City transitions into new regulations

ROSEBURG, Ore. – The City is transitioning into new regulations for sleeping overnight on City property that took effect Saturday, July 1, and on Friday, July 28, unveiled 15 new online maps to help clarify the new rules.

In early June, Roseburg Police’s Homeless Liaison Officer began educating unhoused residents about time, place and manner restrictions related to sleeping overnight in parks or on other City property after municipal code changes were adopted by the City Council Monday, May 22.   

The new ordinance does not legalize camping on public property, but rather defines when, where and how people can sleep on certain public property if they are experiencing homelessness. 

“The intent of the new ordinance is to meet state statute as well as balance people’s human need to sleep and stay warm and dry with the public’s expectations to use public spaces as intended,” said Roseburg City Manager Nikki Messenger.

The new regulations were adopted after an extensive process to gather public input that included an electronic survey and public discussions with the Homeless Commission and the City Council. Staff presented the initial concepts to the Council during a work study session Monday, April 17, 2023. A draft ordinance was first presented to the Council at their Monday, May 8, meeting. After considering public testimony, the Council requested additional place restrictions that were included in the final ordinance, which was adopted on Monday, May 22.  

Here’s additional information to clarify how the three elements of time, place and manner work together:

• “Place” restrictions mean camping is prohibited in certain areas 24/7, or around     the clock, 365 days of the year unless a special permit is issued;
• “Time” restrictions regulate the time period(s) that sleeping is allowed in the areas that are not prohibited;
•  “Manner” restrictions regulate the manner in which sleeping can occur in the areas that are not prohibited during the times that are not prohibited.    

Under Ordinance No. 3586, sleeping by those experiencing involuntary homelessness won’t be prohibited from 8 p.m. to 8 a.m. April 1 through Sept. 30, from 6 p.m. to 8 a.m. in March and October, and from 5 p.m. to 8 a.m. from Nov. 1 through Feb. 28. Enforcement of time restrictions may be suspended by the City Manager, Police Chief or a designee for severe weather events, when someone is engaged in case management or behavioral health services, or as necessary to respond to someone’s disability or unique circumstances.

New “Time/Place/Manner” maps have been produced by the City and uploaded to Police Department webpages under “Links and Documents.” Please note: The 15 new online maps will only show the areas that are most commonly used. Additional maps will be added/adjusted as needed. The maps are subject to change as the City begins implementation[SEH1] .

Homeless Liaison Officer Josh Chavez has been providing public education throughout the community as Roseburg Police slowly roll out response to violations of the updated ordinance. 

“We’re trying to be compassionate as we ease into enforcing the time, place and manner restrictions,” Roseburg Police Chief Gary Klopfenstein said.

Since July 1, a grace period has been in effect as Officer Chavez, who has been working directly with unhoused Roseburg residents for several years, talks with individuals to educate them about the changes that took effect July 1. He’s also been handing out flyers that contain the entire ordinance with specific City regulations for overnight sleeping and prohibited camping on City property. The flyers contain a QR code that will link users to the new maps.

Roseburg Police have not issued prohibited camping citations since at least early 2020. However, Roseburg Officers have been issuing tickets for other unlawful behavior connected to camping on public property such as offensive littering, depositing trash in waterways or within 100 yards of a waterway, vandalism (aka criminal mischief), drinking in public, having an unleashed dog and other violations. Police will continue issuing citations for such violations even during the grace period.

Once the grace period ends, Police will issue $250 prohibited camping citations for people who violate the updated ordinance. Those who immediately comply will likely receive warnings during the early stages of implementation.

Under Oregon House Bill 3115, cities had to meet a Saturday, July 1, deadline to update time, place and manner regulations involving camping or sleeping in public spaces to ensure prohibited camping regulations are “objectively reasonable.” 

In Roseburg, camping/sleeping is prohibited on City property:

• During daylight hours (from 8 a.m. to 5, 6 or 8 p.m., depending on the season); 

• In or adjacent to residential areas; 

• Within 200 feet of schools, daycare facilities, playgrounds, sports complexes or adjacent structures and associated parking lots;

• Within 10 feet of multiuse paths or 100 feet beyond the top of the streambank of any waterway; 

• Between the Umpqua River Path and South Umpqua River east of I-5 to Flint Street; 

• In the Stewart Park Natural Area (aka the “Duck Pond”); 

• Adjacent to any City-owned buildings, or City-owned buildings or property leased to others (including the Roseburg Area Chamber of Commerce, Umpqua Valley Arts Center, Betty Long Unruh Theater, Stewart Park Golf Course and Umpqua United);

• Including Airport property;

• Near water reservoirs;

• Within 200 feet of a park area being used with a park permit;

• Including the Downtown Parking Garage and adjacent areas.

The Fire Chief and Fire Marshal may prohibit any locations with elevated fire threats at a certain time of year. Any areas closed due to fire danger will be shown on the maps included on the RPD website.

The City code stipulates that sleeping sites must be no larger than 10 feet by 10 feet and be completely self-contained within a tent or tent-like structure except for one mobility device, such as a bike or wheelchair, per individual. Sites must not be on sidewalks or public right-of-ways; obstruct sidewalk accessibility; or interfere with using the right-of-way by pedestrians, vehicles, bicycles or other travel. Built structures are not allowed. Animals must be leashed or crated at all times. Noise ordinances must be followed.

The public can view the adopted Ordinance No. 3586 on the City website.