Chapter 12.65
PROHIBITED CAMPING
Sections:
12.65.040 Campsite and personal property removal.
12.65.050 Penalties, enforcement, and rulemaking.
12.65.010 Purpose.
The purpose of this chapter is to (A) maintain streets, parks, and other public areas within the city in a clean, sanitary, and accessible condition, and (B) 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 allowed. (Ord. 25-01 § 1 (Exh. A), 2025).
12.65.020 Definitions.
For the purposes of this chapter, the following definitions apply unless inconsistent with the context:
“Available shelter” means a shelter that is able to be used or is at a person’s disposal based on the individual facts and circumstances of that particular person. A shelter is considered not available to a person if, based on the individual facts and circumstances of that particular person, the shelter cannot be accessed or utilized for sitting, sleeping, and keeping warm and dry. Such situations include, but are not limited to, a shelter that:
1. Requires payment and the individual does not have money to pay for the shelter;
2. Has a maximum stay rule or temporal requirement or deadline the person has exceeded or not met;
3. Cannot reasonably accommodate the person’s mental health or physical needs;
4. Is unavailable due to the person’s family status, age, gender, gender identity, sexual orientation, or other status;
5. Has excluding general rules that prohibit alcohol or drug use in the shelter or on shelter grounds or is unavailable to the person because the shelter has rules about alcohol or drug use that the person does not meet;
6. May prohibit a minor child to be housed in the same facility with at least one parent or legal guardian;
7. Requires participation in religious activity or receipt of religious information or religious teaching the person does not wish to participate in or receive; or
8. Requires a person to leave their pet(s) unattended in order to stay at the shelter. This section does not apply to service animals under the Americans with Disabilities Act.
“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” 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 any real property or structures owned, leased or managed by the city, including, but not limited to, public parks, streets, sidewalks, and public rights-of-way within city jurisdictional boundaries.
“Established campsite” means a campsite in place for more than 24 hours.
“Motor vehicle” means any vehicle that is self-propelled and, for the purposes of this chapter, includes all recreational vehicles whether or not self-propelled.
“Parking lot” means a developed location that is designated for parking motor vehicles, whether developed with asphalt, concrete, gravel, or other material.
“Personal property” means any item that can reasonably be identified as belonging to an individual and that has apparent value or utility.
“Shelter” means a place an individual may access for the purposes of sitting, sleeping, and keeping warm and dry, which may include, but is not limited to, a residence, hotel, motel, or a public or private facility developed or legally established for people experiencing homelessness that does not charge for services.
“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. 25-01 § 1 (Exh. A), 2025).
12.65.030 Prohibited camping.
A. Except as expressly authorized by this code or state or federal law, it is unlawful for any person to camp or otherwise create a campsite on city property:
1. Between the hours of 7:00 a.m. and 9:00 p.m.
2. Within any public right-of-way.
3. Within maintained areas of any city park.
4. Within the downtown core, including upon City Hall property or any city parking facilities.
5. Within any city water plant facility, including the water treatment plant, the reservoir, the Abiqua Dam, and Silver Creek Intake.
6. Within any city public works shops, including the Sheltering Silverton property.
7. Within 500 feet of any lot or parcel containing an elementary school, secondary school, or high school.
8. Within 500 feet of any state or interstate highway.
9. Within 150 feet of any other campsite.
10. Under any bridge or viaduct.
11. That exceeds 100 square feet in total area.
12. That utilizes a fire or gas stove.
B. The city manager may adopt administrative rules, which limit not only the place, but also the time or manner in which camping may occur. A violation of the administrative rules authorized by this subsection shall constitute a violation of this code.
C. Except as otherwise authorized by this code or by the city manager, it shall be unlawful for any person to store personal property, including camp facilities and camp materials, on any city property if the personal property:
1. Was unattended for more than three hours; or
2. Takes up more space than five cubic feet.
D. Notwithstanding the provisions of this chapter, the manager may temporarily authorize camping or storage of personal property on city property by written order that specifies the period of time, manner, and location:
1. In the event of emergency circumstances;
2. In conjunction with a special event permit or temporary use permit;
3. Upon finding that a person does not have available shelter within the city; or
4. Upon finding it to be in the public interest and consistent with council goals and policies.
E. The city manager may at any time revoke permission to use city property for camping or storage of personal property as authorized by this subsection upon determining that allowing the city property for such uses would create dangerous conditions or a health threat to the public or if the basis for authorization no longer exists. (Ord. 25-01 § 1 (Exh. A), 2025).
12.65.040 Campsite and personal property removal.
The city manager shall adopt administrative rules regarding the removal of established campsites and associated personal property from city property. A violation of the administrative rules authorized by this section shall constitute a violation of this code. (Ord. 25-01 § 1 (Exh. A), 2025).
12.65.050 Penalties, enforcement, and rulemaking.
A. A violation of this chapter is punishable and may result in the assessment of an appropriate penalty of $0.00 per day for first offense, $50.00 per day for second offense, and $100.00 per day for third offense and all subsequent offenses, for each day that the violation occurs and continues unabated.
B. When the city refers a service provider to an individual who is cited for a violation(s) of this chapter and the individual demonstrates they meaningfully engaged with that or another similar service provider after receiving the citation and before the hearing, the fine is eligible to be reduced or eliminated at the discretion of the judge.
C. The city manager may adopt administrative rules to implement any of the provisions of this chapter.
D. In addition to any other penalties that may be imposed, any property used for camping in a manner not authorized by this chapter or other provisions of this code shall constitute a public nuisance and may be abated in accordance with Chapter 8.04 SMC. (Ord. 25-01 § 1 (Exh. A), 2025).