HomeMy WebLinkAboutOrdinance No. 6459 CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. 6459 (GENERAL)
AN ORDINANCE REPEALING AND REPLACING SPRINGFIELD MUNICIPAL CODE SECTION
5.130 RELATING TO PROHIBITED CAMPING ON PUBLIC PROPERTY
WHEREAS, in 2021, the Oregon Legislature passed HB 3115 (later codified as ORS 195.530) requiring
any city or county law regulating the act of sitting, lying, sleeping or keeping warm and dry outdoors
on public property that is open to the public to be objectively reasonable as to time, place and manner
with regards to persons experiencing homelessness; and
WHEREAS, prior to the passage of HB 3115, all camping on public property in the City of Springfield
was effectively prohibited; and
WHEREAS, camping on public property like rights-of-way, parking lots and sidewalks is inconsistent
with the intended use by creating unsafe conditions for pedestrians and motorists, increased trash and
litter, fire risk through open burning and impeding access to adjacent properties; and
WHEREAS, like many communities in Oregon, Springfield has experienced an increase in
homelessness resulting in some people living and sheltering outdoors including on public property; and
WHEREAS, the Springfield City Council acknowledges the current lack of housing regionally and
recognizes the systemic lack of state and federal investment in shelter and public health services for
persons experiencing homelessness; and
WHEREAS, the Springfield City Council has tried to address homelessness in the community through
efforts like the Overnight Parking and RV as Temporary Housing programs, assisting Mainstream
Housing in their emergency pallet shelter site and designating ARPA funds for Ann's Heart Women
Shelter for the acquisition of a home to provide housing for women experiencing homelessness in
Springfield; and
WHEREAS, Springfield City Council members also sit on regional bodies that address homelessness
like the Human Services Commission and the Poverty and Homeless Board and it further designates
some of its federal Community Development Block Grant funds to support a human services delivery
system to address the needs of homeless persons and special needs populations through the Human
Services Commission; and
WHEREAS, in replacing SMC 5.130, the Springfield City Council analyzed the prohibited camping
enforcement data in Springfield from 2022, prohibited camping codes from other jurisdictions and
conducted public outreach through a public hearing, an online survey, asking for written
communications from constituents, and a written survey available at Ebbert United Methodist Church
for their meal guests; and
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Springfield Municipal Code Section 5.310 is repealed and replaced as provided in
Exhibit A, attached hereto and incorporated by reference.
Section 2. Savings Clause. Except as specifically amended herein, Chapter 5 of the
Springfield Municipal Code shall continue in full force and effect. The prior code provisions changed by
this Ordinance remain in full force and effect to authorize enforcement actions against prohibited
camping occurring prior to the effective date of this Ordinance.
Section 3. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereof.
ADOPTED by the Common Council of the City of Springfield this 5th day of June, 2023, by a
vote of 5 for and I against. (Rodley)
APPROVED by the Mayor of the City of Springfield this 5th day of June, 2023.
Mayor
ATTEST:
REVIEWED&APPROVED
AS TO FORM
Mary 6rfAgj!tSwuth
DATE: J-5,2023
City Recorder SPRINGFIELD CITY ATTORNEY50FFICE
Ordinance No. 6459
Exhibit A, Page 1 of 3
5.130 Prohibited Camping
(1) Definitions
a. To "camp" or the act of "camping" means to pitch, use, or occupy camp
materials or a camp for the purpose of occupancy, habitation, or sheltering
for survival, and in such a way as will facilitate sleeping or storage of personal
belongings, carrying on cooking activities, taking measures to keep protected
from the elements including heat and cold, or any of these activities in
combination with one another or in combination with either sleeping or
making preparations to sleep. A"camp" is a location where people camp or
are camping.
b. "Camp materials" may include, but are not limited to, tents, huts, awnings,
lean-tos, chairs, tarps or tarpaulins, cots, beds, sleeping bags, blankets,
mattresses, sleeping or bedding materials, food or food storage items, and/or
similar items that are or appear to be used as sheltering, habitation and/or
sleeping accommodations, or to assist with sheltering, habitation and/or
sleeping activities.
c. "Established campsite" means a location or locations in the public right-of-
way or on City property where a camp, camps, and/or camp materials have
been set up for 24-hours or more. Note: "camp""camping""camp materials"
and "established campsite"do not include vehicles or recreational vehicles
used for shelter and/or sleeping, which are regulated under Chapter 6 of this
code.
d. "City Property" means all real property, land and public facilities owned,
leased (either to the City or by the City), controlled, or managed by the City
of Springfield including parking lots.
(2) Time Restriction - Unless specifically provided otherwise in this code, no established
campsites are permitted.
(3) Place Restrictions
a. It is prohibited at all times for any person to use City property to camp or for
camping or for the purpose of occupancy, habitation, or sheltering for
survival, provided that the City Manager may, in their discretion, designate
certain City properties or portions of properties as areas where camping or
sleeping may be allowed on a limited basis, and may set the terms and
conditions of any camping or vehicle use that may be allowed.
b. In addition to the prohibition on camping on City property in Section 3(a)
camping is not allowed at any time in any of the following places:
i. Any area zoned Residential (R-1, R-2, R-3) on the City of Springfield
Zoning Map in effect at the time.
Ordinance No. 6459
Exhibit A, Page 2 of 3
ii. Within the Downtown Exception Area as defined in Section 6.1.100 of
the Springfield Development Code.
iii. Within the riparian corridor of a Water Quality Limited Watercourse or
tributary, as determined by the Water Quality Limited Watercourse
Map and the Springfield Development Code.
iv. Within any stormwater quality facility as shown on or approved by any
land decision or development permit.
v. Any place where camping, a camp, or camp materials create a
physical impediment to emergency or non-emergency ingress, egress
or access to property, whether private or public, or on public
sidewalks or other public rights-of-way, including but not limited to
driveways providing access to vehicles, and entrances or exits from
buildings and/or other real property.
vi. Any vehicle lane, bicycle lane, or roundabout within any public right-
of-way.
vii. Within 1,000 feet from any temporary emergency shelter approved
under sections 8.010 or 8.012 of this code or other shelter approved
under the Springfield Development Code and/or any applicable
provision of state law.
viii. On any street or public right-of-way that the City has closed to
camping due to construction, heavy vehicle use, or other use of the
roadway that is incompatible with camping in the right-of-way. The
City does not need to close a street to vehicle traffic to close a street
to camping under this section.
ix. In any public park or multi-use path.
(4) Manner Regulations - Camping, when and where allowed, is subject to all of the
following requirements:
a. Individuals, camp materials, camps or personal property may not obstruct
sidewalk accessibility or passage, clear vision, fire hydrants, City or other
public utility infrastructure, or otherwise interfere with the use of right of way
for vehicle, pedestrian, bicycle or other passage.
b. Individuals may not accumulate, discard or leave behind garbage, debris,
unsafe or hazardous materials, or other items of no apparent utility in public
rights of way, on city property or any adjacent public or private property.
c. Individuals may not have open flames, recreational fires, bonfires or burn
garbage or other material.
d. Dumping of gray water (i.e., wastewater from baths, sinks, and the like) or
Ordinance No. 6459
Exhibit A, Page 3 of 3
black water (i.e., sewage) into any facilities or places not intended for gray
water or black water disposal is prohibited. The includes but is not limited to
storm drains, which are not intended for disposal of gray water or back water.
e. Unauthorized connection or taps to electrical or other utilities, or violations of
building, fire or other relevant codes or standards, are prohibited.
f. Obstruction or attachment of camp materials or personal property to fire
hydrants, utility poles or other utility or public infrastructure, fences, trees,
vegetation, vehicles or buildings is prohibited.
g. Individuals may not build or erect structures, whether by using plywood,
wood materials, pallets, or other materials. Items such as tents and similar
items used for shelter that are readily portable are not structures for the
purposes of this section.
h. Storage of personal property such as vehicle tires, bicycles or associated
components (except as needed for an individual's personal use), gasoline,
generators, lumber, household furniture, combustible materials is prohibited,
other than what is related to camping, sleeping or keeping warm and dry.
(5) Enforcement
a. The City Manager is specifically authorized to modify or suspend enforcement
of any section or element of this section in the event of a declared
emergency, pursuant to administrative rules or polices, weather conditions or
any other reason within the City manager's authority regardless of whether
an emergency has been declared.
b. The City Manager may adopt administrative rules or policies governing or
governing enforcement of the chapter, including but not limited to ensuring
consistent and appropriate enforcement for various circumstances.
c. The offenses specified in subsections (1), (2), (3) and (4) are punishable as
violations and may include a fine not exceeding $720.00 pursuant to SMC
section 1.205.
Ordinance No. 6459