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HomeMy WebLinkAboutOrdinance No. 20124ORDINANCE NO. 20124 AN ORDINANCE AUTHORIZING OVERNIGHT SLEEPING IN SPECIFIED AREAS; PROVIDING EFFECTIVE AND EXPIRATION DATES; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: A, ordinance No. 20097, authorizing overnight sleeping in specified areas, was passed by the Council and approved by the Mayor on November 17,1997. Pursuant to the provisions of Section 5, the ordinance will remain in effect until June 3 0,1995. B. Prior to the passage of ordinance No. 20097 homeless camping issues were addressed in part through the City's operation of the Centennial Car Camp in the spring of 1993, and during the 1993-94 and 1994-95 winters. At the time the car camp was initiated, adjoining property owners were assured that the City would attempt to relocate to a different site. However, no paved site with sewer access and appropriate zoning was available., In addition, the car camp cost over $10,000 per month to operate, and neither the State of Oregon, Lane County, nor the City of Springfield were willing to continue any financial support. Established service providers such as white Bird and Lane ShelterCare were also unwilling to provide future staffing for a program that only operated on a partial year basis, and 24 hour staffing by skilled staff was critical fox the safety of the campers. C. The Council finds it is in the public interest to continue to authorize overnight sleeping in specif ed areas as hereinafter provided. Now, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS F4LLOwS: Section 1. Notwithstanding any provision of the Eugene Code,1971, persons incompliance with other applicable regulations may sleep overnight in a registered motor vehicle parked on a public street for no more than 24 hours, where both sides of the street abut an industrial zoning district. Section 2. Notwithstanding any provision of the Eugene Cade, 1971, persons may sleep overnight in a vehicle in a parking lot of a church, synagogue, or other religious institution that owns ar leases property on which a parking lot and structure containing a place of warship are located, with permission of the religious institution. The religious institution may not grant permission for more than three vehicles for any one night. ordinance - ~ Section 3. Notwithstanding any provision of the Eugene Code,1971, persons may sleep overnight in the back yard of a single family residence in a residential zoning district, with permission of the owner and tenant of the residence. Not more than one family may sleep in any back yard, and not more than one tent or camping shelter may be used for sleeping in the back yard. As an alternative, but not in addition to sleeping overnight in the back yard, not more than one family may sleep in a vehicle parked in the driveway of a single family residence in a residential zoning district, with permission of the owner and tenant of the residence. For purposes of this section, "family" means persons related by blood or marriage, or no more than three unrelated adults. Section 4. A church, synagogue or religious institution that allows a person or persons to sleep overnight in its- parking lot pursuant to Section 2 of this ordinance: ~a} Shall provide or make available sanitary facilities for the use of the persons sleeping in the parking lot; fib} Shall not require payment of any fee, rent or other charge for the privilege of using the parking lot as authorized by this ordinance; and ~c} May revoke permission to sleep in the parking lot at any time and for any reason, Any person who receives permission to sleep in a vehicle in a parking lot of a church, synagogue or other religious institution as provided in this Ordinance shall leave the property immediately after permission has been revoked. Section 5. An owner or tenant that allows a person or persons to sleep overnight in a back yard or driveway pursuant to Section 3 of this ordinance: ~a} Shall provide or make available sanitary facilities for the use of the persons sleeping in the back yard or driveway; fib} Shall not require payment of any fee, rent or other charge far the privilege of using the back yard or driveway as authorized by this ordinance; and ~c} May revoke permission to sleep in the back yard or driveway at any time and for any reason. Any person who receives permission to sleep in a vehicle in the back yard or driveway of a residence as provided in this ordinance shall leave the property immediately after permission has been revoked. ordinance - 2 Section ~. Any campsite used for overnight sleeping in a manner not authorized by this Ordinance or by the Eugene Code,1971, shall constitute a nuisance and maybe abated as such. In addition, any person who violates this Ordinance or permits a violation to occur on the person's property shall be subject to a civil a ' 'strative penalty in an amount not to exceed $100 for each day the violation continues. As used in this section, "campsite" has the meaning given in Section 4,815 of the Eugene Cade,1971. Section 7, With authorization from the City Manager or designee in connection with a specific recreational event, persons may sleep overnight on public property which has a community center, swimming pool, or other city-operated athletic facility located thereon at which the recreational event is being held. The authorization shall be limited to no more than eight days in any two-wee perio . Section 8. That the matters contained herein concern the public health, welfare and safety and therefore, an emergency is hereby declared to exist, and this Ordinance shall become effective at 12:01 a.m. on July 1,1995, and shall remain in effect until midnight, August 31,1998 with respect to the authorization set forth in Section 1, and until midnight, June 30, X000 as to all other provisions. Passed by the City Council this 8th day of June, 1998 ~ ~ V~ Ci Recorde~ iY Approved by the Mayor this 8th day of June,1998 i Mayor Ordinance - 3