HomeMy WebLinkAboutOrdinance No. 26-09 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 26- O°%
AN ORDINANCE PROHIBITING CAMP MATERIALS ON CITY PROPERTY AND RIGHT-OF-WAY AND
DECLARING AN EMERGENCY
WHEREAS,the City of Tigard regulates the time, place,and manner of camping on City properties and rights-
of-way in Tigard Municipal Code (TMC) Chapter 7.80;and
WHEREAS, current regulations in TMC 7.80 have been insufficient to regulate growing issues around the
presence of camp materials on the sidewalk adjacent to the Public Works building,which has created health
and safety issues for the public and those individuals camping on the Public Works lawn; and
WHEREAS, these amendments to TMC 7.80 do not change camping regulations in the City, only the
treatment of camp materials on City properties and rights-of-way.
NOW,THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code Chapter 7.80 is hereby amended as shown in Exhibit A (new text
in underline,deleted text in arikethrough).
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 being necessary for the preservation of the public peace, health, and
life safety, an emergency is declared to exist and this ordinance will be effective April
22, 2026.
PASSED: By man immi S vote of all council members present after being read by number
and title only,this 21a day of April , 2026
indsay Bartholomew, Deputy City Recorder
ORDINANCE NO. 26- 09
Page 1
APPROVED: By Tigard City Council this 'l-1 day of Apr I% , 2026.
. -)4.1
Yi- ng Hu, Mailbr
Approved as to form:
/4-
City orney
Date
ORDINANCE NO. 26- 09
Page 2
Exhibit A
7.80.010 Definitions.
1—
27—Has a maximum stay rule or temporal requirement or deadline the person has
e— ;
+—Cannot reasonably accommodate the person's mental health or physical needs;
6—Is unavailable to the person because the shelter has rules about alcohol or drug use
Ore-the-pets-err eferes-rret-meet
7:—
being houscd in the same facility with at least one parent or legal guardian;
&—
teaching the person does not wish to participate in or receive; or
', —Requires a person to leave their pet(s)unattended in order to stay at the shelter.This
"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.
ORDINANCE NO. 26- Oi1
Page 3
"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.
"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.
"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 property, unless
specifically authorized by this chapter or by local emergency declaration.
7.80.030 Time, Place,and Manner Regulations.
A. A person may camp only if all of the following time, place, and
manner regulations are met.
B. Time Regulations.A person may camp between the hours of 7
p.m. and 8 a.m.After 8 a.m., a person must dismantle the
campsite and remove all personal property and camp materials from the campsite.
C. Place Regulations.A person 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. Except for camping on the lawn of the public works property,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.
ORDINANCE NO. 26- Oc1
Page 4
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 building or beyond any
boundary indicated by fencing.
D. Manner Regulations.A person
camping during the time allowed under subsection B must
comply 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 48 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 may not start or maintain any fire for the purpose
of burning any combustible material 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 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 may not dig, excavate,terrace soil, alter the
ground or infrastructure, cause environmental damage, or damage vegetation or
trees in or around the campsite.
ORDINANCE NO. 26-Oct
Page 5
9. A campsite must be limited within a spatial footprint of 12 feet by 12 feet, or 144
square feet and, except for camping on the lawn of the public works property, a
campsite may not be within 20 feet of another campsite. Multiple persons without
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.
F. Camp Materials. A person may not leave or maintain camp materials on any City property
or right-of-way. This prohibition does not apply to:
1. Camp materials that a person is actively moving or that are on their person; or
2. Camp materials on the Public Works lawn during the time specified in subsection B.
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.
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.26-O9
Page 6