Chapter 5.60
PUBLIC CAMPING
Sections:
5.60.020 Public camping permitted.
5.60.030 Time, place, and manner restrictions.
5.60.040 Vehicle camping on public property.
5.60.060 Recreational vehicle residency on residential property.
5.60.070 Scheduling and notice of campsite cleanup.
5.60.080 Removal, storage, and retrieval of personal property.
5.60.005 Purpose.
The purpose of this chapter is to protect the health and safety of residents and regulate the use of public property by establishing time, place, and manner restrictions for public camping. [Ord. 445 § 1, 2023.]
5.60.010 Definitions.
“Camp” or “camping” means to pitch, erect, create, use, or occupy camp facilities for the purpose of habitation, as evidenced by the use of camp paraphernalia.
“Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or outdoor cooking devices or utensils and similar equipment.
“City administrator” means the Halsey city administrator, or the city administrator’s designee.
“Dwelling” means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
“Motor vehicle” means a vehicle that is self-propelled or designed for self-propulsion.
“Parking lot” means a developed location that is designated for parking vehicles, whether developed with asphalt, concrete, gravel, or other material.
“Personal property” means items that can reasonably be identified as belonging to an individual and that have apparent value or utility.
“Public property” means any real property or structures owned, leased, or managed by the city, including public rights-of-way.
“Public rights-of-way” means all property dedicated to the public for transportation purposes and administered by the city, including streets, roads, bridges, alleys, sidewalks, trails, paths, and all other public ways and areas managed by the city. “Right-of-way” also includes public utility easements to the extent that the easement allows use by the permittee planning to use or using the public utility easement. “Right-of-way” includes the subsurface under and airspace over these areas. “Right-of-way” does not include the airwaves for purposes of CMRS, broadcast television, DBS and other wireless providers, or easements or other property interests owned by a single utility or entity.
“Recreational vehicle” or “RV” means a vehicle with or without motive power that is designed for use as temporary living quarters and as further defined by the Oregon Department of Transportation in Chapter 735 OAR, Division 022. Examples include motor homes, camping trailers, tent trailers, truck campers, toy haulers with a residential cabin, and camper vans.
“Solid waste” means any garbage, trash, debris, yard waste, food waste, or other discarded materials.
“Store” or “storage” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.
“Vehicle,” within this chapter, means a motor vehicle or recreational vehicle.
“Vehicle camping” means camping inside a motor vehicle or recreational vehicle. [Ord. 445 § 1, 2023.]
5.60.020 Public camping permitted.
(1) Camping on public property is permitted, subject to the time, place, and manner restrictions set forth in HMC 5.60.030 and 5.60.040.
(2) The prohibitions in HMC 5.60.030 and 5.60.040 shall not apply to the following circumstances:
(a) Camping that occurs in accordance with a duly executed emergency declaration made by the city council, mayor, or designate; or
(b) Camping that occurs in accordance with a special event authorized by the city council or city administrator. [Ord. 445 § 1, 2023.]
5.60.030 Time, place, and manner restrictions.
(1) People who do not have any other permanent residence or dwelling and are involuntarily homeless are not prohibited from camping in the public rights-of-way or on public property, provided camping occurs in compliance with the time, place, and manner restrictions in this section.
(2) Time.
(a) Camping, where not prohibited, may only occur between 8:00 p.m. and 7:00 a.m.
(b) Enforcement of time restrictions may be suspended by the city administrator or by the Linn County sheriff’s office when necessary or appropriate to respond to an individual’s disability or unique circumstances, or to extreme weather conditions or other hazardous event.
(3) Place. Except as expressly authorized by the Halsey Municipal Code, it is unlawful to establish, use, or occupy a campsite in the following locations:
(a) The Halsey Memorial Park.
(b) The Veterans Memorial Park.
(c) Halsey City Hall, the parking lots adjacent to City Hall, and the land north of City Hall designated to become the north park.
(d) The Halsey City Library and adjacent parking lot.
(e) The Halsey-Shedd Rural Fire Protection building, and adjacent parking lot.
(f) On land inside the residential zone except as permitted in HMC 5.60.060.
(g) Within 50 feet of the property line of a lot or parcel containing a dwelling.
(h) Within 200 feet of the property line of a parcel or lot containing a public or private school.
(i) Any location that the fire chief, fire marshal, or designate determines to constitute an elevated threat of fire at a particular time of year.
(j) Within 50 feet of railroad tracks or a railroad crossing.
(4) Manner. Camping, when and where not prohibited, is subject to the following:
(a) Individuals, camp materials, camps, or personal property may not obstruct sidewalk accessibility or passage, streets, accesses to buildings or properties, clear vision areas, fire hydrants, city or other public utility infrastructure, drainage ditches, or otherwise interfere with the use of the right-of-way for vehicular, pedestrian, bicycle, or other passage.
(b) A camp is limited to a spatial footprint of 10 feet by 10 feet, or 100 square feet.
(c) Structures erected using plywood, wood materials, pallets, or other materials are prohibited. Items such as freestanding tents and similar items used for shelter that are readily portable are not structures for purposes of this section.
(d) Obstruction or attachment of camp materials or personal property to fire hydrants, utility poles or other utility or public infrastructure, fences, trees, vegetation, vehicles, buildings, or pavilions is prohibited.
(e) All camp materials and personal property must be contained within the tent or tent-like structure except for one mobility device (bike, wheelchair, etc.) per person may be stored outside. For the purpose of this section, a bike with an attached bike trailer is considered one mobility device.
(f) Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no apparent utility in public rights-of-way, on city property, or on any adjacent public or private property.
(g) Open flames, recreational fires, burning of garbage, bonfires, or other fires, flames, or heating deemed unsafe by the Halsey Shedd Rural Fire Protection District are prohibited. Camp stoves, camp heaters and other warming devices that are self-contained, in good working condition, and are constantly supervised are permitted unless deemed a fire hazard by the fire chief, fire marshal, or designee.
(h) Dumping of graywater (i.e., wastewater from baths, sinks, and similar) or blackwater (i.e., sewage) into any facilities or places not intended for graywater or blackwater disposal is prohibited. This includes but is not limited to storm drains, directly into waterways or onto the ground, which are not intended for disposal of graywater or blackwater.
(i) Unauthorized connections or taps to electrical or other utilities, or violations of building, fire, or other relevant codes or standards, are prohibited.
(j) Digging, excavation, terracing of soil, alteration of ground or infrastructure, or damage to vegetation or trees is prohibited.
(k) All animals must be kept in a crate or kept under control on a leash no longer than 15 feet at all times.
(l) All camps, campsites, or camping paraphernalia must be physically attended at all times. If the owner of the campsite leaves, all personal property must be taken with them.
(m) Campers must comply with Chapter 5.50 HMC, Unnecessary Noise, at all times.
(5) Notwithstanding the provisions of this section, the city administrator may temporarily authorize camping or storage of personal property on public property by written order that specifies the period of time and location, upon determining it to be in the public interest and consistent with city council goals and policies. [Ord. 445 § 1, 2023.]
5.60.040 Vehicle camping on public property.
Vehicle camping on public property is permitted, subject to the following conditions:
(1) Vehicle camping must comply with the restrictions in HMC 5.60.030 except the space restriction in HMC 5.60.030(4)(b).
(2) Vehicle camping is not allowed to obstruct streets, driveways, sidewalks, walkways, building accesses, property accesses, or vision clearance areas near corners at intersections.
(3) Vehicles used for vehicle camping must be operable and legally drivable.
(4) Vehicles used for vehicular camping must be moved at least 200 feet every 96 hours.
(5) All personal property must be contained within the vehicle. No personal property, garbage, or debris may be accumulated on the right-of-way near the vehicle.
(6) Recreational vehicle blackwater and graywater tanks must not be discharged into the sewer system or the stormwater system, including ditches.
(7) In the residential zone, a recreational vehicle may be parked on the right-of-way for no more than 96 hours within a 14-day period.
(8) Relocating the recreational vehicle from one location on the public right-of-way within the residential zone to another location on the public right-of-way within the residential zone shall not extend the time limits for parking. [Ord. 445 § 1, 2023.]
5.60.050 Camping on commercial or industrial property, or property owned or controlled by a nonprofit or religious institution.
(1) The owner of a commercial or industrial property, a nonprofit, or a religious institution/place of worship may allow vehicle or tent camping to persons, provided:
(a) The property owner first notifies the city of their intent to allow camping, and of their ability to comply with the other requirements in this section. An inspection must be performed by the city to confirm that sanitary facilities are in place, required setbacks are met, and any storage areas are screened, before vehicle or tent camping commences;
(b) Such accommodations are made free of charge; and
(c) Occupancy is limited to three or fewer vehicles or tents at the same time, in any combination; and
(d) Vehicles or tents are located within an on-premises parking lot, and are spaced at least 10 feet apart; and
(e) All items and materials are stored in vehicles or tents or in a separate storage area that is screened from view from adjacent properties and public rights-of-way; and
(f) Campers are provided access to sanitary facilities, including a toilet, handwashing and trash disposal facilities, with such facilities being at least 20 feet from the property line of a residential use property if not fully contained within a building.
(2) A property owner who allows camping pursuant to subsection (1) of this section may revoke that permission at any time and for any reason.
(3) Notwithstanding the provisions of this section, the city administrator may:
(a) Revoke the right of a property owner to allow camping on property described in subsection (1) of this section upon finding that the property owner or a camper has violated any applicable law, ordinance, regulation or agreement, or that any activity occurring on that property by a camper is incompatible with the use of the property.
(b) A permission revoked by the city administrator under this subsection is subject to notice. Notice will be provided in writing, mailed to the address of record and posted at the site. Notice will include information on how to appeal the decision. A property owner wanting to appeal the decision must submit their appeal in writing to the city within 10 days of the notice of decision. The appeal will be reviewed by the city council in the next available council meeting, but no sooner than seven days after the written appeal was received by the city.
(4) Any person whose permission to camp on property has been revoked pursuant to subsection (2) or (3) of this section must vacate and remove all belongings from the property within four hours of receiving such notice.
(5) All persons participating in a camping program described in subsection (1) of this section do so at their own risk, and nothing in this section or chapter creates or establishes any duty or liability for the city or its officers, employees, or agents, with respect to any loss related to bodily injury (including death) or property damage. [Ord. 445 § 1, 2023.]
5.60.060 Recreational vehicle residency on residential property.
Recreational vehicle camping or temporary residency is permitted on privately owned residential property subject to the following restrictions:
(1) Individuals intending to camp or temporarily reside on private residential property in a recreational vehicle must register with the city before camping can commence.
(2) Residential camping requires written permission from the property owner. The property owner can rescind permission at any time.
(3) Recreational vehicles used for camping on residential property may be placed in the side or rear yard or in a paved or graveled driveway.
(4) Residential camping may occur only in vehicles designed for occupancy, including recreational vehicles, campers, travel trailers, fifth wheels, toy haulers, and similar.
(5) Recreational vehicles used for camping on residential property must comply with the setbacks identified in the Halsey Development Code for accessory structures, unless the camper first applies to the city for an exception, and if that application is approved.
(6) Discharging graywater or blackwater from RVs into the Halsey sewer system or storm drainage system, including ditches, is prohibited.
(7) No personal property may be stored outside the RV unless it is contained in another structure such as a shed.
(8) No more than three such recreational vehicle campers shall be allowed on any residential property.
(9) Use of generators is prohibited between the hours of 10:00 p.m. and 6:00 a.m. [Ord. 445 § 1, 2023.]
5.60.070 Scheduling and notice of campsite cleanup.
(1) Cleanup of illegal campsites will be scheduled by the city administrator in coordination with the Linn County sheriff’s office.
(2) Notification of cleanup for illegal campsites will be posted 72 hours prior to a cleanup event. Signs will be posted on adjacent buildings if feasible, or on stakes in the ground stating the time and date of the cleanup and the time and date of the notice posting. Campers will have 72 hours from that time to remove camping materials and personal belongings, or they become subject to removal, confiscation, or destruction as established in HMC 5.60.080.
(3) Notwithstanding subsections (1) and (2) of this section, cleanup of campsites may occur immediately and without notice if the Linn County sheriff’s office determines that either of the following conditions exists:
(a) An emergency such as possible site contamination by hazardous materials or where there is an immediate danger to human life or safety;
(b) Illegal activity other than camping.
(4) At the cleanup event, written notice will be posted and distributed with information on how to retrieve property that was retained during the event.
(5) Written notices will be in both English and Spanish.
(6) Copies of all notices will be provided to the Oregon Department of Human Services and/or the Linn County Human Services Department. [Ord. 445 § 1, 2023.]
5.60.080 Removal, storage, and retrieval of personal property.
(1) Personal property will be separated from solid waste during cleanups. Solid waste will be immediately discarded. Items of personal property will be turned over to law enforcement or public works and stored. The personal property shall be stored for no less than 30 days, during which time it will be reasonably available to persons claiming ownership of the personal property.
(2) When conducting a campsite removal, the city shall arrange in advance for a location for personal property to be stored.
(3) Any personal property that remains unclaimed for 30 days after the cleanup may be disposed of, sold, donated, used, or transferred as abandoned personal property, but no waiting period beyond the 30 days is required prior to the disposal, sale, donation, use, or transfer.
(4) Weapons, drug paraphernalia, and items which reasonably appear to be either stolen or evidence of a crime may be retained or disposed of by law enforcement in accordance with applicable policies and procedures. [Ord. 445 § 1, 2023.]
5.60.090 Violation – Penalty.
A violation of a provision of this chapter, or an order issued under authority of this chapter, is punishable by a fine not to exceed $500.00. [Ord. 445 § 1, 2023.]
5.60.100 Separate violations.
Each day’s violation of a provision of this chapter or an order issued under authority of this chapter constitutes a separate offense. [Ord. 445 § 1, 2023.]