Complying With New State Rules About Camping On Public Property

 

In 2021, the Oregon State Legislature passed House Bills 3115 and 3124 addressing how local governments can regulate unsheltered individuals’ use of public spaces.  These two bills were intended to put recent federal court decisions into written law.  Blake v. City of Grants Pass and Martin v. Boise. The bills limit city and county regulations relating to keeping warm and dry on public property, including camping.

What is the City doing?

The City’s current regulations may not be consistent with these new laws, which would leave the City open to a legal challenge. To comply with new State of Oregon laws, which take effect on July 1, 2023, the City approved Salem Revised Code 95.720 and repealed SRC95.730 and Ordinance 6-20. These changes take effect June 22, 2023. The City of Salem regulations give a practical tool and clear guidance to City staff when addressing the impacts of public camping.

What are the changes?

To be consistent with the new State laws, the City Council changes Salem Revised Code (SRC) restrict camping on public property, including a repeal of restrictions on sitting or laying on public property and restrictions leaving personal property unattended on the sidewalk.

Specifically, the new ordinance revises SRC 95.720 and repeals 95.730 and Ordinance 6-20, with these effects:

  • Camping restrictions in some areas: parks, near vision clearance areas and building entrances, residential zones, near existing shelters, and areas designated by City Manager as no camping, which may allow the City to address major problem areas on a temporary basis.
  • A new requirement that camps maintain 36-inch pedestrian path on public sidewalks.

Where can I see what the City approved?

View the Salem City Council Ordinance Bill 9-23 to comply with the new State laws regarding camping on public property.

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