Chapter 9.65
ILLEGAL CAMPING
Sections:
9.65.040 Camping on private property without consent.
9.65.050 Removal of illegal camps.
9.65.060 City Administrator authority.
9.65.010 Purpose.
It is found and declared that:
1. The City has the right to regulate camping on public property.
2. Persons experiencing homelessness may need to use public property that is open to the public to sit, sleep, or lay down, but the City may regulate the time, place, and manner that these actions occur.
3. The use of the public rights-of-way for sitting, sleeping, or laying down or storage of personal property can impede and obstruct that right-of-way from its intended use, and can create a hazardous situation, and/or imminent threat to life for the person who is using that public right-of-way.
4. These regulations are meant strictly to regulate the use of public property, and are not intended to regulate activities on private property. [Ord. 994 § 4 (Exh. B), 2023.]
9.65.020 Definitions.
As used in this chapter, the following terms and phrases have the meanings set forth in this section:
1. “Camp” or “camping” means to set up or to remain in or at a campsite, for the purpose of establishing or maintaining a temporary or permanent place to live/residence. Using or maintaining a fire or stove without other evidence of a temporary place to live/residence is considered camping.
2. “Campsite” means any place where any indicia of camping is placed, established, or maintained.
3. “Disposable items” means items with no apparent value or utility or that are in an unsanitary condition.
4. “Established campsite” means any campsite that has occupied one location or within a 300-foot radius of that location to the exclusion of the public for any period in excess of 24 hours.
5. “Indicia of camping” means items or activities that may include, but are not limited to: any stove or fire or cooking activity outside of authorized areas; storage of personal belongings; use of tents, lean-tos, shacks, or any other temporary structures or any part thereof for living or storage of personal belongings; designation of an area in a manner to exclude other members of the public by maintaining, using or storing personal belongings or items. Bedding (such as blankets, sleeping bags, or other sleeping matter), by itself, is not indicia of camping.
6. “Parks areas” means publicly owned grounds operated under the supervision of the City of Harrisburg, whether within or outside of the corporate limits of the City of Harrisburg, providing outdoor passive and active recreation opportunities.
7. “Public property” means any real property or structure owned, leased, or managed the City of Harrisburg, including public right-of-way and utility easements.
8. “Social service agency” means a public or private nonprofit organization providing direct assistance, usefulness, or care to individuals experiencing homelessness.
9. “Staying warm and dry” means using measures necessary for an individual to survive outdoors given the environmental conditions but does not include using any measure that involves fire or flame.
10. “Store” or “storage” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location. [Ord. 994 § 4 (Exh. B), 2023.]
9.65.030 Illegal camping.
1. It is unlawful for any person to camp or create an established campsite in or upon a public right-of-way, park, sidewalk, alley, street, under any bridge, or any properties owned by the City of Harrisburg except as provided in Chapter 9.55 HMC, as amended, or by declaration of the City Administrator.
2. Measures taken by persons experiencing homelessness to stay warm and dry while sitting, sleeping, or lying down that are not camping in the areas designated by the City Manager for this purpose are not illegal camping.
a. Measures taken to stay warm and dry while sleeping or lying down within 100 feet from a riparian area or established wetland are strictly prohibited.
3. A violation of this section is a Class C misdemeanor. [Ord. 994 § 4 (Exh. B), 2023.]
9.65.040 Camping on private property without consent.
1. No person is permitted to camp on private property in a vehicle or in places not intended for that purpose, without the permission of the owner or person entitled to the possession thereof.
2. A violation of this section is a Class C misdemeanor. [Ord. 994 § 4 (Exh. B), 2023.]
9.65.050 Removal of illegal camps.
1. Application.
a. This policy applies to all City-elected officials, employees, volunteers, or contractors engaged in the removal of unlawful campsites from City-owned property.
b. In cases where an unlawful campsite is located within a crime scene, or the Linn County Sheriff’s office or other law enforcement agency seizes property for reasons outside the scope of the camp cleanup, then standard law enforcement property and evidence control procedures must be followed.
2. Posting of Written Notice.
a. The City Administrator, or authorized agents, must post a notice at the location of the unlawful campsite no less than 72 hours prior to removing persons from an unlawful campsite.
b. The notice must:
(1) Be posted at all entrances to the unlawful campsite to the extent that the entrances can be reasonably identified;
(2) Notify those persons that they are maintaining an unlawful campsite and that the City intends to clear the unlawful campsite, and remove any persons there, on a specified date;
(3) Provide referral information and current contact information for local social service agencies;
(4) Inform the persons that any personal property retained as a result of the cleanup of the unlawful campsite will be stored at a facility located within the same community as the unlawful campsite for a period of 30 days;
(5) Provide the location where the personal property will be stored, the time at which it may be picked up, and a phone number that individuals may call to arrange for pickup;
(6) Confirm that disposable items retained as a result of the cleanup will be immediately discarded, and weapons, controlled substances other than prescription drugs, and items that appear to be either stolen or evidence of a crime will be turned over to law enforcement officials; and
(7) Be written in English and Spanish.
3. Exceptions to the Notice Requirement.
a. The notification requirements of subsection (2)(b) of this section do not apply:
(1) When the City reasonably believes that illegal activities other than camping are occurring at an unlawful campsite; or
(2) In the event of an exceptional emergency at an unlawful campsite, including, but not limited to, possible site contamination by hazardous materials, a public health emergency, or other immediate danger to human life or safety.
4. Communication With Other Agencies.
a. Prior to posting the 72-hour notice, the City Administrator, or an authorized agent, must notify a local social service agency of the City’s intention to remove the unlawful campsite. Whenever feasible, the City Administrator will arrange for outreach workers from the local social service agency to visit the unlawful campsite to assess the need for additional assistance in arranging shelter or providing additional care as needed.
b. The City Administrator may, at their discretion, request assistance from local law enforcement agencies in the removal and cleanup of an unlawful campsite.
5. Unlawful Campsite Cleanup and Storage Requirements.
a. All unclaimed personal property retained as a result of the cleanup of an unlawful campsite will be stored in an orderly fashion, keeping items that belong to an individual together to the extent that ownership can reasonably be determined. The City may, at its discretion, inventory, photograph, and bag all personal property prior to storing it.
b. All disposable items collected during the cleanup of an unlawful campsite must be disposed of in an appropriate manner.
c. Weapons, controlled substances other than prescription drugs, and items that appear to be either stolen or evidence of a crime must be turned over to law enforcement officials regardless of their condition.
d. Every effort will be made by the City Administrator to secure the health and welfare of any employee assigned to clear and/or clean an unlawful campsite and to utilize properly trained personnel with adequate equipment to manage the potential for exposure to hazardous and infectious materials.
e. The City employee, agent, or contractor managing the cleanup must store any unclaimed personal property at a facility located within the same community as the unlawful campsite for a minimum of 30 days, during which time it must be reasonably available to any individual claiming ownership. Any personal property that remains unclaimed for at least 30 days may be disposed of or donated to a 501(c)(3) nonprofit corporation.
f. The City may, at its discretion, seek reimbursement for expenses incurred by the City in relation to the cleanup of an unlawful campsite, including expenses incurred in the removal and storage of personal property, from a person found to be maintaining an unlawful campsite. Any civil action to obtain reimbursement must be filed in the Linn County Circuit Court within 12 months of the date of cleanup. [Ord. 994 § 4 (Exh. B), 2023.]
9.65.060 City Administrator authority.
The City Administrator is delegated the authority to adopt rules, regulations, and policies to implement reasonably objective time, place, and manner restrictions for sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public. [Ord. 994 § 4 (Exh. B), 2023.]