Addressing the Transient Problem, Aug. 10

City of Coos Bay newsletter, Aug. 6th – Chris Chapanar, Coos Bay Chief of Police – City Council Approves New Camping Regulation Ordinance: Effective September 3, On August 3, 2021, the Coos Bay City Council met and held a public hearing to discuss and consider a newly proposed Camping Regulation (Ordinance 545). This was done in response to several court cases and opinions issued by the U.S. Department of Justice, which concluded that any local ordinance making camping a crime, in all places, at all times when shelter space is unavailable, would violate a person’s Eighth Amendment right: Prohibition against cruel and unusual punishment. In addition, during Oregon’s most recent legislative session, House Bill 3115 and 3124 were introduced and ultimately adopted, making it an Oregon law requiring Oregon counties and municipalities to adhere to the courts cases and opinions issued by the U.S. Department of Justice. However, what was also included in House Bill 3115 was the ability for Oregon counties and municipalities to implement time, manner, and place regulations within their camping ordinances. In a nutshell, recent case law and the new law in Oregon (HB 3115) makes it lawful for unsheltered to sleep on any public property which is open to the public, unless a local governing body enacts reasonable restrictions. The City’s Homeless Workgroup has assembled proposed ordinance which meets all those objectives. It will ensure that each citizen’s rights are protected, while providing specific objectively reasonable guidelines to regulate the use of publicly owned property by establishing time, manner, and place restrictions. The new ordinance recognizes the Martin V. Boise ruling, as well as the newly adopted Oregon laws (House Bill 3115 and 3124) and makes it legal to camp overnight on publicly owned property which is open to the public in Coos Bay between the hours of 8 p.m. and 6 a.m. This does NOT include park areas, public property located within Low Density Residential (LDR), Small Lot Residential (SLR), Medium Density Residential (MDR), and some other areas specifically noted in the ordinance. Here are just a few more facts about the new ordinance: It is now legal to camp on most publicly owned property within the city limits between the hours of 8 p.m. and 6 a.m. It is now legal to use camp paraphernalia on most publicly owned property between the hours of 8 p.m. and 6 a.m., including tents, tarps, sleeping bags and temporary huts that are not attached to the ground. It is now legal to sleep in cars parking on most public property between the hours of 8 p.m. and 6 a.m. This does not include park areas, publicly owned or maintained parking lots, and public property located within an area zoned for residential use. It is now legal to use outdoor cooking utensils and similar equipment. It is against the law to store camp paraphernalia, such as tents, tarps, sleeping bags and other equipment, on the publicly owned property during the day (6 a.m. to 8 p.m.). It is against the law to camp on private property without the property owner’s permission or as outlined in the ordinance.  Obstructing pedestrians or vehicle travel is against the law (ORS 166.025). This means that people may not: Sit or lay in a manner that blocks passage of another person or vehicles or requires another person or driver to take evasive action to avoid contact. It is against the law to litter. All property should be treated with respect, regardless of the value of the property and, as a community, we have a right to keep the city beautiful by requiring citizens to pick up after themselves. The City’s Parking Code will continue to be enforced under Ordinance 10.15. As well as enforce the 72-hour parking limit on public right of ways. At the conclusion of the public hearing and after much discussion by the City Council, the new ordinance was voted-on and passed unanimously. The new ordinance will go into effect 30 days from their decision, making it effective September 3, 2021. As we implement the new ordinance there will be a period of time set aside to provide both education and outreach in an attempt to gain voluntary compliance. This is perhaps the most important piece of the overall plan. It is and will remain the goal of the Coos Bay Police Department and the City of Coos Bay staff to gain voluntary compliance of the ordinance and use enforcement and penalties as a last resort. The education piece will consist of notifying campers with flyers which will provide detailed information about the ordinance, the time frame for compliance, and available outreach services. This type of education to the campers will be constant and consistent, happening daily if possible and will include our outreach partners to remind individuals how to come into compliance with the ordinance. We plan for the education only, resulting in no violation penalties to span for 30 days. After the 30-day education phase, education will be our first step toward compliance, however, given the new ordinance, Law Enforcement will have the ability to take lawful enforcement actions. This could result in seizing property, the issuance of citations, and additional penalties if compliance isn’t achieved. The Coos Bay Police Department is excited about this new ordinance and believes the ordinance will protect the rights and interests of all citizens and business owners within the City of Coos Bay.