passed ordinance

Amend City Code to update existing public camping restriction policies to comply with House Bill 3115 (amend Code Sections 3.18.020, 14A.50.020, 14A.50.050, 17.43.120, 20.12.010, 20.12.030, 20.12.100, 20.12.230, add Code Section 14A.50.025, and repeal Code Sections 20.12.070 and 20.12.150)

houselessness
transportation
code amendment

Introduced by: Former Mayor Ted Wheeler
Status: Passed

Impact statement

Purpose & background

In 2021, the Oregon Legislature passed HB 3115, requiring all cities and counties to meet compliance by July 1, 2023 with the law. HB 3115 requires all cities and counties to ensure their camping ordinances are “objectively reasonable as to time, place, and manner with regards to persons experiencing homelessness.” In light of the law and a legal settlement related to the work in question (regarding ADA accessibility on public rights of way), this ordinance simplifies and clarifies camping restrictions within the City of Portland. This ordinance updates existing public camping restriction policies in order to comply with the requirements outlined in HB 3115.

Financial impacts

The financial and budgetary impacts of this ordinance include, but are not limited to: Continued funding of the Street Services Coordination Center, the Impact Reduction Program, and the Portland Bureau of Transportation’s abandoned auto and derelict RV programs (through the regular budget process). This ordinance does not amend the budget. These new restrictions do not require new funding. The City of Portland will use existing resources to enforce this ordinance city-wide.

Community impacts

The existing ordinance will remain in place and will be updated to ensure the policies comply with the requirements outlined in HB 3115. The City has briefed jurisdictional partners regarding the proposed changes and has also met with service providers who work directly with the homeless population. Input has also been provided by the bureaus and teams who would implement the revised ordinance. Post adoption, extension outreach will be conducted to inform the general public about the revisions including but not limited to: community-based organizations, government agencies, businesses, and people experiencing homelessness. The City is also proposing revisions that are similar to neighboring jurisdictions, such as Beaverton, so that the ordinances are easier to understand.

▸ Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: During the 2021 Regular Session of the Oregon Legislative Assembly, the legislature adopted House Bill 3115 (HB 3115); and HB 3115 requires that any city law that regulates the acts of 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 with regards to persons experiencing homelessness; HB 3115 provides a defendant charged for violating City Code an affirmative defense that the law was not objectively reasonable under the requirements of HB 3115; HB 3115 further provides an affirmative right of action for persons experiencing homelessness to bring a suit for injunctive or declaratory relief challenging the objective reasonableness of a provision of City Code, including the potential for an attorney fee award; The City desires to comply with HB 3115 by adopting reasonable time, place, and manner regulations which allow persons experiencing homelessness to temporarily camp in relatively safe and sanitary locations while they are actively seeking access to stable housing and to adopt reasonable policies related to removal of established camping sites; Camping on public property can undermine the public’s ability to use those spaces for their intended purpose and create unsafe and unsanitary living conditions, which can threaten the general health, welfare and safety of the community; The City finds there is a need to update various City code provisions to comply with HB 3115; The City will ensure the District Attorney’s Office is aware of the additional affirmative defense that may be asserted under HB 3115; The City further intends to comply with HB 3115 by clarifying that the existing prohibited conduct in City Code Chapter 20.12 aim to provide reasonable time, place, and manner regulations which allow all persons, including those experiencing homelessness, to enjoy City parks in a safe manner, that respects and balances the needs of the City as the steward of City parks, and the community’s need to ensure safe and responsible behavior; and The City encourages the active participation of all concerned persons, organizations, businesses and public agencies to work in partnership with the City and the community to address the short and long-term impacts of homelessness in the homeless community. NOW, THEREFORE, the Council directs: Portland City Code Sections 3.18.020, 14A.50.020, 14A.50.050, 17.43.120, 20.12.010, 20.12.030, 20.12.100, 20.12.230 are amended, Portland City Code Section 14A.50.025 is added, and Portland City Code Sections 20.12.070 and 20.12.150 are repealed, as set forth in Exhibit A.

Tally

3 yea 1 nay 1 other