AGENDA BILL Beaverton City Council Beaverton, Oregon SUBJECT: Public Hearing Regarding Proposed Overnight Camping Ordinance FOR AGENDA OF: 05-01-18 BILL NO: 18099 MAYOR'S APPROVAL: f)i14 DEPARTMENT OF ORIGIN: Mayor DATE SUBMITTED: 04/24/18 CLEARANCES: Citv Attorne Police PROCEEDING: PUBLIC HEARING EXHIBITS: 1. Draft Ordinance BUDGET IMPACT EXPENDITURE REQUIRED $0 AMOUNT BUDGETED $0 APPROPRIATION REQUIRED $0 RECOMMENDED ACTION: City Council conducts a public hearing to get comments from the public regarding a draft ordinance that addresses overnight camping on the public right of way. HISTORICAL PERSPECTIVE: Over the years, economic and social factors have combined to present communities with a broad range of public space disorder problems. Many cities have seen a dramatic increase in the number and size of campsites on the same public streets that remain there over an extended period of time. The City has recently seen a marked increase in complaints of overnight camping on City streets. These complainants report an increased number of individuals camping in recreational vehicles and trailers. They state that they have noticed a decrease in the level of sanitation and have a reduced sense of safety in certain areas. On April 17, 2018, staff presented the latest draft of a proposed overnight camping ordinance. Councilors recommended that a few further changes be made to the draft ordinance. Additional changes were made, and they are described in detail below. INFORMATION FOR CONSIDERATION: The draft ordinance provides written findings by City Council describing the need for action and why the City will be prohibiting overnight camping. The ordinance provides that camping on the public right of way is prohibited. A police officer is required to issue a 72-hour written warning if it is a person's first offense and the police officer has probable cause to believe a violation has occurred. There is template language in the ordinance for the warning. This version also allows a police officer to tow the vehicle only if the person has received a citation for violating City ordinance within 30 days before the current violation. Agenda Bill No: 18099
5.05.117 Camping Prohibited on Public Rights of Way A. City Council finds : 1. From time to time persons establish campsites on public rights of way. 2. 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; and, 3. The enactment of this Section is necessary to protect the peace, health, and safety of the city and its inhabitants. B. As used in this Section: 1. "To camp" means to set up, or to remain in or at a campsite 1 maintaining a temporary place to live. #' 2. "Campsite" means any place where any bedding, sleeping bag, or th.er sleeping matter, or any stove or fire is placed, established, or maintained, whether or nots eh place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle r Hart thereof. # ;I!' 3. "Public right of way" means any thoroughfare or area intended, designed, or used for vehicular or pedestrian traffic. C. It is unlawful for any person to camp in or upon anypub ic right of way, unless otherwise specifically authorized by a declaration of the Mayor in emergency stances. ' D. A violation of this Sec ion is pu ishable, upo con 1ction, by imprisonment for a per1od not to exceed 30 days o?both. E. A peac officer shall deliver a 72-howritten warning to a person that the peace officer has probable cause to believe th:t"the person has violated BG 5.05.117(C) and the violation is a first offense. The written warning shall be personally delivered to the person named in the notice and the written warning must be in substantially the following form:!:....,, NOTICE PLEASE READ THIS NOTICE CAREFULLY ii Your campsite is.in vi o1'1ion of Beaverton Code Section 5.05.117. You have 72 hours to stop camping and-1'emove your campsite. You may be subject to fines and/or arrest if you do not stop camping and remove your campsite. Your vehicle may also be subject to a tow if it was used to commit a violation of Beaverton Code Section 5.05.117. Name: (name of person) Date: (date of notice) Time: (time of contact with peace officer) Officer: (name of peace officer making contact) Address: (address to obtain more information) Phone Number: (contact information for the City) Page 1
F. A vehicle used to commit a violation of this Section may be impounded if the person has received, within 30 days preceding the current violation, a citation for violating BC 5.05.1l7(B). G. The Police Chief shall submit an annual written report to the City Council about enforcement measures that were taken under this ordinance upon passage of this ordinance. The report must include, but is not limited to, information about the financial assistance offered, referrals to other agencies, warnings issued, citations issued, vehicles impounded, and the number of individuals arrested under the ordinance and any challenges faced by the Beaverton Police Department with regard to enforcement of this ordinance. Page 2
5.05.118 Notice of Campsite Cleanup and Storage of Personal Property A. As used in this Section: I. "Personal property" means any item that has apparent utility and is reasonably recognizable as belonging to a person. Personal property does not include items that have no apparent utility. 2. "Campsite" has the meaning provided in BC 5.05.117. B. The Police Chief or a designee shall schedule a cleanup of illegal campsites on an as-needed basis. C. Except as provided in subsection D, before cleaning up an illegal campsite, the Police Chief or a designee shall post a notice adjacent to the campsite, wrj en in E lish and Spanish, 24 hours in advance of the cleanup. '<27 D. The Police Chief or a designee may clean up a campsite as necessary without notice if (1) an exceptional emergency exists such as possiblt'site contamination by hazar-dous materials; or (2) conditions of illegal activity have occurred. E. The Police Chief or a designee shall take all unclaimed.personal1jroperty and stor. tlie personal property for a minimum of 30 day/ during which it wil!'be reasonably available to any individual claiming ownership. Any item that is an uosanitary or hardous condition may be immediately discarded upon removal of the item from thecamping site. Weapons, drug paraphernalia and items that appear to be either stolen or evidence of a crime sliall be retained by the Police Department. ",. F. The storage facility for personal property obtain,eunde this Section shall be reasonably secure and the location should be'f,referably served by public trafuportation. G. At the time of the cleanup, written notice will be posted and distributed announcing the telephone number and an address where informati_on on picking up the stored property can be obtained during normal business hours. Page 3
Cathy Jansen From: Sent: To: Subject: David Johnson <skibear08@gmail.com> Tuesday, April 24, 2018 3:03 PM Cathy Jansen Homeless "Camping" in City Neighborhoods or surrounding areas Members of the Council: About three months ago, we had a "homeless bus RV" and two cars associated with it Parked at the comer of SW 136th and Hart Rd. It took two months and several calls to the Beaverton Police to get the vehicles moved. We had a very upset neighborhood and unpleasant contacts with these people plus vomit in the street by the car and a neighbors yard being used as a bathroom. I was advised there was criminal activity associated with these people. Shortly after that another car and pickup truck appeared in the same spot. A person was sleeping in the car which had no plates. One car was eventually towed and the truck left thereafter. It was also suggested that the more liberal members of the City Council were" a part of the problem" in their resistance to "move" to restoring an older ordinance that would provide the Police the tools to move these people along in a much shorter time than it took us. Regards, Dave and Patricia Johnson 4
Cathy Jansen From: Sent: To: Subject: John Beckman <beckbirdman@gmail.com> Tuesday, April 24, 2018 2:12 PM Cathy Jansen Street residents Registered, official homes are not located on the street, but adjacent to it. That is because the street is public. The public deserves a right-of-way without feeling they are in someone's living space. People's living space should afford them a sense of security and privacy, even if they don't have an official home. This will help avoid conflict. My tenant at Stanwood Manor came in verbal conflict with residents on 5th St. {east of Western Ave). Perhaps the city could set aside an off-street space or a property owner could work with the city to provide space for people without permanent residence to reside until resources allow them "real" housing. Thank you, John Beckman 2324 15th St. Lewiston Idaho 83501 Owner, 10090 SW Beaverton Hillsdale Highway #30. Sent from Mail for Windows 10 5