Chapter 9.08
OFFENSES AGAINST PUBLIC ORDER
Sections:
9.08.020 Discharge of weapons.
9.08.030 Urination or defecation in public places.
9.08.040 City response to homelessness.
9.08.045 Humane campsite removal policy and procedures.
9.08.050 Prohibited camping on public property.
9.08.055 Permitted overnight camping/sleeping.
9.08.060 Vehicles injuring animals.
9.08.010 Loitering.
Repealed by Ord. 2012-04. (Ord. 2008-22 § 2; Ord. 88-7 § 5.10)
9.08.020 Discharge of weapons.
A. No person, other than an authorized peace officer, shall fire or discharge a gun or other weapon, including spring-activated or air-activated pellet guns, air guns, BB guns, bows and arrows, or any other weapon which propels a projectile by use of gunpowder or other explosive, jet or rocket propulsion, except at firing ranges approved by the chief of police and the city council.
B. Any weapon or device used in committing a violation of this section shall be confiscated by police and, upon conviction, may be forfeited to the city by order of the municipal court judge.
C. Violation of this section is punishable as a Class A misdemeanor. (Ord. 88-7 § 5.20)
9.08.030 Urination or defecation in public places.
A. No person shall, while in or in view of a public place, perform an act of urination or defecation, except in toilets provided for that purpose.
B. Violation of this section is punishable as a Class C misdemeanor. (Ord. 88-7 § 5.30)
9.08.040 City response to homelessness.
A. Findings and Purpose.
1. ORS 195.500 (formerly ORS 203.077) requires cities and counties to develop a policy that recognizes the social nature of the problem of homeless individuals camping on public property and implement the policy, as developed, to ensure the most humane treatment for removal of homeless individuals from camping sites on public property.
2. In August of 2016, consistent with the prior version of this statute, and following the Ninth Circuit’s 2014 opinion in Desertrain v. City of Los Angeles, the city of Lincoln City adopted Ordinance 2016-18. The ordinance removed the criminal penalty in LCMC 9.08.050 for camping on public property – reducing such offenses to Class E violations. In addition, the ordinance expressly authorized permitted overnight camping in LCMC 9.08.055 and codified the city’s humane campsite removal policy and procedure at LCMC 9.08.045.
3. The city has periodically amended these provisions to stay consistent with changes in state law.
4. The city council for the city of Lincoln City finds and determines that living outside on the Oregon Coast in a vehicle or a tent is not a viable or humane long-term option for persons experiencing homelessness; accordingly, the city council’s efforts have been directed toward development of shelter facilities with supporting programs to provide a path out of homelessness for those who desire it.
5. In 2019 the city acquired real property at 3454 NE Highway 101 and 2201 NE 34th Street in Lincoln City. The city authorized and processed a land use application and received approval from the planning commission for the Helping Hands Transitional Housing facility. Resolution 2020-02 authorized deeding the property to Helping Hands with conditions that the facility be operated for the benefit of Lincoln City’s homeless population. Council authorized both zero interest construction loans and SDC deferrals to facilitate the project. The facility has 63 beds and is expected to be open on or before July 1, 2023.
6. Similarly, the city council approved Resolution 2023-01 authorizing disposition of city property for a tiny home project through Northwest Coastal Housing. This disposition to provide affordable housing options to the city’s homeless population is slated to proceed on terms similar to the Helping Hands transaction.
7. It is the intent of the city council to utilize all existing and potential sources of funding that are made available from federal and state governments for the provision of services and shelter for persons experiencing homelessness.
8. The city’s primary enforcement policy regarding camping in public places by individuals experiencing homelessness is to contact the individual and make a referral to an appropriate shelter facility, be it Helping Hands or other available regional facility. As a fall back to a shelter referral, the city council, by resolution, and city manager, or designee, by administrative order, have preidentified public property (parking spaces and tent sites) where temporary emergency sheltering is permitted with a permit issued by the police department. If a police officer encounters a person engaged in prohibited camping in a public place, whether it is camping in a vehicle or camping with a tent, the officer informs the person that the location is prohibited and offers a referral to the shelter. If shelter space is not available, the officer informs the person that there is a legal place where the person experiencing homelessness can go rest for the night. (Vehicle spaces were identified in Council Resolution 2022-02. Tent spaces are identified in an administrative order.) The officer then issues a permit (over the radio) for the specific individual experiencing homelessness to legally be at one of the preapproved vehicle or tent locations. Spaces are not self-assigned by campers.
9. The city has not elected to generally identify in city ordinance or on its website, particular public properties or types of property (e.g., right-of-way) where camping is outright allowed. Camping is prohibited on public property; temporary emergency sheltering is permitted where the city council by resolution, or the city manager, or designee, by administrative order, have identified property for such temporary emergency sheltering use. Again, such temporary emergency sheltering use is only a back-up to available shelter space.
10. The city has no plans to open up city property for free camping. Lincoln City is a vacation destination; such public designations will be voraciously consumed by vacationers, and therefore not available for persons experiencing homelessness. For example, when the city first discussed in-vehicle overnight resting spaces in discussing Resolution 2022-02, a councilor reported that individuals were calling to “reserve” the free camping spaces. Similarly, when the city manager by emergency order designated seven parking spaces in a city-owned Taft parking lot for emergency overnight resting, the lot filled with vacationers, some with $100,000 mobile homes, seeking a free camping spot. Temporary emergency sheltering spaces (both for vehicle camping and tent camping) are allocated by permit by the police department to persons experiencing homelessness. (Ord. 2023-11 § 6)
9.08.045 Humane campsite removal policy and procedures.
A. Prior to removing a campsite as defined in LCMC 9.08.050, the city shall post a written notice at least 72 hours in advance of removal. If the campsite is a vehicle, tow procedures shall also be observed. All posted notices shall be in English and Spanish. The written notice required must be posted at all entrances to the camping site to the extent that the entrances can reasonably be identified, and state at a minimum:
1. Where unclaimed personal property will be stored;
2. A phone number that individuals may call to find out where the property will be stored; or
3. If a permanent storage location has not yet been determined, the address and phone number of an agency that will have the information when available.
A city enforcement officer shall not issue a citation for violation of LCMC 9.08.050 if the citation would be issued within 200 feet of the notice and within two hours before or after the notice was posted.
B. At the time that a 72-hour notice is posted, the city shall inform a local agency that delivers social services to homeless individuals where the notice has been posted.
C. The local agency may arrange for outreach workers to visit the campsite that is subject to posted removal notice to assess the need for social service assistance in arranging shelter and other assistance.
D. All personal property at the camping site that remains unclaimed after removal shall be given to the police department or to a local agency that delivers social services to homeless individuals, an outreach worker, local agency official or a person authorized to issue a citation (designated city enforcement officer) whether the minimum 72-hour notice is required or not. The property removed from camping sites shall be stored in a facility located in the same community as the camping site from which it was removed. The property shall be stored for a minimum of 30 days during which it shall be reasonably available to any individual claiming ownership. Unclaimed personal property shall be stored in an orderly fashion, keeping items that belong to an individual together to the extent that ownership can reasonably be determined. Any personal property that remains unclaimed for 30 days may be disposed of consistent with state law and city code for disposition of found, lost, unclaimed or abandoned property, as applicable. Unclaimed property may be donated to a 501(c)(3) organization. For purposes of this subsection, “personal property” means any item that can reasonably be identified as belonging to an individual and that has apparent value or utility. Items that have no apparent value or utility or are in an insanitary condition may be immediately discarded upon removal of the homeless individuals from the camping site. Weapons, controlled substances other than prescription medication and items that appear to be either stolen or evidence of a crime shall be given to or retained by the police department.
E. Following the removal of a camping site on public property, the law enforcement officials, local agency officials and outreach workers may meet to assess the notice and removal policy, to discuss whether the removals are occurring in a humane and just manner and to determine if any changes are needed in the policy.
F. The minimum 72-hour notice required under subsection (A) of this section shall not apply:
1. When there are grounds for law enforcement officials to believe that illegal activities other than camping are occurring at an established camping site.
2. In the event of an exceptional emergency such as possible site contamination by hazardous materials or when there is immediate danger to human life or safety.
3. If a funeral service is scheduled with less than 72 hours’ notice at a cemetery at which there is a camping site, or a camping site is established at the cemetery less than 72 hours before the scheduled service, the written notice required under subsection (A) of this section may be posted at least 24 hours before removing homeless individuals from the camping site.
4. The site is public property designated for day use recreation.
5. The site is public property designated as a campground and occupied by an individual under an agreement or pursuant to authorization specified in LCMC 9.08.055, Permitted overnight camping/sleeping. (Ord. 2021-12 § 1; Ord. 2016-18 § 3)
9.08.050 Prohibited camping on public property.
A. General Prohibition. Except as expressly authorized by the Lincoln City Municipal Code, including but not limited to subsections (B) and (D) of this section, and LCMC 9.08.055 (Permitted overnight camping/sleeping), it shall be unlawful for any person to camp on any public property.
B. Time, Place, and Manner. Individuals experiencing homelessness may camp on designated public property from 8:00 p.m. to 8:00 a.m. subject to the place and manner restrictions outlined herein or in implementing resolutions or orders. Property is designated by council resolution or by administrative order of the city manager or designee. During the permitted times and only at the permitted places, individuals experiencing homelessness who are engaged in camping are allowed to use a sleeping bag, bedroll, or other material used for bedding purposes as well as materials used to keep warm and dry while sleeping; provided, that:
1. If the camping occurs in a vehicle, said camping facility shall not occupy more than one standard parking space; and
2. If the camping occurs in any tent or tarpaulin used to keep warm and dry, said camping facility shall not exceed 50 square feet in surface area.
At no time may huts, temporary shelters, lean-tos, shacks, or any other structures or vehicles be built, excavated, constructed, or placed on public property nor may such camping facilities (including vehicles) be placed on public property by anyone other than the public entity that owns or controls the public property in question.
C. Specific Prohibitions. Except as expressly authorized by the Lincoln City Municipal Code, it is unlawful at all times for any persons to camp, set up or maintain a campsite in or upon the following areas:
1. All city utility properties, including but not limited to water treatment and distribution facilities, wastewater treatment and distribution facilities and public emergency management or telecommunications facilities;
2. All public property with a posting indicating it is not open to the public – including but not limited to property specifically posted “Authorized Personnel Only”;
3. All park and open space properties, including active and passive recreation properties, and those designated interim park properties;
4. All beach access points and ocean shore areas under the jurisdiction of the Oregon Parks and Recreation Division;
5. Sidewalks where a minimum of six feet of a clear, continuous width cannot be maintained;
6. All publicly owned or maintained parking lots;
7. Underneath roadways, elevated sidewalks or bridges;
8. Public building entrances or exits including stairs; 10 feet of clear access is required;
9. Any public right-of-way, including the portion of a street or roadway beyond the pavement or curb line;
10. All publicly owned or maintained restrooms;
11. City Hall property;
12. Community Center property;
13. City police department property;
14. Public works department shop property.
D. Exceptions. Notwithstanding subsections (C)(1) through (C)(14) of this section, the city council, by resolution or the city manager, by administrative order (or another governmental entity by official action pertaining to its own property), may allow camping on specifically identified public properties. Permissible camping locations on city or urban renewal property will be available only through an emergency sheltering permit process administered by the police department. The police will document the permit by radio transmission and provide directions to the approved site together with a handout of rules and regulations. (To be clear, campers may not “reserve” or “self-select” a campsite, but are assigned a site by the police department with a permit, only after a shelter bed is determined not to be available.) It is the policy of the city to first place individuals experiencing homelessness in need of housing, at a suitable shelter in the city. Camping or vehicle camping on city designated properties is only a fallback position if shelter space is unavailable; such camping is lawful and permissible only if consistent with the time, place, and manner restrictions contained within city code or administrative rule. The city manager may adopt administrative rules to implement this code including the authority to designate additional locations as prohibited or permitted camping locations. Such additional designated prohibited locations will be posted on the city’s website and in related publications. Nothing in this section limits the manager or other city staff authority under LCMC 9.08.055, the emergency operations ordinance, parks ordinance or other sections of the Lincoln City Municipal Code.
E. As used in this section the following definitions apply:
1. “Campsite” means any place where one or more persons have established temporary living accommodations by use of camp facilities and/or camp paraphernalia.
2. “Camp facilities” include, but are not limited to, tents, huts, temporary shelters, lean-tos, shacks, or any other structure, vehicle, recreational vehicle, trailer or automobile, or parts thereof.
3. “Camp paraphernalia” include, but are not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or outdoor cooking devices or utensils and similar equipment.
4. “Camping” or “to camp” means to set up or to remain in or at a campsite.
5. “Public property” means all real property owned or leased, including land and buildings under the ownership, control or authority of the city, county, state or other government entity.
6. “Public rights-of-way” or “rights-of-way” means all property dedicated to the public for transportation purposes and administered by the city of Lincoln City, including streets, roads, bridges, alleys, sidewalks, trails, paths, and all other public ways and areas managed by the city. “Right-of-way” also includes public utility easements to the extent that the easement allows use by the permittee planning to use or using the public utility easement. “Right-of-way” includes the subsurface under and airspace over these areas. “Right-of-way” does not include the airwaves for purposes of CMRS, broadcast television, DBS and other wireless providers, or easements or other property interests owned by a single utility or entity.
F. Violations of the provisions of this section shall be enforced against responsible parties, by citation as provided in Chapter 1.16 LCMC. Violation of this section or implementing resolution or administrative order is punishable as a Class E violation. Each day of violation constitutes a separate offense.
G. Nothing in this section prohibits appropriate civil or criminal prosecution when a person enters or remains on public property not authorized for camping (place) or during posted hours of closure (time), or in a manner inconsistent with the regulations set forth herein or otherwise adopted by the city (manner), or otherwise violates any provision of the municipal code. (Ord. 2023-11 § 1; Ord. 2020-16 § 1; Ord. 2016-18 § 1; Ord. 2005-09 § 2; Ord. 95-12 § 1; Ord. 88-7 § 5.50)
9.08.055 Permitted overnight camping/sleeping.
A. The prohibitions in LCMC 9.08.050 are inapplicable in the following circumstances:
1. The property involved is appropriately zoned and has all necessary approvals for the proposed camping use, in a vehicle or otherwise (for example, a recreational vehicle park in a recreation-commercial zone with a conditional use approval or state-owned public campground in the park zone);
2. The city council or manager, by emergency declaration order or resolution, has authorized temporary camping on designated public property, in a vehicle or otherwise, in accordance with the limitations, terms and conditions of such order or resolution;
3. A special event permit pursuant to Chapter 5.16 LCMC, traffic control order, pursuant to Chapter 10.08 LCMC, or other parks permit or order pursuant to Chapter 12.16 LCMC authorizes temporary camping on designated public property in a vehicle or otherwise, in accordance with the limitations, terms and conditions of such permit;
4. Subject to conditions specified in subsection (B) of this section, and notwithstanding any other provision of this code, the owner of a qualifying property located in the city of Lincoln City may offer temporary camping space on their property to homeless persons living in vehicles or otherwise. The property owner may not grant permission for more than three vehicles or tent campsites, or combination, used for camping at any one time. The site shall also not exceed six individuals at any one time. For purposes of this subsection the term “vehicle” includes a car, truck, van, camper, and camp trailer, or Conestoga wagon.
5. “Qualifying property” means any parking lot on the following types of property:
a. Real property developed and owned by a religious institution, regardless of the zoning designation of the property. A religious institution is considered a religious institution for the purpose of this section if they are granted tax exempt status under Section 501(c)(3) of the Internal Revenue Service Tax Code.
b. Real property developed with one or more buildings occupied and used by any organization or business for governmental, nonprofit, commercial or industrial purposes.
c. Vacant or unoccupied governmental or nonprofit real property, as well as privately owned commercial or industrial real property.
d. The person in control of the qualifying properties in subsections (A)(5)(a) through (A)(5)(c) of this section must have written authorization from the subject property owner to offer the camping use, shall provide written notice to the city police department of the proposed use, and shall be required to enter into a written agreement with the city to guarantee compliance with the conditions and requirements of this section.
B. A person or entity owning or controlling a qualified property who allows a person or persons to temporarily camp in a vehicle or otherwise, pursuant to subsections (A)(4) and (A)(5) of this section, shall:
1. Provide or make available sanitary facilities, including but not limited to toilet and hand washing facilities;
2. Provide trash disposal facilities to such persons consistent with LCMC 8.16.060;
3. Not permit more than three vehicles or tents used for camping or a total of six individuals at any one time;
4. Require such camping space be not less than five feet away from any property line;
5. Not require payment of any fee, rent or other monetary or nonmonetary charge for camping, as authorized by this section; provided, however, that nothing in this section will prohibit the property owner from requiring campers to perform services necessary to maintain safe, sanitary and habitable conditions at the campsite;
6. Not allow tents or other personal property to be attached to vehicles as a means to expand the capacity of the vehicle for additional camping or to establish long-term campsites; and
7. Not permit the consumption of alcohol or controlled substances (excluding prescription medications) on the premises used for camping.
C. Any person or entity who permits camping pursuant to this section may revoke that permission at any time and for any reason. Any person who receives permission to camp on that property as provided in this section shall leave the property and remove all personal property within four hours after receipt of notice that permission has been revoked. For the purposes of this section, a person has received notice to vacate upon actual receipt of written notice from a property owner or written notice from the property manager. Written notice is deemed received upon personal delivery or upon other proof of having been received. In the situation where it can be shown a person refuses to accept personal delivery or is intentionally avoiding personal delivery, the written notice is deemed received on the date and time when it is affixed to the motor vehicle or tent/camping facility being used for camping by the person in question.
D. Notwithstanding any other provision of this section, the city manager or the manager’s designee may revoke permission for camping under this section or revoke permission of a person to camp on such properties, if the city finds that the qualified property owner or operator has violated any criminal law, or other applicable law, ordinance, rule, guideline or agreement permitting camping on the site, or upon a finding that the activity constitutes a public nuisance, public health threat, or other threat to the public welfare.
E. Violations of the provisions of this section shall be enforced against responsible parties, by citation as provided in Chapter 1.16 LCMC. Violation of this section or implementing resolution or administrative order is punishable as a Class E violation. Each day of violation constitutes a separate offense.
F. In addition to any other penalties that may be imposed, any site used for camping in a manner not authorized by this section or other provisions of this code shall constitute a nuisance and may be abated as such. As used in this section, “campsite” has the meaning given in LCMC 9.08.050.
G. Nothing in this section creates any duty on the part of the city or its agents to ensure the protection of persons or property with regard to permitted camping. All persons participating in the temporary camping program described in this section do so at their own risk, and nothing in this code creates or establishes any duty or liability for the city or its officers, employees, or agents, with respect to any loss related to bodily injury (including death) or property damage.
H. The city manager may adopt administrative rules to implement any of the provisions of this chapter. (Ord. 2023-11 § 2; Ord. 2021-15 § 1; Ord. 2020-16 § 2; Ord. 2016-18 § 2)
9.08.060 Vehicles injuring animals.
A. Any person operating a vehicle within the city who injures or kills any domestic animal shall:
1. Immediately stop and render aid to the animal;
2. Provide for the disposition of the carcass if the animal is killed;
3. Make diligent inquiry to determine the owner of the animal and notify the owner of the incident;
4. Report the incident to the police department.
B. Violation of this section is punishable as a Class C misdemeanor. (Ord. 88-7 § 5.60)