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City Response
Complying with new State rules regarding homelessness and use of public property
In 2021, the Oregon State Legislature passed House Bills 3115 and 3124 addressing how local governments can regulate unsheltered individuals’ use of public spaces. These two bills were intended to put recent federal court decisions (Blake v. City of Grants Pass and Martin v. Boise) into written law. The bills limit city and county regulations relating to keeping warm and dry on public property, including sleeping and using temporary materials to protect oneself from the elements.
What is the City doing?
To comply with the court rulings and State law, the City of Lebanon, in the absence of a shelter, has adopted local regulations to identify where, when, and how individuals experiencing homelessness may rest and protect themselves from the elements on public property. These changes took effect July 1, 2023. The City of Lebanon regulations give a practical tool and clear guidance to City staff when addressing the impacts of an individual’s use of public property for resting and protection from the elements.
What are the changes?
To be consistent with the new State laws, the City Council adopted changes to the Lebanon municipal code restricting the act of sleeping and protection from the elements on public property, specifically:
- City parks now have defined hours when open to the public, daily between 7:00am to 10:00pm.
- The City identified city parks as available for use for sleep and protection from the elements during park hours.
- The City DID NOT establish a managed campsite, or a location which it is acceptable for sleep and protection from the elements during all hours of the day or over multiple days.
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The City adopted new rules, identifying areas in the city which it is prohibited for sleep and protection from the elements overnight when parks are not open to the public.
Overnight Sleeping is prohibited at all times in the following locations:
- City-owned property that is not open to the public.
- Public sidewalks and landscape planter strips throughout the city.
- Within 1,000 feet of a school, or youth club or organization utilized for the benefit of children in the community.
- On or within 50 feet of any city-maintained trail or multi-use path.
- Anywhere between the edge of the water and 50 feet beyond the top of the bank of a waterway including any canal.
- Areas within 50 feet of any entrance to any city-owned building or structure.
- Within 100 feet of the centerline of an active railroad.
- Any vehicle lane, bicycle lane or roundabout within any public right-of-way.
- Within city-owned parking lots, including landscape areas within and around the perimeter of the parking lot.
- Any place where the act of protecting oneself from the elements may create a physical impediment to emergency or nonemergency ingress, egress, or access to property, whether private or public.
- Any location that has been determined by the Fire Chief, Fire Marshal, or designee to constitute an elevated threat of fire at a particular time of the year.
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The City established basic regulations for how the areas authorized for sleep and protection from the elements may be used.
- Temporary Structures and Materials may be used or erected during the allowed time periods.
- Temporary Structures and Materials shall not be tied to, secured to, staked or anchored, or propped against any permanent structures or ground.
- Temporary Structures and Materials shall be dismantled and removed during times which the area is not designated for use.
- Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary or hazardous materials, or other items of no apparent utility.
- Use of fire is prohibited.
- Digging, excavation, or damage to vegetation or trees is prohibited.
- All animals maintained by any individual utilizing areas identified for sleep and protection from the elements are subject to Lebanon Municipal Code Section 6.04.050, Running at Large.
- Temporary Structures and Materials may be used or erected during the allowed time periods.
Where are people allowed to sleep and seek protection from the elements overnight?
The City Council passed an ordinance to define areas where sleeping and protection from the elements would be prohibited on public lands. Areas of publicly-owned land that are not restricted include:
- The lawn on Second Street in front of the Justice Center (40 N 2nd Street)
- The area between the sidewalk and the perimeter fencing for the City maintenance shop on Oak Street (305 W Oak Street)
- A portion of the City-owned property on Tennessee Road, across from the Wastewater Treatment Plant, setback 50-feet from the public trail, except during the designated fire season as identified by the Lebanon Fire District
- Any County, State, or Federally owned land that is open to the public
Where can I see what the City approved?
View the Lebanon City Council Ordinance No. 3007 Bill No. 2023-12 (see below) adopted to comply with the new State laws regarding use of public property for sleep and protection from the elements.
