Chapter 8.65
HB 3115 – Martin v. Boise
Sections:
8.65.060 Camping prohibited upon City property.
8.65.070 Designated space and rules.
8.65.090 Method of financing and operating.
8.65.010 Purpose and scope.
The State of Oregon has codified the United States Ninth Circuit Court’s ruling on the Martin v. Boise case. The State’s decision to codify this case into law unduly burdens municipalities by delegating requirements for a specific class of people that places significant financial obligations and other responsibilities onto municipalities. By the State adopting code and mandating implementation for this purpose, the State is violating the Oregon Constitution, Article 1, Section 20. The State has allowed municipalities to pass time, place, and manner ordinances to comply with this unfunded mandate that comes into full effect of law starting July 1, 2023. [Ord. 799, 2023.]
8.65.020 Definitions.
For purposes of this section, the following words and phrases shall mean:
“Camping materials” includes, but is not limited to, tents, huts, awnings, lean-tos, chairs, tarps, collections of personal property and/or similar items that are, or reasonably appear to be, arranged and/or used as camping accommodations.
“Campsite” means a location upon city property where camping materials are placed.
“City property” includes, but is not limited to, parks, rights-of-way, parking lots, easements, or other land owned, leased, controlled, or managed by the City.
“Designated space” means City-owned public property.
“Personal property” means any item that can reasonably be identified as belonging to an individual and that has apparent value or utility.
“Riparian areas” means a boundary of 200 feet from the Calapooia River or any other water tributary of the Calapooia River.
“To camp” means to occupy a campsite for over 24 hours.
“Unlawful campsite” means a location where a person unlawfully places onto private or public property any bedding, sleeping bag, or other sleeping matter; any stove or fire; and/or any structure such as a hut, lean-to tent, or other temporary structure for the purpose of camping.
“Vehicles” means any car, truck, recreational vehicle or other mode of transportation whose primary purpose is to transport persons. [Ord. 799, 2023.]
8.65.030 Powers and duties.
A. The powers, duties and responsibilities of the City shall not be further limited or defined that would cause the City to incur any financial, expertise, or liability burden as follows:
1. By the State of Oregon;
2. By City/County Insurance Services (CIS) or other insurance or agent used by the City of Brownsville;
3. By any nonprofit or other special interest group.
B. It shall be the duty of the State of Oregon to provide grant funding for this undue burden caused by this unfunded mandate. The City of Brownsville does not have the financial wherewithal or personnel to address this matter as mandated. [Ord. 799, 2023.]
8.65.040 City Administrator.
A. The City Administrator shall have all authority to address both routine and unforeseen issues as they arise concerning these matters.
B. The City Administrator shall maintain a record of all issues and file a report to Council on each matter. [Ord. 799, 2023.]
8.65.050 Vehicles.
A. Persons are only allowed to sleep in vehicles including cars, trucks, or recreational vehicles on private property as allowed by local law provided they have expressed consent from the private property owner.
B. Persons are not allowed to sleep in vehicles including cars, trucks, or recreational vehicles on City-owned public property.
C. Abandoned recreational vehicles shall become the property of the State of Oregon, and any associated costs to abate, remove or dispose of an abandoned recreational vehicle shall be billed to the State of Oregon. [Ord. 799, 2023.]
8.65.060 Camping prohibited upon City property.
A. It is unlawful for any person to camp upon City property unless otherwise authorized by law or by declaration of the City Administrator.
B. Unless otherwise authorized by law or by declaration of the City Administrator, it is unlawful to establish a campsite for any period of time at the following locations:
1. Brownsville Community Library and adjacent sidewalks, 146 Spaulding Avenue;
2. Central Linn Recreation Center and adjacent sidewalks, 145 Park Avenue;
3. Kirk’s Ferry Park;
4. Blakely Park;
5. Remington Park;
6. Downtown restroom located on Spaulding Avenue;
7. Any publicly owned sidewalks except for those identified for use by the City Administrator;
8. Publicly owned parking lots on any public property including Pioneer Park, City Hall, downtown parking lot on Spaulding, all parking areas with public parks, and other location not expressly mentioned herein;
9. Sewer Treatment Plants, both North and South; and
10. Water Treatment Plant, 200 Park Avenue.
C. At least once every 12 hours an individual that has placed a campsite, camping materials or personal property on City property must relocate. [Ord. 799, 2023.]
8.65.070 Designated space and rules.
A. City-owned public property that has been designated for laying and resting shall be subject to the following rules, guidelines, and conditions:
1. Laying and resting is allowed on a daily basis from the hours 9:00 p.m. to 7:00 a.m. on the sidewalk marked in front of City Hall.
2. No camping, loitering, or use of any public property is allowed unless the public property allows a permit for camping. Any camping shall be permitted, fees paid, and rules observed for use.
3. Laying, resting and camping is prohibited in all City-owned parks that do not offer a permit.
4. The City is not responsible for any loss of property, injury, or any other claim resulting from the use of any public property used for laying and resting.
5. Any injury suffered by City personnel or damage to equipment or cleanup of any designated space identified through this chapter will be billed to the State of Oregon.
B. Any person in need of social services should contact Linn County for programs and services offered through Linn County and the State of Oregon.
C. Camping in riparian areas is strictly prohibited.
D. Regulations governing use of designated spaces or unlawful camping include but are not limited to the following rules:
1. Persons using any property in the City whether or not a permit fee has been paid shall be subject to the rules herein and if ordered to leave a property due to violating a rule or regulation within this chapter, is subject to fee and/or privilege forfeiture by the City.
2. No person shall camp overnight, except in areas specifically designated and permitted by the City.
3. No person shall park a pickup-mounted or truck-mounted camper, camp trailer, motor home, or other camp unit in places other than those provided and designated for such purposes unless the person has obtained a permit or permission from the City authorizing such use.
4. No person shall engage in unlawful camping within the City.
5. No person shall allow any animal in the person’s custody to annoy or molest any person or other pet.
6. All persons shall pick up and properly dispose of their domestic animal’s waste while visiting any property within the City.
7. No person shall build, light, or maintain any fire except in a stove, pit or fireplace especially designated for such purpose; provided, however, that a person may use a portable gas, gasoline, charcoal, or oil camp stove if the portable gas, gasoline, charcoal, or oil camp stove is in a safe operating condition and used in a manner so as to not start a fire.
8. No person shall pick, mutilate, dig or remove any plant, whether living or dead, or in any way deface, mutilate, burn, destroy or defile any tree or plant within the limits of such areas.
9. No person shall alter, deface, mutilate or destroy any trail, road, parking lot, bridge, fence, building, sign, barrier, or other facility or structure.
10. No person shall discharge, set off, explode, or burn any fireworks, firearm, air, CO2, or spring-actuated rifle or pistol, slingshot, arrow, or other similar devices designed or used to propel a projectile, in or over any property in the City. Such activities are strictly reserved to City authorized personnel.
11. No person shall throw rocks, sticks, or other objects which may endanger the safety of any other person.
12. No person shall use abusive, threatening, obscene, or indecent language or gestures in a manner which causes a public nuisance.
13. No person shall fight, promote, instigate, or encourage fighting or similar violent conduct which would threaten the physical well-being of any person.
14. No person shall commit the act of public indecency as defined in ORS 163.465.
15. No person shall cause, attempt to cause, or bring about any disturbances that create a public nuisance.
16. No person shall, within the City, refuse to disclose that person’s identity to City personnel or law enforcement officer who requests such information.
17. No person shall obstruct, harass, or interfere with the official duties of City personnel or a law enforcement officer.
18. No person shall deposit any rubbish, garbage, glass or other litter except in receptacles designated for that purpose.
19. No person shall remove items from containers designated for recyclables, garbage, sewage, or waste.
20. No person shall dump household or commercial garbage. [Ord. 799, 2023.]
8.65.080 Private property.
A. No person shall be permitted at any time to lay, rest or camp on sidewalks abutting private property, including businesses, due to the property liability implications associated with such a practice. The City shall not create an undue burden for private residences and private business owners.
B. Persons loitering near private residences and private business are subject to trespass and removal from the property.
C. Any personal property or rubbish shall not be allowed to be placed on or along sidewalks and/or pathways. The City retains the right to dispose of any such materials as deemed necessary by the City Administrator. [Ord. 799, 2023.]
8.65.090 Method of financing and operating.
The City of Brownsville does not have the financial ability to operate the requirements of this unfunded mandate imposed by the State of Oregon. The City has made time, place and manner guidelines as allowed by law. [Ord. 799, 2023.]