Chapter 8.40
CAMPING REGULATIONS AND CAMPSITE REMOVAL POLICY
Sections:
8.40.030 Time, place, and manner regulations.
8.40.050 Health and safety fee – Fines, enforcement.
8.40.060 Campsite removal – ORS 195.500 through 195.505.
8.40.070 City manager authority.
Exhibit B City-designated campsite.
8.40.010 Purpose.
The purpose of this chapter is to (1) maintain streets, parks, and other public areas within the city in a clean, sanitary, and accessible condition, and (2) adequately protect the health, safety, and public welfare of the community by imposing time, place, and manner regulations that identify when, where, and how camping on city property is permitted. [Ord. 23-886 § 3 (Exh. A § 1), 2023]
8.40.020 Definitions.
For purposes of this chapter, the following terms and phrases have the meanings assigned to them below:
“Alley” means a narrow way providing a means of public or private access to the back or side of a property which is not intended for general traffic circulation.
“Camp” or “camping” means to pitch, erect, create, use, and/or occupy camp facilities for the purpose of habitation, as evidenced by use of camp paraphernalia.
“Camp facility(ies)” include, without limitation, tents, huts, temporary shelters, lean-tos, shacks, and/or any other structures (or parts thereof).
“Camp paraphernalia” includes, without limitation, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, outdoor cooking devices, and/or similar equipment.
“Campsite(s)” means any place where one or more persons have established living accommodations by use of camp facilities and/or camp paraphernalia.
“City manager” means the city’s then-appointed city manager and his or her designee.
“City property” means all real property, land, and public facilities owned, leased (either to the city or by the city), controlled, and/or managed by the city.
“Established campsite(s)” means a campsite in place for more than 24 hours.
“Fire department” means city of Burns fire department.
“Personal property” means any item that can reasonably be identified as belonging to an individual that has apparent value or utility.
“Public park(s)” means all property owned and/or controlled by the city which is operated for public use for recreational and/or open space purposes.
“Recreational fire” means a fire for the cooking of food, warmth, fellowship, and/or ceremonial purposes.
“Right-of-way” means streets, public utility easements, and/or other public rights-of-way.
“Sidewalk” means that portion of the street between the curbline and adjacent property line intended for use of pedestrians, including multi-use pathways (i.e., pathways for bicycles and pedestrians).
“Street” means any highway, lane, road, street, alley, right-of-way, and every way or place in the city that is publicly owned and/or maintained for vehicular travel (whether improved or unimproved).
“Vehicle” means either a “motor vehicle” as defined in ORS 801.360 (including a motor vehicle with an attached “camper” as defined in ORS 801.180), “motor home” as defined in ORS 801.350, and/or any vehicle manufactured or modified to accommodate sleeping. [Ord. 23-886 § 3 (Exh. A § 2), 2023]
8.40.030 Time, place, and manner regulations.
Camping is permitted on city property subject to the time, place, and manner regulations contained in this chapter.
(1) Time Regulations. Except as expressly authorized by this code, camping is prohibited on all city property from one hour after sunrise to one hour before sunset. During those times when camping is prohibited, all camp facilities and paraphernalia must be removed from city property.
(2) Place Regulations. Unless otherwise specifically authorized by this code or by declaration of the mayor and/or city manager due to emergency circumstances, camping is prohibited on all city property except the city-designated camping area described and depicted on Exhibit B. The city may change and/or modify permissible locations for camping from time to time and at any time via council resolution. The city may require that persons camping on city property relocate within the same area or to other city property to permit cleaning, maintenance, rehabilitation, and/or repair of city property. Persons camping on city property must comply with all lawful city orders to relocate and must not interfere, impede, and/or obstruct any cleaning, maintenance, rehabilitation, and/or repair activities.
(3) Manner Regulations. At times and locations where camping is permitted under this chapter, the following regulations apply:
(a) Camping in a manner that reduces the clear, continuous sidewalk width to less than three feet is prohibited;
(b) At no time may camp facilities, whether constructed with plywood, wood materials, pallets, and/or other materials, be built or placed on city property by anyone other than, or as authorized by, the public entity that owns or controls the city property in question (tents and similar items used for shelter that are readily portable are not prohibited by this subsection);
(c) A camp or camping must be limited within a spatial footprint of 150 square feet in surface area (the intent of this subsection is to permit a person to sleep and maintain the essentials for living, while still maintaining the ability of everyone to use public spaces as designed and intended);
(d) Individuals may not accumulate, discard, and/or leave behind garbage, debris, human waste, unsanitary or hazardous materials, and/or other items of no apparent utility in a right-of-way, on city property, and/or on any adjacent public or private property;
(e) Open flames, recreational fires, burning of garbage, bonfires, and/or other fires, flames, and/or heating deemed unsafe by fire department are prohibited (some cooking stoves and other means of keeping warm may be allowed if permitted by fire department);
(f) Dumping of gray water (i.e., wastewater from baths, sinks, and the like) or black water (i.e., sewage) into any facilities or places not intended for gray water or black water disposal is prohibited (this includes, without limitation, storm drains which are not intended for disposal of gray water or black water);
(g) Unauthorized connections or taps to electrical or other utilities, or violations of building, fire, and/or other relevant codes or standards, are prohibited;
(h) Obstruction or attachment of camp materials or personal property to fire hydrants, utility poles, and/or other utility or public infrastructure, fences, trees, vegetation, vehicles, and/or buildings is prohibited;
(i) Storage of personal property, including, without limitation, vehicle tires, bicycles, and/or associated components (except as needed for an individual’s personal use), gasoline, generators, lumber, household furniture, extra propane tanks, combustible material, and/or other items or materials, is prohibited (other than what is related to camping, sleeping, and/or keeping warm and dry);
(j) Digging, excavation, terracing of soil, alteration of property or infrastructure, and/or damage to vegetation or trees is prohibited; and
(k) All persons must comply with all city rules and/or policies concerning camping on city property.
Notwithstanding anything contained in this chapter providing otherwise, the city manager may temporarily authorize camping and/or storage of personal property on city property by written order that specifies the period of time and location for the camping and/or storage under the following circumstances: (i) emergency circumstances; (ii) in conjunction with a special event permit; and/or (iii) upon finding it to be in the public interest and consistent with the council’s goals and policies. [Ord. 23-886 § 3 (Exh. A § 3), 2023]
8.40.040 Vehicle camping.
Chapter 10.25 BMC provides acceptable methods, prohibitions, and restrictions concerning the parking of vehicles on public streets within city. Those regulations are applicable to all individuals, including those who use vehicles for shelter and/or sleeping. Individuals may use vehicles for shelter and/or sleeping purposes within city under the following circumstances:
(1) The vehicle is legally parked in compliance with this code and any applicable policies. Use of a vehicle for habitation and/or sleeping purposes exceeding one hour will only be parked at the designated parking area on and at the park location identified in BMC 8.40.030(2).
(2) Open flames, recreational fires, burning of garbage, bonfires, and/or other fires, flames, and/or heating deemed unsafe by the fire department are prohibited in, on, and/or around vehicles. The safe and lawful operation of cooking stoves and other devices for keeping warm are permitted subject to this code.
(3) Dumping of gray water (i.e., wastewater from baths, sinks, and the like) or black water (i.e., sewage) into any facilities and/or places not intended for gray water and/or black water disposal is prohibited. This includes, without limitation, storm drains, which are not intended for disposal of gray water and/or black water.
(4) Storage of material outside a vehicle is prohibited other than what is incidental to short-term loading or unloading the vehicle.
(5) Vehicles must be operational (i.e., capable of being started and driven under their own power, or ready to be towed if designed to be towed) and may not be discarded or left inoperable in public rights-of-way and/or on city property.
(6) No building and/or erecting of any structures connecting and/or attaching to vehicles is permitted, including tents that are not designed and manufactured to be attached to a vehicle.
(7) Persons may not accumulate, discard, and/or leave behind garbage, debris, human waste, unsanitary or hazardous materials, and/or other items of no apparent utility in public rights-of-way, on city property, and/or on any adjacent public or private property. [Ord. 23-886 § 3 (Exh. A § 4), 2023]
8.40.050 Health and safety fee – Fines, enforcement.
(1) Health and Safety Fee. Any person who violates BMC 8.40.030 or 8.40.040 will first be subject to a health and safety fee in an amount not to exceed $35.00. The purpose of the health and safety fee is to reimburse the city for the expense of maintaining a healthy, safe, and organized community for the public.
(2) Fines. A willful violation of BMC 8.40.030 or 8.40.040 carries a penalty of no more than $250.00; the actual fine imposed will be determined at the discretion of the code enforcement officer, city manager, or hearings officer. A violation is “willful” if the prohibited act or omission under BMC 8.40.030 or 8.40.040 occurs or continues after issuance of the health and safety fee. Each violation will constitute a separate offense. Continuing violations of the same offense will not constitute a separate offense for each day the violation occurs. [Ord. 23-886 § 3 (Exh. A § 5), 2023]
8.40.060 Campsite removal – ORS 195.500 through 195.505.
(1) Campsite Removal Policy. The city recognizes the social nature of the problem of homeless individuals camping on city property. In accordance with ORS 195.500 through 195.505, the city has developed the campsite removal policy contained in this section to ensure the most humane treatment for the removal of homeless individuals from campsites on city property. Any city law and/or policy that offers greater protections to homeless individuals subject to removal from an established campsite supersedes contrary provisions of this section.
(2) Campsite Removal. Upon determination by enforcement personnel that a camp or camping in violation of this chapter has become an established campsite, or enforcement personnel determine a campsite otherwise in compliance with this chapter endangers the public health and safety, the campsite may be removed consistent with this section. Upon a determination by enforcement personnel that a camp or camping in violation of this chapter is not an established campsite, the campsite may be removed without complying with the notice requirements under subsection (3) of this section.
(3) Notice Required. The following notice requirements apply to the removal and clearing of campsites: (a) notice is not required prior to removal and clearance of a campsite that is not an established campsite; and (b) at least 72 hours before removing individuals and personal property from an established campsite, law enforcement officials must post written notice, in English and Spanish, at all entrances to the campsite to the extent that the entrances can reasonably be identified. The written notice required under subsection (3)(b) of this section must state or contain, at a minimum, the following: (i) where unclaimed personal property will be stored; (ii) the telephone number that individual(s) may call to find out where personal property will be stored; or (iii) if a permanent storage location has not yet been determined, the address and telephone number of an agency that will have the information when available. If a funeral service is scheduled with less than 72 hours’ notice at a cemetery at which there is a campsite, or a campsite is established at a cemetery less than 72 hours before the scheduled service, the written notice required under subsection (3)(b) of this section may be posted at least 24 hours before removing homeless individuals from the campsite.
(4) Exceptions to Notice Requirements. Notwithstanding anything contained in this chapter to the contrary, the 72-hour notice required under subsection (3)(b) of this section will not be applicable (i.e., will not be required) under the following circumstances: (a) when there are grounds for law enforcement officials to reasonably believe that illegal activities other than camping are occurring at an established campsite; (b) an exceptional emergency at an established campsite, including, without limitation, possible site contamination by hazardous materials, a public health emergency, and/or other immediate danger to human life or safety.
(5) Local Agencies. When a 72-hour notice is posted under subsection (3)(b) of this section, law enforcement officials must inform the local agency that delivers social services to homeless individuals as to where the notice has been posted. The local agency may arrange for outreach workers to visit the campsite that is subject to the notice to assess the need for social service assistance in arranging shelter and other assistance.
(6) Personal Property.
(a) All personal property at a campsite that remains unclaimed after removal/clearing, whether notice is required under this policy or not, must be given to (i) law enforcement official, (ii) local agency that delivers social services to homeless individuals, (iii) outreach worker, (iv) local agency official, or (v) person authorized to issue a citation for unlawful camping under state law, administrative rule, or city or county ordinance.
(b) Unclaimed personal property must be stored in a facility located in the same community as the campsite from which it was removed. Items that have no apparent value or utility or are in an unsanitary condition may be immediately discarded upon removal of the homeless individuals from the campsite. Weapons, controlled substances other than prescription medication, and items that appear to be either stolen or evidence of a crime must be given to or retained by law enforcement officials.
(c) Unclaimed personal property removed from a campsite must be stored in an orderly fashion, keeping items that belong to an individual together to the extent that ownership can reasonably be determined. Unclaimed personal property will be stored in a manner in which it is possible to identify the date the property was removed and location where the property was removed. Unclaimed personal property will be stored for a minimum of 30 days during which it must be reasonably available to any individual claiming ownership. Any personal property that remains unclaimed after 30 days may be disposed of or donated to a corporation described in Section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 2020.
(7) Policy Evaluation. Following the removal of homeless individuals from a campsite on city property, law enforcement officials, local agency officials and outreach workers may meet to assess the notice and removal policy, to discuss whether the removals are occurring in a humane and just manner and to determine if any changes to this policy are needed.
(8) Prohibition on Citations in Limited Circumstances. A person authorized to issue a citation for unlawful camping under state law, administrative rule, and/or city or county ordinance may not issue the citation if the citation would be issued within 200 feet of a notice required under subsection (3)(b) of this section and within two hours before or after the notice was posted. [Ord. 23-886 § 3 (Exh. A § 6), 2023]
8.40.070 City manager authority.
The city manager may adopt administrative rules and/or policies to implement the provisions of this chapter. [Ord. 23-886 § 3 (Exh. A § 7), 2023]
8.40.080 Preemption.
If and to the extent any provisions of this code conflict with BMC 8.40.010 through 8.40.060, the provisions of this chapter will control and supersede conflicting provisions contained in this code. [Ord. 23-886 § 3 (Exh. A § 8), 2023]
Exhibit B City-Designated Campsite
[Ord. 23-886 § 3 (Exh. A § 5), 2023]