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Ordinance No. 94-20 CITY OF TIGARD w ORDINANCE NO. AN ORDINANCE AMENDING TITLE 7 OF THE TIGARD MUNICIPAL CODE BY ADOPTING CHAPTER 7.80, CAMPING PROHIBITED IN CERTAIN PLACES AND DECLARING AN EMERGENCY. WHEREAS, the City of Tigard finds that it is in the best interest of the public peace, safety and health to prohibit camping in publicly accessible places; and WHEREAS, the City of Tigard finds that camping in prohibited places is a nuisance, and WHEREAS, the City of Tigard wishes to abate illegal campsites in a manner which provides notice of the abatement and an opportunity to retrieve items of personal property; WHEREAS, the City is willing to abate such nuisances; now, therefore: Auk 1p THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 7,80 of the Tigard Municipal Code shall read as 'follows: Section 7.80,010 Definitions. As used in this Chapter: (1) 1°to camp" means to set up, or to remain in or at, a campsite. (2) 01campsite10 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. (3) 1tpersonal property" means items which are reasonably recognizable as belonging to individual persons and which have apparent, utility. Page 1 Ordinance No. alb a (4) "junk" means items which have no apparent utility or are in an unsanitary condition. SS on 7.go,o2o Camaina prohibited in Certain Places. It is unlawful for any person to camp in or upon any sidewalk, street, alley, lane, public right of way, transit facility or bus shelter, or any other place to which the general public has access, or under any bridgeway or viaduct, unless otherwise specifically authorized by this City or by declaration by the Mayor in emergency circumstances. Nothing in this chapter shall prohibit the use of designated picnic areas of public property for cooking, or prohibit camping by permit authorized by the City Administrator or designee. Section 7.80.030 Scheduling and lNotice onf Qamjpgitg Cleanuu. (1) Cleanup of illegal campsites will be scheduled on an as-needed basis by the Chief of Police ,or a designee. Cleanups at sites where permanent signs are posted, as described in Subsection 2 of this section, cannot occur any more AVIL frequently than once every ten (10) days except as provided otherwise herein. (21 In locations where campsites are regularly established, permanent signs may be posted announcing that personal property will be removed and stored. once the permanent sign is erected, :io further notice is required in order to cleanup illegal campsites in the area. In areas where no permanent sign is posted, notice will be pasted and distributed in the area of the scheduled cleanup at least twenty--four (24) hours before the cleanup. (3) Notwithstanding subsections (1) and (2) of this section, cleanup of campsites on both public and private property and regardless of the existence of a permit, where the following conditions exist, as determined by the Chief of Police or his or her designee, may take place, as necessary, without notice: (a) conditions which are unsanitary or cause offensive odors, such that an immediate threat to public health exists; and Page 2 Ordinance No. ��•�� (b) conditions of illegal.activity. (4) At the time of the cleanup, written notice will be posted and distributed announcing the telephone number where information on picking up the stored property can be obtained during normal business hours. (5) Written notices, including permanent signs, will be in both English and Spanish. Section 7 80.040 Removal. Storage and Retrieval of Personal Property. (1) Personal property as defined by this Chapter, will be separated during cleanups from junk. Junk will be immediately discarded. Items of personal property will be turned over to the Police Department and stored. The personal property shall be stored for no less than ten (10) days, during which time it will be reasonably available to persons claiming ownership of the personal property. (2) The Police Department shall arrange in advance for a location to store personal property. The storage facility should be reasonably secure. The sccation should be reasonably accessible to the cleanup area and preferably servad by public transportation. (3) Any personal property that remains unclaimed for ten (10) days after the cleanup shall be disposed of or sold. Such disposal or sale shill take place pursuant to Section 2.52.030 of this code, except that the items need not be held for the 90 day period described therein. (4) Weapons drug paraphernalia, and items which reasonably appear to be either stolen or evidence of a crime may be retained by the Police Department. Section 7.80.0.50 Camping in Railroad :<iaht of Way. The City has the authority to abate illegal camping located in a railroad right of way provided that the City has been given such authority by the owner cf the railroad property. Section 7 80.060 Violation. Violation of this chapter is a nuisance affecting public health as Page 3 ordinance No. y ® described in section 7.40.030(b) of this code. Such violation is a Class 1 civil infraction and may be processed under chapter 1.16, Civil Infractions. Section 7.80.070 Nonexclusive-Rem dy. The remedy described in this Chapter shall not be the exclusive remedy of the City for the acts described herein. SECTION 2: Because prompt implementation of this ordinance is necessary for the peace, health, and safety of the people of the City of Tigard, an emergency is declared to exist, and this ordinance is effective upon its passage by the Co►ancil. PASSED: By U vote of all Council members present after being read by number and title only,9 this . C)t-h day of , 1994. 0-0,th Catherine Wheatley, City R corder •. 4- APPROVED: This day of , 1994. r ;/P1 Schwartz, MayoApproved as to form: City Attc-rn 4/ 19,1 Date tkw\ach\90024\camping.or6 Page 4 �/ Ordinance No. 9y'•.10