Ord. 2600 - Amending Ordinance 2578 COUNCIL BILL NO. 3178
ORDINANCE NO. 2600
AN ORDINANCE AMENDING ORDINANCE 2578 TO COMPLY WITH THE REQUIREMENTS
OF OREGON STATE LAW AND DECLARING AN EMERGENCY
WHEREAS, ORS 203.077 requires that all municipalities and counties shall develop
a policy for the removal of Camping Sites that recognizes the social nature of the
problem of homeless individuals Unlawfully Camping on Public Property and implement
the policy as developed to ensure the most humane treatment for removal of homeless
individuals from Camping Sites on public property; and
WHEREAS, the City believed that was is important to memorialize this policy in
Ordinance 2578, to formalize legal compliance with Oregon state law; and
WHEREAS, the 2021 Oregon Legislature passed HB 3124, which requires that
Ordinance 2578 be amended to extend the required written notice period before
removing homeless individuals from an established Camping Site to 72 hours; and
WHEREAS, HB 3124 further requires that Ordinance 2578 be amended to specify
that storage of unclaimed personal property from the Camping Site be in a facility
located in the same community as the Camping Site from which it was removed; and
WHEREAS, this Ordinance amends Ordinance 2578 to fully comply with the
requirements of 1-113 3124; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Ordinance 2578 is amended to conform to 1-113 3124 as provided in
Attachment "A."
Section 2. This Ordinance being necessary for the immediate preservation of
the public health, safety and welfare, so that the amendments to the Camp Site
removal policy required by state law can be implemented without delay, an
emergency is declared to exist and this Ordinance shall take effect immediately
upon passage by the City Council and approval b j
Mayor.
2L-
Approved as to form: Z
City Attorney DatJ P
Approved:
Rob'e' rt Carney,, Council PresideW.,"',
Page 1 Council Bill No. 3178
Ordinance No. 2600
Passed by the Council LcLLd'j
Submitted to the� -yer- t Z- ' .
Approvedby the M-ay-94:- (-Icv ,� as i&1 ' -Z�o Z'Z-
Filed in the Office of the Recorder
ATTEST: Udj� PL&Y-)bYU
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2 Council Bill No. 3178
Ordinance No. 2600
Attachment A
Page 1 of 4
COUNCIL BILL NO. 3120
ORDINANCE NO. 2578
AN ORDINANCE, ENACTED IN COMPLIANCE WITH ORS 203.077, TO DEVELOP A
POLICY FOR REMOVAL OF CAMPING SITES ON PUBLIC PROPERTY AND
DECLARING AN EMERGENCY
WHEREAS, ORS 203.077 requires that all municipalities and counties shall
develop a policy for the removal of Camping Sites that recognizes the social
nature of the problem of homeless individuals Unlawfully Camping on Public
Property and implement the policy as developed to ensure the most humane
treatment for removal of homeless individuals from Camping Sites on public
property; and
WHEREAS, the City believes that it is important to memorialize this policy in
this Ordinance to formalize legal compliance with Oregon state law; and
WHEREAS, the City is adopting the following policy pursuant to ORS 203.077
to ensure the humane treatment for the removal of individuals and their property
and Camping Sites from public property; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Unlawful Camping on Public Property. It is unlawful for any
person to camp in or upon public property for more than ��R+„ fGl .r (24)
s(:)w:) i yl ° lwo (72) hours after having been given a notice of unlawful camping as
provided by this Ordinance. Any person found to be camping unlawfully on
public property may be removed from the unlawful Camping Site, eXGep, +H.�+
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Section 2. Definitions.
A. "To Camp" means to set up, or remain in or at, a Camping Site for
the purpose of establishing or maintaining a temporary place to live.
B. "Camping Site" means any place where any bedding, sleeping bag,
or other sleeping matter, or any stove or fire is placed, established, or maintained,
whether or not such place incorporates the use of any tent, lean-to, shack, or any
other structure or any vehicle or part thereof. A Camping Site includes any place
where there is a tent, or any structure or assembly of materials consisting of a top
Page - 1 - Council Bill No. 3120
Ordinance No. 2578
Attachment A
Page 2 of 4
or roof or any other upper covering and enclosed on one or more sides, that is of
sufficient size for a person to fit underneath or inside.
Section 3. Removal of Individuals, their Property and Camping Sites on
Public Property.
A. Prior to the removal of any individual and/or their Personal Property
from an established Camping Site on public property, law enforcement officials
shall post a Camping Site Removal Notice, written in English and Spanish, 14"eR�y
syr (24) s(:)w:)nlly. wo (72) hours in advance of removal. If Iry\A, tepfprr emepi
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1 . At the time the notice is posted, law enforcement officials shall
inform a local agency that delivers social services to homeless individuals where
the notice has been posted.
2. This local agency may arrange for outreach workers to visit the
Camping Site where a notice has been posted to assess the need for social
service assistance in arranging shelter and other assistance.
3. All unclaimed Personal Property shall be given to law
enforcement officials whether tWeRtly fe it (24) s(:)w:)nlly. lwo (72) hour notice is
required or not. The City shall develop a protocol for the custody, removal,
storage, and destruction of the unclaimed Personal Property.
4. An Unclaimed Personal Property Notice shall be posted, written
in English and Spanish, providing a phone number to call during the business
hours of 8:00 AM to 4:00 PM, Monday through Friday, to arrange an appointment
to pick up the unclaimed Personal Property. This notice shall be posted (:SII : IIII
L0 i1-1 G cvrr✓FiG G is PI -vr-o iA thte r- eRePr I \/iGiR4Y of the Camping Site
and made to be weather resistant. The unclaimed Personal Property shall be
stored for 30 days from the removal date iiia : I:(x iilliHY Ilcoc' W nIl :r c:oiirvpor(iry l l :r
ooun(](: iIry 0 l e CiHy cel` ` ?'oo(]L)uirn and will be reasonably available to any
individual claiming ownership. Personal property that remains unclaimed for 30
days will be disposed of and the notice removed.
5. "Personal Property" means any item that is reasonably
recognizable as belonging to a person and has apparent utility. Items that have
no apparent utility or are in an unsanitary condition will be immediately discarded
upon removal of the Camping Site.
Page - 2 - Council Bill No. 3120
Ordinance No. 2578
Attachment A
Page 3 of 4
6. City officials shall photograph the Camping Site prior to the
removal of property and provide a general description of items disposed of due
to their lack of apparent utility or unsanitary condition.
7. Weapons, drug paraphernalia and items that appear to be
either stolen or evidence of a crime shall be turned over to the appropriate law
enforcement officials.
B. Following the removal of homeless individuals from a Camping Site
on public property, the law enforcement officials, local agency officials and
outreach workers may meet to assess the notice and removal policy, to discuss
whether removals are occurring in a humane and just manner and to determine
if any changes are needed in the policy.
C. The teen+"_f^, r (24) h s rv(:)nl ° Ilwo (72) ')our Camping Site
Removal Notice shall not apply:
1 . When there are grounds for law enforcement officials to
believe that illegal activities other than camping are occurring.
2. In the event of an exceptional emergency such as possible site
contamination by hazardous materials or when there is immediate danger to
human life or safety.
D. A person authorized to issue a citation for Unlawful Camping on
Public Property may not issue the citation if the citation would be issued within 200
feet of the notice described in this section and within two hours before or after
the notice was posted.
Section 4. Enforcement.
A. Unlawful Camping on Public Property in violation of this
Ordinance constitutes a Class 3 Civil Infraction subject to forfeiture not to
exceed $250.
B. Recognizing the need for humane treatment of homeless
individuals Unlawfully Camping on Public Property, the City Council, as an
alternative to a Civil Infraction citation under section 4A, authorizes summary
abatement of the unlawful Camping Sites pursuant to the procedures
provided in this Ordinance.
C. This Ordinance is cumulative to other City Ordinances and
regulations and should be construed consistent with these other enactments.
Page - 3 - Council Bill No. 3120
Ordinance No. 2578
Attachment A
Page 4 of 4
Section 5. Emergency Clause. This Ordinance being necessary for the
immediate preservation of the public health, safety and welfare, so that the
Camp Site removal policy required by state law can be implemented without
delay, an emergency is declared to exist and this Ordinance shall take effect
immediately upon passage by the City Council and approval by the Mayor.
Approved as to form:
City Attorney Date
Approved:
Eric Swenson, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page - 4 - Council Bill No. 3120
Ordinance No. 2578