Ordinance No. 23-07 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 23-0 7
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE SECTION 7.80.030.D.5 REGARDING
PROHIBIFhD FIRES
WHEREAS,the Tigard City Council adopted Ordinance 23-03 on May 23, 2023, establishing reasonable time,
place,and manner restrictions on camping within the City;and
WHEREAS,Council directed staff to review the ordinance every six months;and
WHEREAS, community service providers are distributing food that requires heat preparation for houseless
community members; and
WHEREAS, the ability of houseless community members to consume warm or cooked food should be
considered in evaluating the overall reasonableness of the City's regulations;and
WHEREAS, based on community input and Council direction, the City wishes to remove the prohibition on
cookstoves from the City's code.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Section 7.80.030.D is amended as follows (additional text in underline
and deleted text in ctrikethrough):
5. A person without available shelter may not:-{a}start or maintain any fire for the purpose
of burning any combustible material in or around a campsite_ ; or (b) use a gas hcatcr
in or around a campsite.
SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
PASSED: By ZGWr vote of all council members present after being read by number and
title only, this a`l" day of .0e246‘t� ,2023
Carol A.Krager,City Rec rdt5 er
APPROVED: By Tigard City Council this 9'4 day of OCAtiY (N ,2023.
cc/
Heidi Lueb,Mayor
Approved as to form:
ORDINANCE No. 23-07
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City Att rney
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Date
ORDINANCE No. 23- 07
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Exhibit A
Tigard Municipal Code Chapter 7.80
Prohibited Camping
7.80.010 Definitions.
"Available shelter"means a shelter that has space for a person experiencing homelessness. A shelter is not
available if the shelter:
1. Is at capacity and does not have space to accommodate the person experiencing homelessness;
2. Has a maximum stay rule or temporal requirement or deadline the person has exceeded
or not met;
3. Has excluded the person from the shelter for any lawful reason;
4. Cannot reasonably accommodate the person's mental health or physical needs;
5. Is unavailable due to the person's family status,age,gender,gender identity, sexual
orientation, or other status;
6. Is unavailable to the person because the shelter has rules about alcohol or
drug use that the person does not meet;
7. May prohibit a minor child to be housed in the same facility with at least one parent or
legal guardian;
8. Requires participation in religious activity or receipt of religious information or religious
teaching the person does not wish to participate in or receive; or
9. 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.
"Camp"means to set up or remain in or at a campsite for the purpose of establishing or maintaining a permanent
or temporary place to live.
"Camp materials"may include,but are not limited to, tents,huts,awnings,lean-tos,chairs,tarps or tarpaulins,
cots, beds, sleeping bags, blankets, mattresses, sleeping or bedding materials, food or food storage items, or
similar items that are or appear to be used as living or sleeping accommodations, or to assist with living or
sleeping activities.
"Campsite"means any place where the use of any tent,lean-to,shack,or other structure is placed,established,or
maintained for the purpose of maintaining a permanent or temporary place to live and includes all camp materials.
"City park" means any parkland, public parkways, public squares, trails, greenways, playgrounds, and other
recreation areas, whether publicly or privately owned, dedicated, leased, or otherwise set aside for public use
and not under the supervision or control of any other public agency.
"Freeway" means a highway for through traffic where access to the highway is fully controlled except as may be
allowed at designated interchanges and includes Interstate 5 and Highway 217.
"Person experiencing homelessness"means a person who lacks a fixed,regular,and adequate nighttime residence.
"Person without available shelter" means a person experiencing homelessness and who does not have access to
available shelter.
ORDINANCE No. 23- 0
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"Property where homeless services are provided" means any property where regular, direct services to persons
experiencing homelessness are provided or have been provided in that calendar year. Such services include,but
are not limited to service of food prepared on-site or offsite,showering or bathing,storage for personal property,
case management, or laundry facilities.
"Right-of-way" means an area that allows for the passage of people, goods, or utilities. Right-of-way may
include freeways,pedestrian connections,and streets.A right-of-way may be dedicated or deeded to the public
for the public use or owned by the City or other public body.
"Shelter facility"means a building that provides, or has provided in that calendar year, emergency shelter on a
temporary basis for individuals and families who lack permanent housing.
7.80.020 Prohibited Camping.
It is unlawful for any person to camp in or upon any right-of-way or City park,unless specifically authorized by
this Chapter or by local emergency declaration.
7.80.030. Time, Place, and Manner Regulations.
A. A person without available shelter may camp only if all of the following time, place, and manner
regulations are met.
B. Time Regulations.A person without available shelter may camp between the hours of 7 p.m. and 9 a.m.
After 9 a.m., a person without available shelter must dismantle the campsite and remove all personal
property and camp materials from the campsite.
C. Place Regulations. A person without available shelter may not camp in the following places at any time:
1. Within any environmentally sensitive lands,as defined by the Tigard Community Development
Code.
2. Within any City parking lot.
3. Within any City park.
4. Within 500 feet from a shelter facility or a property where homeless services are provided.
5. Within 500 feet from a public or private elementary school, secondary school, or career school
attended primarily by minors.
6. Within 500 feet from an egress or ingress to a freeway.
7. Within any vision clearance area, as defined by Tigard Community Development Code Chapter
18.930.
8. On SW Main Street, SW Burnham Street, SW Commercial Street, or SW Tigard Street between
SW Main Street and SW Tiedeman Ave.
ORDINANCE No. 23-(j?
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D. Manner Regulations. A person without available shelter may camp if the person without available shelter
complies with all of the following manner regulations:
1. A campsite or camp materials may not obstruct that portion of the sidewalk, multi-use path or
pedestrian path in a manner that results in less than 36 inches of unobstructed width for
passage as required by the Americans with Disabilities Act.
2. A campsite or camp materials may not obstruct any portion of any street, bike lane, or bike
path intended for travel for vehicle,bicycle,pedestrian or other legal mode of travel or
impair unobstructed use thereof.
3. A campsite or camp materials may not create a physical impairment to pedestrian ingress and
egress,including within 10 feet of driveways or 10 feet of entrances or exits from buildings.
4. A camp or camp materials may not create a physical impairment to emergency ingress or
egress or emergency response including within 10 feet of any fire hydrant, utility pole, or
other utility, fire gate/bollards, or public infrastructure used for emergency response.
5. A person without available shelter may not(a)start or maintain any fire for the purpose of burning
any combustible material in or around a campsite;or(b) use a gas heater in or around a campsite.
6. A person without available shelter may not accumulate, discard, or leave behind in or around a
campsite (a) any rubbish, trash, garbage, debris, or other refuse; (b) any unsanitary or hazardous
materials;or(c) any animal or human urine or feces.
7. A person without available shelter may not erect, install, place, leave, or set up any type of
permanent or temporary fixture or structure of any material or materials in or around a campsite.
For purposes of this subsection,a"permanent or temporary fixture or structure"does not include
a tent, tarpaulin, or other similar item used for shelter that is readily portable.
8. A person without available shelter may not dig, excavate, terrace soil, alter the ground or
infrastructure, cause environmental damage, or damage vegetation or trees in or around the
campsite.
9. A campsite must be limited within a spatial footprint of 12 feet by 12 feet,or 144 square feet,
and a campsite may not be within 20 feet of another campsite. Multiple persons without
alternative shelter may camp together in a single campsite, subject to the limitations of this
subsection.
10. Unauthorized connections or taps to electrical or other utilities, or violations of building,fire,
or other relevant codes or standards, are prohibited.
11. Obstruction or attachment of camp materials to public infrastructure or private property
structures, including bridges or bridge infrastructure, fire hydrants, utility poles, streetlights,
traffic signals, signs, fences, trees,vegetation,vehicles or buildings is prohibited.
7.80.040 Violation.
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A. Violation of this Chapter is punishable as follows:
1. Class 3 civil infraction;
2. Citation in lieu of arrest for criminal trespass in the second degree; or
3. Arrest for criminal trespass in the second degree.
B. A civil infraction or citation in lieu of arrest issued pursuant to Section 7.80.040(A)(1) or (2) may be
accompanied by an order of exclusion for up to 60 days.
C. An arrest for criminal trespass pursuant to Section 7.80.040(A)(3) may be accompanied by an order of
exclusion for not more than 180 days.
D. Nothing in this Section is intended to prescribe any particular or order of violation or penalty.A
police officer has discretion to impose a violation tailored to the circumstances and necessary to
maintain the health and safety of persons experiencing homelessness and the community.
ORDINANCE No. 23-0 7
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