private property.
3. 
The enactment of this provision is necessary to protect the peace, health, and safety of the City and its inhabitants.
C. 
Definitions. As used in this section, the following terms and phrases shall have the meaning set forth herein:
"Camp" or "camping"
means to temporarily pitch, erect, create, use, or occupy camp facilities for the purposes of habitation, as evidenced by the use of camp paraphernalia.
"Campsite"
means any place where one or more persons have established temporary sleeping accommodations by use of camp facilities and/or camp paraphernalia.
"Camp facilities"
include, but are not limited to, tents, bivouacs, huts, other temporary or portable shelters, and vehicles or recreation vehicles as defined by ORS.
"Camp paraphernalia"
includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or other sleeping matter, or non-city designated cooking facilities and similar equipment.
"Fire"
includes, but is not limited to, open flames, recreational fires, burning of garbage, bonfires, or other fires, flames, or other sources of heat.
"Natural area"
means any land designated as natural resource area or wetland as identified on the City of Molalla Zoning Map, including all riparian areas associated with Bear Creek, Creamery Creek, and Shorty's Pond.
"Park areas"
means publicly owned grounds operated under the supervision of the City of Molalla whether within or outside of the corporate limits of the City of Molalla providing outdoor passive and active recreation opportunities.
"Parking lot"
means a developed location that is designated for parking motor vehicles, whether developed with asphalt, concrete, gravel, or other material. It also means any real property, land or structure owned, leased, or managed by a public agency, including utility easements. A public agency includes, but is not limited to, the City of Molalla, Clackamas County, and Oregon Department of Transportation.
"Public rights-of-way"
means all City-owned or controlled rights-of-way, whether in fee title or as a hold of a public easement for right-of-way or public access purposes. Public rights-of-way include, but are not limited to, any public road, street, sidewalk, or private street or other property that is subject to a public access easement dedicated or granted to the City for vehicular, pedestrian, or other means, and any planter strip or landscape area located adjacent to or contained within streets that is part of the public right-of-way.
"Resting"
means the acts of sitting, lying, sleeping, or keeping warm and dry outdoors, as defined in House Bill 3115.
"Store" or "storage"
means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
D. 
Prohibited Camping. This section's regulations are meant strictly to regulate the use of public property within the City of Molalla and are not intended to regulate activities on private property.
1. 
Except as expressly authorized by the City of Molalla Municipal Code, it is unlawful for any person(s) to establish or occupy a campsite at any time on the following public property and/or:
a. 
All park areas within the City of Molalla.
b. 
On all public sidewalks.
c. 
Identified wetlands or natural areas.
d. 
Fields used for sporting events or recreational use.
e. 
When a Molalla sheltering facility is open, all public camping is prohibited. Exceptions include when a Molalla sheltering facility is at capacity, or if an individual has been denied access.
f. 
Any residential zone.
g. 
Within 1,000 feet of a playground or school.
2. 
Except as expressly authorized by the City of Molalla Municipal Code, it is unlawful for any person to camp or maintain a campsite on any public property from dawn to dusk. Fires are prohibited in all parks and publicly owned property.
3. 
Except as expressly authorized by the City of Molalla Municipal Code, it is unlawful for any person to knowingly leave unattended or store personal property, including camp facilities and camp paraphernalia, on any public property from dawn to dusk. Fires are prohibited in all parks and publicly owned property.
Personal property left unattended may be removed and disposed by the City, in accordance with State law, if:
a. 
The property poses an immediate threat to public health, safety, or welfare; or
b. 
The property has been posted with a written notice in accordance with State law.
c. 
Any property removed by the City shall be held and disposed of pursuant to State law if not claimed within 30 days after removal.
i. 
Individuals may claim their property, without a fee, by contacting the Police Department or Parks Department within 30 days.
ii. 
Items that have no apparent utility or are in unsanitary condition may be immediately discarded.
iii. 
Weapons, controlled substances other than prescription medication and items that appear to be either stolen or evidence of a crime shall be retained and disposed of by the Police Department in accordance with applicable legal requirements for the property in question.
d. 
The City of Molalla is not responsible for theft, damage, etc., to any personal property left unattended on public property.
4. 
Notwithstanding the provisions of this chapter, the City Manager or designee may temporarily authorize camping or storage of personal property on public property by written order that specifies the period of time and location:
a. 
In the event of emergency circumstances.
b. 
Upon finding it to be in the public interest and consistent with City Council goals and policies.
E. 
Permitted Camping/Resting. Areas for permitted camping are hereby identified in Resolution No. 2023-11.
F. 
Penalties and Enforcement.
1. 
Violation of any provisions in this section is a Class D violation pursuant to ORS 153.019. Each day that a violation occurs will be considered a separate offense.
2. 
In addition to any other penalties that may be imposed, any campsite used for overnight sleeping in a manner not authorized by this section or other provisions of this code shall constitute a public nuisance and may be abated in accordance with State law.
G. 
Severability. If any court of competent jurisdiction declares any subsection of this section invalid, such decision shall be deemed to apply to that subsection only and shall not affect the validity of the section as a whole or any part thereof other than the part declared invalid.
(Ord. 2023-04A §§1—7)
No owner or person in charge of private property shall permit camping on such property unless such activity occurs in accordance with all applicable provisions of the City's development code and the property owner or person in charge has given written permission to the individuals camping on such property. Unless otherwise permitted by Chapter 15.08 of this code, no owner or person in charge of private property may permit another individual to camp on such property for more than 72 hours in any 30-day period. Exceptions may be granted under emergency conditions as declared by the City Manager.
(Ord. 2016-04 §1; Ord. 2023-06 §1)
It is unlawful for any person to urinate, defecate, or expose any intimate part with the intent to expel human excrement, on a premises open to the public or in the public view. For the purposes of this section, the term "intimate part" means uncovered human genitals, pubic areas, or buttocks.
(Ord. 2016-04 §1)
Any person in control of an animal which defecates upon a premises open to the public or on the property of another without permission of the property owner commits the offense of permitting offensive littering by an animal if said person fails to promptly remove and properly dispose of the animal waste.
(Ord. 2016-04 §1)
It is unlawful, except as otherwise allowed by ordinance or special permit, to obstruct, cause to obstruct or assist in obstructing, with the intent to interfere with free passage, pedestrian or vehicular traffic on any public way or premises open to the public.
(Ord. 2016-04 §1)
A violation of any provision of this chapter is a Class C misdemeanor, punishable upon conviction by a fine, fixed by the court, not exceeding $1,250.00 and a maximum term of imprisonment of not more than 30 days.
(Ord. 2016-04 §1)
The sections, subsections, paragraphs and clauses of this chapter are severable. The invalidity of one section, subsection, paragraph, or clause does not affect the validity of the remaining sections, subsections, paragraphs or clauses.
(Ord. 2016-04 §1)