Loading...
Ordinance No. 23-03 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 23- 03 AN ORDINANCE PROHIBITING AND REGULATING CAMPING IN THE CITY OF TIGARDf as �rnen I€d WHEREAS,houselessness is a critical concern in the Tigard community and the Tigard City Council has adopted as a Council goal`Reduce Houselessness'through compassionate care for all community members;and WHEREAS, the court decisions Martin v. Boise and Johnson v. Grants Pass held that prohibiting camping in the absence of available shelter violates a person's Eighth Amendment rights against cruel and unusual punishment, but that a municipality may adopt reasonable time,place,and manner regulations; and WHEREAS, Oregon House Bill 3115 (2021) codified the Boise decision and required all local government regulation of sitting, lying, sleeping, or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time,place,and manner prior to July 1,2023;and WHEREAS,the intent of this ordinance is to enhance the livability,including health and safety,for all community members as well as to protect the environment,community assets,and infrastructure of Tigard;and WHEREAS,camping in certain sensitive or high-risk areas creates a danger to the environment,the public, and the persons experiencing homelessness;and WHEREAS, camping on or near certain locations or infrastructure prevents the public's ability to use those locations for their intended purpose and may result in imminent threats to life safety;and WHEREAS,when shelter is not available,this ordinance allows a person to sleep protected from the elements and maintain the essentials for living,while still allowing others to use public spaces in a safe way,as designed and intended. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 7.80, Camping Prohibited in Certain Areas, is hereby repealed in its entirety and replaced with the attached Exhibit A. SECTION 2: Tigard Municipal Code Section 7.52.180,Camping in Sensitive Areas,is hereby deleted. SECTION 3: 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. G 1."•'SSECTION 4: This ordinance shall be effective �1 .. a .. e- ORDINANCE No. 23-03 .:S`-'"'-" S • 71vS oy .sr.cx� Y c.� will �. �"4-cw ` � l` C°V"` Page 1 1z-t. vs-) PASSED: By ll/'efahtoir vote of all council members present after being read by number and title only,this 2 3 rdday of M/49 ,2023 ' 0.4.6-e°' / z Carol A. Krager,City Recorder APPROVED: By Tigard City Council this 23 day of ,2023. Heidi Lueb,Mayor Ap roved as to form: • City orney Date • ORDINANCE No.23-o3 Page 2 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. 23-03 Page 3 "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 g Cam in . p 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. 23-03 Page 4 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. ORDINANCE No. 23-03 Page 5 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-Dom? Page 6