HomeMy WebLinkAboutItem 4: Ordinance on Permitted Overnight SleepingECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning Permitted Overnight Sleeping and
Amending Section 4.816 of the Eugene Code, 1971
Meeting Date: February 21, 2012 Agenda Item Number: 4
Department: Planning and Development Staff Contact: Michael Wisth
www.eugene-or.gov Contact Telephone Number: 541/682-5540
ISSUE STATEMENT
This public hearing is to consider a permanent amendment following a temporary amendment to
Ordinance 4.816. Ordinance 4.816 allows for persons to sleep overnight in a vehicle, camper or
trailer in a parking lot of a religious institution, place of worship, business or public entity that
owns or leases property on which a parking lot and occupied structure are located, with
permission of the property owner.
For consideration is the temporary amendment from Council Bill 20484, which allows tents to be
defined as vehicles for the purpose of camping, permitted under Ordinance 4.816. Council Bill
20484 is set to sunset on April 15, 2012.
BACKGROUND
Section 4.816 of the Eugene Code, 1971 (EC) provides for the regulation of overnight sleeping.
EC 4.816(1)(a) and (c) contain provisions for overnight sleeping in a vehicle, camper, or trailer
under certain circumstances and in certain areas.
On December 20, 2011, in order to facilitate the transition for Occupy Eugene members, a
temporary exception to the provisions contained in EC 4.81691)(a) and (c) concerning overnight
sleeping was granted to allow for overnight sleeping in a tent where overnight sleeping would
normally be allowed in a vehicle. The December 20 exception was processed as an emergency
response to the immediate termination of the overnight camping exemption at the Occupy
Eugene camp at Washington-Jefferson Park, overriding the normal ordinance adoption
procedures of Section 28(1) of the Eugene Charter of 2002.
The exception to Ordinance 4.816, allowing tents to be defined as vehicles for the purposes of
permitted overnight camping was passed unanimously by the City Council on December 20,
2011. Unless extended or made permanent by future council action, this exception to Ordinance
4.816 will sunset and be repealed on April 15, 2012.
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RELATED CITY POLICIES
Eugene City Code provisions related to overnight camping (Eugene Code Chapter 4).
Council goal for a safe community: A community where all people are safe, valued and
welcome, including desired outcomes for decreased property crime, a greater sense of safety,
visible and accessible police presence, and better police/community relations.
COUNCIL OPTIONS
No motion is proposed as this item is scheduled for a public hearing only.
CITY MANAGER’S RECOMMENDATION
This item is scheduled for a public hearing only. Following the City’s receipt of all testimony,
the City Manager will make a recommendation to be included in the council packet for action on
March 12, 2012.
ATTACHMENTS
A.Proposed Ordinance
FOR MORE INFORMATION
Staff Contact: Michael Wisth
Telephone: 541/682-5540
Staff E-Mail: michael.c.wisth@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE CONCERNING PERMITTED OVERNIGHT SLEEPING
AND AMENDING SECTION 4.816 OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Subsections (1)(a) and (c) of Section 4.816 of the Eugene Code, 1971,
are amended to provide as follows:
4.816 Permitted Overnight Sleeping
.
(1)
Notwithstanding any other provision of this code:
(a) Persons may sleep overnight in a vehicle, camper or trailer in a
parking lot of a religious institution, place of worship, business or
public entity that owns or leases property on which a parking lot
and occupied structure are located, with permission of the
property owner. The property owner may not grant permission for
more than three vehicles used for sleeping at any one time. For
purposes of this paragraph, a “vehicle” shall also include a
tent.
(c) Persons may sleep overnight in a vehicle, camper or trailer on a
paved or graveled surface located on a vacant or unoccupied
parcel, with the permission of the property owner, if the owner
registers the site with the city or its agent. The city may require
the site to be part of a supervised program operated by the city or
its agent. The property owner may not grant permission for more
than three vehicles used for sleeping at any one time. For
purposes of this paragraph, a “vehicle” shall also include a
tent.
Section 2.
Ordinance No. 20484, which adopted temporary amendments to EC
4.816(1)(a) and (c) to provide that tents be considered “vehicles,” is repealed.
Section 3.
The City Recorder, at the request of, or with the consent of the City
Attorney, is authorized to administratively correct any reference errors contained herein,
Ordinance - Page 1 of 2
or in other provisions of the Eugene Code, 1971, to the provisions added, amended or
repealed herein.
Passed by the City Council this Approved by the Mayor this
___ day of __________, 2012. ____ day of ___________, 2012.
_________________________ __________________________
City Recorder Mayor
Ordinance - Page 2 of 2