By KENNETH LIPP/YachatsNews
WALDPORT — A new law regulating where homeless people can camp in the city of Waldport could be in place in April.
During its regular meeting Thursday, the Waldport city council unanimously decided to move forward with an ordinance that would add language defining permissible camping on private and public property.
Councilors expressed reticence at making life harder for vulnerable people, perhaps pushing families without a permanent home further into remote spaces. But they acknowledged they had to pass regulations to comply with state laws and court rulings.
“I just keep coming back to the humanity of it,” said councilor Melaia Kilduff, who was elected in November and joined the council in January. “I don’t want to force our families out, but we have to obey the law.”
Councilor Rick Booth said whatever they adopted had to be compassionate, but it would never be compassionate enough for everyone.
As with most of the city’s code enforcement, city manager Dann Cutter said, “It’s really important to note that these are tools for when we have a problem.”
Locations that generate complaints will get law enforcement attention, while campers in technical violation who maintain a low profile will likely be ignored.
The proposed ordinance — preliminary language not yet reviewed by the city attorney — is adapted from Newport’s code enacted last fall. Newport’s was altered from ordinances in Coos Bay and McMinnville. All are intended to make local camping laws compatible with court rulings and Oregon statute that say cities can’t arrest someone just for sleeping on public property if they don’t provide an alternative.
Oregon law requires cities to adopt camping ordinances that place objectively reasonable limitations on the time, place and manner of bedding down on city land. What that means, exactly, is for cities to estimate and courts to later decide. State statute gives cities until July 1 to establish those regulations.
Waldport’s draft ordinance addresses three categories — permitted camping, recreational vehicles, and prohibited camping. It also contains rules about campsite cleanup, enforcement and penalties. A violation would be a Class B civil infraction and subsequent violations could result in trespass from the property when not on official business.
It differs from Newport’s ordinance on two significant points — rules for camping in recreational vehicles and inclusion of a daytime ban on camping or storing belongings on public property.
Permitted camping
The proposed ordinance’s approach to camping regulation is mostly exclusionary — it lays out places where camping is not allowed, rather than establishing where it is permitted. But it creates some specific exceptions to the broad prohibitions.
Owners of property zoned industrial, public facility or commercial, as well as religious institutions, can register as a temporary camping location and allow camping in tents or vehicles. They may be required to provide supervision. Residential property owners can register for campers who are related to them.
The maximum occupancy in those cases would be three tents or vehicles unless a child under age 18 is there, in which case just one campsite and four campers would be allowed. Property owners can’t charge or require campers to perform any kind of valuable service for their spot.
It’s not a passive role for the owner — they have to ensure adequate sanitary facilities including toilet, sink and trash disposal, located at least 20 feet away from the property line unless contained fully within a building.
Campers would not establish tenancy, and property owners could revoke occupancy authorization at any time. The city manager can also revoke authorization to camp on public and private property, a decision which could be appealed to the municipal court.
The draft code similarly carves out exceptions for owners of vacant property to allow a single recreational vehicle for no more than two adult campers or “security personnel” to temporarily reside.
This requires authorization from the city manager or a designee. Vehicles must be parked 10 feet from the property line, and the property owner must provide access to sanitary sewer, electricity and a hard, flat parking surface.
Prohibited camping
The ordinance as proposed would ban camping in the following areas:
- Any city of Waldport park developed as a recreational facility or that is designed as public gathering spaces;
- Any place in visual line of sight from a constructed and designated recreational trail on public property;
- Any public property for which access would require trespass via an easement over private property or restricted city easement;
- City-owned facilities accessed by the public, including the Alsea Bay Bridge Interpretive Center, Waldport Community Center, Waldport Public Library, city hall, the city’s public works shop, the wastewater/water treatment plants, the former public works shop and any city property leased to another entity;
- City-owned or maintained parking lots not identified as a vehicle camping lot;
- Public rights-of-way adjacent to or within 200 feet of a lot or parcel containing an elementary school, secondary school, health care facility, day care facility, childcare facility or facility providing services to homeless persons;
- Public rights-of-way adjacent to a lot or parcel containing a dwelling;
- On any road, sidewalk or walking path or city property closed to the public; and,
- Public rights-of-way within 150 feet of the edge of the pavement of U.S. Highway 101 or Oregon Highway 34.
Other rules and restrictions
Unlike Newport’s ordinance, Waldport’s proposed code would prohibit any camping or storage of belongings on public property from 6 a.m. to 8 p.m., meaning campers would have to pack and store their things elsewhere during the day.
Newport’s city council originally considered such a time restriction but eliminated it at the urging of advocates for the homeless who said it would be too great of a burden, especially for disabled people.
Campfires would not be allowed on public property without a special permit, and people sleeping in motor vehicles would have to otherwise abide by the city’s parking code.
Failure to maintain a clean campsite could result in it being deemed unlawful and notice posted of impending clean up. State law requires 72-hour written notice before conducting a clean up, and local governments have to store all unclaimed property for 30 days, unless it is soiled or hazardous.
The council will hold a first reading of the ordinance and a public hearing during its regular meeting in March, and most likely hold a final reading and hearing for potential adoption in April.
Port of Alsea manager Roxie Cuellar had asked for a meeting with the council to discuss new rules for camping on port property, alongside the city’s own deliberations. But the port changed course on the issue, meeting last week to review a new omnibus ordinance for the port district that includes a ban on camping anywhere on its property. Port commissioners could adopt that ordinance during their meeting Feb. 16.
The port-owned seawall area on the south end of the bridge sees its fair share of campers.
- Kenneth Lipp is YachatsNews’ full-time reporter and can be reached at KenLipp@YachatsNews.com