Oregon law requires public camping restrictions to be reasonable in time, place and manner. In Roseburg, unhoused people are permitted to stay overnight on some types of city property.
However, public camping isn't allowed in residential areas, near waterways, or at several other locations. The city also has rules about shelter size, noise, fires, and waste disposal.
Currently, breaking Roseburg's camping codes is a civil violation, punishable only by a fine. According to city staff, this complies with a legal precedent set by the 9th Circuit, which ruled against Grants Pass' camping ban in 2018.
However, the U.S. Supreme Court overturned that lower court ruling in June. Now, some Roseburg officials are looking to introduce more serious penalties.
At a City Council meeting Monday, city staff presented a possible amendment to Roseburg's camping code.
The proposal would impose a maximum fine of $100 for a first camping offense, and up to $250 for a second one. After that, each subsequent violation could be punished with up to seven days of jail time.
The code would recognize several potential mitigating factors, such as if a person promptly removed their camp when asked, or if they accessed social services after their violation.
At Monday's meeting, Roseburg Police Chief Gary Klopfenstein argued the change would promote the city’s Transitional Court, which commutes a defendant's sentence if they complete a rehabilitation program.
“The penalties haven't really been heavy enough to persuade someone to try to utilize it,” he said, "but I’m hopeful with this transition.”
Klopfenstein said violations from before the code changes wouldn’t be counted towards the three escalating penalties.
Roseburg’s City Council hasn’t yet voted on the proposed amendment.
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