Redmond City Council holds hearing on draft code changes to regulate camping on public property

(Update: Adding comments at hearing)

Mayor Ed Fitch: 'Doing nothing is not an alternative. We have to address this issue.'

REDMOND, Ore. (KTVZ) -- Under a new state law, every Oregon city faces a July 1 deadline for adopting regulations to deal with homelessness in public areas. Redmond city councilors held a public hearing Tuesday night to discuss a draft of proposed changes to city code, reflecting recent changes to state law and court rulings.

 Redmond's Mayor Ed Fitch pointed out the recent increase in the city's homeless population, echoed in so many places. 

"The numbers show we're up over 200" from last year, Fitch said Tuesday. "At least the preliminary numbers, that was back in January." He later said the number was around 250.

"I think it's a real issue in almost every community," he said, "and one we have to address, to ensure not only help for those without homes, but also those who live in the community and expect us to deal with this issue in an appropriate manner."

As of now, according to City Attorney Keith Leitz, there's not much of a Redmond code covering camping by the homeless.

"Right now, the main thing is prohibition on being in parks from dusk until dawn," Leitz said. "Then there's some prohibited storage requirements." 

He said the city is looking to make the code more specific, as the draft ordinance details. 

"We made it so that the sleeping can only be from 9 p.m. to 7 a.m.," he said. "Also, the certain areas where people would not be allowed to camp, and then put in a penalty like an enforcement or penalty section as well."

In a working draft being considered by the city council, one of the proposed amendments prohibits people from establishing a campsite within 500 feet of any school, including child care facilities. 

The proposed code also calls for unauthorized camps that constitute a public nuisance to be removed. And vehicle camping is limited to church sites and nonprofits, and prohibits it in residential areas. 

Fitch said, "Doing nothing is not an alternative. We have to address this issue. We're also required by the state to come in with 'time, place and manner' regulations." 

Leitz outlined details of the proposed ordinance at the hearing, during which several people testified about their frustration, even anger over the increasing homeless problem.

“They know how to work the system,” a woman said. Another urged pressing ODOT to remove people living for long periods – “not camping” -- by a canal on its property.

When one person suggested it might be easier to tell the homeless where they can camp, not where they can’t, Leitz said that would involve the “state-created danger doctrine” that would mean if something goes wrong at such locations, the city could be held liable. He later explained that is not the case when people assisting the homeless direct them toward shelters operated by nonprofits.

Asked how it will be enforced, Leitz noted that actions to remove people or property from public areas are complaint-based, unless it is “something so egregious” in terms of health or safety that the city would initiate steps.

 Councilors are planning to vote on the camping code changes in two weeks, on Feb. 28. 

You can read the issue summary and draft ordinance starting on Page 9 of Tuesday night's council agenda packet available here.