CHAPTER 95: CAMPING
Section
   95.01   Definitions
   95.02   Temporary camping program
   95.03   Prohibited camping
   95.04   Trespass
 
   95.99   Penalty
§ 95.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CAMP or CAMPING. To pitch, erect, create, use, or occupy camp facilities for the purposes of habitation, as evidenced by the use of camp paraphernalia.
   CAMP FACILITIES. Include, but are not limited to, tents, huts, temporary shelters, or vehicles.
   CAMP PARAPHERNALIA. Includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or non-city designated cooking facilities and similar equipment.
   CAMPSITE. Any place where one or more persons have established temporary sleeping accommodations by use of camp facilities and/or camp paraphernalia.
   CITY PROPERTY. Any real property or structures owned, leased, or managed by the city, including public rights-of-way.
   DESIGNATED TEMPORARY CAMPSITE. A campsite that is authorized by §§ 95.02 through 95.04 herein.
   FAMILY. Two or more individuals committed to cohabitation.
   MOTOR VEHICLE. For the purposes of this chapter, includes the definitions of VEHICLE as defined in § 70.02 and means every vehicle that is designed to be self-propelled (whether functioning or not), including automobiles, trucks, vans, tractors, fork-lift trucks, motorcycles, road building equipment, street cleaning equipment, and any other vehicle capable of moving under its own power, notwithstanding that vehicle may be exempt from licensing under the motor vehicle laws of the state. The term also includes RECREATIONAL VEHICLES, as defined below, herein, for the purposes of this chapter.
   PARKING LOT. A developed location that is designated for parking motor vehicles, whether developed with asphalt, concrete, gravel, or other material.
   PROHIBITED CAMPSITE. Any campsite not authorized under §§ 92.02 through 92.04 herein or elsewhere in a City ordinance.
   PUBLIC PARK, MUNICIPAL PARK, and CITY PARK. Any property in the city that is designated, established, dedicated, set aside, under the direction, control, operated, or supervised by the City’s Public Works Department, pursuant to authority granted by the City Council, City Charter, or City ordinances or resolutions, made available for the purposes of recreational use, including, but not limited to, sports fields, pavilions, picnic areas, playgrounds, parkettes, open spaces, tennis court, parking lots, driveways, pathways, and such other recreational uses as may be established. City Public Parks are regulated by §§ 93.01 through 93.013.
   RECREATIONAL VEHICLE. For the purposes of this chapter, means a vehicular-type unit that:
      (1)   Contains sleeping facilities;
      (2)   Is designed or used:
         (a)   For human occupancy; and
         (b)   As temporary living quarters for recreational, seasonal, or emergency use.
      (3)   Has its own motive power or is designed to be mounted on or towed by another vehicle.
   SOLID WASTE. Any garbage, trash, debris, yard waste, food waste, or other discarded materials.
   SOLID WASTE DISPOSAL SERVICES. Contracted solid waste collection service for a campsite with the City’s exclusive franchisee for the collection of solid waste.
   STORE or STORAGE. To put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
   STREET. For the purposes of this chapter, means any highway, lane, road, street, right-of-way, alley, and every way or place in the City that is publicly owned or maintained for public vehicular travel.
(Ord. 668, passed 4-7-2021)
§ 95.02 TEMPORARY CAMPING PROGRAM.
   Sections 93.01 through 93.11, Chapter 151, and Chapter 90 shall be, upon enactment of this chapter, amended to incorporate the provisions set forth herein, for the purposes of, or when applied to, allowing temporary camping. If a conflict exists between the terms of this chapter and either §§ 93.01 through 93.11, Chapter 151, and Chapter 90, the terms of this chapter shall prevail and are effective. The City’s temporary camping policy shall be set forth as follows:
   (A)   Upon submission to the City Administrator of written authorization of the property owner of the property:
      (1)   Up to two total motor vehicles or tents, in any combination, may be used for temporary camping in any parking lot on the following types of property:
         (a)   Real property developed and owned by a religious institution, place of worship, or public agency, regardless of the zoning designation of the property; and
         (b)   Real property developed with one or more buildings occupied and used by any organization or business primarily for nonprofit, commercial, or industrial purposes.
      (2)   Up to one family may use a residentially zoned property developed with an occupied residential dwelling, with further authorization from all lessees of the property, for temporary camping by either:
         (a)   Using a tent to camp in the back yard of the residence; or
         (b)   Using a single motor vehicle parked in the driveway of the dwelling.
   (B)   A property owner who authorizes any person to temporarily camp on a property pursuant to division (A) above must:
      (1)   Provide or make available sanitary facilities;
      (2)   Provide garbage disposal services so that there is no accumulation of solid waste on the site;
      (3)   Provide a storage area for campers to store any personal items so the items are not visible from any public street;
      (4)   Require a tent or camping shelter in a residential backyard to be not less than five feet away from any property line; and
      (5)   Not require or accept the payment of any monetary charge nor performance of any valuable service in exchange for providing the authorization to camp on the property, 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.
   (C)   A property owner who permits temporary camping pursuant to division (A) above may revoke that permission at any time and for any reason.
   (D)   An individual or family authorized to temporarily camp under this section may remain for an initial term of up to six months unless the authorization is revoked by the property owner or lessee. If the individual or family authorized to temporarily camp provides satisfactory proof of actively pursuing housing opportunities, including low-income housing, the six-month term may be renewed for up to two additional six-month terms. Written authorization extending the term(s) shall be filed with and subject to the approval of the City Administrator. The City Administrator shall approve an extension if the authorization is accompanied by the documentation of pursuit of housing opportunities required by this division (D).
   (E)   Notwithstanding any other provision of this chapter, the City Administrator or his or her designee may:
      (1)   Revoke the right of any person to authorize temporary camping on property described in division (A) above upon finding that any activity occurring on that property by the campers is incompatible with the uses of adjacent properties or constitutes a nuisance or other threat to the public welfare; or
      (2)   Revoke permission for a person or family to sleep overnight on city-owned property upon finding that the person or family member has violated any applicable law, ordinance, rule, guideline, or agreement, or that any activity occurring on that property by a camper is incompatible with the use of the property or adjacent properties.
   (F)   Any person whose authorization to temporarily camp on property has been revoked pursuant to divisions (C) and (D) above must vacate and remove all belongings from the property within four hours of receiving such notice.
   (G)   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 (including destruction).
(Ord. 668, passed 4-7-2021; Ord. 681, passed 6-28-2023) Penalty, see § 95.99
§ 95.03 PROHIBITED CAMPING.
   The enforcement and abatement of § 93.07, Chapter 151, and Chapter 90 shall be, upon enactment of this chapter, amended to include the provisions set forth herein, for the purposes of, or when applied to, camping. It is the intent of this chapter that it takes precedent over any conflicting language in the ordinances and sections listed in this section.
   (A)   Camping is permitted on City property with the exception of those properties listed in this section. It is unlawful at all times for any persons to establish or occupy a campsite on the following City property:
      (1)   All public parks except between the hours of 6:00 a.m. to 9:00 p.m. for campsites that are not located within 100 feet of a pavilion, playground, or pathway; and
      (2)   All publicly owned or maintained parking lots; and
      (3)   All public property located within an area zoned for residential use under the City’s Development Code; and
      (4)   Within the interior of buildings and on property where access is restricted within a fenced area.
   (B)   Except as expressly authorized by a City ordinance, it shall be unlawful for any person to camp or maintain a campsite on any city property during the hours of 6:00 a.m. to 9:00 p.m. with the exception of a City park where camping during the hours of 6:00 a.m. to 9:00 p.m. is permitted.
   (C)   Except as expressly authorized by a City ordinance, it shall be unlawful for any person or family to store more than 120 cubic feet of personal property, including camp facilities and camp paraphernalia, on any City property. A campsite may not be placed within ten feet of any building entrance or another campsite. Individuals at a campsite may not connect to electrical or other utilities and may not violate any building, fire or City code and standards.
   (D)   Notwithstanding the provisions of this chapter, the City Administrator or designee may temporarily authorize camping or storage of personal property on City 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 Council goals and policies.
   (E)   It is unlawful at all times for any persons to establish or occupy a campsite on any railroad right-of-way.
   (F)   No person shall use any vehicle or trailer for lodging purposes upon private or public parking lots except as provided by ordinance of the City or by obtaining permission by official action of the City Council.
   (G)   The City Administrator may adopt administrative rules to implement any of the provisions of this chapter and the specific ordinances that are amended by this chapter.
(Ord. 668, passed 4-7-2021; Ord. 681, passed 6-28-2023) Penalty, see § 95.99
§ 95.04 TRESPASS.
   In addition to the other measures provided for violation of this chapter, or any of the laws of the state, any peace officer, as defined by ORS 133.005(3), as amended, or any City employee may exclude any person who violates any provision of this chapter, any other City ordinance, or any of the laws of the state from any City Park for a period of not more than 30 days.
   (A)   Written notice shall be given to any person excluded from any City Park. Such notice shall specify the dates and places of exclusion. It shall be signed by the issuing party. Warning consequences shall be prominently displayed on the notice.
   (B)   A person receiving such notice may appeal to the City Council to have the written notice rescinded or the period shortened. Notwithstanding any other provision of this chapter, the appeal shall be filed within 5 days of receipt of the exclusion notice, unless extended by the City Council for good cause shown.
   (C)   An appeal properly filed under division (B) above automatically stays the exclusion period until the City Council issues a decision on the appeal.
   (D)   At any time within 30 days, a person receiving such notice may apply in writing to the City Administrator for a temporary waiver from the effects of the notice for good reason.
(Ord. 668, passed 4-7-2021)
§ 95.99 PENALTY.
   (A)   The application, enforcement, and abatement of §§ 93.01 through 93.13, Chapter 151, and Chapter 90, shall be, upon enactment of this chapter, amended to include the provisions set forth herein, for the purposes of, or when applied to, temporary camping.
      (1)   Violation of any provisions in this ordinance is a Class 3 ($100) violation. Each day that a violation occurs will be considered a separate offense.
      (2)   In addition to any other penalties that may be imposed, any campsite used for overnight sleeping in a manner not authorized by this section or other provisions of this chapter shall constitute a public nuisance and may be abated as such in accordance with Chapter 90.
      (3)   The City shall have the authority to abate illegal camping located in private railroad right-of-way provided that the City has been given such authority and requested to abate such camping by the owner of the railroad right-of-way.
   (B)   The application and enforcement of this ordinance is not intended to either impact or restrict the ability of the City to enforce §§ 72.01 through 72.04 regarding parking and towing.
(Ord. 668, passed 4-7-2021)