Chapter 9.30
TRANSITIONAL HOUSING CAMPGROUNDS AND OVERNIGHT CAMPING

Sections:

9.30.010    Purpose.

9.30.020    Definitions.

9.30.030    Transitional housing accommodations.

9.30.040    Camping allowed on designated public property.

9.30.050    Overnight camping programs.

9.30.060    Prohibited camping-related activity.

9.30.010 Purpose.

The purpose of this chapter is to implement programs that provide transitional housing and overnight camping for people who lack permanent shelter and cannot be placed in other low-income housing. (Ord. 563 § 2, 2021; Ord. 545 § 3, 2018)

9.30.020 Definitions.

For purposes of this chapter, the following terms will have the following meaning:

(1) “Campground” means a city-owned parcel located within the city’s urban growth boundary that is designated by the city as suitable to accommodate overnight camping on designated public property in accordance with VMC 9.30.040.

(2) “Campsite” means any place where any bedding, sleeping bag, or other sleeping matter, or any stove or fire is 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.

(3) “Family camping” means the camping of adult(s) legally related to and with one or more children under the age of 18.

(4) “Managing agency” means any public or private organization designated by the city to organize and manage transitional housing accommodations or overnight camping at an approved site.

(5) “Personal property” means any item that is reasonably recognizable as belonging to a person and that has apparent utility.

(6) “To camp” means to set up, or to remain in or at a campsite, for the purpose of establishing or maintaining a transitional place to live.

(7) “Transitional” means temporary in nature, not permanent.

(8) “Vehicle” means any device in, upon, or by which any person or property is or may be transported or drawn upon a public highway and includes vehicles that are propelled or powered by any means. Vehicle does not mean manufactured structure (Oregon State Vehicle Code).

(9) “Walkway” means any sidewalk, path, or shoulder available for pedestrians (Oregon Bicycle and Pedestrian Design Guide). (Ord. 563 § 2, 2021; Ord. 545 § 3, 2018)

9.30.030 Transitional housing accommodations.

ORS 446.265 authorizes the city to approve the establishment of transitional housing accommodations. Such applications are not subject to ORS Chapter 90. Transitional housing accommodations are only available to people who lack permanent shelter and cannot be placed in other low-income housing. Transitional housing accommodations must comply with any public health best practices the Oregon Health Authority adopts that apply to shared health and sanitation facilities at transitional housing accommodations.

(1) Any public or private entity may request city council approval to manage a transitional housing program by contacting city staff. The city council will review all requests to operate a transitional housing program at an accommodation site and decide whether authorization is appropriate. The city council’s decision will become effective upon execution of an agreement between the city and the person or entity approved to operate the transitional housing accommodations.

(2) (a) The agreement referenced in subsection (1) of this section shall be customized to each transitional housing accommodation site and must address, at a minimum:

(i) Types of accommodation and behavior allowed and/or prohibited;

(ii) Sanitation measures;

(iii) Water supply and distribution methods;

(iv) Access;

(v) Allowed structures;

(vi) Maintenance responsibilities;

(vii) Indemnification;

(viii) Insurance;

(ix) Eviction/removal process; and

(x) Conditions for agreement termination.

(b) The agreement referenced in subsection (1) of this section may include additional requirements, including, but not limited to, the maximum amount of time that an individual or a family may use the accommodations.

(3) Any person who lacks permanent shelter is eligible to apply for transitional housing accommodations in accordance with ORS 446.265, unless otherwise specifically authorized by this code or by declaration by the mayor in emergency circumstances.

(4) Family camping is not allowed in an approved site, unless circumstances prevent more suitable accommodations. The city or a managing agency will make all efforts to find more suitable accommodations for children and their families.

(5) The city, or managing agency operating a transitional housing site subject to an agreement as referenced in subsection (1) of this section, will provide a written code of conduct for individuals who use the site to sign and abide by. The code of conduct will provide for the health, safety and welfare of site residents, as well as mitigate impacts of the site on adjacent property owners and the overall community.

(6) The city, or managing agency operating a transitional housing site subject to an agreement as referenced in subsection (1) of this section, will provide and maintain sufficient trash receptacles and sanitary portable toilets to safely and cleanly serve the transitional housing accommodations.

(7) Site residents are responsible for adhering to the code of conduct. Violations of the code of conduct may result in eviction from the site by the Lane County sheriff’s office or the city’s designee.

(8) Site amenities must include parking facilities and walkways connecting parking to accommodations. (Ord. 563 § 2, 2021; Ord. 545 § 3, 2018)

9.30.040 Camping allowed on designated public property.

(1) The city may provide camping permits for use of a designated campground. The city may designate a managing agency to register the campers and administer the permits, subject to a written agreement that may address all issues required under VMC 9.30.030(2).

(2) Any person who lacks permanent shelter is eligible to apply for a permit to camp in a campground under this section, if the person cannot be placed in other low-income housing. Such persons may also apply for transitional housing accommodations in accordance with VMC 9.30.030 and ORS 446.265.

(3) Family camping is not allowed in campgrounds designated under this section, unless circumstances prevent more suitable accommodations. The city or a managing agency will make all efforts to find more suitable accommodations for children and their families.

(4) The city, or managing agency designated under subsection (1) of this section, will provide a written code of conduct for individuals who use the campgrounds to sign and abide by. The code of conduct will provide for the health, safety and welfare of campground residents, as well as mitigate impacts of the campground on adjacent property owners and the overall community.

(5) The city, or managing agency designated under subsection (1) of this section, will provide and maintain sanitary portable toilets in the number required to meet capacity guidelines by the manufacturer and sufficient trash receptacles.

(6) Campground residents are responsible for adhering to the code of conduct. Violations of the code of conduct may result in: (a) eviction from the camp by the Lane County sheriff’s office or the city’s designee, or (b) partial or entire campground abatement in accordance with VMC 8.05.175, Abatement of prohibited camping-related activity.

(7) Persons may reside at a designated campground for as long as persons lack permanent shelter and cannot access low-income housing, abide by the code of conduct, and hold a site-specific city camping permit. (Ord. 563 § 2, 2021; Ord. 545 § 3, 2018)

9.30.050 Overnight camping programs.

(1) Pursuant to ORS 203.082, the city hereby implements a program to allow any public or private entity to offer overnight camping to homeless persons on its property.

(2) Any public or private entity may apply for city authorization to provide camping sites to homeless people pursuant to a written agreement with the city that:

(a) Limits the camping spaces available to a maximum of three, as determined by the city based upon available parking, property size, property usage and geography, surrounding property usage, and an entity’s experience and capabilities;

(b) Obligates the approved entity to provide campers with access to sanitary facilities, including but not limited to toilet, hand washing, and trash disposal facilities; and

(c) Imposes any other reasonable conditions required by the city, based upon available parking, property size and geography, property usage, surrounding property usage, and an entity’s experience and capabilities, in its sole discretion. (Ord. 563 § 2, 2021; Ord. 545 § 3, 2018)

9.30.060 Prohibited camping-related activity.

Prohibited camping activity includes behaviors or activity codified in Chapter 8.05 VMC, Nuisances, and shall be abated, including eviction, in accordance with VMC 8.05.175. (Ord. 563 § 2, 2021; Ord. 545 § 3, 2018)