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Home My WebLink About2759 Pandhandling/CampingORDINANCE NO. AN ORDINANCE RELATING TO AGGRESSIVE PANHANDLING; INTERFERENCE WITH TRAVEL ON SIDEWALKS; MAKING IT UNLAWFUL TO PLACE ANOTHER IN FEAR OF OFFENSIVE PHYSICAL CONTACT; PROHIBITING OPEN CONTAINERS AND IMPROPER USE OF PUBLIC MONUMENTS AND FOUNTAINS; ADDING A NEW CHAPTER 10.46 TO THE ASHLAND MUNICIPAL CODE RELATIVE TO UNAUTHORIZED CAMPING OR SLEEPING ON PUBLIC PROPERTY; AND PROVIDING PENALTIES. Recitals: A. Numerous complaints from citizens, particularly downtown business owners, tour. ists and residents have been made about certain types of aggressive behavior on sidewalks. B. This aggressive behavior intimidates many citizens and visitors citywide. C. From time to time persons establish campsites on sidewalks, public rights-of- way, under bridges, and so forth; and such persons, by such actions create unsafe and unsanitary living conditions which pose a threat to the peace, health, and safety of themselves and the community. D. Current state statutes and municipal ordinances do not regulate or control this type of behavior, and such regulation is necessary to promote the health, safety, and welfare of the City of Ashland. E. Public streets and other public areas in the city must be maintained in a clean and accessible condition. F. Camping on public streets and other public areas interferes with the rights of others to use those areas for the purposes for which they were intended. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.44.015 is added to the Ashland Municipal Code and section 10.44.020 is amended as follows: 10.44.015 Pedestrian Interference. A. No person shall block or interfere with, or attempt to block or interfere with, any person along a public sidewalk or any area designed or designated for pedestrian traffic, by any means, including but not limited to standing, sitting or lying, on that part of the sidewalk or area used for pedestrian travel or placing any object or vehicle in such sidewalk or area, with the intent to interfere with free passage. B. No person shall block or interfere with, or attempt to block or interfere with, pedestrian or vehicular entrances to public or private property PAGE 1-ORDINANCE (p:ord\panhand.ord) abutting a public sidewalk with the intent to interfere with the free ingress to or egress from such property. C. This section shall not apply to any activity otherwise made lawful. 10.44.020 Penalties. Any person violating any section within this chapter shall be guilty of a misdemeanor as set forth in Section 1.08.010. SECTION 2. Sections 10.12.020 and 10.12.090 are added to the Ashland Municipal Code as follows: 10.12.020 Offensive Physical Contact. No person shall cause or attempt to cause another person reasonably to apprehend that the person will be subjected to any offensive physical contact, including but not limited to touching, grabbing or striking, either to the person or to personal prope,~y in the person's immediate possession. 10.12.090 Penalties. Any person violating any section within this chapter shall be guilty of a misdemeanor as set forth in Section 1.08.010. SECTION 3. Section 10.40.040 is added to the Ashland Municipal Code as follows: 10.40.040 Open Containers Prohibited. A person commits the offense of violation of the open container law if the person possesses on one's person, while in or upon any street, alley, public ground, or other public place unless the place has been licensed for that purpose by the Oregon Liquor Control Commission, any bottle, can or other receptacle containing any alcoholic liquor, which has been opened, or a seal broken, or the contents of which have been partially removed. It shall not be a violation of this section, however, if the bottle, can or other receptacle is within a motor vehicle and in compliance with ORS 811.170, the open container law in a motor vehicle. SECTION 4. Section 10.56.030 is added to the Ashland Municipal Code as follows: 10.56.030 Prohibited Uses of Fountains and Monuments. A. No person shall climb, stand, lie or sit upon any public statue, monument or decorative or drinking fountain except that a person may sit upon that portion of any such monument or decorative fountain designed for sitting. B. No person shall wash, bathe, shower, brush teeth or wash clothes or other articles in any decorative or drinking fountain. PAGE 2-ORDINANCE {p:ord\panhand.ord) SECTION 5. A new Chapter 10.46 is added to the Ashland Municipal Code and shall read as follows: Chapter 10.46 PROHIBITED CAMPING Sections: 10.46.010 10.46.020 10.46.030 10.46.040 10.46.050 Definitions Camping Prohibited Sleeping on Benches or Within Doorways Prohibited Removal of Campsite Penalties. 10.46.060 Application outside city 10.46.010 Definitions. Unless the context requires otherwise, the following definitions apply: A. "To Camp" means to set up or to remain in or at a campsite. B. "Campsite" means any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or any other structure, or any vehicle or part thereof. 10.46.020 Camping Prohibited. No person shall camp in or upon any sidewalk, street, alley, lane, public right-of-way, park, or any other publicly-owned property or under any bridge or viaduct, unless otherwise specifically authorized by this code or by declaration of the Mayor in emergency circumstances. 10.46.030 Sleeping on Benches or Within Doorways Prohibited A. No person shall sleep on public benches between the hours of 9:00 p.m. and 8:00 a.m. B. No person shall sleep in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk. 10.46.040 Removal of Campsite. Upon discovery of an unattended campsite, removal of the campsite by the city may occur under the following circumstances: A. Prior to removing the campsite, the city shall post a notice, 24-hours in advance. B. At the time that a 24-hour notice is posted, the city shall inform a local agency that delivers social services to homeless individuals where the notice has been posted. C. The local agency may arrange for outreach workers to visit the campsite where a notice has been posted to assess the need for social service assistance in arranging shelter and other assistance. D. All personal property shall be given to the police department whether 24-hour notice is required or not. The property shall be stored for a minimum PAGE 3-ORDINANCE (p:ord\panhand.ord) of 14 days during which it will be reasonably available to any individual claiming ownership. Any personal property that remains unclaimed for 14 days may be disposed of. For purposes of this paragraph, "personal property" means any item that is reasonably recognizable as belonging to a person and that has apparent utility. Items that have no apparent utility or are in an insanitary condition may be immediately discarded. Weapons, drug paraphernalia and items that appear to be either stolen or evidence of a crime shall be given to the police department. E. The 24-hour notice required under subsection D of this section shall not apply: 1. When there are grounds for law enforcement officials to believe that illegal activities other than camping are occurring. 2. In the event of an exceptional emergency such as possible site contamination by hazardous materials or when there is immediate danger to human life or safety. 10.46.050 Penalties. A. Any person violating section 10.46.020 or 10.46.030 shall be guilty of a misdemeanor as set forth in Section 1.08.010. B. The court shall consider in mitigation of any punishment imposed upon a person convicted of prohibited camping whether or not the person immediately removed the campsite upon being cited. For purpose of this section, removal of the campsite shall include all litter, including but not limited to bottles, cans, garbage, rubbish and items of no apparent utility, deposited by the person in and around the campsite. All litter in and around the campsite shall be presumed to be deposited by the person convicted of prohibited camping. Such presumption shall be rebuttable, however. 10.46.060 Application outside city. This chapter applies to acts committed on property owned by the city that is located outside the city. The foregoing ordinance was first READ on the /~ ~ day of /'~ and duly PASSED and ADOPTED this ' -- day of ,1995. Barbara Ghristensen, Gity Recorder SIGNED and APPROVED this ~/--'¢ day of ~ ,1995. , 1995, Catherine M. Golden, Mayor Paul Nolte, City Attorney PAGE 4-ORDINANCE {p:ord\panhand.ord)