City staff proposes ordinance and administrative policy to regulate unauthorized encampments; council sets Feb. 3 public hearing

City staff presented a draft ordinance and an accompanying administrative policy to address unauthorized encampments on public property and asked the council to set a public hearing on the ordinance for the council’s Feb. 3 meeting.

Staff framed the ordinance in the context of recent U.S. Supreme Court guidance (discussed in the meeting as the Grants Pass decision) which, staff said, clarified that municipalities may adopt and enforce rules against camping in public rights‑of‑way provided they balance enforcement with notice, storage and return of personal property and avoid rules that target a single class of individuals.

Rob (staff member) explained the proposed administrative policy would provide operational steps for staff when encountering an unauthorized encampment: outreach to occupants, notice procedures, a 72‑hour posting period in many instances, and procedures for removing, storing and returning personal property. The policy on the table emphasizes outreach and coordination with social‑service providers and also contemplates contracting for storage and county or regional social‑service partners for outreach assistance when needed.

Staff said the policy was written to comply with the Supreme Court’s guidance and the municipal research units’ model policies; it includes safeguards for property handling and a process to publish a notice of stored property so owners can ask to reclaim it. Staff emphasized that the draft policy was administrative — i.e., operational direction to staff — and that the council was being asked to set a public hearing on the ordinance portion that would make unauthorized camping on public rights‑of‑way an enforceable city offense.

During the discussion councilmembers praised the draft policy’s inclusion of outreach and property return steps and asked technical questions about operational responsibilities: who would be the designated city contact (the “DCP”) for outreach, where property would be stored, what if multiple agencies are needed, and how to ensure junior taxing districts’ obligations are respected. Staff replied that public works and police would coordinate, that storage arrangements would be developed before implementation, and that the policy leaves room to contract with social‑service providers and to adapt procedures as needed for operational reasons.

City attorney Ken Harper answered legal questions about the balance the Supreme Court required between public‑health and safety and the rights of individuals. He cautioned that policies must avoid targeting people based on status and must provide clear notice and storage/return procedures.

Council Member Overholzer moved to set a public hearing on Ordinance 2025‑02 for the February 3, 2025 council meeting; Council Member Ferrer seconded. The council voted unanimously to schedule the hearing.

What’s next: staff will publish the ordinance notice and provide the council with the draft ordinance and operational policy in the public hearing packet for Feb. 3, and will plan additional outreach to affected departments and social‑service partners beforehand.