Chapter 8.36
COMMUNITY AND HOMELESS PERSON PROTECTION
Sections:
8.36.030 Concurrent legal authority.
8.36.040 Camping prohibited on public property.
8.36.050 Enforcement – Discretion.
8.36.060 Restrictions regarding time, place, and manner.
8.36.090 Notice to vacate public property – Appeals.
8.36.100 Challenge to the reasonableness of this chapter.
8.36.110 Trespass on private property.
8.36.005 Title.
This chapter is entitled the community and homeless person protection ordinance, and may be cited as such. (Ord. 341 § 2 (Exh. A), 2023)
8.36.010 Definitions.
As used in this chapter, the following words and phrases are defined as follows:
(1) “Available shelter space” means shelter space that has capacity and willingness to admit the homeless person for shelter, whether on a long-term or temporary basis. A shelter space is unavailable if:
(a) The homeless person cannot access the shelter space because of the person’s sex, age, disability, or familial status;
(b) Accessing the shelter requires the person to submit themselves to religious teaching or doctrine which they themselves do not believe; provided, however, that the mere performance of religious observances to which participation is not a condition of admittance, or the availability of religious materials at the shelter, does not constitute requiring persons to submit themselves to religious teaching or doctrine;
(c) The person cannot access the shelter space because the shelter has a durational limitation that the person has met or exceeded;
(d) Subject to applicable law, the person is currently under the influence of a substance such as drugs or alcohol, whether legal or illegal, and the shelter space has rules prohibiting the admittance of persons currently under the influence of such substance; or
(e) Subject to applicable law, the person has a record of criminal behavior, and the shelter space has rules prohibiting the admittance of persons with such record of criminal behavior.
(2) “Camp” or “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 nonhazardous personal belongings, carrying on cooking activities, taking measures to keep protected from the elements including cold and heat, 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. The terms “camp” or “camping” do not apply to vehicles, automobiles, or recreational vehicles.
(3) “Camp materials” means tents, huts, awnings, lean-tos, chairs, tarps or tarpaulins, cots, beds, sleeping bags, blankets, food or food-storage items, or similar items that are to be used as living or sleeping accommodations, or to assist with living or sleeping activities used in a camp. The term “camp materials” does not apply to vehicles, automobiles, or recreational vehicles.
(4) “Graywater” means waste water from baths, sinks, and similar implements.
(5) “Homeless person” or “homeless individual” means a person without access to shelter in a structure designed for human habitation. For the purpose of this chapter, the terms “person” and “individual” have the same meaning, and the terms “homeless person,” “houseless person,” “unhoused person,” “unsheltered person,” “person experiencing homelessness,” or “person experiencing houselessness,” or similar variations, have the same meaning.
(6) “Pedestrian” means any individual traveling by means other than a vehicle. “Pedestrian” includes but is not limited to individuals walking; riding bicycles; skating; riding animals; operating a wheelchair or similar mobility aid, whether motorized or otherwise; hiking; or running.
(7) “Public property” means real property owned by Crook County or in which Crook County has a real property interest, not including structures, buildings, or interior spaces, regardless of whether such are suitable for occupancy, and for the purpose of this chapter not including spaces for camping at Crook County campgrounds. “Public property” includes, but is not limited to, rights-of-way, easements, real property licenses, leased property, property owned in fee simple, or property in which the county has a contingent interest.
(8) “Shelter space” means an indoor structure designed for human habitation located within the territorial boundaries of Crook County, including the city of Prineville, which will allow the homeless person to sleep, lie, rest, or sit. Shelter spaces may include but are not limited to private residences, nonprofit or charitable housing structures, hotels or other transient lodgings, and publicly owned structures specifically designated by the owner for use as a shelter for homeless persons. (Ord. 341 § 2 (Exh. A), 2023)
8.36.020 Applicability.
(1) This chapter applies only to the public property owned by Crook County, and does not apply to the property owned by the United States, the state of Oregon, or any other city, county, special district, or public body.
(2) This chapter does not apply to private property. (Ord. 341 § 2 (Exh. A), 2023)
8.36.030 Concurrent legal authority.
The provisions of this chapter are in addition to, and not in place of, all other existing legal authorities, rights, immunities, discretion, or privileges, at law or equity, as the county may implement. Without limiting the foregoing, the ability of the county to impose, defend against, or seek remedy for land use decisions, building or structural specialty code issues, trespass, damage to property, adverse possession, or public or private nuisance, is not limited by this chapter. (Ord. 341 § 2 (Exh. A), 2023)
8.36.040 Camping prohibited on public property.
It is prohibited at all times for a person who has access to available shelter space to use public property to camp or for camping or for the purpose of occupancy, habitation, or sheltering in vehicles, automobiles, or recreational vehicles; provided, that the county court or its designee may, in their discretion, designate certain public property or portions thereof as areas where camping or using vehicles for sheltering or sleeping may be allowed on a limited basis, and may set terms and conditions of any camping or vehicle use that may be allowed. Any use of public property will follow all other legally required processes, including, where applicable, the county land use and/or structural specialty codes inspections. (Ord. 341 § 2 (Exh. A), 2023)
8.36.045 Camping at own risk.
All homeless persons camping on public property as permitted by this chapter or applicable law do so at their own risk, and nothing in this chapter creates or establishes any duty or liability for the county or its officers, employees, elected officials, or agents, with respect to any loss related to bodily injury (including death) or property damage. (Ord. 341 § 2 (Exh. A), 2023)
8.36.050 Enforcement – Discretion.
(1) The county court or designee is authorized to modify or suspend enforcement of any section of this chapter in the event of a declared emergency, weather conditions, or for other good cause within the discretion of the county court or designee, regardless of whether an emergency has been declared.
(2) The county court may adopt administrative policies governing or guiding implementation of this chapter, but not including contradiction of the provisions of this chapter.
(3) Violations of this chapter are subject to enforcement action, which may include a citation seeking legal or equitable remedy.
(4) Citations issued under this chapter will conform to the requirements of Chapters 1.04, 1.08, and 1.12 CCC, as applicable, including but not limited to CCC 1.04.010, General penalties, and 1.12.060, Ordinance enforcement philosophy. (Ord. 341 § 2 (Exh. A), 2023)
8.36.060 Restrictions regarding time, place, and manner.
(1) Time Restrictions. Camping is not allowed in violation of the following restrictions:
(a) Unless otherwise specified, any camping or camp, where allowed, may only occur during the hours of 9:00 p.m. to 7:00 a.m. No homeless individual may camp in any location for more than 14 consecutive nights. A camping location at least 500 feet away from the previous camping location is considered a new location.
(b) The county court may adopt a policy addressing the removing of camps of homeless persons in accordance with applicable law.
(c) Unattended camp materials or personal property may not be stored or left on public property at any time, and is subject to removal.
(2) Place Restrictions. In addition to the provisions of this chapter, camping is not allowed at any time in any of the following places:
(a) Within public property consisting of roads, easements, rights-of-way, or real property licenses granting access to, across, or egress from other property.
(b) Any public property, if the camping, camp, camp materials, or homeless person, or personal possessions of the homeless person, creates a physical impediment to traffic, whether public or private, or whether by vehicles or pedestrians. This includes but is not limited to driveways, entrances or exits to buildings or property, sidewalks, bicycle lanes, roundabouts, road intersections, nature trails, roads, streets, or rights-of-way.
(c) Any specific location, reasonably identifiable to a person of ordinary intelligence and ability, and posted in a reasonably conspicuous manner, as the county court or designee may establish.
(3) Manner Restrictions. Camping by homeless persons, where allowed, is subject to all of the following:
(a) Homeless persons, the personal possessions of homeless persons, camps, camping, or camp materials, may not obstruct accessibility or passage, fire hydrants or any other public infrastructure, clear vision, or otherwise interfere with the right-of-way for vehicle, pedestrian, or other traffic.
(b) A homeless person, personal possessions of a homeless person, camp, or camping material cannot constitute or create a public nuisance, whether by the accumulation of rubbish, garbage, refuse, or hazardous materials; the improper disposal of solid waste; the improper disposal of graywater; the improper disposal of human or animal waste; possession of stolen items, illegal drugs or substances; the conduct of illegal activities; the accumulation of items of no apparent utility, or for any other reason.
(c) A homeless person may not connect to taps, electricity, or other utilities, without prior written permission from the owner of the public property, or in any manner that violates building, fire, electricity, plumbing, or similar code or standards.
(d) A homeless person may not build or erect structures, whether by using wood, pallets, cinder blocks, or other materials. Items such as tents used for shelter that are readily portable are not prohibited by this subsection.
(e) Digging, excavation, terracing of soil, alteration of ground or infrastructure, or damage to vegetation or trees is prohibited.
(f) All animals must be leashed or crated at all times.
(g) Sleeping, lying, or sitting on outdoor public property in a manner that does not create a camp or constitute camping, and otherwise complies with this chapter, is not prohibited.
(h) A homeless person may maintain essentials for living but may not store personal property on public property while engaged in camping unless such storage is essential to living while camping. Mere convenience or to reduce the possibility of theft, without more, is not sufficient to be essential to living while camping. Items prohibited under this subsection include but are not limited to vehicle tires, lawn mowers, scrap metal, more than one operable bicycle per homeless individual, bicycle components not associated with an individual bicycle, household furniture, lumber or construction materials, animals which cannot be adequately cared for, stolen items, or controlled substances other than medication(s) prescribed to the homeless person. (Ord. 341 § 2 (Exh. A), 2023)
8.36.070 Camping in vehicles.
Homeless individuals may use vehicles for shelter or sleeping on public property under the following circumstances:
(1) The vehicle does not violate the time, place, or manner restrictions of CCC 8.36.060, or violate any other provision of this chapter.
(2) Storage of material outside of vehicles is prohibited, other than incidental activities such as short-term loading and unloading.
(3) Vehicles must be operational, and capable of being started and driven away under their own power, or ready to be towed if designed to be towed, and may not be discarded or left inoperable on public property. (Ord. 341 § 2 (Exh. A), 2023)
8.36.080 Use of fire.
(1) A homeless individual may not light fires or operate open flames on public property.
(2) Notwithstanding subsection (1) of this section, a person cited for an alleged violation of subsection (1) of this section may claim as an affirmative defense that he or she acted in exigent circumstances due to extreme cold weather and lighting a fire was necessary to prevent death or serious bodily injury. The fire or open flame must be limited in size and scope to the minimum necessary to prevent death or serious bodily injury.
(3) The affirmative defense described in subsection (2) of this section is not available on days and locations when a public agency has declared a prohibition on fires or open flames. Such public agencies may include, but are not limited to, Crook County Fire and Rescue; the Oregon Department of Forestry; the United States Forest Service; the United States Bureau of Reclamation; or Crook County. (Ord. 341 § 2 (Exh. A), 2023)
8.36.090 Notice to vacate public property – Appeals.
(1) The county may issue a notice to vacate public property. If the individual remains on the subject public property, or if the individual leaves and then returns during the period described in subsection (2) of this section, the individual may be cited in violation of this section.
(2) The notice to vacate public property will contain the following:
(a) The date the notice is issued.
(b) The name of the individual(s) to whom the notice is issued, if known.
(c) The mailing address, email address, or other contact information for the individual(s), if known.
(d) A statement that the individual(s) are no longer allowed on the public property. If this disallowance is limited to any degree, the notice will specify for what purposes the individual(s) may remain or reenter upon the public property.
(e) A duration for which the individual(s) are disallowed on the specified public property. Unless otherwise stated, the duration for such disallowance is 60 days from the date the notice is issued.
(f) A statement that remaining upon or reentering the public property during the period of disallowance, except for any reasons specified under subsection (2)(d) of this section, if any, will result in citation and other legal consequences.
(3) Any person served with such a notice under this section may appeal to the circuit court of Crook County by filing a writ of review. The writ must be filed within seven days of the date the notice was issued and served upon the individual. During the pendency of the appeal to the circuit court, the operation of the notice to vacate is stayed. (Ord. 341 § 2 (Exh. A), 2023)
8.36.100 Challenge to the reasonableness of this chapter.
(1) In accordance with ORS 195.530, a homeless person may bring suit for injunctive or declaratory relief to challenge the objective reasonableness of this chapter. The action must be brought in the circuit court of Crook County.
(2) Reasonableness shall be determined based on the totality of the circumstances, including, but not limited to:
(a) The impact of the law on homeless persons;
(b) Dangers posed by camping on public property to public health and safety;
(c) The need for the free passage of traffic, whether of vehicles or pedestrians, and in particular, restrictions on passage as may be suffered by those with disabilities or mobility problems caused by camping of homeless persons on public property;
(d) The availability of shelter space;
(e) Costs incurred by public entities in cleaning up any camps by homeless persons, including but not limited to costs incurred in storage of personal possessions of homeless persons; environmental remediation costs as may be necessary to address hazardous waste; the costs of employment and overtime for personnel deployed to clean up camps;
(f) The findings of fact adopted in Ord. No. 341; and
(g) Any public testimony provided in the public hearings preceding the adoption of Ord. No. 341.
(3) In any suit brought pursuant to subsection (1) 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 Crook County court of an intent to bring the action and the notice provided the Crook County court with actual notice of the basis upon which the plaintiff intends to challenge the law. Such written and actual notice must be provided to the county administration office during regular working hours.
(4) Nothing in this section creates a private right of action for monetary damages for any person. (Ord. 341 § 2 (Exh. A), 2023)
8.36.110 Trespass on private property.
Notwithstanding anything in the foregoing, this chapter does not limit the ability of owners of private property to seek legal or equitable remedies for trespass, or the creation of nuisances. (Ord. 341 § 2 (Exh. A), 2023)