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HomeMy WebLinkAboutOrdinance No. 25-08 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 25-Os AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE CHAPTER 7.80 RELATED TO CAMPING) QS aCMender' WHEREAS, houselessness is a critical concern in the Tigard community and the Tigard City Council has adopted as Council strategy 1.2 "Support housing in the entire Tigard community while addressing the regional crisis of homelessness";and WHEREAS,Tigard City Council has continued to receive community input regarding its camping regulations, along with input from City staff, and; WHEREAS, following discussions by the City Council on August 26 and October 28, 2025, Council directed staff to adjust the hours during which camping is allowed and make additional changes to Tigard Municipal Code Chapter 7.80 to facilitate enforcement and further clarify the regulations. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 7.80, Camping Prohibited in Certain Areas, is hereby amended as shown on the attached Exhibit A (additional text in underline and deleted text in strike gh) SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 3: 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 ?hq ns 0 4s vote of all council members present after being read by number and title only,this 16 4-`'day of Deeen16 er , 2025 Carol A. Krager, City Recordr'� ORDINANCE No.25-)g Page 1 APPROVED: By Tigard City Council this 1 6 1-i`day of /ece Wtte_r , 2025. WZ( Co u hai Ks,`aeit t Wolf Approved as to form: 6-)7 City Attorney CI! Rol Vo c Date ORDINANCE No. 25-0 $ Page 2 Exhibit A §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. Cannot reasonably accommodate the person due to a prohibition onMay-pr-ehibit a minor child being te-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. Exhibit A "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. "Hardscape" means any horizontal surface composed of asphalt, concrete, cement, or brick. "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. "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 off site, 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. program o rated 4 a rofit dedicated top viding hoguselcs "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 citproperty , 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 89 a.m. After89 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. Exhibit A 2. Within any city parking lot. 3. Within any city park. 4. Except for camping on the lawn of the Public Works property Wwithin 500 feet from a shelter facility or a property where homeless services are provide 350 fcct from a afc lot o city p erty 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. 9. On any hardscape on city properties. 10. On the Tigard Public Library property 13225 SW Wall Street property, 11626 SW Pacific Highway property, Senior Center,and City Hall property. 11. Within the bark dust area adjacent to the public works buildingor beyond any boundary indicated by fencing 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 than48 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 start or maintain any fire for the purpose of burning any combustible material in or around a campsite. Exhibit A 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. xcept for camping on the lawn of the Public Works prope tv, a4 campsite must be limited within a spatial footprint of 12 feet by 12 feet, or 144 square feet,en 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. E. Notwithstanding the provisions of this Section 7.80.030, the City Manager, in consultation with the Chief of Police, may suspend enforcement of any provision in this Section for a period of up to 30 days if necessary for the public health or safety. Such suspension may be renewed in increments of 30 days if appropriate. §7.80.040 Violation. 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. Exhibit A 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.