Deschutes County sheriff proposes homelessness camping ordinance

Published 4:30 pm Wednesday, June 7, 2023

Deschutes County Sheriff Shane Nelson, seen here at a press conference in 2016.

Homeless people would only be allowed to camp on Deschutes County land for 24 hours before having to move under a newly proposed ordinance from Sheriff Shane Nelson.

It’s the latest in a regional push among local governments to address homelessness by cracking down on when, where and how homeless people camp on public property.

Nelson proposed a set of rules that prohibit people camping in one spot on county property for more than 24 hours, which would be punishable by removal. After 24 hours, people would be required to move themselves and all of their belongings at least one block or 600 feet, the proposed ordinance reads.

Camping would also be banned within 1 mile of private and commercial property and an urban growth boundary, within 1,000 feet of a school or park and anywhere camping creates a physical impediment.

“I will not give up on this,” Nelson said at a Deschutes County Commission meeting Wednesday. “I’m going to continue to push for this camping ordinance and other ordinances that are like it because I have a duty and an obligation to public safety. And I have a duty and an obligation to livability and compassion in this county.”

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The rules would also prohibit:

• Open fires within a mile of an urban growth boundary

• Any garbage or debris left behind after leaving

• Dumping graywater or sewage

• Building extraneous structures other than tents

• Storing extra personal property that doesn’t relate to camping

• Inoperable vehicles

• Digging in the ground and damaging trees or vegetation

• Unleashed or uncrated pets

Commissioners did not vote on the proposed ordinance Wednesday. However, the majority of the commission — Patti Adair and Tony DeBone — voted in favor of bringing a more developed ordinance back for a public hearing, allowing for public input and revisions. A public hearing date is not yet certain.

Commissioner Phil Chang pushed back against the sheriff’s proposed ordinance.

He said he wasn’t supportive of moving forward with the concept at this time, which was met with a chorus of boos from the packed meeting room.

“We need to define where and when people can camp in the context of an overall comprehensive solution that also genuinely diverts people out of homelessness in order for us to actually make any progress in our community,” Chang said at the meeting.

The cost of not doing that is the sheriff’s office continuing to spend time and resources on homelessness instead of other public safety matters, Chang said.

Nelson disagreed. He said it’s not necessary for the county to tell people where they can go.

“If we delay and we wait until we have a solution to homelessness, we will never get there. We don’t have a solution,” Nelson said at the meeting. “All we’re trying to do is mitigate the effects of homelessness, and we need those folks living in that situation to meet us halfway.”

Much of the conversation Wednesday revolved around homeless encampments near China Hat Road, just south of Bend, and Juniper Ridge, just north of Bend. Those locations are two of the largest known clusters of homeless encampments in the region.

Rules like the ones the sheriff proposed have been a common way for local governments to attempt to address homelessness, particularly on the West Coast.

Many Oregon cities are seeking to comply with a state law, passed in the Legislature in 2021, that requires local governments to pass “objectively reasonable” rules regulating homelessness.

The city of Bend implemented its own camping code in March, and the cities of Redmond and Madras both have time, place and manner regulation discussions currently underway. The city of Prineville also just took the first step in passing rules for homeless people camping in public late last month.

On Wednesday, the Portland City Council approved a daytime camping ban that prohibits camping on public land during daytime hours.

Chang was also concerned about potential legal challenges under Martin v. Boise, a case from the 9th U.S. Circuit Court of Appeals that made it unlawful for homeless people to be punished for sleeping outside if inadequate shelter beds exist. Nelson acknowledged the possibility of such legal challenges, but he said the county shouldn’t be “risk averse.”

“There are places you just can’t stay, and you just can’t camp. And it doesn’t mean there’s a lack of compassion when you say that,” Nelson said. “Look: consequences and tough love and enforcement of the rules is compassion. I do it for a living — nearly 29 years. And I’m going to continue to do it, Commissioner.”

A smattering of applause broke out in the audience.

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