Chapter 12.22
SLEEPING AND CAMPING ON PUBLIC PROPERTY
Sections:
12.22.010 Findings and purpose.
12.22.030 Camping and storage of personal property upon city property prohibited.
12.22.010 Findings and purpose.
(1) The city of St. Helens hereby adopts the provisions of this chapter regulating sleeping, lying, camping and keeping warm and dry on public property. Pursuant to ORS 195.530 and 195.500, the city of St. Helens recognizes the social nature of the problem of homeless individuals camping on public property and implements the following laws as part of its policies to ensure the most humane treatment for removal of homeless individuals from camping sites on public property per ORS 195.500, 195.505, and195.530.
(2) The city of St. Helens finds as follows:
(a) The use of public property for sleeping, keeping warm and dry that is within 100 yards of any privately owned or rented property that is not in conformance with places, manners, and time described herein necessarily affects the health and safety of the public, the quiet enjoyment of the persons owning or renting property, whether it be for residential or business purposes.
(b) Public places, roads, parks, trails, rights-of-way, the waterfront and public property being clean and safe are vital for the health, safety, and wellbeing of the public.
(c) The dangers of unlawful use of public property to the public health, safety and welfare are the same regardless of the economic circumstances of the persons violating the law.
(d) Persons experiencing homelessness are homeless for a wide variety of reasons that include, but are not limited to:
(i) Insufficient funds to afford stable housing;
(ii) Mental illness;
(iii) Addiction to drugs and/or alcohol;
(iv) Personal preferences and lifestyle choices; and
(v) Any and all of the above.
(e) The city of St. Helens cannot reasonably supply areas of public property for people to sleep and keep warm and dry who are experiencing homelessness other than on a temporary basis. (Ord. 3296 § 2 (Att. B), 2023)
12.22.020 Definitions.
For the purpose of this chapter, the following mean:
(1) “Camping” or “to camp” means to establish a campsite either through occupation or storage of personal property on any location of city property for more than 24 consecutive hours.
(2) “Campsite” means a location upon city property where camping materials are placed. Resting or sleeping in a vehicle is not a campsite. Resting or sleeping in a vessel in a waterway pursuant to Chapter 8.28 SHMC is not a campsite.
(3) “Camping materials” include, but are 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.
(4) “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 of St. Helens.
(5) “Public rights-of-way” include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements, and all other public ways or areas, including subsurface and air space over these areas.
(6) “Personal property” means any item that can reasonably be identified as belonging to an individual and that has apparent value or utility.
(7) “Relocated” or “to relocate” means to move off of city property or to a different city property. This definition does not include moving to another portion of the same city property. (Ord. 3296 § 2 (Att. B), 2023)
12.22.030 Camping and storage of personal property upon city property prohibited.
(1) It is unlawful for any person to camp upon city property unless otherwise specifically authorized by law or by declaration of the city manager. In no event shall a city manager’s declaration exceed 30 days unless expressly approved by the city council.
(2) Notwithstanding subsection (1) of this section, it is unlawful to establish a campsite for any period of time at the following locations, unless otherwise authorized by law or by declaration of the city manager:
(a) City parks, except as provided by Chapter 8.24 SHMC for recreation purposes and based on properly obtained permits and paid fees as opposed to this chapter which is based on no permit or fee per subsection (4)(a) of this section;
(b) City property within 100 yards of any ground floor entrance of any building lawfully used as a residence or business;
(c) City property within 100 yards of any school property occupied by a lawfully existing school or school related use;
(d) Within any publicly owned building that is not established or maintained for the purpose of sleeping, resting, shelter, camping, or other similar activities;
(e) Within 50 feet of any part of the shore to McNulty Creek and Milton Creek and any docks thereto;
(f) Within 75 feet of the shore to the Columbia River, Multnomah Channel and Scappoose Bay and any docks thereto;
(g) All residential zoning districts and the Riverfront District zoning district per Chapter 17.32 SHMC, including the sidewalks therein; and
(h) Any public right-of-way, with the exception of sidewalks not otherwise specifically regulated. As to sidewalks not otherwise specifically regulated, a campsite that does not restrict the free movement of pedestrian travel including those pedestrians that require the use of a wheelchair or other assistive device to navigate the sidewalks does not violate this chapter until it becomes camping per SHMC 12.20.020(1). A campsite that restricts pedestrian travel is a violation of this section in all areas of the city.
(3) Notwithstanding subsections (1) and (2) of this section, it is unlawful to store personal property, including but not limited to camping materials and campsites, on any city property for any purpose that:
(a) Occupies more than a 12-foot-by-12-foot area;
(b) Obstructs any passageway, including but not limited to a street, roadway, sidewalk, pedestrian way, bikeway, and trail;
(c) Remains in any location without being removed or relocated at least once every 24 hours; and
(d) Results in any removal, mutilation or clearing of vegetation, or ground disturbance including but not limited to digging, burrowing, tunneling, excavating, and quarrying.
(4) In addition to the provisions of subsections (1), (2), and (3) of this section, campsites and camping engaged in under this section shall:
(a) Not require a permit or fee;
(b) Be maintained in an orderly fashion; shall not include littering; shall not include the spreading of rubbish;
(c) Maintain the campsite in a clean, sanitary, and nonpolluting condition during use of and upon vacating the campsite; and
(d) Comply with all applicable provisions of the St. Helens Municipal Code, and state and federal law, in addition to this chapter.
(5) The city shall remove individuals and unclaimed personal property from a campsite as provided by ORS 195.500 and 195.505. (Ord. 3296 § 2 (Att. B), 2023)
12.22.040 Violation.
(1) Upon encountering a person who seeks to sleep, camp, or keep warm and dry upon city property or public rights-of-way in a place, manner, or time that is inconsistent with this chapter, law enforcement personnel and/or public services personnel shall use their best judgment concerning the individual circumstances of such person and direct them to available city services, county services, state services, or nonprofit service agencies, and locations within and/or outside the city of St. Helens where a person may find services to help them.
(2) Violation of this chapter is punishable by a fine not to exceed $50.00. The amount imposed shall be at the discretion of the judge. The judge may reduce or eliminate the fine if the person cited demonstrates they have meaningfully engaged with a local social services provider within 14 days of receiving a citation under any provision of SHMC 12.20.030. (Ord. 3296 § 2 (Att. B), 2023)