HomeMy WebLinkAboutOrdinance No. 20130ORDINANCE NO. ZU 13 O
AN QRDINANCE AUTHQRIZING OVERNIGHT SLEEPING IN
SPECIFIED AREAS; ADDING SECTIQN 4.516 To THE
EUGENE CODE, 1911; AMENDING SECTIQN 4.990 QF
THAT CQDE; REPEALING QRDINANCE NQ, 20124; AND
DECLARING AN EMERGENCY.
The City Council of the City of Eugene finds that:
A. Qrdinance No. 20124, authorizing overnight sleeping in specified areas, was
passed by the Council and approved by the Mayor on June S, 1998. Pursuant to the
provisions of Section 1, the Qrdinance will remain in effect until midnight August 31,1995
with respect to overnight sleeping on a public street where both sides of the street abut an
industrial zoning district, and until midnight, June 30, 2000 with respect to all other
permitted areas.
8. The early expiration date for overnight sleeping in industrial areas of the City
was based on the testimony before the Council at the public hearing on Qrdinance No.
20124. As a result of that testimony Council directed staff to explore alternative proposals
that would help address homeless camping issues and minimize disruptive or detrimental
effects on business and property owners.
C, Staff has made its recommendations, and the Council finds it is in the public
interest to repeal Qrdinance No. 20124 and continue to authorize overnight sleeping in
specified areas in the manner hereinafter provided.
NQVII, THEREFQRE,
THE CITY QF EUGENE DDES QRDAIN AS FQLLQ~IIIS:
Section 1. Anew Section 4.816 is added to the Eugene Code, 19?1, to provide:
ordinance -1
4.86 Permitted Qverni ht Slee in .
~1 } Notwithstanding any other provision of this code:
~a} Persons may sleep overnight in a vehicle in a parking lot of a
church, synagogue, or other religious institution that owns or leases property
on which a parking lot and structure containing a place of worship are
located, with permission of the religious institution. The religious institution
may not grant permission for more than three vehicles for any one night.
fib} Persons may sleep overnight in a vehicle in a parking lot of a
business or public entity with permission of the business or public entity. The
business or public entity may not grant permission for more than three
vehicles for any one night.
~c} 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 subsection, "family" means persons related by blood or
marriage, or no more than three unrelated adults.
~2} A business, public entity, church, synagogue or religious institution that
allows a person or persons to sleep overnight in its parking lot pursuant to subsections
t~ }~a} or ~~ }fib} of this section:
~a} Shall provide or make available sanitary facilities fortheuse of
the persons sleeping in the parking lot;
fib} Shall not require payment of any fee, rent or other monetary
charge for the privilege of using the parking lot as authorized by this section;
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 business,
public entity, church, synagogue or other religious institution as provided in this section
shall leave the property immediately after permission has been revoked.
~3} An owner ortenant that allows a person or persons to sleep overnight
in a back yard or driveway pursuant to subsection ~~}~c} of this section;
~a} Shall provide or make available sanitary facilities forthe use of
the persons sleeping in the back yard or driveway;
fib} Shall not require payment of any fee, rent or other monetary
charge for the privilege of using the back yard or driveway as authorized by
this section; 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 section shaft leave the property immediately after
4~dinance - 2
permission has been revoked.
~4} In addition to any other penalty that may be imposed, any campsite
used for overnight sleeping in a manner not authorized by this section or other provisions
of this code shall constitute a nuisance and may be abated as such, As used in this
section, "campsite" has the meaning given in section 4815 of this code.
~5} The city manager may adopt administrative rules in the manner
provided in section 2.419 of this code to implement this section.
~6} vUith authorization from the city manager or designee in connection
with a spec c special 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 special event is being held. The authorization shall be limited to no more than
eight days in anytwo-week period.
Section 2. Section 4.994 of the Eugene Code, 19?1 is amended by adding new
Subsections (7), (8) and (9) thereto, and Subsection (1) is amended by inserting the
following in numerical order therein, to provide:
4.990 Penalties - S ecific.
~1 } Violation of the following sections is punishable by fine or confinement
in jail, or both, up to the amounts indicated opposite each:
Se Pe- malty,
4.815 See subsections (8) and (9) of this section
~7} A person who violates section 4.816 or permits a violation to occur on
the person's property shall be subject to imposition of a civil administrative penalty in an
amount not to exceed $100 for each day the violation continues.
~S} Except as provided in subsection ~9} of this section, a violation of
section 4.515 is punishable by a fine not to exceed $200.
~9} A willful violation of section 4.815, where the violation consists of
camping in a vehicle parked overnight on a public street, is punishable by a fine not to
exceed $500 or confinement in jail for a period not to exceed ten days, or both. As used
in this subsection, "willful violation" means a violation that occurs after the person has
received, within 30 days preceding the current violation, a citation for violating section
4.815 or a written warning from a peace off cer or other person authorized by the city
manager to issue such warnings, thatthe person was violating section 4.815. In addition
to the foregoing penalties, a vehicle used in a willful violation of section 4.815 may be
immobilized or impounded pursuant to sections 5.693 through 5.705 of this code.
Section 3. ordinance No. 20124 is repealed, as of the effective date of this
ordinance.
Ordinance - 3
Section 4. Notwithstanding the repeal of ordinance No. 20124, the authorization
contained therein to 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,
is hereby extended to midnight, September 30,1998.
Section 5. The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or
in other provisions of the Eugene Code, 1911, to the provisions added, amended or
repealed herein.
Section 6. That the matters contained herein concern the public health, welfare and
safety and therefore, an emergency is hereby declared to exist, and this ordinance shat!
become effective immediately upon its passage by the City Council and approval by the
Mayor, retention by the Mayorfor more than ten days, or readoption over a mayoral veto
bytwo-thirds of all members of the City Council.
Passed by the City Council this
.S~ day of August, 1998
Approved by the Mayor this
~ ~ ~~
City Reco
ordinance ~ 4
5~ day of August, 1998