Ord. 2578 - Develop a Policy for Removal of Camping Sites on Public Property 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 Campina on Public Property. It is unlawful for any
person to camp in or upon public property for more than twenty-four (24) 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, except that unauthorized overnight
camping on City parks or park facilities is governed by Ordinance 2060.
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
or root 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.
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Ordinance No. 2578
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, twenty-
four (24) hours in advance of removal. If law enforcement officials determine that
circumstances warrant an extension of time for removal to ensure humane
treatment, the law enforcement officials may extend the notice time up to
seventy-two (72) hours in advance of removal.
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 twenty-four (24) 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 in a
conspicuous place in the general vicinity of the Camping Site and made to be
weather resistant. The unclaimed Personal Property shall be stored for 30 days
from the removal date 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.
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.
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Ordinance No. 2578
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 official's 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 twenty-four (24) hour Camping Site Removal Notice shall not
apply:
I . 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.
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
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Ordinance No. 2578
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- 2-0
City AttorneyIDA
Approved:
Eric Swenson, Mayor
Passed by the Council e 4)
Submitted to the Mayor
'Z-77-o-Z�I
Approved by the Mayor kj �
Filed in the Office of the Recorder
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
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Ordinance No. 2578