Ord. 2577-B - Prohibiting Camping in Public Rights-of-Way; Providing Enforcement COUNCIL BILL NO. 3119
ORDINANCE NO. 2577
AN ORDINANCE PROHIBITING CAMPING IN PUBLIC RIGHTS-OF-WAY; PROVIDING
FOR ENFORCEMENT; AND DECLARING AN EMERGENCY
WHEREAS, the City does not currently have a specific prohibition on
camping in Public Rights-of-Way; and
WHEREAS, the City believes that it is in the interest of public health and
safety to prohibit camping in Public Rights-of-Way; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Purpose. This Ordinance is adopted pursuant to the City's
police powers as set forth in the Oregon Constitution and the Woodburn Charter
for the following purposes:
A. To protect public health and safety.
B. To maintain and safeguard the use of Public Rights-of-Way, which the
City holds in frust for the public
C. To protect the constitutional rights of all individuals.
D. To avoid the creation of public nuisances.
Section 2. Findings. The City makes the following findings:
A. Camping on Public Rights-of-Way threatens the safety and welfare of
all pedestrians, with the greatest impact on those pedestrians who are elderly or
young children or who have physical and mental disabilities.
B. Camping on Public Rights-of-Way is dangerous to the individuals who
are camping and constitutes a public safety hazard.
C. Camping on Public Rights-of-Way can be dangerous to drivers and
constitutes a public safety hazard.
D. Camping on Public Rights-of-Way can obstruct and delay public
safety personnel responding to emergencies.
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Ordinance No. 2577
E. The accumulation of trash, uncontained food and human waste
related to camping in Public Rights-of-Way, is detrimental to safety and public
health.
Section 3. Camping on Public Property and Rights-of-Way. It shall be
unlawful for any person or persons to camp on Public Rights-of-Way within the
City.
Section 4. Definitions.
A. "To Camp" means to set up, or remain in or at, a Campsite for the
purpose of establishing or maintaining a temporary place to live.
B. "Campsite" 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 Campsite includes any place
where there is a tent, or any structure or assembly of materials consisting of a top
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.
C. "Public Rights-of-Way" means and includes, but is not limited to, the
space in, upon, above, along, across, over or under the public streets, roads,
highways, lanes, courts, ways, alleys, boulevards, bridges, trails, paths, sidewalks,
bicycle lanes, public utility easements, and all other public ways or areas,
including the subsurface under and air space over these areas, but does not
include parks, parkland or other City property not generally open to the public for
travel.
Section 5. Enforcement.
A. A violation of this Ordinance is declared a public nuisance under
Ordinance 2338 (the Nuisance Ordinance). Due to the public health and safety
concerns stated in the Ordinance Findings, the City Council directs the summary
abatement of Campsites in Public Rights-of-Way, subject to applicable state
statutes.
B. This Ordinance is cumulative to other City Ordinances and
regulations and should be construed consistent with these other enactments.
Section 6. Emergency Clause_ This Ordinance being necessary for the
immediate preservation of the public health, safety and welfare, so that the
public health and safety concerns related to camping in Public Rights-of-Way
can be immediately addressed, an emergency is declared to exist and this
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Ordinance No. 2577
Ordinance shall take effect immediately upon passage by the City Council and
approval by the Mayor,
Approved as to form: L? -1-7- 2p'020
City Attorney Gate
Approved:
Eric Swenson, Mayor
Passed by the Council
Submitted to the Mayors "? C)--z'
Approved by the Mayer ., Q - 2,b-Z-2
Filed in the Office of the Recorder -C)1 0 7 „
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
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Ordinance No. 2577