ORS 195.505
Elements of camp removal policies
- unclaimed personal property
- notice
(1)
A policy developed pursuant to ORS 195.500 (Policy for removal of homeless individuals camping on public property) shall conform, but is not limited, to the following provisions.(2)
As used in this section, “personal property” means any item that can reasonably be identified as belonging to an individual and that has apparent value or utility.(3)
Except as provided in subsection (9) of this section, at least 72 hours before removing homeless individuals from an established camping site, law enforcement officials shall post a written notice, in English and Spanish, at all entrances to the camping site to the extent that the entrances can reasonably be identified.(4)
Intentionally left blank —Ed.(a)
When a 72-hour notice is posted, law enforcement officials shall inform the local agency that delivers social services to homeless individuals as to where the notice has been posted.(b)
The local agency may arrange for outreach workers to visit the camping site that is subject to the notice to assess the need for social service assistance in arranging shelter and other assistance.(5)
Intentionally left blank —Ed.(a)
All personal property at the camping site that remains unclaimed after removal shall be given to a law enforcement official, a local agency that delivers social services to homeless individuals, an outreach worker, a local agency official or a person authorized to issue a citation described in subsection (10) of this section, whether notice is required under subsection (3) of this section or not.(b)
The unclaimed personal property must be stored:(A)
For property removed from camping sites in counties other than Multnomah County, in a facility located in the same community as the camping site from which it was removed.(B)
For property removed from camping sites in Multnomah County, in a facility located within six blocks of a public transit station.(c)
Items that have no apparent value or utility or are in an insanitary condition may be immediately discarded upon removal of the homeless individuals from the camping site.(d)
Weapons, controlled substances other than prescription medication and items that appear to be either stolen or evidence of a crime shall be given to or retained by law enforcement officials.(6)
The written notice required under subsection (3) of this section must state, at a minimum:(a)
Where unclaimed personal property will be stored;(b)
A phone number that individuals may call to find out where the property will be stored; or(c)
If a permanent storage location has not yet been determined, the address and phone number of an agency that will have the information when available.(7)
Intentionally left blank —Ed.(a)
The unclaimed personal property shall be stored in an orderly fashion, keeping items that belong to an individual together to the extent that ownership can reasonably be determined.(b)
The property shall be stored for a minimum of 30 days during which it shall be reasonably available to any individual claiming ownership. Any personal property that remains unclaimed after 30 days may be disposed of or donated to a corporation described in section 501(c)(3) of the Internal Revenue Code as amended and in effect on December 31, 2020.(8)
Following the removal of homeless individuals from a camping site on public property, the law enforcement officials, local agency officials and outreach workers may meet to assess the notice and removal policy, to discuss whether the removals are occurring in a humane and just manner and to determine if any changes are needed in the policy.(9)
Intentionally left blank —Ed.(a)
The 72-hour notice requirement under subsection (3) of this section does not apply:(A)
When there are grounds for law enforcement officials to believe that illegal activities other than camping are occurring at an established camping site.(B)
In the event of an exceptional emergency at an established camping site, including, but not limited to, possible site contamination by hazardous materials, a public health emergency or other immediate danger to human life or safety.(b)
If a funeral service is scheduled with less than 72 hours’ notice at a cemetery at which there is a camping site, or a camping site is established at the cemetery less than 72 hours before the scheduled service, the written notice required under subsection (3) of this section may be posted at least 24 hours before removing homeless individuals from the camping site.(10)
A person authorized to issue a citation for unlawful camping under state law, administrative rule or city or county ordinance may not issue the citation if the citation would be issued within 200 feet of a notice required under subsection (3) of this section and within two hours before or after the notice was posted.(11)
Any law or policy of a city or county that is more specific or offers greater protections to homeless individuals subject to removal from an established camping site preempts contrary provisions of this section. [Formerly 203.079]
Source:
Section 195.505 — Elements of camp removal policies; unclaimed personal property; notice, https://www.oregonlegislature.gov/bills_laws/ors/ors195.html.
Notes of Decisions
Cities and counties may enact and enforce local criminal offense of unlawful camping independently of any policy enacted under this section. State v. Barrett, 302 Or App 23, 460 P3d 93 (2020), Sup Ct reviewed denied
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