Chapter 7.20
CAMPING REGULATIONS
Sections:
Article I. Administration
7.20.005 Title.
7.20.010 Scope.
7.20.015 Interpretation.
7.20.020 Interchangeability.
7.20.025 Terms not defined.
7.20.030 Definitions.
Article II. Camping
7.20.035 Prohibited camping.
7.20.040 Permitted camping.
7.20.045 Fire safety.
7.20.050 Utilities.
Article III. Compliance
7.20.055 Storage of personal property.
7.20.060 Cleanup and posting.
7.20.065 Nonexclusive remedy.
7.20.070 Special permit.
7.20.075 Violation – Penalty.
Article I. Administration
7.20.005 Title.
These provisions shall be known as the Albany camping regulations and shall be cited as such and will be referred to herein as “this regulation.” (Ord. 6049 § 2, 2024; Ord. 6015 § 1, 2023).
7.20.010 Scope.
The provisions of this regulation apply to all public property and public right-of-way located within the city of Albany as defined herein. (Ord. 6049 § 2, 2024; Ord. 6015 § 1, 2023).
7.20.015 Interpretation.
This regulation is to be interpreted consistent with applicable state statutes and providing the protection required by state statutes. (Ord. 6049 § 2, 2024; Ord. 6015 § 1, 2023).
7.20.020 Interchangeability.
Words used in the present tense include the future, words in the masculine gender include the feminine and neutral, the singular number includes the plural, and the plural, the singular. (Ord. 6049 § 2, 2024; Ord. 6015 § 1, 2023).
7.20.025 Terms not defined.
Where terms are not defined through the methods authorized by this article, such terms shall have ordinarily accepted meanings such as the context implies. Words of common usage are given their plain, natural, and ordinary meanings. Words that have well-defined legal meanings are given those meanings. (Ord. 6049 § 2, 2024; Ord. 6015 § 1, 2023).
7.20.030 Definitions.
(1) “Camp” or “camping” means to pitch, erect, create, use, or occupy camp facilities for the purpose of habitation, as evidenced by the use of camp paraphernalia.
(2) “Camp facilities” includes, but is not limited to, tents, huts, temporary shelters, motor vehicles, or recreational vehicles.
(3) “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, blankets, mattresses, hammocks, outdoor cooking devices or utensils, and similar equipment.
(4) “Motor vehicle” means a vehicle that is self-propelled or designed for self-propulsion.
(5) “Public property” means any real property or structures owned, leased, or managed by the city, including public rights-of-way.
(6) “Public rights-of-way” means all property dedicated to the public for transportation purposes and administered by the city, including streets, roads, alleys, lanes, sidewalks, trails, paths, bridges, viaducts, and all other public ways and areas managed by the city.
(a) Includes public utility easements to the extent that the easement allows use by the permittee planning to use or using the public utility easement. “Right-of-way” includes the subsurface under and airspace over these areas.
(b) “Right-of-way” does not include the airwaves for purposes of commercial mobile radio services, broadcast television, direct broadcast satellite and other wireless providers, or easements or other property interests owned by a single utility or entity.
(7) “Reasonable” shall be determined based on the totality of the circumstances.
(8) “Recreational vehicle” or “RV” means a vehicle with or without motive power that is designed for use as temporary living quarters and as further defined by the Oregon Department of Transportation in OAR Chapter 735, Division 022.
(9) “Store” or “storage” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.
(10) “Vehicle” means a motor vehicle or recreational vehicle. (Ord. 6049 § 2, 2024; Ord. 6015 § 1, 2023).
Article II. Camping
7.20.035 Prohibited camping.
It is unlawful for any person to camp in or upon any public property or public right-of-way if the person has access to reasonable alternate shelter, has means to acquire reasonable alternate shelter, or has otherwise been offered, rejected, and/or been disqualified from reasonable alternate shelter. (Ord. 6049 § 2, 2024).
7.20.040 Permitted camping.
(1) Camping within the city of Albany shall be permitted as follows:
(a) In accordance with a duly executed emergency declaration by the Albany city manager.
(b) On publicly owned property, designated by the Albany city manager, when there is no alternate shelter available.
(i) Each occupant shall follow all posted rules in addition to the rules set herein.
(ii) Each occupant shall be actively working with local service providers to gain alternative housing.
(iii) Each occupant shall store all items and materials within their camping facility.
(iv) Each camp may occupy a space no greater than 12 feet by 12 feet.
(v) Any individual may only occupy and/or control a single camp at any time.
(vi) Each camp shall be maintained in a clean, sanitary, and safe condition.
(vii) Camping facilities left unoccupied shall be posted pursuant to ORS 195.500. (Ord. 6049 § 2, 2024; Ord. 6015 § 1, 2023. Formerly 7.20.035).
7.20.045 Fire safety.
At no time shall there be any of the following at campsites without prior approval by the Albany fire chief or their designee:
(1) Open flame;
(2) Propane;
(3) Flammable/combustible liquid;
(4) Heat producing appliance; or
(5) Smoking/vaping. (Ord. 6049 § 2, 2024; Ord. 6015 § 1, 2023. Formerly 7.20.055).
7.20.050 Utilities.
No utilities shall be connected or supplied to any camping facility. (Ord. 6049 § 2, 2024; Ord. 6015 § 1, 2023. Formerly 7.20.060).
Article III. Compliance
7.20.055 Storage of personal property.
Except as expressly authorized by AMC, it shall be unlawful for any person to store personal property on public property or within the public right-of-way. (Ord. 6049 § 2, 2024; Ord. 6015 § 1, 2023. Formerly 7.20.065).
7.20.060 Cleanup and posting.
(1) The cleanup of permitted campsites may be scheduled by the city manager or their designee.
(a) Occasional cleanup of permitted public property campsites may be necessary to ensure the health and safety of the community.
(i) Prior to such cleanups, the property shall be posted as pursuant to ORS 195.500.
(ii) In addition to this notice, the location of other reasonable alternate shelter will be provided.
(b) This subsection (1) does not release individuals of the requirement to maintain a clean, sanitary, and safe area around their camp nor negate the conditions of any other AMC titles and/or chapters.
(2) The cleanup of prohibited campsites will be scheduled by the city manager or their designee.
(a) All prohibited campsites shall be posted and cleaned pursuant to ORS 195.500.
(3) No posting is required prior to removing debris, garbage, or items that are clearly discarded on public property or within the right-of-way. The city manager or their designee is expected to use objectively reasonable discretion in determining whether advanced notice should be provided when it cannot be clearly determined that items were discarded and are not personal property. (Ord. 6049 § 2, 2024; Ord. 6015 § 1, 2023. Formerly 7.20.070).
7.20.065 Nonexclusive remedy.
The remedies described in this chapter shall not be the exclusive remedies of the City for violations of this chapter. (Ord. 6049 § 2, 2024; Ord. 6015 § 1, 2023. Formerly 7.20.075).
7.20.070 Special permit.
Upon finding it to be in the public interest and consistent with City goals and policies, the city manager or their designee, in the instance of park events, may exempt a special event from the prohibitions of this chapter through permit or other decree and shall specify the period and location covered by the exemption. (Ord. 6049 § 2, 2024).
7.20.075 Violation – Penalty.
Violations of AMC 7.20.035, 7.20.040, and/or 7.20.045 are punishable as follows:
(1) By a fine of not more than $100 upon first offense.
(2) By a fine of not more than $100 and/or community service upon second offense.
(3) By a fine of not more than $100, community service, and/or imprisonment for a period not to exceed seven days upon any additional offense.
(4) The Albany Municipal Court Judge is encouraged to use diversion with individuals willing to engage with housing, mental health, alcohol, drug, and other service providers. (Ord. 6049 § 2, 2024; Ord. 6015 § 1, 2023. Formerly 7.20.090).