Union County Commissioners Approve Second Hearing on Public Camping Removal Ordinance

By on Thursday, September 7th, 2023 in More Top Stories Northeastern Oregon News

UNION COUNTY – During the September 6 Union County Commission Meeting, the Board of Commissioners approved a second hearing for Ordinance 2023-05, “In the Matter of Removing Campsites from Public Property.”

This measure is in accordance with language in ORS 195.500, established as part of the 2021 legislative session, which, as stated in 2023-05, “requires all counties to develop a policy to ensure the most humane treatment for removal of homeless individuals from camping sites on public property.”

In an effort to comply with this new requirement and create a safe and easy process for removing persons and property from public spaces, the county drafted Ordinance 2023-05, or, as it will be referred to if passed, “the Removal of Campsites on Public Property Ordinance of Union County.”

Sections, 2, 3 and 4 of the Ordinance, which outline specific definitions, detail the process for providing removal notices, and detail the process for removing personal property respectively are as follows:

“Section 2. DEFINITIONS.

“Personal Property” means any item that can reasonably be identified as belonging to an individual and that has apparent value or utility.

“Established Camping Site” means a campsite that has been in its current location for at least five days. If law enforcement officials do not have evidence about the age of a campsite, law enforcement officials should presume it is an established camping site.

Section 3. NOTICE.

  1. At least 72 hours before removing homeless individuals from an established camping site, law enforcement officials shall post a written notice, in English and Spanish, at all entrances to the camping site to the extent that the entrances can reasonably be identified.
  2.  When a 72-hour notice is posted, law enforcement officials shall inform the local agency that delivers social services to homeless individuals as to where the notice has been posted.
  3. Written notice must state the following:
    1. Where unclaimed personal property will be stored;
    2.  A phone number that individuals may call to find out where the property will be stored; or
    3. If a permanent storage location has not yet been determined, the address and phone number of an agency that will have the information when available.
  4. D. Exceptions to Notice. The 72-hour notice requirement under subsection (3) of this section does not apply:
    1. When there are grounds for law enforcement officials to believe that illegal activities other than camping are occurring at an established camping site.
    2. 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.

Section 4. REMOVAL OF PERSONAL PROPERTY

  1.  All personal property at the camping site that remains unclaimed after removal shall be given to a law enforcement official, a local agency that delivers social services to homeless individuals, an outreach worker, a local agency official or a person authorized to issue a citation.
  2. Items that have no apparent value or utility or are in an insanitary condition may be immediately discarded upon removal of the homeless individuals from the camping site.
  3. Weapons, controlled substances other than prescription medication and items that appear to be either stolen or evidence of a crime shall be given to or retained by law enforcement officials.
  4. The unclaimed personal property shall be stored in an orderly fashion, keeping items that belong to an individual together to the extent that ownership can reasonably be determined.
  5. The property shall be stored for a minimum of 30 days during which it shall be reasonably available to any individual claiming ownership. Any personal property that remains unclaimed after 30 days may be disposed of or donated to a corporation described in section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 2020.”

For those interested in providing public comment on this ordinance, the second hearing will take place during the September 20 commission meeting in the Commissioner Annex Conference Room, 1106 K Avenue. The meeting will begin at 9:00 a.m., with discussion of the ordinance scheduled for 9:15 a.m., and will be open to the public. The ordinance can be read in its entirety at https://union-county.org/wp-content/uploads/2023/08/Ordinance-2023-05-Camping-on-Public-Property.pdf

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