TO: Mayor and City Council
THROUGH: Keith Stahley, City Manager
FROM: Gretchen Bennett, Houselessness Liaison
SUBJECT:
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Review of City’s policies related to persons experiencing homelessness in public spaces.
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
Result Area(s): Safe Community; Welcoming and Livable Community.
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SUMMARY:
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HB 3115, passed by the 2021 Oregon Legislature, speaks to requirements for responding to persons experiencing homelessness in public spaces. Before HB 3115 takes effect in July, 2023, staff are reviewing City procedures and code affected by this legislation.
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ISSUE:
Seek council review and feedback as staff review existing procedures and codes affected by the legislation.
RECOMMENDATION:
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Hear staff presentation and provide feedback and direction as staff review existing procedures and codes affected by the legislation.
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FACTS AND FINDINGS:
Work at unmanaged encampments by City officials is conducted through the lens of understanding the humanitarian crisis, health, safety, and livability issues. Staff employ Council values, as articulated in the Strategic Plan, of being community-focused, inclusive, proactive, accountable, and respectful when conducting this work.
The City manages public spaces that are utilized by people experiencing homelessness to live. These include sidewalks, parks, streets (in vehicles) and parking structures. Living in places not meant for human habitation brings urgent problems. Top concerns include the needs of people experiencing homelessness for basic living, safety, health, and environmental factors.
House Bill 3115 (2021) requires cities and counties to ensure that restrictions on public spaces as they apply to the unsheltered be “objectively reasonable” as to time, place and manner. HB 3115 also creates a right to sue a local government to challenge the objective reasonableness of a law regulating public spaces. HB 3115 was largely intended to codify recent court decisions (Boise v. Martin and Blake v. City of Grants Pass) that applied Constitutional limitations on a local government’s ability to apply and enforce laws that disproportionally impact the unsheltered, by prohibiting criminal penalties and fines unless certain conditions are met.
Some policy questions for consideration:
• Are the City’s camping regulations consistent with the requirements in HB 3115 that people sheltering out of doors have “reasonable protection” against the elements?
• Are current restrictions objectively reasonable with regard to people experiencing homelessness (as required by HB 3115)?
• What reasonable options exist to the City to protect human life by restricting outdoor sheltering near busy or high speed roadways or to minimize impacts to pedestrians using sidewalks?
• What objectively reasonable choices are available to the City to preserve riparian areas and other environmentally sensitive areas and to protect neighborhoods that are uniquely susceptible to impacts of outdoor sheltering?
Staff plan to seek input from community members; two session dates will be announced soon. One will be the evening of February 23, and the other session will be a noon hour in a virtual environment at a date to be determined.
BACKGROUND:
Community partners estimate well over 1,000 persons currently live out-of-doors in our region, not including people who are supported in shelter beds. Over 300 shelter beds have been added in the past two years in the Salem area. Salem has a greater than average rate of people who experience chronic homelessness.
Gretchen Bennett
Houselessness Liaison
Attachments:
1. HB 3115 Enrolled