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2023-269-Ordinance No. 2023-013 Recorded 8/28/2023REVIEWED LEGAL COUNSEL Recorded in Deschutes County CJ2023-269 Steve Dennison, County Clerk Commissioners' .journal 08/28/2023 7:44:37 AM (\y'3(F c�r�. 2023-269 For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Title 11.04, Public Use, of the Deschutes County Code. ORDINANCE NO. 2023-013 WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through ordinance by Deschutes County and the Deschutes County Board of Commissioners; and WHEREAS, from time -to -time the need arises to make amendments, including new enactments to the DCC; and WHEREAS, upon direction from the Board of Commissioners, County Legal drafted revisions to DCC 11.04 to specifically address homeless camping issues raised by the Sheriff at a public work session on June 7, 2023; and WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly noticed public hearing during the Board meeting on July 19, 2023, and determined that DCC 11.04 should be amended; now therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 11.04 is amended to read as described in Exhibit "A," attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stFikethr-eugh. Section 2. ADOPTION. This Ordinance takes effect 90 days after second reading. PAGE 1 OF 2 - ORDINANCE NO.2023-013 Yz9 � Dated this of , 2023 ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON ANTHONY DeBONE, Chair wq, \A PATTI ADAIR, ice Chair PHIL CHANG, Commissioner Date of 1 st Reading: 9 day of, 2023. Date of 2nd Reading: 3 day of 52023. Commissioner Yes Patti Adair Phil Chang x Anthony DeBone n� Effective date: day of ® V• , 2023. PAGE OF 2 - OZDI'NANCE NO. W21-013 Record of Adoption Vote No Abstained Excused EXHIBIT A (To Ordinance No. 2023-013) CHAPTER 11.04 PUBLIC USE 11.04.010 Purpose 11.04.020 Definitions 11.04.030 Policies 11.04.040 Justice Building; Searches 11.04.050 Road Closures 11.04.060 Prohibited Activities 11.04.070 Alienation 11.04.080 Violation; Penalty 11.04.010 Purpose Public use regulations are adopted for the purpose of protecting public property. HISTORY Adopted by Ord. 96-013 §1 on 512211996 11.04.020 Definitions For the purposes of DCC 11.04, unless otherwise apparent from the context, certain words and phrases used in DCC 11.04 are defined and as set forth in DCC 1.04 and DCC 11,04.020. "Alternate shelter" means an outdoor location that provides access for sleeping and/or camping through the use of a vehicle, a recreational vehicle, a tent, or some other structure which offers some protection from the outdoor elements, provided that any alternate shelter shall not be located: (1) in a manner that will create a physical impediment to emergency or nonemergency ingress, egress or access to public or private property, including but not limited to driveways, sidewalks and entrances or exits from buildings and/or other real property; and/or (2) within 1000 feet of a school or public park: "Bed" means an item(s) utilized for sleep. "Bedding" means the collective term for the articles which compose a bed. "Camping" means any form of sleeping or use of a bed to include bedding materials, whether outdoors or through use of a vehicle, recreational vehicle, tent or other structure which can offer some protection from the outdoor elements. "Campsite" means the location where camping is occurring. r-as "Park" means any County owned real property designated by resolution of the Board as a County park, pursuant to ORS 275.320. "Parking lot" means an area consisting of one or more parking spaces grouped. "Program Administrator" means the Board, the County Property and Real Estate Manager, Deschutes County department head or designees. "Public places" means Ceounty-owned or controlled real property that is open and available for use by the public It does not include "vacant county land" or any Ccounty-owned or controlled real property designated by the County Administrator as not open for public use, or as use limited. "Public service facility" means any real property that is owned or leased by County where public services are provided or conducted and shall include, but not be limited to, buildings, facilities, or real property which is fenced, enclosed or otherwise developed and any associated grounds. "Right of way" means the area between the boundary lines of a street, road or other public easement. "Shelter" means an indoor location that provides access for sleeping. "Sleeping" means sitting, Iving and/or employing rudimentar)tfo_rms_of protection from outdoor elements. "Vacant county land" means all County owned land which does not qualify as a "public place," "public service facility," "park" or "right of way." Unless specifically authorized by Order of the Board of Commissioners sleeping_ camping taking shelter or taking alternate shelter is at all times prohibited on vacant county land. HISTORY Adopted by Ord. 96-013 §1 on 512211996 Amended by Ord. 2023-013 §1 on 8123/2023 11.04.030 Policies A. Real Property. Except as otherwise provided in this section 11.04, pRublic use of County --owned or controlled real property, not including vacant county land, shall be limited to day use (dawn to dusk) except as permitted herein or otherwise permitted by adoption of resolution of the Board. 1. Any County owned real property leased by authority of the Board of Commissioners to other public agencies or private parties shall be governed by the terms and provisions of such leases. 2. County -owned or controlled real property may be posted closed, not open for public use, or use limited, upon direction ofby the County Administrator.CeURty RrepeFty 3. County shall not accept conveyance or transfer of real property except upon recording of a written acceptance from the Board of Commissioners. 4. Exclusive or other special use of County --owned or controlled real property by private entities or other agencies shall only be granted pursuant to a written lease or license authorized by the Board of Commissioners. B. County Owned/Occupied Buildings. The open common areas of County public service facilities and other buildings occupied by County employees are open to members of the public who have business with County employees. However, these buildings are also places where County employees do their work. That work often involves sensitive and confidential issues. County employees require work areas that are quiet, free from unnecessary foot traffic and where they may discuss sensitive or confidential matters without being overheard by persons not employed by the County. 1. Each department or other program occupying a building shall where feasible, establish a waiting area which is, to the extent possible, located near the department or program receptionist and outside the department's or program's work area. Members of the public are to wait in this area until the person they are waiting to see is available. Each waiting area shall be clearly posted as such. Areas other than open common areas and designated waiting areas are open to visitors by invitation only. County department heads and staff are responsible for their offices, and may request (or order) visitors to leave their offices at their discretion. County department heads and department support staff supervisors are responsible for support staff work areas, and may, in their discretion, ask visitors to leave those areas. C. Public Service Facilities. Public service facilities which provide services beyond the hours of dawn to dusk shall operate in a manner deemed appropriate by the Program Administrator. Public access may be restricted by the Program Administrator, on the basis of public safety or administrative efficiency to those areas deemed by the Program Administrator to be necessary for provision of the intended services. D. Parking Lots --County parking lots may be posted with time and use restrictions, and unless otherwise posted, are not available for overnight use, to include but not limited to sleeping, camping or taking alternate shelttier. Violations may be cited as authorized by this section 11.04. y ,f DCC 11.04 shall a dellaF5 which shall deuble each 24 heurs up to fouF days, and whiGh may be paid as a bail lor . if net paid at that tim -I a waFFant may be issued by the CiFcuit CeuFt to the vielater, HISTORY Adopted by Ora. 96-013 §1 o,n 512211996 Amended by Ord. 2020-005 !�1 on 11112021 Amended by Ord. 2023-013 §1 on 8 23 2023 11.04.040 Justice Building; Searches Except for on -duty law enforcement personnel, and individually designated county staff, every person entering through the public entrances of the Courthouse facility, District Attorney facility, Community and Juvenile Justice facilities, and all other Deschutes County Justice / Law Enforcement facilities, including any annex thereto, is subject to search of his or her possessions and must pass through metal detectors. HISTORY Adopted by Ord. 97-046 §1 on 61411997 Amended by Ord. 2020-005 §1 on 11112021 11.04.050 Read -Property Closures Where vacant cCounty landpy, not generally open for public use, is or has been used by automobiles, motorcycles and other off -road vehicles or bicycles for recreation, or for other purposes including sleeping camping or taking alternate shelter as defined in this section 11,04, and the County has a need to close and discontinue the property to these is uses, the County will notify the general public of the intent to close in a local paper of general circulation in addition to the notification procedures outlined in applicable County Encampment Removal Policy-. The design of and the closure shall be in accordance with applicable County Encampment Removal Policy and also the requirements of the Manual on Uniform Traffic Control Devices, published by the Federal Highway Administration, in terms of signing and barricading. Any person who refuses to leave after implementation of applicable County Ecampment Removal Policy may be cited/charged as authorized by this section 11.04. Permanent closures shaRmav to the extent directed by the County Administrator, consist of appropriate berms, ditches and obliteration of existing roads. The closure design shall be in written form and approved by the County Engineer or County Traffic Engineer. In no case shall ropes or cables be used to close the road or area. HISTORY Adopted by Ord. 96-013 §1 on 512211996 Amended by Ord. 2023-013 §1 or, 8 '13aj2023 11.04.060 Prohibited Activities A. Excepts for site -specific authorization by Order of the Board of Commissioners, nNo person shall construct, install, sr -encroach, sleep, camp, or obtain shelter or alternate shelter upon County --owned or controlled real pr9pgrty4an4. A:B.No person shall sever, excavate, damage, vandalize, burn, litter, remove materials from or cause other site disturbing activity upon or to County --owned or controlled real propertyiaad without obtaining an appropriate permit or license authorizing such activity, from the Beards Property Manager, Director of Road Department or Director of Solid Waste. Open fires are strictly prohibited at all times on County -owned or controlled real property, &C. No person shall cut or remove vegetation or trees on or from County --owned or controlled real property except upon first obtaining a wood cutting permit from the County Property Manager or County Forester. C-.D.Exceptiiw for site -specific authorization by Order of the Board of Commissioners, mMotor vehicles (operable and inoperable), including but not limited to R.V's, trailers and personal use vehicles, shall be limited to existing parking lots during_ business hours, "Ut.t,ect4e timp plar--e and operation on established roads. Motor vehicles are prohibited on dedicated public pedestrian/bicycle trails. A:E. Discharge of firearms is prohibited in and on public service facilities and Ceounty-owned or controlled real property except as may be provided by OrderFeselution of the Board of Commissioners. U. No person or group shall exclude any other member of the public from County: -owned or controlled real property that is open for public usefaed, except as provided by lease, license or Orderfesofeta ofby-the Board of Commissioners. F-G. No person shall engage in any conduct in or on property where public services are provided which hinders, interferes with or prevents those employees from performing their duties. H. person shall smoke or carry any lighted or electronic smoking instrument in any Deschutes County: -owned, controlled or occupied building, except as permitted by the Deschutes County Smoke Free Policy. G� - I No person shall discharge or dump any sewage or wastewater from baths, sinks and showers on or adjacent to County -owned or controlled real property. J9No person shall cause or contribute to the accumulation of solid waste materials on County - owned or controlled real propertv. HISTORY Adopted by Ord. 96-013 §1 on 512211996 Amended by Ord. 97-057 §1 on 101811997 Amended by Ord. 2020-005 §1 on 11112021 Amended by Ord. 2023-013 §1 on 8/23/2023 11.04.065 Extra -Jurisdictional Application Where authorized by written aereement between Deschutes County and the appropriate federal, state and/or city representatives this section 11.04 is applicable to specifically identified federal, state and/or city propertv located within unincorporated Deschutes County upon such terms, conditions and limitations stated therein. HISTORY Adopted by Ord. 2023-013 §1 on gL23/2023 11.04.070 Alienation Excepting conveyances signed by the County Property Manager upon written authorization of the County Commissioners or the County Administrator, no County; -owned real property shall be sold, leased, dedicated, licensed, donated, exchanged, encumbered or otherwise alienated except upon signature, authorization, order or ratification of the Board. HISTORY Adopted by Ord. 96-013 §I on 512211996 Amended by Ord. 2020-005 §I on 11112021 11.04.080 Violation; Penalty Any violation or failure to comply with any provision of DCC 11.04, may be prosecuted in Justice Court as a Class A violation or may be charged and prosecuted in Circuit Court as Trespass pursuant to ORS 164.205 et seq. , is . ,If imposed civil penalties are not timely paid upon application by the Countv a warrant may be issued by the Circuit Court to the violator. HISTORY Adopted by Ord. 96-013 §1 on 512211996 Amended by Ord. 2003-021 §24 on 41912003 Amended by Ord. 2023-013 §1 on 812312023 �01 E S Co wy� G2� I BOARD OF COMMISSIONERS E MEETING DATE: August 23, 2023 SUBIECT: Second reading (by title only) of an ordinance amending Deschutes County Code relative to camping and other sleeping associated activity on public property RECOMMENDED ACTION: Move second reading (by title only) and adoption of Ordinance No. 2023-013 providing amendments to Deschutes County Code section 11.04. BACKGROUND AND POLICY IMPLICATIONS: On August 9, 2023, the Board approved first reading of a revised version of Ordinance No. 2023-013 which included subsection 11.04.065, added subsequent to the Board's initial first reading of this ordinance. The purpose of subsection 11.04.065 is to expressly provide that Deschutes County Code section 11.04 can apply to federal, state and/or city property located within the unincorporated county if authorized by written agreement with another public jurisdiction. BUDGET IMPACTS: Unknown ATTENDANCE: Admin Legal