Seaside looks to Coos Bay for camping ordinance

Published 3:00 pm Wednesday, December 15, 2021

Seaside’s camping ordinance left more questions than answers last Monday night as the City Council sought to update city ordinances to meet state and federal requirements.

Seaside’s ordinances, like others throughout the state, have been struck down by the courts at this point, City Manager Mark Winstanley said.

The purpose of the ordinance is to protect the safety of citizens and regulate use of publicly owned property by establishing time, manner, and place guidelines for trailers, tents, campers and RVs.

The ordinance recognizes the federal court ruling, Martin v. Boise, as well as newly adopted Oregon laws that make it legal to camp overnight on publicly owned property which is open to the public between the hours of 8 p.m. and 6 a.m. The law has been in effect in Coos Bay since August.

“This is patterned off of an ordinance that was developed down in Coos Bay,” Winstanley said. “What will be the legal criteria of the courts at this point? This is one that, at least up until this point, has been able to stay on the books.”

The Coos Bay ordinance makes it legal to camp — including under tents, tarps, sleeping bags and temporary huts — on most publicly owned property within the city limits between the hours of 8 p.m. and 6 a.m.

People may legally sleep in cars in publicly owned lots, also from 8 p.m. to 6 a.m. It is against the law to store camp paraphernalia on the publicly owned property during the day.

Details of the ordinance concerned Councilor Tita Montero, starting with clarifying definitions, hours of enforcement, rule limitations, liability and rules for homeowners permitting camping on their properties, including fees they may potentially charge for utilities or expenses.

She asked for a map of locations considered off limits and where camping could be allowed.

Montero also requested copies of relevant statutes be accessible and hard copies available that residents without internet access be able to view. “I’d like to make sure that all of these referenced documents are easily obtainable by anybody who is going to be under this ordinance. And that means anybody from a homeowner to a homeless person.”

Because the ordinance originated in Coos Bay, she also sought feedback from Coos Bay.

“I would like to know, in Coos Bay, where did those people go?” Montero asked. “Did they move and sit in the streets somewhere in Coos Bay? Because most of these people don’t have another place to go. And so I really would like to understand more. What have been the results in Coos Bay? Not just from the Coos Bay Police Department, but I’d like to hear it from a city councilor. I’d like to hear it from somebody who maybe has had people camp in their yards. Because we can learn from other people’s experience.”

With Seaside legal counsel Dan Van Thiel absent, answers remain.

“This does not mean that by any stretch of the imagination that this ordinance is perfect,” Winstanley said. “It’s not. Staff is going to listen very carefully to councilors’ questions, discuss these items and come back to you at your next council meeting with answers.”

The council and Mayor Jay Barber unanimously voted to approve the first reading of the ordinance.

A public hearing and second reading will come in January.

“Next meeting, I’m hoping that we’ll hear from the community a little more,” Barber said. “They’re just now learning about this.”

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