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HomeMy WebLinkAboutHomeless Camp Ordinance Review DESCHUTES COUNTY LEGAL COUNSEL MEMORANDUM TO: Board of County Commissioners FROM: LAURIE E. CRAGHEAD Assistant Legal Counsel Ext. 6593 RE: Ordinance Amending Deschutes County Code 11.04.060 to Prohibit Camping on County-Owned Property Outside a Designated Campground Area. DATE: December 29, 2014 CC: Tom Anderson, Dave Doyle, Darryl Nakaira, Lt. Scott Shelton, Lt. Deron McMaster, James Lewis, Nick Lelack, Lori Furlong FILE NO.: 15/1-018 Before the Board of County Commissioners (“Board”) today is a draft ordinance that adopts two Deschutes County Code (“DCC”) text amendments that incorporate the state statutes, with some modifications, regarding the removal of people camping on County-owned property in areas that are not designated for camping. ORS 203.077 requires counties to adopt policies “that recognize[s] the social nature of the problem of homeless individuals camping on public property.” This ordinance attempts to do that. Legal drafted this ordinance at the request of the Sheriff’s Office because of the numerous complaints that the Sheriff’s Office has received over the last couple of years of the increasing number of people camping on the County-owned properties, both temporarily and permanently. The camping occurs primarily on the large parcel just outside the City of Redmond city limits. The ordinance adopts the state law that requires 24-hour notice to be posted and provided in writing to those in the camp at the time of the posting of the notice before removing those who are camping in areas not designated for camping. This ordinance amends DCC 11.04.060 to add the non-permitted camping as an activity prohibited on County-owned property. The ordinance also adds a new chapter, 11.06, to specifically adopt the statutory provisions and add additional clarifications. The proposed DCC Chapter 11.06 differs from state law by adding definitions, clarifying time periods and adding that the County Property Manager will represent the County for purposes of the issuance of a citation. Memo to BOCC Ordinance to Remove Camping On County-owned property Page 2 of 2 The initial draft of the text amendment was reviewed by others in the Legal Department, a couple of representatives of the Sheriff’s Office and the Property Manager. Since the initial draft, the Lt. Scott Shelton requested to meet with the Community Development Department (“CDD”) Code Enforcement staff and the Property Manager. Legal Department representatives attended the meeting and the DCC text was revised in response to the meeting. Given that the revision was sent to the Sheriff’s Office representatives, CDD staff, and the Property Manager not too long before the December holidays, not all the County staff have had the opportunity to review the revisions to make sure they capture all concerns. Legal expects to bring this ordinance to the Board in late January for adoption. A public hearing is not required for adopting this ordinance, but the Board has the option of holding a public hearing and publishing notice of the hearing. PAGE 1 OF 3 - ORDINANCE NO. 2014-@ For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code 11.04.060 to Prohibit Camping on County-Owned Property Outside a Desigated Campground Areas. * * * ORDINANCE NO. 2014-@ WHEREAS, Deschutes County recognizes that the number of homeless individuals and families has grown over the last several years and insufficient shelters exist for the homeless making it difficult for the homeless to be safe, clean and healthy; and WHEREAS, as a result of the lack of shelters, the homeless sometimes camp on vacant, County -owned lots or in dwellings that the County owns prior to selling at a public auction or transferring ownership by another lawful means; and WHEREAS, because the County recognizes that homelessness is an issue with which all of socity should work towards in resolving, the County assists local organizations in many ways and continues to seek additional means, other than allowing camping on County-owned property, to help those who are homeless; and WHEREAS, individuals or families who are not homeless also sometimes camp on vacant, County- owned lots; and WHEREAS, when people camp on County-owned property that is not designated as a campground or day use recreataional area, problems arise in regards to conflicts with owners of adjacent properties, law enforcement issues, noise issues, fire hazards, and improper disposal of solid and human waste that could cause environmental and public health hazards; and WHEREAS, the County incurs additional costs when law enforcement has to respond to reports of criminal activity or loud noises or when fire hazards arise from those camping on County-owned property; and WHEREAS, the County incurs additional costs when the County has to remove solid and human waste from County-owned property prior to being able to transfer ownership of those properties; and WHEREAS, designated campgrounds or day use recreational areas better equipped to provide for the needs of campers and the public by providing for solid and human waste disposal facilities as well as other sanitary facilities and by providing the necessary human monitoring of illegal or nuisance activities; and WHEREAS, ORS 203.077 requires counties to adopt policies “that recognizes the social nature of the problem of homeless individuals camping on public property; and WHEREAS, the Board of County Commissioners (“Board”) finds that, because of the issues described above, it is in the public’s interest to prohibit camping on County-owned property except in designated campgrounds or day use recreational areas; and REVIEWED ______________ LEGAL COUNSEL PAGE 2 OF 3 - ORDINANCE NO. 2014-@ WHEREAS, the Board also finds that removal of the homeless who are camping on county -owned property should be done in a humane manner that allows those who are homeless to leave the premises with as much dignity as is possible in such a difficult situation; and WHEREAS, ORS 203.079 established the minimum procedures for the humane removal of the homeless persons from public property and the Board finds it in the public interest to follow those procedures; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. DCC 11.04.060, Public Use, 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 strikethrough. Section 2. ADDING. DCC Chapter 11.06, Removal of Person From Unlawful Campsites, is hereby added to read as described in Exhibit “B,” attached hereto and by this reference incorporated herein. Dated this _______ of ___________, 2014 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON _____________________________________________ TAMMY BANEY, Chair _________________________________________ ANTHONY DEBONE, Vice Chair ATTEST: ______________________________ Recording Secretary _________________________________________ ALAN UNGER, Commissioner Date of 1st Reading: _____ day of ____________, 2014. Date of 2nd Reading: _____ day of ____________, 2014. Record of Adoption Vote Commissioner Yes No Abstained Excused Tammy Baney Anthony DeBone Alan Unger PAGE 3 OF 3 - ORDINANCE NO. 2014-@ Effective date: _____ day of ____________, 2014. ATTEST __________________________________________ Recording Secretary Chapter 11.04 1 (04/2003) 11.04.060. Prohibited Activities. A. No person shall construct, install, or encroach upon County owned land. B. No person shall sever, excavate, damage, vandalize, burn, litter, remove materials from or cause other site disturbing activity upon or to County owned land without obtaining a permit authorizing such activity, from the Board, Property and Real Estate Manager, Director of Road Department or Director of Solid Waste. B. No person shall cut or remove wood on or from County owned real property except upon first obtaining a wood cutting permit from the County Property and Real Estate Manager. C. Except for law enforcement, other emergency personnel or authorized County representatives, no person shall operate a Mmotor vehicles shall be limited to on County owned land except within existing County designated parking lots and on roads that are County roads or dedicated public rights of way. D. Motor vehicles are prohibited on dedicated public pedestrian/bicycle trails. DE. Discharge of firearms is prohibited in and on public service facilities except as may be provided by resolution of the Board. EF. No person or group shall exclude any other member of the public from County owned land, except as provided by ordinance or by lease, license or resolution by the Board. FG. 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. No person shall smoke or carry any lighted smoking instrument in any Deschutes County owned or occupied building. I. No person shall camp on County-owned land except as provided in DCC Chapter 11.06. J. No person shall discharge a firearm on County owned land except: 1. On a shooting range, shooting gallery or other area built or authorized by the County for the purpose of target shooting; or 2. When target shooting on County owned land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property. (Ord. 2014-XXX, §1, 2014; Ord. 97-057 §1, 1997; Ord. 96-013 §1, 1996) Formatted: Indent: Left: 0", Hanging: 0.25", Tab stops: Not at 0" Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font color: Dark Blue Page 1 of 3 – EXHIBIT B TO ORDINANCE 2015-XXX Chapter 11.06. REMOVAL OF PERSON FROM UNLAWFUL CAMPSITES ON PUBLIC PROPERTY 11.06.010 Definitions 11.06.020 Unlawful Camping; Removal from Public Property 11.06.030 Notice of Unlawful Camping 11.06.040 Enforcement 11.06.050 Exceptions 11.06.060 Personal Property 11.06.010 Definitions For purposes of DCC Chapter 11.06, unless otherwise apparent from the context certain words and phrases used in this chapter are defined and as set forth in DCC 1.04 and this section. “Camp, Camps, Camped or Camping” means to set up, or to remain in or at a campsite or placing or pitching of tents, the placing of camping or sleeping facility vehicles including but not limited to a trailer, mounted camper, motor vehicle or other equipment for the purpose of establishing or maintaining a place to live. “Campsite” means any place where a person has established or is maintaining a place to live without a permit. Evidence of a campsite shall include, but shall not be limited to; the presence of: bedding, sleeping bag or other sleeping material; a place where a fire pit, ring or other such place; a stove, tent, lean-to, shack, or any other structure; or any vehicle or part thereof in which a person has been residing or sleeping. "Motor vehicle" means every self-propelled vehicle and vehicle designed for self-propulsion, except police and other official motor vehicles, and does not include camping or sleeping facility vehicles. "Park" means any lands accepted as a county park pursuant to ORS Chapter 275. "Parking area" means any space marked or unmarked which may be or is used for the parking of automobiles or other transportation vehicles. “Personal Property” means, for the purpose of this chapter, any item that is reasonably recognizable as belonging to a person and that has apparent utility. “Public Property” means public lands, premises and buildings, including but not limited to any building used in connection with the transaction of public business or any lands, premises or building owned or leased by the state or any political subdivision of the state, including any park, or under any bridge or viaduct. "Sleeping facility vehicle" means any motor vehicle or device designed for or utilized for overnight camping, including but not limited to campers, motor homes, travel trailers, and tent trailers. “Unlawful Campsite” means a campsite on a private or public right of way or on real property not approved for a campground. (Ord. 2015-XXX, §1, 2015) 11.06.020 Unlawful Camping; Removal from Public Property Page 2 of 3 – EXHIBIT B TO ORDINANCE 2015-XXX A. It is unlawful for any person who camps in or upon any public property to remain camped for 24 hours after having been provided written or posted notice, as set forth DCC 11.06.030, of unlawful camping. B. Any person found to be camping unlawfully on public property may be removed from the unlawful campsite as provided by this Chapter. (Ord. 2015-XXX, §1, 2015) 11.06.030 Notice of Unlawful Camping A. Subject to the exceptions set forth in this chapter, a notice of unlawful camping must be posted before the County removes persons from a campsite on public property, or before the County removes personal property from a campsite on public property. B. The notice must meet the following requirements: 1. Be posted at the campsite in English and Spanish, 2. Be posted in a location easily visible to and readable by persons present or who may enter the campsite subsequent to the posting, 2. State the date and time the notice was posted, 3. State that personal property located at the campsite will be removed 24 hours after the notice is posted, 4. State that anyone remaining at the campsite 24 hours after the notice is posted may be subject to removal, 5. Indicate the location where personal property can be retrieved if property was removed from the site for storage, and that it must be retrieved within thirty (30) days, 6. Include the telephone number for Deschutes County Health Services information and referral, C. The notice must be provided in writing to persons present at the campsite at the time of the posting of the notice, allowing the person a minimum of 24 hours to vacate the area. D. Officials posting such notice shall photograph the posted notice contemporaneous with the posting and the photograph shall include the date and time of the posting. E. Officials posting and providing such notice shall inform Deschutes County Health Services at the time notice is posted that notice has been provided to the persons and/or has been posted on the public property, and the location of the posting. F. Following the removal of persons from public property under the provisions of this chapter, law enforcement officials, local agency officials and outreach workers may meet to assess the notice and the provisions of this chapter, to discuss whether the removals are occurring in a humane and just manner, and to determine if any changes are needed in this chapter. (Ord. 2015-XXX, §1, 2015) 11.06.040 Enforcement A. After the notice period provided in the notice of unlawful camping has elapsed, the County may remove any person from an unlawful campsite on public property, and may remove personal property left at the campsite as provided in section 11.06.060. B. A person authorized to issue a citation for unlawful camping under state law, administrative rule or city or county ordinance may not issue the citation if the citation would be issued within 200 feet of the notice described in this section and within two hours before or after the notice was posted. C. For purposes of removal of or issuing citations under this chapter to persons who are camping on County-owned property, the County, through the County Property Manager at the County’s representative, shall be identified as the complaining party. (Ord. 2015-XXX, §1, 2015) Page 3 of 3 – EXHIBIT B TO ORDINANCE 2015-XXX 11.06.050 Exceptions The notice described in sections 11.06.030 and 11.06.040 is not required: A. When there are grounds for law enforcement officials to believe that illegal activities other than unlawful camping are occurring; B. In the event of an emergency such as possible site contamination by hazardous materials, or when there is immediate danger to human life or safety, or when the Governor has declared an emergency under the provisions of ORS 131.715; C. For a campground designated by the County, state or federal government which is occupied under an agreement between the occupant and the campground; or D. For an area temporarily designated by the County Administrator for camping during an emergency or special event. (Ord. 2015-XXX, §1, 2015) 11.06.060 Personal Property A. Personal property may be removed by the County from an unlawful campsite on public property. B. All unclaimed personal property removed from the campsite shall be given to law enforcement officials. C. The property shall be stored for a minimum of thirty (30) days during which it will be reasonably available to any individual establishing ownership to the satisfaction of its law enforcement custodian. D. Any personal property that remains unclaimed for thirty (30) days may be disposed of in accordance with the provisions of County Code Chapter 2.70, Disposition of Unclaimed Property. E. Personal property that has no apparent utility, poses a hazard or health risk, or is in unsanitary condition may be immediately discarded. D. Weapons, drug paraphernalia and items that appear to be stolen or evidence of a crime shall be given to law enforcement officials. (Ord. 2015-XXX, §1, 2015)