Chapter 12.08
CAMPING ON PUBLIC PROPERTY
Sections:
12.08.050 Penalties and enforcement.
12.08.010 Title.
This chapter shall be known as the camping on public property ordinance of the city of Culver. [Ord. 23-04 § 1, 2023.]
12.08.020 Purpose.
It is found and declared that:
A. From time to time, persons establish campsites on sidewalks, public rights-of-way, under bridges, and so forth;
B. Such persons, by such actions, create unsafe and unsanitary living conditions which pose a threat to the peace, health, and safety of themselves and the community;
C. Camping, lying, or sleeping on a playground or sports field fundamentally undermines the public’s ability to use that public property for its intended purpose;
D. Camping, lying, or sleeping on rights-of-way, or in a manner that obstructs sidewalks, prevents the public’s ability to use that public property for its intended purpose and can in some situations result in imminent threats to life;
E. These regulations are meant strictly to regulate the use of publicly owned property, and are not intended to regulate activities on private property; and
F. The enactment of these provisions is necessary to protect the peace, health, and safety of the city of Culver and its inhabitants. [Ord. 23-04 § 2, 2023.]
12.08.030 Definitions.
As used in this chapter, the following terms and phrases shall have the meaning set forth herein:
“Camp” or “camping” means to pitch, erect, create, or occupy camp facilities for the purpose of habitation, as evidenced by the use of camp paraphernalia.
“Camp facilities” includes, but is not limited to, tents, bivouacs, huts, other temporary or portable shelters, and vehicles or recreation vehicles as defined by Oregon law.
“Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or other sleeping material, or noncity-designated cooking facilities and similar equipment.
“Campsite” means any place where one or more persons have established temporary sleeping accommodations by use of camp facilities and/or camp paraphernalia.
“City recorder” means the Culver city recorder, or the city recorder’s designee.
“Motor vehicle” means a vehicle that is self-propelled or designed for self-propulsion.
“Park areas” means each and every park established in the comprehensive plan, zoning ordinance and established by the city of Culver, the state of Oregon, or the United States of America or organizations for public use in the city of Culver or within its urban growth boundaries.
“Parking lot” means a developed location that is designated for parking motor vehicles, whether developed with asphalt, concrete, gravel, or other material.
“Public property” means any real property or structure owned, leased, or managed by a public agency, including public rights-of-way and utility easements.
“Recreational vehicle” means a vehicle with or without motive power that is designed for use as temporary living quarters and as further defined by rule by the Director of Transportation.
“Store” or “storage” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. [Ord. 23-04 § 3, 2023.]
12.08.040 Prohibited camping.
This section’s regulations are meant strictly to regulate the use of public property within the city of Culver and are not intended to regulate activities on private property.
A. Except as expressly authorized by the city of Culver Municipal Code, it shall be unlawful for any person to establish or occupy a campsite at any time on the following public property:
1. All park areas, except as specifically authorized.
2. All publicly owned or maintained parking lots.
3. On sidewalks in a manner reducing the clear, continuous width of less than five feet.
4. All publicly owned property located within and adjacent to the following zoning districts:
a. Any and all residential zones in the city of Culver.
b. Within 500 feet of any park area.
c. All publicly owned property within 500 feet of the BNSF rail line or facilities.
d. All publicly owned property within 500 feet of Culver public works sites.
B. Except as expressly authorized by the city of Culver Municipal Code, it shall be unlawful for any person to camp or maintain a campsite on any public property during the hours of 7:00 a.m. to 9:00 p.m.
C. Except as expressly authorized by the city of Culver Municipal Code, it shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, on any public property during the hours of 7:00 a.m. to 9:00 p.m.
D. Except as expressly authorized by the city of Culver Municipal Code, it shall be unlawful to knowingly leave personal property unattended on public property during the hours of 7:00 a.m. to 9:00 p.m. Personal property left unattended may be removed and disposed by the city, in accordance with Oregon law, if:
1. The property poses an immediate threat to public health, safety or welfare; or
2. The property has been posted with a written notice in accordance with Oregon law.
E. Notwithstanding the provisions of this chapter, the city recorder or designee may temporarily authorize camping or storage of personal property by written order that specifies the period of time and location:
1. In the event of emergency circumstances;
2. In conjunction with a special event permit; or
3. Upon finding it to be in the public interest and consistent with city council goals and policies.
F. A person or persons camping in a vehicle or recreational vehicle must adhere to parking regulations of the city of Culver.
G. Any property removed by the city shall be held and disposed of pursuant to Oregon law if not claimed within 30 days after removal.
1. Individuals may claim their property, without a fee, by contacting the city recorder within 30 days.
2. Items that have no apparent utility or are in unsanitary condition may be immediately discarded.
3. Weapons, controlled substances other than prescription medication and items that appear to be either stolen or evidence of a crime shall be retained and disposed of by the city in accordance with applicable legal requirements for the property in question. [Ord. 23-04 § 4, 2023.]
12.08.050 Penalties and enforcement.
A. Violation of any provision of this chapter is punishable by a fine not less than $50.00 nor more than $250.00 for the first offense, and for the second and subsequent offenses, not less than $100.00, nor more than $1,000.
B. Each day that a violation occurs will be considered a separate offense.
C. In addition to any other penalties that may be imposed, any campsite used for overnight sleeping in a manner not authorized by this chapter or other provisions of this code shall constitute a public nuisance and may be abated in accordance with Oregon law. [Ord. 23-04 § 5, 2023.]