ORDINANCE NO

ORDINANCE NO. 20097

AN ORDINANCE AUTHORIZING OVERNIGHT SLEEPING IN SPECIFIED
AREAS; PROVIDING AN EXPIRATION DATE; AND DECLARING AN EMERGENCY.

THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Notwithstanding any provision of the Eugene Code,
1971, the following activities are authorized:

(a) Persons may sleep overnight in a registered motor
vehicle parked on a public street for no more than 24 hours and in
compliance with other applicable regulations, where both sides of the
street abut an industrial zoning district;

(b) Persons may sleep overnight in a vehicle in a
parking lot of a church, synagogue, or other religious institution that
owns or leases property on which a parking lot and structure containing a
place of worship are located, with permission of the religious
institution. The religious institution may not grant permission for
more than three vehicles for any one night.

(c) Persons may sleep overnight in the back yard of a
single family residence in a residential zoning district, with permission
of the owner and tenant of the residence. Not more than one family may
sleep in any back yard, and not more than one tent or camping shelter may
be used for sleeping in the back yard. As an alternative, but not in
addition to sleeping overnight in the back yard, not more than one family
may sleep in a vehicle parked in the driveway of a single family
residence in a residential zoning district, with permission of the owner
and tenant of the residence. For purposes of this section, "family"
means persons related by blood or marriage, or no more than three
unrelated adults.

Section 2. A church, synagogue or religious institution that
allows a person or persons to sleep overnight in its parking lot pursuant
to Section 1(b) of this Ordinance, and an owner or tenant that allows a
person or persons to sleep overnight in a back yard or driveway pursuant
to Section 1(c) of this Ordinance:

(a) Shall provide or make available sanitary
facilities for the use of the persons sleeping in the parking lot, back
yard, or driveway;

(b) Shall not require payment of any fee, rent or
other charge for the privilege of using the parking lot, back yard, or
driveway as authorized by this Ordinance; and

Any person who receives permission to sleep in a vehicle in a parking lot
of a church, synagogue or other religious institution or in the back yard
or driveway of a residence as provided in this Ordinance shall leave the
property immediately after permission has been revoked.

Section 3. Any campsite used for overnight sleeping in a manner
not authorized by this Ordinance or by the Eugene Code, 1971, shall
constitute a nuisance and may be abated as such. In addition, any person
who violates this Ordinance or permits a violation to occur on the
person's property shall be subject to a civil administrative penalty in
an amount not to exceed $100 for each day the violation continues. As
used in this section, "campsite" has the meaning given in Section 4.815
of the Eugene Code, 1971.

Section 4. With authorization from the City Manager or designee
in connection with a specific recreational event, persons may sleep
overnight on public property which has a community center, swimming pool,
or other city-operated athletic faciity located thereon at which the
recreational event is being held. The authorization shall be limited to
no more than eight days in any two-week period.

Section 5. This Ordinance shall remain in effect until June 30,
1998.

Section 6 That the matters contained herein concern the public
health, welfare and safety and therefore, an emergency is hereby declared
to exist, and this Ordinance shall become effective immediately upon its
passage by the City Council and approval by the Mayor, retention by the
Mayor for more than ten days, or readoption over a mayoral veto by
two-thirds of all members of the City Council.

Passed by the City Council this Approved by the
Mayor this 17th day of November, 1997 17th day of November, 1997