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(1) As used in this section:

(a) To camp. To set up or to remain in or at a campsite.

(b) Campsite. Any place established or maintained for the purpose of maintaining a temporary place to live that incorporates the use of any tent, tarp, lean-to, shack, wooden pallet, or any other structure, or any vehicle or part thereof.

(2) It is found and declared that:

(a) From time to time persons establish campsites on sidewalks, public rights-of-way, under bridges, and so forth;

(b) Such persons, by such actions create unsafe and unsanitary living conditions which pose a threat to the peace, health and safety of themselves and the community;

(c) Camping on or immediately adjacent to property intended primarily for use by motor vehicles poses an immediate safety risk to the person camping and, in certain circumstances, to the vehicular drivers;

(d) The City’s sidewalks, accessways and shared-use paths must be accessible to everyone, including people with disabilities; this accessibility depends on sidewalks, accessways, and shared-use paths having a minimum clear width. Campsites that encroach into the necessary clear width prevent people with disabilities from having full access to these transportation systems;

(e) State and federal laws require the City to protect and improve the physical integrity and water quality of the Willamette River, including all tributaries to the river. All City waterways are tributaries to the Willamette River. Establishing campsites near a waterway in an area not intended for that use degrades the waterway’s physical integrity and water quality, and, when contaminants from campsites enter the waterway, poses an immediate risk to public health and safety; and,

(f) The enactment of this provision is necessary to protect the peace, accessibility, health, and safety of the city and its inhabitants.

(3) No person shall camp in or upon the following publicly owned property:

(a) Property that is primarily intended for and used by motor vehicles, including but not limited to, the portion of the street between the curbs;

(b) Publicly owned parking lots and on-street parking spaces;

(c) Property that is intended to provide a buffer between lanes of vehicular traffic or between vehicular traffic and pedestrians, including but not limited to traffic islands and parking strips, if there is not a minimum of 60 inches (5 feet) between the campsite and vehicular traffic;

(d) Sidewalks, accessways, and shared-use paths when the minimum width established by the Americans with Disabilities Act (ADA) or the Federal Highway Administration (FHWA) cannot be maintained. For purposes of this section, sidewalks must have a minimum clear width of 48 inches (4 feet), and accessways and shared-use paths must have a minimum clear width of 120 inches (10 feet);

(e) Property adjacent to a building if the campsite blocks access to the building’s entrance, exit, access ramp, or stairs;

(f) For the Willamette River and all other open waterways, property located within 100 feet of top of high bank; and property within 5 feet of ditches, wetlands, and vegetative stormwater quality facilities. For purposes of this section, “top of high bank” means the highest point at which the bank meets the grade of the surrounding topography, characterized by an abrupt or noticeable change from a steeper grade to a less steep grade, and “open waterway” means a natural or human-made creek, stream, pond, or open channel; and,

(g) Property within 1000 feet of an educational facility. For purposes of this section, “educational facility” means a public library or a building owned, leased or under the control of a public or private school system, college, university, or licensed daycare or preschool.

(4) Upon finding it to be in the public interest and consistent with council goals and policies, the council may, by motion, exempt a special event or specific activity from the prohibitions of this section. The motion shall specify the period of time and location covered by the exemption.

(Section 4.815 amended by Ordinance No. 19163, enacted July 11, 1983; Ordinance 20062, enacted September 16, 1996, effective October 16, 1996; Ordinance 20689, enacted May 24, 2023, effective June 25, 2023.)