Central Point City Council will review an ordinance Thursday that would stipulate where, and in what manner, public camping would be permitted inside city limits.

Under existing ordinances, camping is prohibited in city parks and, when deemed a public safety or fire hazard, on the Bear Creek Greenway.

City Administrator Chris Clayton said the proposed ordinance was intended to more clearly define where and how temporary shelters could — and could not — be pitched inside the city as well as define permissible shelter materials and camping practices.

City officials said the ordinance would comply with guidelines set forth under House Bill 3115, which passed in 2021, requiring cities and counties to ensure that camping ordinances are “objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.”

City Attorney Sydnee Dreyer said cities and counties in Oregon are required to ensure homeless individuals are reasonably permitted to “sleep, rest or lie” in municipalities where adequate shelters or other resources do not exist.

Before drafting the proposed ordinance, Dreyer said, the city had awaited the outcome of a handful of high-profile cases, and to see whether legislation would be changed or adopted pertaining to public camping.

“As you are aware, cities such as Medford have faced significant challenges, legal and otherwise, and Central Point was hoping to see how those issues play out before it adopted ordinance changes,” Dreyer said. “At this point, the city needs to move forward, and can adjust to changes in the law, if any, as we move forward.”

Clayton said the city defined three areas in the city where public camping, under the proposed ordinance, would be explicitly prohibited.

“No Camping” zones would include the city’s portion of the Bear Creek Greenway, due to increased fire risk; Don Jones Memorial Park, due to increased public safety concerns at the heavily used park; and sidewalks immediately adjacent to City Hall and the Central Point Police Department, to prevent impacts to city and police business.

The proposed ordinance also outlines types of materials that can be used to create temporary shelters and dictates the amount of space taken up.

“For example, somebody can set up a tent, but they can’t build a semi-permanent structure with boards, like a lean-to,” Dreyer said. “They can take up 12-foot by 12-foot. So, it says, ‘Yes, you have the right to sleep, rest or lie in a tent, but you can’t collect all kinds of things and be taking up a 300-foot area.”

The ordinance also prohibits building of fires anywhere inside city limits.

Dreyer said city police officers are proactive in offering resources to homeless people and helping to suggest alternatives to public camping.

“Those current Ninth Circuit Court cases say you can have reasonable restrictions on where and how long someone is permitted to camp, but they have to also have reasonable options for places where they can sleep rest or lie, unless there’s a shelter bed available for every single, solitary houseless person,” Dryer said.

“With the new legislation, it’s not enough to just, in practice, be humane and thoughtful. You’ve got to have something on the books that allows for people to sleep, rest and lie in city limits.”

The first reading of the proposed ordinance was set for 7 p.m. Thursday.

If approved, a second reading would be held July 13. If council members give final approval, the ordinance would take effect 30 days later.

For meeting agenda info, see www.centralpointoregon.gov/meetings

Public camping ordinances vary in different parts of the Rogue Valley, with most cities reviewing existing camping ordinances in recent months to comply with changing state law.

A notable change under House Bill 3115, which passed in 2021, requires police to give illegal tent campers 72 hours notice to move their belongings. Previously, state law provided only 24 hours notice. 

Medford

In Medford, camping is prohibited along the Bear Creek Greenway and in Prescott Park during fire season. Camping is also prohibited on playgrounds or sports fields, underneath bridges, near railroad tracks, on streets and publicly owned property, or in places where camping obstructs sidewalks or entryways to private property.

While state law requires a 72-hour notice prior to removing an established campsite, Medford City Council decided May 5 to permit immediate removal of tents from parks, open spaces, the Bear Creek Greenway and other city-owned property if campsites have been in place for fewer than five days. Medford City Manager Brian Sjothun said a study session was planned for Aug. 10 to review ordinances from around the state and to determine whether city officials should review additional changes to the city municipal code.

Phoenix

The city of Phoenix has a camping ordinance that prohibits campsites “on sidewalks, public rights-of-way, under bridges, and so forth.” City Manager Eric Swanson said the city has had few issues dealing with public camping, and even fewer since the Almeda Fire, with much of the Bear Creek Greenway area still recovering.

Talent

Talent City Manager Jordan Rooklyn said the city last updated its camping ordinance in 2016 and is working with city legal counsel to determine whether changes are warranted under new legislation.

“We are also keeping a close eye on what other jurisdictions are doing and how it is working out as we figure out what approach is best for the Talent community,” Rooklyn said.

Ashland

Ashland city officials established a designated camping area on a lawn area behind the City Council chambers and the Ashland Police Department on East Main Street. Having a designated area, said police Chief Tighe O’Meara, permits the city to prohibit public camping elsewhere.

“The city is allowing anyone to camp there between 7 p.m. and 7:30 a.m. There are posted rules that mostly have been followed,” O’Meara said in an email to the Rogue Valley Times this week.

“Because the city is telling people where they can camp, we can, therefore, tell where they can’t. So far, it has been working out OK, and because we have that as an option, we can go back to enforcing … our prohibited camping ordinance. The city attorney’s office tells us that this plan is consistent with any current or imminent state/federal laws that define this issue.

Gold Hill

In Gold Hill, city council members plan a study session to review city ordinances and determine whether updates are warranted where it pertains to public camping, city manager Adam Hanks said this week.

Jackson County

Jackson County legal counsel Joel Benton said county officials have reviewed existing ordinances and feel no changes are warranted in response to House Bill 3115. Benton said the county does not have any ordinances prohibiting public camping, like most cities. In general, camping is prohibited on county lands where such activity poses safety hazards, such as due to fire risk on the Greenway.

“We may have someone camping on county property who may be committing other crimes or other violations, which could lead to enforcement action,” said Benton.

“In those cases, we would still comply with our humane noticing requirements (72 hours). We don’t really have a general prohibition against camping.”