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The city of Albany will soon be designating camping sites for those experiencing homelessness.
The move comes in response to the state legislation passed in 2021.
House Bill 3115 protects unsheltered Oregonians from fines or arrest for sheltering or resting on public property when there are no other options in the area. It will take effect July 1 as ORS 195.530.
Additions in the city’s code allow the city manager to designate public space where camping is allowed.
The camping regulations are meant to “comply with the state requirement and maintain the livability of the community,” according to a staff report.
If the city does not change its code and designate space for people to camp, then any public space would be able to be used for camping, code enforcement Officer Kris Schendel told the City Council at its Wednesday, May 24 meeting.
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“Right now our homeless population is spread throughout the city, and this allows us to direct those people to a specific location where services can be more targeted towards them and also make our public spaces safer,” Albany police Chief Marcia Harnden said.
Besides the designated city-owned space, churches and transitional shelter groups will also have the opportunity to host up to four camping facilities for as many as 120 consecutive days in a 365-day period, according to the code.
Camping would be prohibited outside of these designated areas.
Authorized camping locales must provide consistent and ongoing access to water, lavatories, fire extinguishers and garbage service, according to the code.
The designated spaces also should be low barrier, City Attorney Sean Kidd said, meaning people who are not yet sober from drugs and alcohol can also camp overnight.
Everyone has to be able to access the space for it to be legally sound and for enforcement to be possible, he said.
Councilor Steph Newton wanted to add more context to the legislation and shared the court decision that spurred House Bill 3115.
The action follows a 2018 9th Circuit Court of Appeals decision known as Martin v. Boise which ruled “the government can’t penalize certain conducts, such as sleeping on the ground, because it is an unavoidable result of homelessness, and to punish someone for their homeless status would be unconstitutional,” Newton said.
Councilor Matilda Novak expressed concern over where the designated spaces would be and the effect they may have on nearby businesses and residents.
Right now, Kidd said the city was working to identify a single space. He wasn’t sure about the level of input residents would have.
But there are limitations when looking at all the variables: The future camping site has to be city-owned, far enough from residential zones but also close enough to services and transit, Schendel said.
Mayor Alex Johnson II wanted to know more about waste removal. Officer Schendel said that the code required some sort of restrooms, and it will come at the city’s expense.
In the end, the adoption of the camping regulation code passed unanimously.
Johnson asked the City Council to tour the designated site once it was determined. Discussion of an ordinance to comply with House Bill 3115 is tentatively slated for the Monday June 12 work session.