HomeMy WebLinkAboutOrdinance No. 20517COUNCIL ORDINANCE NO. 20517
COUNCIL BILL 5098
AN ORDINANCE CONCERNING PERMITTED OVERNIGHT
SLEEPING; AMENDING SECTION 4.816 OF THE EUGENE CODE,
1971; AND PROVIDING A SUNSET DATE FOR UNCODIFIED
PROVISIONS.
ADOPTED: September 25, 2013
SIGNED: September 25, 2013
PASSED: 6:2
REJECTED:
OPPOSED: Clark, Poling
ABSENT:
EFFECTIVE; September 25, 2013
ORDINANCE NO. 20517
AN ORDINANCE CONCERNING PERMITTED OVERNIGHT SLEEPING;
AMENDING SECTION 4.816 OF THE EUGENE CODE, 1971; AND
PROVIDING A SUNSET DATE FOR UNCODIFIED PROVISIONS.
The City Council of the City of Eugene finds as follows:
A. Section 4.816 of the Eugene Code, 1971 (EC) provides for the regulation of
overnight sleeping.
B. In order to create additional sleeping options for people who are homeless,
Ordinance No. 20484 was adopted temporarily allowing overnight sleeping in a tent where
overnight sleeping would be allowed in a vehicle. The sunset date of that provision was
extended to December 31, 2014 by Ordinance No. 20501. Ordinance No. 20503 was adopted
allowing overnight sleeping in a "Conestoga hut' where overnight sleeping would be allowed in
a vehicle. That Ordinance will sunset on October 1, 2013. EC 4.816 should be amended to
make those provisions permanent.
C. In addition, a pilot program expanding the permitted overnight sleeping provisions
should be established and remain in effect until March 31, 2014, which will allow the City to
monitor the program to determine whether it should be made permanent, revised or abandoned.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1 . The findings set forth above are adopted.
Section 2 . Subsection (1) of EC 4.816 is amended to provide as follows:
4.816 Permitted Overnight Slee
(1) Notwithstanding any other provision of this code:
(a) Persons may sleep overnight in a vehicle 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 six vehicles used for sleeping at any
one time. For purposes of this subsection (1), the term "vehicle"
includes a car, tent, camper, trailer, and Conestoga hut.
(b) 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
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in a vehicle, camper or trailer 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 two
unrelated adults.
(c) Persons may sleep overnight in a vehicle, 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 six vehicles used for sleeping at any one time.
Section 3 . The following provisions are adopted as a pilot program and shall sunset
and be repealed on March 31, 2014, unless extended or made permanent by future Council
action:
Permitted Overnight Sleeping Pilot Program
(1) Up to 15 persons may sleep overnight in vehicles, as that term is defined in
section 4.816(1)(a) of this code on property authorized pursuant to Section 4
of this ordinance.
(2) No site may be used for overnight sleeping pursuant to subsection (1) of this
section unless one or more entities enters into the agreement with the City
referenced in Section 4 of this ordinance and one or more entities other than
the City provides, at no cost to the City, adequate garbage, toilets and
supervision. The entity providing supervision shall work with surrounding and
nearby neighbors (businesses or residences) to address any concerns.
Section 4 . The City Manager shall recommend to the City Council one or more proposed
sites for the pilot project authorized by Section 3 of this Ordinance. Any such site may not be
located in a residential area or close to a school, and must be owned or leased by the City of
Eugene, a religious institution, a non - profit organization, or a business if the business is located
on property zoned commercial or industrial. Before a proposed site may be used, the site must
be approved by the City Council by motion and an agreement must be executed between the
City and the entity referred to in subsection (2) of Section 3 above. Such an agreement may
include but is not limited to provisions concerning (a) supervision, (b) selection of the individuals
who may camp at the site, (c) number of continuous days that someone may camp at the site,
(d) hours that people may stay at the site in addition to 9:00 p.m. to 7 a.m., (e) structures and
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other items that may be placed on the site, and (f) closure of the site for non - compliance with
the terms of the agreement.
Section 5 . Due to the inclement weather and the need to provide assistance to homeless
persons as soon as possible, pursuant to the provisions of Section 32(2) of the Eugene Charter
of 2002, with the affirmative vote of two - thirds of the members of the City Council, upon
adoption by the Council and approval by the Mayor, or passage over the Mayor's veto, this
Ordinance shall become effective immediately.
Passed by the City Council this
25 day of September, 2013.
Approved by the Mayor this
2 5 " � day of September, 2013.
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City Recorder
Mayor
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