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City attorney proposes ordinance banning camping and storage on public property; draft sets warnings, 30‑day storage and misdemeanor penalty
Summary
Senior Deputy City Attorney Brandy Law presented a draft ordinance that would prohibit camping, sleeping and storing items on public property, include exceptions for authorized uses and beaches, allow seizure and 30‑day storage of unattended property, and impose a Class 1 misdemeanor after a warning; council asked staff to clarify timing, private‑property interactions and operational policy.
Senior Deputy City Attorney Brandy Law told council the proposed ordinance is shaped by the U.S. Supreme Court decision in Johnson v. Grants Pass and is designed to regulate camping and unattended storage on public property while leaving exceptions for authorized uses.
"So the proposed ordinance that we drafted for council's consideration prohibits anyone from camping, laying or sleeping, or storing items on public property," Law said. The draft defines "camp" to include sleeping with or without tents or vehicles and defines "store" as maintaining personal property on public land for later use. The draft includes exceptions for uses authorized by the governing body and for unoccupied vehicles parked on public streets; it also carves out normal beach use during posted hours.
Under the draft, items staff determine are unattended and meet the storage definition may be seized and held by the city for at least 30 days; trash, unsanitary or hazardous items could be disposed of immediately. The ordinance as drafted would make a violation a Class 1 misdemeanor (up to one year in jail or a $2,500 fine), but it requires an officer to give a verbal warning, allow a reasonable time to comply, and provide information on alternative accommodations before charging anyone.
Council members tested operational scenarios: if people are moved from city property to private parking lots, staff said private property owners must instruct or authorize HPD to treat the presence as trespass. Members asked whether panhandlers’ boxes on medians would be treated as "store"; Law said the definition targets property associated with camping but staff could edit language. Vice Mayor Brown asked if officers would carry printed resource materials; Law said police already carry resource information and the housing crisis hotline number would be considered sufficient under the draft.
Staff committed to refine definitions (including a possible minimum reasonable time for compliance), clarify policy for storage and chain‑of‑custody, and return a revised draft to council for a future meeting.
