Chapter 12.20
CAMPING ON CITY PROPERTY AND RIGHTS-OF-WAY
Sections:
12.20.010 Purpose.
The purpose of this chapter is to regulate the time, place, and manner in which individuals may camp on city of Hubbard property and rights-of-way in compliance with Oregon House Bill 3115 (2021) and House Bill 3124 (2021), as well as current federal court decisions Martin v. Boise, 920 F3d 584 (9th Cir., 2019) and Johnson v. City of Grants Pass, 50 F.4th 787 (9th Cir., 2022). (Ord. 381-2023 § 1 (Exh. A))
12.20.020 Definitions.
For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given herein:
(1) “To camp or camping” means to set up or remain in or at a campsite for the purpose of establishing or maintaining a temporary place to shelter for survival from the elements.
(2) “Camp materials” means tents, huts, awnings, lean-tos, chairs, tarps, or tarpaulins, cots, beds, sleeping bags, blankets, mattresses, sleeping or bedding materials, shopping carts, and/or similar items that are or appear to be used as sheltering and/or sleeping accommodations, or to assist with sheltering for survival and/or sleeping activities.
(3) “Campsite” means any place where any camp materials are placed, established, or maintained, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure or any vehicle or part thereof.
(4) “City administrator” means the city of Hubbard city administrator or designee.
(5) “City-owned property” means public real property, land, and premises owned by the city of Hubbard.
(6) “City right-of-way” means the space in, upon, along, across, over or under the city-owned streets, roads, highways, lanes, courts, ways, alleys, bridges, sidewalks, and places used or intended to be used by the general public for travel as the same now or may hereafter exist, that the city has the right to allow the public to use.
(7) “Designated area(s)” means the area(s) the city has identified where individuals may camp consistent with this chapter.
(8) “Individuals who are involuntarily homeless” means the circumstance when there is no available emergency or transitional housing for an individual experiencing homelessness and/or no transportation for such individual to available emergency or transitional housing within the county where the person is located.
(9) “Personal property” means any item that is reasonably recognizable as belonging to a person and has apparent value or utility.
(10) “Rest” means to pause from exertion by stopping, sitting, lying, or sleeping.
(11) “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
(12) “Tobacco or cannabis products” includes, but is not limited to, any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, any part of the plant Cannabis family, or any other form of tobacco or cannabis with may be used for smoking, chewing, inhalation, or other means of ingestion.
(13) “Vehicle” means every device in, upon, or by which any person or property is, or may be, transported or drawn upon any street or highway, and includes any hulk or component thereof, including but not limited to cars, campers, recreational vehicles, motor homes, pickup trucks, pickup truck canopies, and trailers, except devices:
(a) Designed to be moved exclusively by human power; or
(b) Designed to be used exclusively upon stationary rails or tracks.
(14) “Emergency” means when city council has declared an emergency for the city of Hubbard or the city administrator is responding to an emergency at the direction of the city council. (Ord. 381-2023 § 1 (Exh. A))
12.20.030 Time regulations.
Except as authorized pursuant to Chapters 12.05 and 12.20 HMC, individuals who are involuntarily homeless may camp in designated area(s) only during the hours of 9:00 p.m. to 7:00 a.m. (Ord. 381-2023 § 1 (Exh. A))
12.20.040 Place regulations.
(1) It is unlawful for any person to camp or to establish, maintain, or occupy a campsite on city-owned property not identified as a designated area, including but not limited to:
(a) All city parks and city parking lots within the city parks.
(b) All city parking lots, city structures, or other city property not designated for camping as identified in subsection (2) of this section.
(c) All city rights-or-way, including rights-of-way within and adjacent to areas zoned for residential uses and rights-of-way adjacent to child care facilities.
(d) All city sidewalks.
(e) All public transit shelters.
(f) All city property located within 20 feet of a memorial.
(g) Stormwater and wastewater treatment facilities, including but not limited to swales, detention ponds, and drainage ways.
(h) On railroad tracks or within 15 feet of railroad tracks.
(i) On any city property or city right-of-way that the city has closed to the public due to construction, heavy vehicle or machinery use, or other city or city-sanctioned work that is incompatible with camping in the city right-of-way.
(2) Designated Area(s). Individuals who are involuntarily homeless may occupy a campsite within the time regulations provided in HMC 12.20.030 and pursuant to the manner regulations in HMC 12.20.050 in the designated area(s) identified here. For avoidance of doubt, camping is prohibited on all city-owned property and city rights-of-way not designated for camping. (Ord. 381-2023 § 1 (Exh. A))
12.20.050 Manner regulations.
Camping by individuals who are involuntarily homeless, when and where allowed within the city including in the designated area(s) per HMC 12.20.040(2), is subject to the following:
(1) Individuals, camp materials, camps, or personal property, may not reduce the clear, continuous sidewalk width to less than four feet, prevent access to fire hydrants or city or other public utility infrastructure, or otherwise interfere with the use of the right-of-way for vehicular, pedestrian, bicycle, or other passage.
(2) For campsites other than those contained within a vehicle, the campsite must be limited within a spatial footprint of 10 feet by 10 feet, or 100 square feet. For campsites including a vehicle, the campsite and camp materials much be self-contained within the vehicle. The intent of this section is to allow a person to sleep protected from the elements and maintain the essentials for sheltering, while still allowing other to use public spaces as designed and intended.
(3) Open flames, recreation fires, burning of garbage, bonfires, or other fires, flames, or heating are prohibited.
(4) Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, human or animal waste, or other items of no apparent utility in public rights-of-way, on city property, or on any adjacent public or private property.
(5) 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, but is not limited to, storm drains, which are not intended for disposal of gray water or black water.
(6) Unauthorized connections or taps to electrical or other utilities, or violations of building, fire, or other relevant codes or standards, are prohibited.
(7) Storage of the following personal property, except as needed for an individual’s personal use, is prohibited: vehicle tires, bicycles or associated components, gasoline, generators, lumber, household furniture, extra propane tanks, combustible material, shopping carts, or other similar items or materials is prohibited.
(8) 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 structures is prohibited.
(9) Digging, excavation, terracing of soil, alteration of ground or infrastructure, or damage to vegetation or trees is prohibited.
(10) All animals must be leashed, crated, or otherwise physically contained at all times.
(11) Smoking, vaping, and/or the use or distribution of tobacco or cannabis products is prohibited in designated area(s). This regulation does not prohibit the use of prescribed medication when used in accordance with the prescription instructions and when used in location(s) allowed under Oregon law.
(12) Alcohol may not be consumed, used, or distributed in designated area(s).
(13) Controlled substances, as defined by ORS 475.005, may not be consumed, used, manufactured, or distributed in designated area(s).
(14) Vehicle Camping. Individuals who are involuntarily homeless may use vehicles for shelter and/or sleeping in designated area(s) under the following circumstances and subject to conditions and restrictions provided in subsections (1) through (14) of this section:
(a) A vehicle is legally parked in compliance with Hubbard Municipal Code.
(b) Storage of material outside of the vehicle is prohibited, other than incidental to activities such as short-term (maximum 30 minutes) for loading and unloading.
(c) 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 or city property.
(d) Vehicles must be registered and insured, as required by Oregon Vehicle Code.
(e) No building or erecting of any structure connecting or attaching to vehicles is permitted, including tents that are not designed and manufactured to be attached to a vehicle.
(f) Connections from vehicles to public or private stormwater, sewer, water, and electrical systems are prohibited. (Ord. 381-2023 § 1 (Exh. A))
12.20.060 Notice and removal.
The city will comply with relevant state laws and city policies when removing homeless individuals from an established camping site. (Ord. 381-2023 § 1 (Exh. A))
12.20.070 Enforcement.
The city may adopt administrative rules via resolution if deemed necessary. (Ord. 381-2023 § 1 (Exh. A))
12.20.080 Exceptions.
(1) Emergencies. In the event of emergency circumstances, the city administrator may authorize camping or storage of personal property on city-owned property and city rights-of-way by written order that specifies the period of time and location.
(2) Other Temporary Circumstances. The city administrator may temporarily authorize camping or storage of personal property on city-owned property and city rights-of-way by written order that specifies the period of time and location upon finding it to be in the public interest and consistent with council goals and policies. Such temporary action by the city administrator must be considered for ratification by the city council at its next regularly scheduled meeting. (Ord. 381-2023 § 1 (Exh. A))
12.20.090 Severability.
If any section, paragraph, subdivision, clause, sentence, or provision of this title shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgement shall not affect, impair, invalidate, or nullify the validity of the remaining portions of the title. (Ord. 381-2023 § 1 (Exh. A))