Eugene City Council Votes on Amendments to Camping Ordinance

MAY 9, 2023

EUGENE, Ore. — City Council voted unanimously on amendments to Eugene’s prohibited camping ordinance that would allow legal camping in some public spaces.

Current ordinances restrict camping on all city property and define camping as the placement of any bedding or sleeping bags, regardless of whether someone has placed a tent or shelter.

Sidewalk camping would be legal given there is at least four feet for pedestrians to pass by. The proposal does not include bedding alone under the definition of camping.

 The proposed changes came in response to the passing of Oregon House Bill 3115. The bill states that any city or county law that restricts sleeping, sitting, lying or keeping warm and dry “must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.”

 The amendments specify restrictions to camping on public property within 1,000 feet of an educational facility. Councilor Matt Keating said that he would like to see the amendment include the community college and library downtown.

“Our librarians are not trained or equipped to deal with a population who might be suffering  substance use or acute mental health crisis,” said Keating.

Keating offered that the 1,000 foot amendment provides “one more tool for law enforcement to do their job.”

Eugene Chief of Police Chris Skinner said that simple and specific guidelines make it easier for law enforcement to implement ordinances, but he expressed concerns about the police department’s “capacity to robustly handle those calls for service.”

Amendments also restrict camping within 100 feet of the top of the high bank of the Willamette, 60 feet of all other waterways and five feet of ditches and wetlands. This motion is an attempt to protect the quality of the city’s drinking water.

Chief Skinner said that he hopes the new ordinance does not flood non-emergency lines with calls reporting violators. The Eugene Police Department is preparing to revamp an online reporting tool to help ease the burden on dispatchers.

The proposed ordinance includes measures for those who willfully violate the camping code to receive a fine of up to $500 and or up to 10 days of jail time. Willful violators are those who have received a violation warning within 30 days of their second violation.

Vehicular camping violators face the same charges and the additional possibility of having their vehicle seized or immobilized.

Councilor Alan Zelenka argued that these measures for willful violators may not be effective. “Placing a fine on someone that has no income and no ability to pay has no real effect,” said Zelenka.

“The system is not a robust system to handle any kind of accountability mechanism absent of paying a fine, we know we don’t have the jail beds,” said Chief Skinner.

Several councilors referenced Community Court as a comprehensive solution to enforcement concerns.

Social service agents work directly with Community Court in attempt to connect participants with services and resources to move them away from repeated offenses.

Recent expansions have been made in the system to promote a greater flow of participants into Community Court, said Kathryn Brotherton, an attorney for the city of Eugene.

Councilor Lyndsie Leech brought up the issue of relaying the amendments to unhoused communities.

“Are we expecting our unhoused citizens to be able to read this code and understand,” asked Leech, “or are they just going to have to wait for enforcement to tell them?”

Leech proposed a map or another kind of accessible resource that could be made available to the unhoused population that is to be most affected by this ordinance.

Brotherton said while a map isn’t feasible, the goal is for enforcement to encourage people to utilize existing programs and designated spaces. Some of these programs include Opportunity Village, Rest Stops and Dusk to Dawn sites.

Keating discussed his work on the Public Service Commission and expressed hopes for the ultimate expansion of regulated, public-facing safe sleep spots.

This amended ordinance will be sent to a public hearing held on May 15.