NB Looking to Regulate Camping & Address Homelessness, Nov. 2

City of North Bend release – A Community Feedback Survey is live through November. To provide your valuable feedback, please complete this survey online at https://www.surveymonkey.com/r/8HC3T6K. Hard copies of the survey are also available for pick-up/drop-off at the North Bend Public Library. The Oregon Legislature enacted a law that made camping legal on public property unless the local jurisdiction enacts regulations that are objectively reasonable as to time, place, and manner with regards to persons experiencing homelessness. As of July 1, Oregon House Bill 3115 makes it legal for the unsheltered to sleep on any public property that is open to the public unless cities and counties enact regulations that are “objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.” Public property means “public lands, premises, and buildings, including but not limited to any building used in connection with the transaction of public business or any lands, premises, or buildings owned or leased by this state or any political subdivision therein.” The new legislation requires all Oregon cities and counties to update their ordinance language by July 1, 2023, to comply with newly-adopted state law and several court cases and opinions issued by the U.S. Department of Justice, specifically, • Oregon House Bill 3115 – Provides that local law regulating sitting, lying, sleeping, or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place, and manner for persons experiencing homelessness. Creates affirmative defense to charge of violating such local law that law is not objectively reasonable. Establishes a cause of action for a person experiencing homelessness to challenge the objective reasonableness of such local law. Authorizes court to award attorney fees to the prevailing plaintiff in such suit in certain circumstances. • Oregon House Bill 3124 – Amended current Oregon Law by extending the time by which local law enforcement officials must post a written notice before removing unsheltered individuals from an established camping site from 24 hours to 72 hours. Requires notice to be posted at all reasonably identifiable entrances to a camping site. Defines “personal property” as any item that can reasonably be identified as belonging to an individual and that has apparent value or utility. Clarifies requirements for the removal and Storage of personal property, the disposal of unclaimed items that have no apparent value or are in an unsanitary condition, and the confiscation of weapons, drugs, or other items that appear to be stolen or evidence of a crime. Requires that unclaimed personal property at a camping site be given to a law enforcement official, social service, outreach agency serving homeless individuals, a local agency official, or a person authorized to issue a citation for illegal camping. Requires that unclaimed personal property be stored in a facility in the same community as the camping site from which it was removed and in a manner that is orderly and is made reasonably available for an individual to claim. Provides that any law or policy of a local government that is more specific or offers greater protections to homeless individuals subject to removal from an established camping site preempts contrary provisions of this Act. • Martin v. City of Boise – This landmark homelessness case from the Ninth Circuit impacted most western states with an intent to better support individuals experiencing homelessness. The court ruled that enforcement of ordinances prohibiting sleeping or camping on public property against homeless individuals is unconstitutional when those individuals do not have a meaningful alternative, such as shelter space or a legal place to camp. The case was appealed to the Supreme Court, which allowed the decision to stand.