Ordinance 23-04

Camping Within the City

THE CITY OF SODAVILLE ORDAINS AS FOLLOWS: 

Section 1. Findings

The recitals set forth are hereby adopted as support for the provisions herein. 

Section 2. Definitions.

As used in this chapter:

“Camp” or “camping” means to pitch, erect, create, use, or occupy camp facilities for the purpose of habitation, as evidenced by the use of camp paraphernalia.

“Camp facilities” include, but are not limited to, tents, huts, temporary shelters, motor vehicles, or recreational vehicles.

“Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, or outdoor cooking devices or utensils and similar equipment.

“City Recorder” means the Sodaville City Recorder, or their designee.

“Dwelling” means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

“Established campsite” or “to establish a campsite” means any place where one or more persons have established temporary sleeping accommodations by use of camp facilities or camp paraphernalia for more than 24 consecutive hours.

“Motor vehicle” means a vehicle that is self-propelled or designed for self-propulsion.

“Parking lot” means a developed location that is designated for parking vehicles, whether developed with asphalt, concrete, gravel, or other material.

“Personal property” means items that can reasonably be identified as belonging to an individual and that have apparent value or utility.

“Public property” means any real property or structures owned, leased, or managed by the City, including public rights-of-way.

“Public rights-of-way” means all property dedicated to the public for transportation purposes and administered by the City, including streets, roads, bridges, alleys, sidewalks, trails, paths, and all other public ways and areas managed by the City. 

“Recreational vehicle or RV” means a vehicle with or without motive power that is designed for use as temporary living quarters and as further defined by the Oregon Department of Transportation in OAR Chapter 735, Division 022. Examples include motor homes, camping trailers, tent trailers, truck campers and camper vans.

“Solid waste” means any garbage, trash, debris, yard waste, food waste, or other discarded materials.

“Store” or “storage” means to put aside or accumulate for use when needed, to put for

safekeeping, or to place or leave in a location.

“Vehicle” means a motor vehicle or recreational vehicle.

Section 3. Permitted Camping on Private Property.

A. Permitted camping is codified in Ordinance 19-02, the City of Sodaville Zoning and Development Ordinance.

Section 4. Camping Prohibited in Certain Places.

A. Except as expressly authorized by this Ordinance, it is unlawful to establish, use, or occupy a campsite in the following locations:

1. 1. City parks, including properties identified for development of future parks.

   2. Within visual line of sight from a constructed and signed recreational trail on public property.

   3. The following City-Owned facilities, and associated grounds:

      1. City Hall;

      2. City Water Compound;

      3. All other property owned by the City.

   4. City owned or maintained parking lots unless identified as a vehicle camping lot.

   5. Public rights-of-way adjacent to, or within 500 feet of, a lot or parcel containing an elementary school, secondary school, day care facility, child care facility, or facility providing services to homeless persons.

   6. Public rights-of-way adjacent to a lot or parcel containing a dwelling.

B. Except as expressly authorized by this Ordinance, it shall be unlawful for any person to store personal property on public property.

C. Notwithstanding the provisions of this section, the City Recorder may temporarily authorize camping or storage of personal property on public property by written order that specifies the period of time and location, upon finding it to be in the public interest and consistent with City Council goals and policies.

Section 5. Scheduling and Notice of Campsite Cleanup.

A. Cleanup of illegal campsites will be scheduled by the City Recorder or law enforcement.

B. Signs may be posted advising that camping is prohibited. Whether or not a sign is posted, a specific dated and timed notice will be posted and distributed in the area of a scheduled cleanup at least 72 hours before the cleanup.

C. Notwithstanding subsections A and B of this section, cleanup of campsites may occur immediately and without notice if a law enforcement officer determines that either of the following conditions exist:

1. 1. An emergency such as possible site contamination by hazardous materials or where there is an immediate danger to human life or safety; or

   2. Illegal activity other than camping.

D. At the time of the cleanup, and as provided in the written notice posted and distributed under subsection B of this section, the telephone number will be provided where information on picking up the stored property can be obtained during normal business hours.

E. Written notices will be in both English and Spanish.

F. Copies of all notices shall be provided to a local agency that delivers social services to homeless individuals in Linn County.

Section 6. Removal, Storage and Retrieval of Personal Property.

A. Personal property will be separated from solid waste during cleanups. Solid waste will be immediately discarded. Items of personal property will be turned over to law enforcement [or public works] and stored. The personal property shall be stored for no less than 30 days, during which time it will be reasonably available to persons claiming ownership of the personal property.

B. When conducting a campsite removal, the City shall arrange in advance for a location for personal property to be stored.

C. Any personal property that remains unclaimed for 30 days after the cleanup may be disposed of, sold, donated, used, or transferred as abandoned personal property, but no waiting period beyond the 30 days is required prior to the disposal, sale, donation, use, or transfer.

D. Weapons, drug paraphernalia, and items which reasonably appear to be either stolen or evidence of a crime may be retained or disposed of by law enforcement in accordance with applicable policies and procedures.

Section 7. Violation - Penalty.

A. Administration and enforcement of this Ordinance shall be governed by Ordinance 98-05, the City of Sodaville Enforcement Ordinance.

B. All violations of this chapter shall be enforced under the procedures of Ordinance 98-05.

C. Violations of this chapter shall carry the penalty of fifty dollars ($50.00) for the first violation and one hundred dollars ($100.00) for each subsequent violation.

Section 8. Nonexclusive Remedy.

The remedies described in this chapter shall not be exclusive remedies of the City for violations of this chapter.

Section 9. Interpretation.

This chapter is to be interpreted consistent with applicable state statutes and providing the protections required by state statutes.  

Section 10. Savings.  

Notwithstanding these provisions, the City Ordinance in existence at the time any criminal or civil enforcement actions were commenced shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said provision(s) or portions thereof were operative.

Section 11. Severability.  

The sections, subsections, paragraphs, and clauses of this ordinance are severable.  The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs, and clauses.

Passed by the Council this 15 day of June, 2023.