Legal Review of Prohibited Camping Code

This FAQ is being provided to address questions and concerns from community members about the City’s prohibited camping review, which is an action mandated of all Oregon cities (by July 2023) following the passage of two Oregon legislative bills in 2021.

These State bills, HB 3115 and HB 3124, were adopted in the wake of a 2018 decision by the Ninth Circuit U.S. Court of appeals. These bills make it illegal for cities within the Ninth’s District’s jurisdiction, including Wilsonville, to prohibit camping outright.

What is prohibited camping code?

By Prohibited Camping Code, the City is referring to all City regulations that relate to camping/sleeping in outdoor spaces. The current sections of City Code relevant to this issue can be found here:

• Chapter 3.000 l Chapter 5.210 l Chapter 10.425

Why is the City revising its prohibited camping code?

The City is reviewing and revising its code to comply with two new State laws passed by the Oregon Legislature in June 2021. To be compliant, Oregon cities must revise local prohibited camping ordinances as mandated before July 2023.

• House Bill 3124, sponsored by Rep. John Lively, requires posted notice for three days before removal of homeless camps and provides greater protections to homeless individuals subject to removal from established camping site.
• House Bill 3115, sponsored by then-Rep. (now Oregon Governor) Tina Kotek, requires cities to codify ordinances that protect people from fines and fees for camping on public lands if the local government isn’t providing any other viable alternatives.

What is the City’s objective with this process?

The City is seeking lawful compliance with House Bills 3115 and 3124 in the manner most agreeable to community members.

So the City is allowing homeless camps?

Oregon cities do not have jurisdiction to outright ban homeless camp sites. What cities can do, and what Wilsonville is in the process of doing, is updating the regulations that stipulate when, where and for how long camping may occur in our city. That update must provide the compassionate protections put in place by the 2021 House Bills noted above.

Why were these bills passed in Oregon?

The intention of these new State laws is to provide some compassionate protections for people experiencing homelessness. Oregon pursued this new legislation in the spirit of a 2018 decision by the Ninth Circuit U.S. Court of Appeals. Martin v. Boise banned local governments from criminalizing camping if they are not providing sufficient shelter for residents; the City of Boise’s appeal to the U.S. Supreme Court was denied, as summarized here. As a result, states under the Ninth Circuit’s jurisdiction (Oregon, Washington, California, Arizona, Alaska, Hawaii, Idaho, Montana, and Nevada) must comply with Martin v. Boise.

What are those protections provided by House Bills 3115 and 3124?

House Bill 3124 requires cities to provide 72 hours’ prior notice before clearing out a campsite. Cities must also store unclaimed personal property collected for individuals to claim.

House Bill 3115 requires all cities that have any camping prohibitions (which Wilsonville does) to have “objectively reasonable” time, place, and manner regulations. This means that the prohibitions the City does implement must have a justification for the prohibition. If a city fails to implement objectively reasonable regulations before July 1, 2023, the city can be sued – even if it hasn’t taken any enforcement action.

How is the City ensuring that the community is being heard?

The City Attorney’s office is leading the thoughtful review and revision of Wilsonville’s prohibited camping code, a project that is being directly informed by public input. Until Feb. 5, community members can take a brief survey at “Let’s Talk, Wilsonville!” to prioritize those considerations the City should weigh most heavily as policy is revised to comply with new State law.

When will this project be completed?

Following the period of public input and direction from the City Council at a scheduled work session in February, the City Attorney will develop a revised prohibited camping policy. This draft is to be available for review and comment by the community and the City Council to inform any additional revisions before final policy is considered for adoption by the City Council no later than June 2023.

How/where can I go to support agencies working on addressing the homelessness issue in the Portland-Metro area?

Locally, Wilsonville Community Sharing (WCS) is the City’s non-profit food bank and social services center. They do accept donations online. Their programs include rent and utility bill assistance programs that are subsidized each year by the City of Wilsonville.

Are there any additional questions you still have about this project that this document didn't answer? Please send those to publicaffairs@ci.wilsonville.or.us.