HomeMy WebLinkAboutItem 01 Camping Ordinance UpdateAGENDA ITEM
SUMMARY Meeting Date: 3/6/2023
Meeting Type: Work Session
Staff Contact/Dept.: Mary Bridget Smith/CAO
Staff Phone No: 541-744-4061
Estimated Time: 50 Minutes
SPRINGFIELD Council Goals: Mandate
CITY COUNCIL
ITEM TITLE:
CAMPING ORDINANCE UPDATE
ACTION
Receive information about updating the City's camping ordinance including review
REQUESTED:
of camping enforcement data.
ISSUE
The City's camping ordinance is out of compliance with HB3115 and recent federal
STATEMENT:
court rulings, and must be repealed or revised to include reasonable time, place, and
manner restrictions by July 1, 2023.
ATTACHMENTS:
1: Council Briefing Memorandum
2: Camping Enforcement Data Information Sheet
3: PowerPoint Presentation
DISCUSSION/
The Council has been evaluating its camping code in light of the HB3115
FINANCIAL
requirements. The purpose of this work session is to go over 2022 camping
IMPACT:
enforcement data, recap the previous discussion and provide additional direction so
staff can return with a draft ordinance for the public hearing and first reading
scheduled on April 17, 2023.
MEMORANDUM City of Springfield
Date: 3/6/2023
To: Nancy Newton, City Manager COUNCIL
From: Mary Bridget Smith, City Attorney BRIEFING
Subject: Camping Code/HB3115 MEMORANDUM
ISSUE: The City's camping ordinance is out of compliance with HB3115 and recent federal
court rulings, and must be repealed or revised to include reasonable time, place, and manner
restrictions by July 1, 2023.
COUNCIL GOALS/
MANDATE:
Council Goals: Mandate
BACKGROUND:
Legal Summary:
The City possesses a significant amount of real property and like many jurisdictions has
historically regulated its various property holdings by prohibiting people from camping,
sleeping, sitting or lying on its property, but that regulation must be re-examined in light of
recent federal court rulings and the Oregon Legislature's enactment of HB3115. 1
Federal Case Opinions
In Martin v. Boise, the U.S. 9' Circuit Court of Appeals interpreted the 81 Amendment of the
U.S. Constitution to find that sitting, sleeping and lying outside is an unavoidable consequence
of being homeless; therefore, governments could not criminalize homeless individuals for
sitting, sleeping and lying outside. Martin v. Boise, 902 F3d 1031,1048 (2018). Later, the same
court affirmed a lower court ruling Blake v. City of Grants Pass and found that persons
experiencing homelessness are entitled to take necessary minimal measures to keep themselves
warm and dry while sleeping outside. Johnson v. City of Grants Pass, 50 F.4th 787, 813 (9th
Cir. 2022).
195.530 Noncamping use of public property by homeless individuals; attorney fees. (1) As used in this
section:(a) "City or county law" does not include policies developed pursuant to ORS 195.500 or
195.505.(b)(A) "Keeping warm and dry" means using measures necessary for an individual to survive
outdoors given the environmental conditions. (B) "Keeping warm and dry" does not include using any
measure that involves fire or flame. (c) "Public property" has the meaning given that term in ORS 131.705.
(2) Any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry
outdoors on public property that is open to the public must be objectively reasonable as to time, place and
manner with regards to persons experiencing homelessness. (3) It is an affirmative defense to a charge of
violating a city or county law described in subsection (2) of this section that the law is not objectively
reasonable. (4) A person experiencing homelessness may bring suit for injunctive or declaratory relief to
challenge the objective reasonableness of a city or county law described in subsection (2) of this section.
The action must be brought in the circuit court of the county that enacted the law or of the county in which
the city that enacted the law is located. (5) For purposes of subsections (2) and (3) of this section,
reasonableness shall be determined based on the totality of the circumstances, including, but not limited to,
the impact of the law on persons experiencing homelessness. (6) In any suit brought pursuant to subsection
(4) of this section, the court, in its discretion, may award reasonable attorney fees to a prevailing plaintiff if
the plaintiff:(a) Was not seeking to vindicate an interest unique to the plaintiff; and (b) At least 90 days
before the action was filed, provided written notice to the governing body of the city or county that enacted
Attachment 1, Page 1 of 4
MEMORANDUM 3/6/2023 Page 2
HB3115
Enacted in 2021, HB3115 (now ORS 195.530) codifies the principles from Martin and Boise
requires cities and counties to revise their camping prohibitions with an implementation July 1,
2023 deadline.
Data about Camping on Public Property in Springfield:
ield:
Attachment 2 is an informational sheet about the City's 2022 illegal camping calls. When
analyzing this data, keep in mind, it is limited to camping calls and does not include every
interaction or citation involving someone experiencing homelessness nor does it include calls for
trespass on private property. The data shows that overall camping calls are a small but
increasing percentage (1.4%) of SPD's total calls. Nearly three quarters of the calls occur west
of 28' Street and most are resolved short of an issuing a citation. Most enforcement is initiated
by patrol officers, but Community Service Officers and CAHOOTS have also assisted. Almost
a half of the calls included vehicles.
Previous Discussion Summary:
The following discussion summarizes the Council's discussions about potential code provisions
and issues to consider.
24-hour Time Limit/Personal Property
The Council discussed implementing a 24-hour time limit and restricting personal property.
These restrictions are related to preventing large and/or established camps from occurring on
public property because these types of camps can create trash, hazardous materials, are
inconsistent with the property's intended use and create conflict among community members.
Some ways to limit these types of camps from being created include limiting the amount of
personal property, a 24-hour time limit (or similar time limit) and a requirement to move
periodically similar to parking regulations. Several communities have incorporated similar
limits into their code, but one challenge with a time limit is enforcement. For example, it may
not always be possible to check back in on a potential illegal camping situation within 24 hours
or inclement weather could make enforcing such a time limit unreasonable.
Warming Fires/Burning
The Council had an initial discussion about warming fires and in the meantime has also received
public testimony about this topic. One challenge with allowing warming fires is the increased
fire risk of allowing individuals to openly burn on public land. Allowing warming fires also
conflicts with other legal authorities like the Fire Code and LRAPA's regulations about open
burning. For example, LRAPA prohibits outdoor burning in the Springfield UGB on properties
of less than .5 acre. LRAPA does allow some recreational fires on private property, but a
warming fire would not fall under its recreational fire definition.
Under the Fire Code, a warming fire would be considered a recreational fire but there are
several requirements that are at cross purposes with homeless warming fires, such as being a
certain distance from any structures and having an extinguisher or other equipment available.
Since 2019, Eugene Springfield Fire has responded to an average of 105 calls per year for
smoke, tent and trash bin fires. Finally, most of the examples of camping ordinances in other
the law being challenged of an intent to bring the action and the notice provided the governing body with
actual notice of the basis upon which the plaintiff intends to challenge the law. (7) Nothing in this section
creates a private right of action for monetary damages for any person.
Attachment 1, Page 2 of 4
MEMORANDUM 3/6/2023 Page 3
communities prohibit burning and SMC Section 5.292 already prohibits burning in parks, roads
and parking lots.
Sidewalk Access
Many communities experience the friction between individuals experiencing homelessness
sheltering on a public sidewalk and the needs of other people travelling on the sidewalk and
accessing buildings by way of the sidewalk. In fact, a group of individuals recently sued the
City of Portland for violating Title 11 of the ADA and Section 504 of the Federal Rehabilitation
Act by allowing camping to occur on sidewalks to the extent that disabled persons cannot access
the sidewalk. The City of Springfield does not have homeless individuals camping on sidewalks
to the extent that Portland experiences, but Title 11 and Section 504 of the Federal Rehabilitation
Act access provisions apply to the City sidewalk system. Springfield also regulates its sidewalks
in this context. For example, SMC 5.270 prohibits people from obstructing building entrances
and SMC 5.272 prohibits leaving injurious or unsightly materials on streets, parks and parking
lots.
Environmentally Sensitive Areas
Being located close to two rivers and having a ground water supply creates many areas in
Springfield that are environmentally sensitive whether it be wetland or riverbank. There are
several ways the City could look at regulating camping in these areas. For example, the Water
Quality and/or Wellhead Protection Maps may serve as a basis. There are also some laws that
already regulate behavior in these areas such as ORS 164.775 which prohibits littering within
100 yards of (or directly in) state waters as defined by ORS 468B.005(10). 2
Other Regulations that Apply to Sheltering Outside
When people experience homelessness and have to shelter outside, they are often subject to
many regulations that would not typically apply to people who are able to live in a private
residence. For example, the Springfield Municipal Code prohibits drinking and urinating in
public, damaging shrubs, open burning and indecent exposure. The state also prohibits littering.
The relevance of these code sections to amending the camping ordinance is that it will be
important for the City to avoid incorporating provisions in the new camping code that are
duplicative or inconsistent with existing municipal code or state statutes because it could create
confusion over enforcement and be viewed as unreasonably overregulating persons experiencing
homelessness.
Shelter Availability
One of the issues in Martin v. Boise was that people were being cited for illegal camping without
first determining whether there was available shelter space. Now, the City of Boise has
incorporated determining shelter availability into their process. Before issuing a citation, the
police or designee must initiate contact with shelters on a daily basis to determine space
availability and no citation may be issued unless the officer first confirms the shelter has
available overnight space that can be used by the individual. Spaces are not available to an
individual if they cannot stay there due to factors like a disability, minor children present, or a
2 "Water" or "the waters of the state" include lakes, bays, ponds, impounding reservoirs, springs, wells, rivers,
streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the State
of Oregon and all other bodies of surface or underground waters, natural or artificial, inland or coastal,
fresh or salt, public or private (except those private waters which do not combine or effect a junction with
natural surface or underground waters), which are wholly or partially within or bordering the state or within
its jurisdiction.
Attachment 1, Page 3 of 4
MEMORANDUM 3/6/2023 Page 4
religious activity requirement. This would be an additional enforcement step but recall that
current low barrier shelter options for individuals in Springfield are low in number.
Exceptions for Emergency Situations
The Council discussed incorporating the ability of the City to modify or suspend enforcement in
the event of an emergency or weather conditions. Several other communities have included
similar provisions as well.
Next Steps:
The Council is scheduled to conduct a first reading on the draft code and hold public hearing at
the April 17, 2023, regular session. To change the municipal code, ordinances must be read at
two regular meetings and do not become final until after the second reading (often the second
reading occurs on the next regular session consent calendar). This approach gives the Council
enough time to consider an ordinance before adoption. The Council's options after the April
17t1i regular session include directing staff to make changes to the draft ordinance and bring back
to a subsequent regular meeting for an additional reading or to place the draft ordinance on the
consent agenda for adoption. The purpose of the public hearing is to provide an opportunity for
the community to give input on the draft code. If the Council makes changes to the draft
ordinance, it may also separately decide whether to hold a second public hearing.
Staff will also work on implementing the communication strategy discussed at the January 23,
2023, work session.
RECOMMENDED ACTION: Provide direction on changing the illegal camping municipal
code.
Attachment 1, Page 4 of 4
2022 Illegal Camping Calls for Service
1. Calls for Service Comparison
illegal camping
• Illegal Camping Calls were calls for service that were specifically designated as illegal
camping (i.e. the "nature code" was illegal camping)
2. SPD Response
Total Illegal Camping Calls 674
Dispatched Calls 600
Not Dispatched/Info-Only Calls 74
Illegal Campers with a Vehicle 327
• Illegal Campers with a Vehicle — calls
where the officer added a vehicle plate.
• Responder pie chart displays
primary/initial responders
Other, 2, 0%
)s, 89,
5%
Attachment 2, Page 1 of 3
Patrol, 487,
81%
2019
54,922
2020
50,172
2021 2022
50,157 49,921
Total Calls for
Service
480
Illegal Camping
Calls
394
498 674
% of all Calls that
were related to
0.9%
0.8%
1.0% 1.4%
illegal camping
• Illegal Camping Calls were calls for service that were specifically designated as illegal
camping (i.e. the "nature code" was illegal camping)
2. SPD Response
Total Illegal Camping Calls 674
Dispatched Calls 600
Not Dispatched/Info-Only Calls 74
Illegal Campers with a Vehicle 327
• Illegal Campers with a Vehicle — calls
where the officer added a vehicle plate.
• Responder pie chart displays
primary/initial responders
Other, 2, 0%
)s, 89,
5%
Attachment 2, Page 1 of 3
Patrol, 487,
81%
3. Dispositions for Dispatched Calls
Enforcement
Action Taken,
73,12%
1
Warnings = 31
Tows = 1
Tags = 27
Cites = 12*
Arrests = 2
No Contact,
116 19%
Resolved, 411,
69%
No Contact
UTL — Unable to Locate
GOA — Gone on Arrival
REL — Relayed
Resolved
ADVI —
Advised
RESL —
Resolved
UNFD
— Unfounded
ASST —
Assisted
PCHK
— Patrol Check
WELC
— Welfare Check
REPT —
Report Taken
• No Contact — UTL, GOA, REL, etc. —
Officers did not contact the offender(s).
• Resolved — ADVI, RESL, etc. — The
issue was a misunderstanding or was
resolved through discussion; no
enforcement action taken.
• Enforcement Action Taken — TOW, CIT,
ARR, etc. — some level of enforcement
action was taken. The vehicle was
towed, the offenders were cited or
arrested, or the offenders were
trespassed. Cites/arrests were not
necessarily related to the illegal
camping.
*
Enforcement Action Taken
TAG — Vehicle Tagged
TOW — Vehicle Towed
ARR — Arrest
WARN — Warning
CIT — Citation
*The cite count for Call Dispositions represents the number of times an illegal camping call resulted in a citation
(for anything). SPD issued 16 citations for illegal camping. Illegal camping citations may have been given out on
calls that did not have a nature code of illegal camping.
Attachment 2, Page 2 of 3
4. Site Types
90
79
80
70
60
50
40
30
23
20 15 11 14 18
10 5 7 6 � 6 �
0
0�4�°� ��.� �' �� ���fio55 .����0 G���•� �G��� �G�ti� ct`4`o�- �,5� oQ�� �°�,� �����fiw ��°off 1 �,��b
11
G° ro4 b
• Undesignated locations represent locations that were not geotagged to a registered
business address. Undesignated locations include residential areas and curbsides.
5. Districts
Other, 5, 1%
J411—
East, 147, 24%
West, 448, 75%
• "West" indicates west
of 28th Street, and
"East" indicates east of
28th Street.
• "Other" indicates
addresses that were
discovered to be on
county/Eugene
property
Attachment 2, Page 3 of 3
I k
a
q
004
I
rdinance,
resented=: City ty Attorney's Office
"Mi
0 at
• This work session is intended to
provide information about camping
Discussion on public property and receive
Council guidance on the revision of
Agenda the City's camping code.
• This subsequent regular session in
April will include a public hearing and
first reading of the proposed
ordinance and code.
A governmental entity cannot
criminalize conduct that is an
unavoidable consequence of being
homeless — namely sitting, lying, or
sleeping.
HB 3115 - Any city or county law that
regulates the act of sitting, lying,
sleeping or keeping warm and dry
outside on public property must be
"objectively reasonable" based on the
totality of the circumstances as
3plied to all stakeholders including
Attachment 3, Page 3 of 7
arsons experiencing homelessness.
• 24-hour time limit
• ROW -safety issues with on -
ramps, high traffic areas
• Burning/warming fires
• Flexibility to change areas in an
emergency
• Limit storage of personal
property
• Waterways/sensitive areas
• ADA access
• Maintain distance from other
camping
Attachment 3, Page 4 of 7
SPD overall calls
• Increasing
• Half of the calls involve
a vehicle
Total Illegal Camping Calls
Dispatched Calls
Not Dispatched/Info-Only Calls
Illegal Campers with a Vehicle
Attachment 3, Page 5 of 7
674
.CI
74
327
occur west
Mostly patrol response
CAHOOTS, 22,
4%
Other, 2, 0%
Patrol, 487, 81%
enforcement
Enforcement
Action Taken,
73,12%
Attachment 3, Page 6 of 7
Resolved, 411,
69%
No Contact,
116, 19%
Conclusion � •This area of the law is developing
• Next -Public Hearing on new code
4/17/2023
• Next -focus on community input