The purpose of this chapter is to provide objectively reasonable time, place, and manner restrictions on the acts of sitting, lying, sleeping or keeping warm and dry outdoors.
(Ord. 565 § 2, 2022)
For the purposes of this chapter the following words have the following meanings:
means to pitch, erect, create, use, or occupy camp facilities for the purposes of habitation, as evidenced by the use of camp paraphernalia.
include, but are not limited to, tents, huts, or temporary shelters.
includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or outdoor cooking devices or utensils and similar equipment.
means any place where one or more persons have established temporary sleeping accommodations by use of camp facilities and/or camp paraphernalia.
means the Happy Valley city manager, or the city manager's designee.
has the meaning given that term in ORS 801.360.
means any public park.
means a developed location that is designated for parking motor vehicles, whether developed with asphalt, concrete, gravel, or other material.
means a person who is without overnight sleeping accommodations and lacks resources to provide for overnight sleeping accommodations.
means any real property or structures owned, leased, or managed by the city or other government agency including public rights-of-way.
has the meaning set forth in Section 12.05.050 of this code.
means a fire for the cooking of food, warmth, fellowship or ceremonial purposes.
has the meaning given that term in ORS 174.101.
means any facility that is being used to provide temporary overnight sleeping accommodations for people experiencing homelessness in general or for specific populations of people experiencing homelessness.
means any available overnight sleeping accommodation in a shelter. For the purposes of this definition a shelter bed is available when, based on the individualized circumstances and limitations of the person being offered the bed, the operator of the shelter is willing to provide accommodations to the specific person in question experiencing homelessness.
means any garbage, trash, debris, yard waste, food waste, or other discarded materials.
means contracted solid waste collection service for a campsite with the city's exclusive franchisee for the collection of solid waste.
means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.
means any highway, lane, road, street, right-of-way, alley, and every way or place in the city of Happy Valley that is publicly owned or maintained for public vehicular travel.
(Ord. 565 § 2, 2022)
A.
Temporary camping is allowed on private property or publicly owned property not in the right-of-way, subject to the following:
1.
The location of the property is limited to:
a.
Real property developed and owned by a religious institution or place of worship, regardless of the zoning designation of the property.
b.
Real property in all industrial zones, which is not within 100 feet of a residential zone, 1,000 feet of a public or private school, or in an environmentally sensitive area as defined by Chapter 16.32 (Steep Slopes), Chapter 16.34 (Natural Resources), or Chapter 16.35 (Flood Management) of this code.
2.
A maximum up to three campsites per property may be used for camping.
3.
Written authorization of the property owner.
4.
Property owner must register the property as a temporary camping location with the Happy Valley community services department. The city may require the site to be part of a supervised program operated by the city or its agent.
B.
A property owner who authorizes any person to camp on a property pursuant to this section must:
1.
Provide or make available sanitary facilities which include at a minimum a toilet and sink for the individual(s) camping on the property;
2.
Provide garbage disposal services to the individual(s) camping on the property so that there is no accumulation of solid waste on the site;
3.
Provide a storage area for campers to store any personal items so the items are not visible from any public street;
4.
Not require or accept the payment of any monetary charge nor performance of any valuable service in exchange for providing the authorization to camp on the property; provided, however, that nothing in this section will prohibit the property owner from requiring campers to perform services necessary to maintain safe, sanitary, and habitable conditions at the campsite.
5.
Keep a minimum buffer of five feet from all property lines and limit camp sites to no larger than 120 square feet.
C.
A property owner who permits camping pursuant to this section may revoke that permission at any time and for any reason. Unless additional time is required by law, any person whose authorization to camp on property has been revoked pursuant to this subsection must vacate and remove all belongings from the property as expeditiously as possible and in no event more than four hours after receiving such notice.
(Ord. 565 § 2, 2022)
A.
Camping on or within any publicly-owned property is prohibited unless otherwise permitted by the Happy Valley Municipal Code.
B.
Before allowing camping in the public right-of-way as described in this chapter, the city may seek to assist individuals finding access to a nearby shelter bed.
(Ord. 565 § 2, 2022)
A.
Temporary camping by a person experiencing homelessness is permitted in accordance with the requirements and conditions of this section only when there is no objectively reasonable access to a shelter bed for that person. A determination on objectively reasonable access must be based on the totality of the circumstances including factors, including, but not limited to, the distance needed to travel to the shelter and the availability of transportation to the shelter.
B.
Temporary camping as allowed by this section shall only be permitted between the hours of 9:00 p.m. and 7:00 a.m.
C.
Temporary camping permitted under this section is allowed in areas of public right-of-way where vehicles do not travel provided the campsite does not block vehicle travel lanes or bike lanes. The campsite must not reduce the clear, continuous sidewalk width to less than three feet. Such temporary camping in public right-of-way is limited to:
(Ord. 565 § 2, 2022)
B.
Except as expressly authorized by the Happy Valley Municipal Code, it shall be unlawful for any individual to store more than six square feet of camp paraphernalia in the public right-of-way or on public property during the hours of 7:00 a.m. to 9:00 p.m.
C.
Notwithstanding the provisions of this chapter, the city manager may temporarily authorize camping or storage of personal property on public property by written order that specifies the period of time and location permitted:
(Ord. 565 § 2, 2022; Ord. 575 § 1, 2023)
A.
The city may call for the removal of campsites, regardless of location, and/or revoke the right of any person to authorize camping on property, if a campsite poses a safety or health risk to the public or environment. These circumstances include, but are not limited to:
2.
Concerns for the safety of people camping and other users of the roadway, including pedestrians, due to camp facilities being in or near the portion of the right-of-way used by vehicles.
3.
Increasing amounts of solid waste and debris left in the right-of-way and whether that solid waste and debris has spread to nearby public or private property other than the right-of-way and whether attempts to manage solid waste and debris have been successful.
4.
Whether violence and/or crime is reported to and/or observed by the city of Happy Valley.
5.
Environmental impact, including, but not limited to, improper disposal of solid waste, public urination and defecation, manner of disposal of human waste, and open burning.
6.
Interactions and altercations with other users in the areas.
7.
The number and severity of calls for service received by the police or sheriff's office.
8.
Construction or erection of unpermitted structures in the right-of-way.
9.
Blocking vehicle or bicycle travel lanes or reducing the clear, continuous sidewalk width to less than three feet.
B.
Any person whose authorization to camp on property has been revoked pursuant to this subsection must vacate and remove all belongings from the property as expeditiously as possible and unless additional time is required by law within four hours after receiving such notice.
C.
Any person whose authorization to camp on property has been revoked by the city may appeal the decision within five days following the receipt of notice by filing with the city a written notice of appeal stating reasons for the appeal. The city manager will place a properly noticed appeal on the next council meeting agenda. The council may uphold, overturn or modify the city manager's decision after holding a public hearing on the decision.
D.
For the purposes of this section, a person has received notice to vacate upon actual receipt of either oral or written notice from a property owner or written notice from the manager. Written notice is deemed received upon personal delivery or upon other proof of having been received. In the situation where it can be shown a person refuses to accept personal delivery or is intentionally avoiding personal delivery, the written notice is deemed received on the date and time when it is affixed to the motor vehicle or tent being used for camping by the person in question.
E.
The city manager may adopt administrative rules to implement any of the provisions of this chapter.
(Ord. 565 § 2, 2022)
All persons participating in the temporary camping program described in this section do so at their own risk, and nothing in this code creates or establishes any duty or liability for the city or its elected and appointed officers, employees, agents, or volunteers with respect to any loss related to bodily injury (including death) or property damage.
(Ord. 565 § 2, 2022)