For the purposes of this subchapter, the following definitions
apply unless inconsistent with the context:
is a shelter that is able to be used or is at a person's
disposal based on the individual facts and circumstances of that particular
person. A shelter is considered not available to a person if, based
on the individual facts and circumstances of that particular person,
the shelter cannot be accessed or utilized for sitting, sleeping,
and keeping warm and dry. Such situations include, but are not limited
to, a shelter that:
Requires payment and the individual does not have money to pay
for the shelter;
Has a maximum stay rule or temporal requirement or deadline
the person has exceeded or not met;
Has excluded the person from the shelter for any lawful reason;
Cannot reasonably accommodate the person's mental health or
physical needs;
Is unavailable due to the person's family status, age, gender,
gender identity, sexual orientation, or other status;
Has excluding general rules that prohibit alcohol or drug use
in the shelter or on shelter grounds or is unavailable to the person
because the shelter has rules about alcohol or drug use that the person
does not meet;
May prohibit a minor child to be housed in the same facility
with at least one parent or legal guardian;
Requires participation in religious activity or receipt of religious
information or religious teaching the person does not wish to participate
in or receive; or
Requires a person to leave their pet(s) unattended in order
to stay at the shelter. This section does not apply to service animals
under the Americans with Disabilities Act.
any real property or structures owned, leased or managed
by the city.
any vehicle that is self-propelled and, for the purposes
of this subchapter, includes all recreational vehicles whether or
not self-propelled.
a developed location that is designated for parking motor
vehicles, whether developed with asphalt, concrete, gravel, or other
material.
a place an individual may access for the purposes of sitting,
sleeping, and keeping warm and dry, which may include, but is not
limited to, a residence, hotel, motel, or a public or private facility
developed or legally established for people experiencing homelessness
that does not charge for services.
any garbage, trash, debris, yard waste, food waste, or other
discarded materials.
contracted solid waste collection service for a property
being used for camping as authorized by this subchapter with a city
franchisee for the collection of solid waste.
to put aside or accumulate for use when needed; to put for
safekeeping; to place or leave in a location.
(Ord. 6454 § 4, 2023)
A.
A private
camping location may be established in accordance with this section
with authorization of the property owner when the property has been
registered by the property owner with the city in the manner established
by the manager. Any property used for camping under this section are
subject to the following conditions:
1.
Up
to three total motor vehicles or tents, in any combination, may be
used for camping in any parking lot on the following types of property:
a.
Real property developed and owned by a religious institution, place
of worship, or public agency, including the city, regardless of the
zoning designation of the property;
b.
Real property occupied and used by any organization or business primarily
for nonprofit, commercial, or industrial purposes and developed with
one or more buildings, regardless of the zoning designation of the
property; or
c.
Vacant or unoccupied real property zoned for commercial or industrial
use. The city may require the site to be part of a supervised program
operated by the city or its agent.
2.
Up
to one tent in the back yard of a residential real property or one
motor vehicle in the driveway of a residential real property may be
used for camping on a residentially or mixed-use zoned real property
that is developed with an occupied residential dwelling, provided
that the total number of occupants on the property does not exceed
10 people. If the owner of a residential real property has rented
all or a portion of the real property, then, in addition to the owner,
the tenants of the real property must authorize any camping permitted
by this section.
B.
A real property owner who authorizes any other person to camp on property pursuant to subsection A above must:
1.
Provide
or make available sanitary facilities for the proper disposal of sanitary
sewage;
2.
Provide
solid waste disposal services so that there is no accumulation of
solid waste on or around the real property;
3.
Provide
a storage area for campers to store any personal items so the items
are not visible from any public street;
4.
Not
allow the placement of a tent in a residential backyard to be not
less than five feet away from any property line, five feet from the
occupied residential dwelling, or larger than 120 square feet;
5.
Comply
with applicable federal, state, and local laws, rules, and regulations;
6.
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 real property; and
7.
Not
require any type of agreement for providing authorization to camp
on the real property or take any other action that would create a
tenancy by the individual's engaged in camping on the real property.
C.
A property owner or tenant who permits camping pursuant to subsection A of 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 of receiving such notice.
D.
Notwithstanding
any other provision of this chapter, the manager may:
1.
Revoke the right of any person to authorize camping on real property described in subsection A of this section upon finding that any activity occurring on that real property by campers is incompatible with the uses of adjacent properties; violates any federal, state, or local law, rule, or regulation; constitutes a nuisance, or based on the totality of the circumstances creates an unreasonable risk to public health or safety or constitutes a threat to the public welfare; or
E.
Unless additional time is required by law or granted by the manager, any person whose authorization to camp on real property has been revoked pursuant to subsection D of this section must vacate and remove all belongings from the real property within twelve hours of receiving such notice, provided that the manager may require a person to vacate the real property in a shorter amount of time if necessary to protect against an imminent threat to public health or safety.
F.
Any person whose authorization to camp on real property has been revoked pursuant to subsection D of this section, or the real property owner who has permitted such person to camp on their property, may appeal the manager's decision within five days following the receipt of notice of the manager's decision by filing with the manager a written notice of appeal stating reasons for the appeal. The manager will place a properly noticed appeal on the next council meeting agenda. The council may uphold, overturn or modify the manager's decision after holding a public hearing on the decision. The manager's revocation shall remain in effect while any such appeal is pending.
G.
For the purposes of this section, a person who is permitted to camp on private real property pursuant to terms and conditions of subsection B of this section has received notice to vacate upon actual receipt of either oral or written notice from a real 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.
H.
All
persons participating in private camping authorized by 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 officers, employees or agents,
with respect to any loss related to bodily injury (including death)
or property damage (including destruction). A property owner that
permits individuals to use their property for camping under this section
is required to inform each individual and their guardian, if they
are a minor, of the limitations set forth in this subsection.
(Ord. 6454 § 4, 2023)
A.
Except
as expressly authorized by this code or state or federal law, it is
unlawful at all times for any person to camp within the city.
B.
Unless
otherwise prohibited by law or regulation, including this code or
state or federal law, persons who do not have available shelter are
permitted to camp on public rights-of-way located within the city
or upon other city properties that are outdoors and open to the public
between the hours of 7 p.m. to 7 a.m. Notwithstanding this general
authorization, the manager may adopt administrative rules, which limit
the actual rights-of-way, or portions thereof, as well as which specific
city properties that may be used for camping. Such administrative
rules may limit not only the place, but also manner in which camping
may occur. The manager's administrative rules shall be adopted and
take effect no later than July 1, 2023. A violation of the administrative
rules authorized by this subsection shall constitute a violation of
this code.
1.
The
administrative rules adopted by the manager under this subsection
shall be made publicly available upon request, posted at the Civic
Center, and listed on the city's website.
2.
The
manager may erect and maintain appropriate signage explaining such
administrative rules on the areas of public rights-of-way and other
city property where overnight camping is permitted.
3.
Unless
an emergency exists that makes these procedures impractical, the manager
shall, prior to adopting any amendments to the administrative rules
authorized by this subsection: (a) make a draft of the amendments
available upon request to interested parties and publish them on the
city's web site; and (b) provide at least 10 business days for individuals
to provide comment on the draft amendments.
C.
Camping
is permitted in the city within any sanctioned campsite. For the purposes
of this subsection, a sanctioned campsite is the area within any public
or private property that has been established for camping by individuals
and has received written approval from the manager. A sanctioned campsite
must meet the following conditions to receive approval from the manager
and to continue operations within the city:
1.
The
sanctioned campsite must include designated sleeping areas, regularly
serviced trash and recycling receptacles, and restroom facilities
for use by those engaged in camping;
2.
There
must be no charge for the use of the sanctioned campsite;
3.
The
sanctioned campsite must be operated by:
a.
The city or another local government;
b.
An organization with at least two years' experience operating sanctioned
campsites or emergency shelters that is: a local housing authority
as defined in ORS 456.375; a religious corporation as defined in ORS
65.001; or a public benefit corporation, as defined in ORS 65.001,
whose charitable purpose includes the support of homeless individuals;
c.
A nonprofit corporation partnering with any other entity described
in this subsection;
4.
The
sanctioned campsite must comply with all applicable laws and regulations
and any conditions imposed on the operations of the campsite by the
manager;
5.
Based
on the totality of the circumstances, the sanctioned campsite must
not create an unreasonable risk to public health or safety or constitute
a threat to the public welfare;
6.
The
manager may impose any reasonable conditions on the operations of
a sanctioned campsite, including, but not limited to, length of use,
hours of operation, number of individuals permitted to use the campsite,
and the number of trash, recycling, or restroom facilities that are
required for operations; and
7.
The
manager may revoke written approval for a sanctioned campsite upon
a finding that the campsite is operating in violation of the requirements
of this subsection. Any person or entity whose written approval of
a sanctioned campsite has been revoked by the manager under this subsection
may appeal the manager's decision within five days following the receipt
of notice of the manager's decision by filing with the manager a written
notice of appeal stating reasons for the appeal. The manager will
place a properly noticed appeal on the next council meeting agenda.
The council may uphold, overturn or modify the manager's decision
after holding a public hearing on the decision. The manager's revocation
shall remain in effect while any such appeal is pending.
D.
Except
as otherwise authorized by this code or by the manager, it shall be
unlawful for any person to store personal property, including camp
facilities and camp materials, on any city property if the personal
property:
E.
Notwithstanding
the provisions of this chapter, the manager may temporarily authorize
camping or storage of personal property on city property by written
order that specifies the period of time, manner, and location:
F.
The
manager may at any time revoke permission to use city property for
camping or storage of personal property as authorized by this subsection
upon determining that allowing the city property for such uses would
create dangerous conditions or a health threat to the public or if
the basis for authorization no longer exists.
(Ord. 6454 § 4, 2023)
A.
A violation
of this subchapter is punishable and may result in the assessment
of an appropriate penalty under HMC 1.08.
B.
The
manager may adopt administrative rules to implement any of the provisions
of this subchapter.
C.
In addition
to any other penalties that may be imposed, any property used for
camping in a manner not authorized by this subchapter or other provisions
of this code shall constitute a public nuisance and may be abated
as such.
(Ord. 6454 § 4, 2023)
