Updated Salem's New Rules for Cities on Camping Require us to Modify our Current No-Camping Ban.

May 25

Updated - June 7th, 2023

I wanted to update my blog with the latest from my perspective on the new camping rules.

During the regular Sherwood City Council meeting on June 6th, we had a productive discussion regarding the Time, Place, and Manner Ordinance that we are currently developing in response to new regulations from Salem that require us to regulate camping. It was encouraging to see numerous members of our community attend the meeting and express their viewpoints on how we should approach this ordinance.

During the meeting, staff introduced a proposed ordinance that would do several things; it would not allow camping in the following areas:

No camping in areas designated for institutional and/or public use, which may include schools, public parks, churches, government offices, utility structures, and so on.
No camping is allowed in any residential zone, within 50 feet of any residential area, or within 50 feet of a residential structure, regardless of zoning.
No Camping within 1000 feet of a school.
No Camping within Sherwood School District Walk Zones.
No Camping in a manner reducing the clear, continuous sidewalk width to less than four feet.
No Camping within any Sensitive Area and/or Vegetated Corridor as Clean Water Services define those terms in Chapter 1.03 of its General Requirements and Administrative Provisions, as may be amended from Exhibit 1 510 Page 3 of 6 time to time.
No Camping within 500 feet of the City of Sherwood Police Department.
No Camping within the Old Town District.

The resulting map, which captures all of these rules, restricts camping to limited areas of the cities; furthermore, it gives the city manager, consulting with the council, the ability to set up a designated camping area. The map that was presented at the 6/6/23 meeting showed a few areas (Teal) outside of the banned areas that have potential. The area surrounded by the white box was discussed in the meeting as a potential site for a designated area.

Yellow areas = No Camping, areas with no yellow and teal are areas where camping could occur. More work to be done to narrow that down.

Our current law prohibits camping, which has proven effective in helping our police department deal with the homeless population. The homeless individuals in our community vary widely, from those who are respectful neighbors working hard to get back on their feet to those engaged in criminal activity. The number of homeless individuals in Sherwood is small, and typically have a connection or nexus to the city, such as a family member or friend already living here. Some families even live in their cars to ensure their children can attend our outstanding schools. In my view, the proposed law will allow our police department to continue to compassionately manage the homeless population based on individual circumstances while ensuring community safety and peace of mind.

We will have a second reading of the proposed ordinance on the 20th of June. I encourage all of you to let us know your thoughts and ideas as we work to meet the July 1st deadline to have this in place set by Salem.

Please be aware that this particular regulation only pertains to public areas. Camping on private property is still prohibited unless the property owner secures a variance from the city.

I have added some links on this page to the proposed ordinance language which I highlighted to make it easier for you to find the relevant language. I also included the updated maps.

May 25, 2023

House Bill 3115, also known as HB 3115, requires cities to allow community members to sleep and rest on public property (City Owned Property, not private property) under certain conditions with no available shelter beds. In addition, this bill gives municipalities the authority to regulate the time, place, and manner in which sleeping and resting activities occur.

Regarding the time aspect, cities can establish certain hours during which camping is prohibited. As for the place, cities can limit camping to specifically designated areas. Moreover, how camping takes place can be regulated by municipalities, including restrictions on personal property, types of tents, and storage of materials allowed on public property.

Recent federal court decisions and legislative history influenced the enactment of HB 3115. One significant case is Martin v. Boise, where the 9th Circuit Court of Appeals ruled in April 2019 that homeless individuals cannot be punished for sleeping outside on public property if no adequate alternatives are available unless reasonable time, place, and manner restrictions are imposed.

Another critical case is Blake v. Grants Pass, where the 9th Circuit Court of Appeals upheld a previous ruling by the U.S. District Court. The order stated that individuals experiencing homelessness have the right to take necessary measures to keep themselves warm and dry while sleeping outside. Cities were found to violate the Eighth Amendment if they punished individuals for simply sleeping outside or sleeping in their vehicles when no other options were available.

In response to these court decisions, the Oregon Legislature passed HB 3115 in 2022, which codified the rulings into state law. This bill requires cities to consider their local ordinances in the context of available local shelter services and public space. It also requires that any city ordinance regulating sitting, lying, sleeping, or keeping warm and dry outside on public property be "objectively reasonable" considering all stakeholders, including persons experiencing homelessness. Cities are mandated to implement HB 3115 by July 1, 2023.

In the case of the City of Sherwood, their municipal code, specifically Sherwood Municipal Code 9.54, must be updated to comply with HB 3115. The City Council has held multiple work sessions to discuss the background, legal cases, and the passage of HB 3115. They have also deliberated on local guidelines for time, manner, and place restrictions in Sherwood. For instance, they have proposed time restrictions between 9:00 p.m. and 7:00 a.m., designated areas where camping is allowed, and specific rules such as no open flames, no gas heat, and no accumulation of trash or rubbish.

During a work session on May 16, the City Council reviewed maps to evaluate the impact of the proposed restrictions on the place. After considering the limits discussed in the previous session, it was discovered that no suitable properties were available to meet the state law requirements. Consequently, the Council identified a vacant City-owned property on Columbia St. in Old Town as the right site, with some exceptions and additional restricted locations like the Police Department. The maps on the left will show you how all the merged constraints (where we do not want camping) came together and how it limits are selected.

After hearing feedback from the community and experts, I do not think the site near cannery square is a viable option. I personally believe there are three options. Behind the Police Department, A portion of the community Garder, the city-owned lot near the PGE training center. That said, I want to hear more from staff on the pros/cons and costs of implementing designated camping at one of those sites. I am also open to suggestions.

The first public hearing on amending Sherwood Municipal Code 9.54 is scheduled for June 6, 2023.

As we look at the issue of homelessness in our region, we must approach the problem with a regional mindset. Here in Sherwood, we have a role in finding solutions alongside our surrounding cities. Unfortunately, the current state law limits our ability to partner with other towns on camping regulations and designated camping areas. We hope the Supreme Court and the 9th Circuit will reconsider their opinions on this matter, allowing us to work together toward regional solutions. It's important to note that this law is specifically about camping regulations and not providing shelters, which will require separate discussions and regional partnerships.

We must prioritize listening to our community and ensure that we maintain our high degree of livability and safety. We must also provide our police department with the necessary tools to manage homelessness in our community. I am proud of the fantastic job our police officers do when working with people experiencing homelessness. They have a deep understanding of their needs and know how to treat them with compassion when required, and at the same time, they are also equipped with enforcement tools when behavior mandates it. Working together can create a safer and more inclusive community for everyone.

One last thought, It's essential to consider what our neighbors are doing to address HB3115. We don't want to create a situation where our homeless population congregates in the city with the most liberal rules. We need to work together to ensure we're all doing our part to address homelessness in our communities. By sharing information and resources, we can create a more comprehensive and effective approach to this complex issue. Let's not forget that homelessness affects all of us, and it's up to all of us to find solutions that work for everyone.

Please let me know what you think; we are open to ideas and suggestions from the community.

More Resources:

Proposed Ordnance as of 6/6/23

6/6/23 Council Meeting (Ordnance discussion at 2:10:13)

Text of HB3115

City Website

What are other cities doing?