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--- camping_ordinance [2024/04/19 11:45] – rcif
+++ camping_ordinance [2024/08/05 15:20] (current) – rcif
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+Since Portland is a destination on the Oregon Trail, unlike Boise or Grant's Pass which are merely a waypoints, therefore efforts to criminalize houselessness are less likely to be successful, and the City and County should promote social and economic and geographic mobility instead. [[https://www.portland.gov/council/documents/ordinance/546-mult-co-iga|Houselessness Response Action Plan]] should include "measurable, community-wide indicators" of this, such as volunteer hours served, and number of city contractors who are recently house-less or housing insecure.  Make partnerships with rural counties to give people work in agriculture, timber, and commercial fishing, and other seasonal "outdoor" work.
+Exemplary providers are [[https://www.sistersoftheroad.org/|Sisters of the Road]], R2D2, and [[https://www.cascadiaclusters.org/|Cascadia Clusters]].   Like many shelters and "temperorary alternative shelters", Blanchet House gives a two-tier class system with no social mobility - anti-examples.
 ===== Proposed Camping Ordinance in Portland ======
-//Draft Legislation//
+//Draft Legislation, presented to Portland city council [[https://www.youtube.com/watch?v=dyk1KL-qU38|4/22/2024 PM 4:19:12]]//
 Every City sponsored outreach worker, police officer, or street response team called to intervene in an encampment,
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 === Time, Place, Manner Permissions ===
 Permission to camp must be extended to at least
-. one designated corner in every public park for 3-day camping
+. One designated corner in every public park for overnight bivouacing, and emergency outdoor shelter during seismic events.
-. one designated vacant lot in every Neighborhood Council region for longer term camping of no less than one week,
+. One designated vacant lot in every Neighborhood Council region for camping of one week or longer,
 . City sponsored "safe rest villages" with temporary shelter for one month or longer
-. Applicants to said village must be allowed to camp in an adjacent suburb camp for up to one month.
+. Applicants to said village must be allowed to camp in the nearby assigned vacant lot, or other adjacent suburb camp, for up to one month pending admittance.
 Campers who stipulate to a "Good Neighbor Agreement", must be allowed.
-Local property owners who do not stipulate to a good neighbor agreement, should not receive response from Law Enforcement to their complaints except to educate them on what the law requires and allows.
+Local property owners who do not stipulate to a good neighbor agreement, should not receive response from Law Enforcement to their complaints except to educate them on what the law requires and allows.   Campers who decline to agree with a "good neighbor agreement", can be cited for trespass.
 ==== Good Neighbor agreement derived from the second table of the decalogue ====
 // Concise and easily cognizable summary of existing Oregon Statutes and Moral Law//
-.  No Murder or other personal injury. No threats of violence
+.  No Murder: (or other personal injury). No threats or incitement to violence.  No requirement that pregnant participants obtain abortions in order to retain their tenancy.
-.  No Adultery or other sex crimes.  No bothering neighborhood youth.
+.  No Adultery: (or other sex crimes)  Married couples camping together should not be separated.  Domestic partnerships can be encouraged with ethical contracts, in lieu of vows, and should be recognized.  This is the best solution to "homelessness", and the most likely path to long-term stable housing.
-.  No Man-stealing, enslavement, coercion, false imprisonment, kidnapping.
+.  No stealing humans: no coercion, rape, enslavement, false imprisonment, or kidnapping.
-.  No Perjury in court, or false reports in a juridicial process
+.  No Perjury in court: no false reports in a juridicial process; uphold the administration of justice.
-.  No Covetousness - no theft or damage of movable property, tresspass or encroachment
+.  No Covetousness - no theft, embezzlement, or damage of movable property, no trespass or encroachment on residential property, no deception or fraud, no attractive nuisances, etc.
 Post a copy of these mandatory rules on nearby infrastructure,
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 Anything less than this is objectively unreasonable, and we reserve the right to challenge the legislation in State or Federal Court.
+===== Courts and Self-Government =====
+We urge Multnomah County to exercise leadership in providing campsites that are low-cost, low-maintenance, and low barrier to entry, and respectful of neighborhoods and neighborhood rights, according to the principles outlined here.   It can succeed at this by re-assigning some of its county and district attorneys, judges, and public defenders to serve as magistrates and advise neighborhood councils which would provide the forum for self-government, according to the "good neighbor agreement" stipulated here, which may be ratified and amended as necessary by each neighborhood council district according to its own deliberative process.  These will have to train participants to mediate conflicts, judge the accused, assign reasonable penalties of community service, excommunicate defiant offenders, and hear appeals as necessary.
 =====320 Updated Public Camping Restrictions=====
@@ Line 42: / Line 48: @@
 The full text will be added, with
 **Our Proposed Amendments will be added Bold, soon.   For the reasons stated above, we find the ordinance to be inadequate and objectively unreasonable and unlikely to survive a legal challenge, which we may bring if the council legislates it.**
-<html><!--
-===The City of Portland ordains:===
-Section 1. The Council finds:
-During the 2021 Regular Session of the Oregon Legislative Assembly, the legislature adopted House Bill 3115 (HB 3115).
-HB 3115 requires that any city law that regulates the acts of sitting, lying, sleeping, or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place, and manner.
-On June 7, 2023, the City Council passed Ordinance 191311 to comply with HB 3115, by adopting reasonable time, place, and manner regulations with respect to persons experiencing homelessness.
-On September 29, 2023, plaintiffs filed suit challenging the City’s regulations, and on November 9, 2023, the Multnomah County Circuit Court issued an injunction barring the City from enforcing the ordinance.  The City sought review of the injunction from the Oregon Supreme Court through a writ of mandamus with the goal of obtaining a judicial opinion providing guidance to the City and the public regarding the permissible scope of the City’s regulations.  On March 7, 2024, the Oregon Supreme Court denied the City’s request.
-While the City has not been afforded guidance from the courts, the City remains required by HB 3115 to ensure the City’s regulations concerning camping on public property are objectively reasonable.
-While the current injunction by the Multnomah County Circuit Court would keep the status quo in place, the City Council believes the status quo is not working.
-Accordingly, the City Council finds it necessary to repeal the previous ordinance and replace those provisions with new regulations governing camping on public property.
-The new regulations do the following:
-Clarify the definition of camping;
-Clarify the prohibition on camping for individuals who have reasonable shelter or who decline an offer of reasonable shelter;
-Focus on regulating the manner by which camping may not be done on public property; and
-Reduce the criminal sanctions, and replace the warnings with a provision encouraging diversion.
-The City Council believes the new regulations are necessary as they are likely to survive a legal challenge while also providing objectively reasonable regulations that can be enforced to help change the status quo in Portland.
-NOW, THEREFORE, the Council directs:
-Portland City Code Sections 14A.50.020 and 14A.50.025 are repealed.
-Portland City Code Sections 14A.50.140, 14A.50.150, 14A.50.160 and 14A.50.170 are added as set forth in Exhibit A.
-Portland City Code Sections 14A.50.050, 14A.55.010, and 29.50.050 are amended as set forth in Exhibit B.
-Documents and Exhibits
-Download fileProposed Amended Ordinance - Commissioner Rubio
-.17 KB
-Download fileProposed Amended Exhibit A - Commissioner Gonzalez
-.97 KB
-Download fileProposed Amended Exhibit B - Commissioner Gonzalez
-.64 KB
-Download fileExhibit A
-.78 KB
-Download fileExhibit B
-.99 KB
-Impact Statement
-Purpose of Proposed Legislation and Background Information
-In 2021, the Oregon Legislature passed HB 3115, requiring all cities and counties to meet compliance by July 1, 2023 with the law.
-HB 3115 requires all cities and counties to ensure their camping ordinances are “objectively reasonable as to time, place, and manner with regards to persons experiencing homelessness.”
-On June 7, 2023, the City passed Ordinance 191311 to comply with the requirements of HB 3115.
-On September 29, 2023, plaintiffs filed suit challenging the updated City City’s regulations, and on November 9, 2023, the Multnomah County Circuit Court issued an injunction barring the City from enforcing the ordinance.  The City sought review of the injunction from the Oregon Supreme Court through a writ of mandamus with the goal of obtaining a judicial opinion providing guidance to the City and the public regarding the permissible scope of the City’s regulations under HB 3115.  On March 7, 2024, the Oregon Supreme Court denied the City’s request
-In light of the urgency in addressing issues around public camping, this ordinance simplifies and clarifies the camping restrictions within the City of Portland.
-Financial and Budgetary Impacts
-The financial and budgetary impacts of this ordinance include, but are not limited to:
-Continued funding of the Street Services Coordination Center, the Impact Reduction Program, and the Portland Bureau of Transportation’s abandoned auto and derelict RV programs (through the regular budget process).
-This ordinance does not amend the budget.
-This ordinance do not require new funding. The City of Portland will use existing resources to enforce this ordinance city-wide.
-Community Impacts and Community Involvement
-The City briefed jurisdictional partners regarding the proposed changes and has also met with service providers who work directly with the homeless population. City staff also briefed internal bureau and program partners as to changes made from the previously passed code changes (from last summer).
-% Renewable Goal
-This ordinance limits open fires and accumulation of trash and debris, as well as sewage and hazardous substances.
-Agenda Items
-Time Certain in April 17-18, 2024 Council Agenda
-Rescheduled
-Rescheduled to April 24, 2024 at 4:00 p.m. Time Certain
-Time Certain in April 24-25, 2024 Council Agenda
-Introduced by
---></html>
+======History and Present of Portland Houseless Policy=====
+       * July 2024 [[https://www.opb.org/article/2024/07/30/multnomah-county-sheriff-nicole-morrisey-odonnell-says-wont-jail-homelessness/|Sherriff Morrisey-ODonnell refuses to book houseless persons for mere violation of municipal ordinance]].  “Arresting and booking our way out of the housing crisis is not a constructive solution,” Sheriff Nicole Morrisey O’Donnell wrote, and we concur.  [[https://www.wweek.com/news/2024/07/30/mayor-blames-sheriff-for-declining-to-book-man-arrested-for-violating-citys-camping-rules/|Mayor Wheeler and the whole city council are surprised by this]], but they shouldn't be.
+       * [[wp>City of Grant's Pass v. Johnson]] overturns the precedent of [[wp>Martin v. Boise]], which had held that criminalization of sleeping bags, tents, and makeshift shelter constituted "cruel and unusual punishment", prohibited by the [[wp>Eighth Amendment to the United States Constitution]] to the U.S. Constitution.