Required Camping Code Changes

background:

In 2021, to comply with federal rulings (Martin v. Boise and Blake v. Grants Pass), the State of Oregon enacted House Bills 3115 and 3124, which change how cities may regulate camping and homelessness. Aimed at providing increased compassionate protections for those experiencing homelessness, these rulings and laws require any Camping on Public Property Ordinances in City code to be modified to comply with new standards. To help explain why this change is needed, we have included summaries of the two federal court decisions and the House Bills below our FAQ. Please be sure to take note of the timeline along with additional resources, including our brief Fact Sheet.

faq:

Q: What are camping ordinances?

A: Camping ordinances are local rules about camping. They are part of municipal code in many cities, including West Linn. “Camping” can refer to persons experiencing homelessness who may sleep outside on public property. West Linn’s City code currently prohibits camping on public property without a permit in Chapter 5.565, and must be modified in accordance with new state law.

Q: How many people camp in West Linn?

A: Not many. Clackamas County’s 2019 count estimates five individuals, but City staff report their experiences in recent years suggest even fewer.

Q: How has the City handled camping in the past?

A: The West Linn Police Department has partnered with local faith-based volunteers, our Community Services director, and our community behavioral health specialist to offer voluntary relocation services and accommodation of resources whenever possible. There are no shelters available within City limits (the nearest being in Oregon City).

Q: Why do we need to change City code regarding camping?

A: In 2021, to comply with federal rulings (Martin v. Boise and Blake v. Grants Pass), the State of Oregon enacted House Bills 3115 and 3124, which change how cities may regulate camping and homelessness. Aimed at providing compassionate protections for those experiencing homelessness, these new laws require any camping ordinances in City code to be modified to comply with new standards. West Linn’s code currently prohibits camping on public property, so it must be brought into legal compliance with the new standards before July 1, 2023.

Q: What changes must be made exactly?

A: Some language needs to be removed. No cities in Oregon can prohibit camping on public property unless there is somewhere else within city limits for houseless individuals to go that is a reasonable option for them to obtain shelter. The courts have ruled it unconstitutional to punish people experiencing homelessness for basic human needs—such as sleeping, sitting, or trying to keep warm and dry in public—if they have no reasonable alternatives within City limits.

For example, some shelters do not allow pets; such shelters may not be considered reasonable options for homeless persons with pets. Some may require sobriety, or have restrictions related to religion or gender that may make houseless individuals ineligible for services. West Linn does not have any shelters within City limits, so camping cannot be prohibited outright. Our code must change to reflect that.

Q: Is there any way to regulate camping other than prohibiting it?

A: Potentially. Cities can place “reasonable time, place, and manner” restrictions on camping. Some possible examples might be restricting camping at a specific location to a certain time of day, or to designated “safe sleep/camp zones.” What restrictions may be considered “reasonable” have not yet been tested in court, so many questions remain.

Q: What if there are unforeseen problems? Can the code be changed later?

A: City Council can always opt to make code changes in response to public input or new issues. For example, if the need arises, City code can be modified at any time to impose reasonable restrictions (described above) on camping.

Q: What about private property? Can anyone come camp in my yard?

A: Only public property owned by the City, such as parks or right-of-way spaces, will be affected by the new laws. Private property will not be affected. Owners of private property will have control over the use of their own property.

Q: What about houseless individuals who are breaking the law in other ways, like using illegal drugs?

A: The new law only indicates that people cannot be punished for sleeping, sitting, laying, or protecting themselves from weather in public spaces. Illegal behaviors remain punishable by law, as they are for anyone who commits a crime.

Q: How can I get involved in shaping new City code?

A: Council will hold a directed work session on May 8, 2023, with attorney Bill Monahan at 6:00 PM. Public opinion will be solicited and legal options discussed. The City will invite the public, civic, school, faith, and community leaders to attend, as well as area social service providers. Following public input, City Council is expected to consider and adopt new language at their May 15 meeting.

Q: How is the City notifying the public of the upcoming changes?

A: The City has launched a comprehensive hub page on our website that includes case law history, information on both bills, code change needs, detailed FAQ, Council meeting dates, next steps, and additional resources. This information will be publicized in our weekly newsletter, social media platforms, and local newspaper through coordinated campaigns, as well as shared with civic, school, faith, and community leaders for wider distribution.

Q: How can I support agencies working to address homelessness?

A: The West Linn Food Pantry and Clackamas County Coordinated Housing Access serve West Linn and its unincorporated land. They can also connect interested volunteers and donors to partner organizations throughout Clackamas and neighboring counties. You can sign up for news from Supportive Housing Services and the county’s other housing and homelessness work as well.

Q: Where can I find more information about case law and the House bills?

A: Read about Ninth Circuit Court decisions Martin v. Boise and Blake v. Grants Pass.

House Bill 3115 establishes that by July 1, 2023, local laws regulating the acts of sitting, lying,
sleeping, or keeping warm and dry in outdoor public spaces must be reasonable with respect to persons experiencing homelessness.

House Bill 3124 lengthens the amount of time that notice must be posted prior to removing houseless individuals from established camping sites from 24 to 72 hours. Unclaimed personal property must be given to a law enforcement official, a local social services agency, an outreach worker, or a person authorized to issue a citation. For all communities outside Multnomah County, unclaimed property must be stored within the community from which it was removed.

Q: I have more questions or want to provide feedback. Who can I contact?

A: City Manager John Williams and staff welcome public queries at webmaster@westlinnoregon.gov. Community Relations Coordinator Danielle Choi can be reached at dchoi@westlinnoregon.gov or 503-742-8609, and City Council at citycouncil@westlinnoregon.gov. We encourage community members to join the May 8 Council Work Session online or in person to learn more.

Case Law and Legislative History:

From the League of Oregon Cities:
Following recent federal court decisions, cities and counties must reconsider local ordinances regulating public space and homelessness. In 2021, the Oregon Legislature enacted HB 3115, which created a state statutory standard based on federal court decisions in Martin v. Boise and Blake v. Grants Pass and directs cities to consider their local ordinances within the context of available local shelter services and public space. 
 

Martin v. Boise
In the April 2019 Martin v. Boise decision, the U.S. Ninth Circuit Court ruled that homeless persons cannot be punished for sleeping outside on public property in the absence of adequate alternatives, unless the law imposes “reasonable time, place and manner” restrictions on the regulated activities in public space. For now, this is the law in Oregon, and as a result, Oregon cities have updated their ordinances following the 2019 Martin decision and the August 2020 federal district court in Oregon’s opinion in Blake v. Grants Pass.
 

Blake v. Grants Pass
In September 2022, the U.S. Ninth Circuit Court of Appeals affirmed Blake v. Grants Pass, a class action matter addressing public camping.  The court upheld the U.S. District Court’s prior ruling that persons experiencing homelessness are entitled to take necessary minimal measures to keep themselves warm and dry while sleeping outside.  The Ninth Circuit opined that cities violate the Eighth Amendment if they punish a person for the mere act of sleeping outside, or for sleeping in their vehicles at night when there is no other place in the city for them to go.   

As a result of this ruling, this decision expands the application of Martin v. Boise—the pivotal case impacting cities’ ability to regulate public camping.  The court noted that the decision in this case is narrow and that “it is ‘unconstitutional to [punish] simply sleeping somewhere in public if one has nowhere else to do so.’” It goes on to note that class actions in these types of cases are permissible. This opinion, in most respects, affirmed what was already known from both the previous Martin and Blake cases. However, it failed to provide much anticipated clarification on several issues, such as what constitutes “necessary minimal measures” to keep warm and dry.  It is unknown at this time whether the ruling will be appealed.
 

HB 3115 (2021): Local Camping Ordinances
HB 3115 is the product of a workgroup involving the League of Oregon Cities (LOC) and the Oregon Law Center (OLC) as well as individual cities and counties. The workgroup spent many hours crafting a concept that recognizes a key principle from the recent Martin v. Boise Ninth Circuit Court decision and Blake v. Grants Pass federal district court decision.

HB 3115 requires that any city or county law regulating the acts of sitting, lying, sleeping or keeping warm and dry outside on public property must be “objectively reasonable” based on the totality of the circumstances as applied to all stakeholders, including persons experiencing homelessness. What is objectively reasonable may look different in different communities. The bill retains cities’ ability to enact reasonable time, place and manner regulations, aiming to preserve the ability of cities to manage public spaces effectively for the benefit of an entire community.

HB 3115 includes a delayed implementation date of July 1, 2023, to allow local governments time to review and update ordinances and support intentional community conversations. The bill is the product of a workgroup effort between the LOC, the Oregon Law Center (OLC), the Association of Oregon Counties (AOC), as well as individual cities and counties. The workgroup spent many hours last fall crafting a concept to recognize key principles from the Martin decision in state law.
 

HB 3124 (2021): Relating to Homelessness
HB 3124 increases the time that local governments must post notice before removing campsites from 24 to 72 hours. The bill also requires jurisdictions to store unclaimed personal property in a facility located in the same community as the campsite from which it was removed. HB 3124 preserves existing exceptions to the notice requirement when: There are grounds for law enforcement officials to believe that illegal activities other than camping are occurring at an established camping site; and in the event of an exceptional emergency at an established camping site, including, but not limited to, possible site contamination by hazardous materials, a public health emergency or other immediate danger to human life or safety.

timeline:

1. April 2023: Inform our community of the required upcoming changes through social media and newsletter campaigns. Campaigns will link back to a comprehensive webpage using dynamic QR code. Webpage will outline case history, legislative changes, code change needs, resources, and detailed FAQ.
    
2. May 8, 2023: Schedule directed Council work session with Bill Monahan from Jordan Ramis, offering ample time for public comment. Extend invitations to civic, school, and faith leaders in our community as well as area social service providers, such as Clackamas County’s Coordinated Housing Access team and Amber Hambrick, the Behavioral Health Specialist for WLPD and LOPD.
    
3. May 15, 2023: Have proposed Code read at City Council meeting and tentatively adopted before deadline of July 1, 2023.

additional resources:

For a comprehensive guide regarding the history, trends, and policy impacts of homelessness in Oregon, see ECONorthwest’s 2019 report, Homelessness In Oregon: A Review of Trends, Causes, and Policy Options.

Video of League of Oregon Cities' presentation to North Bend: https://www.youtube.com/watch?v=T05CjzKwM4A&t=566s