2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 195 - Local Government Planning Coordination
Section 195.530 - Noncamping use of public property by homeless individuals; attorney fees.
(1) As used in this section:
(a) "City or county law" does not include policies developed pursuant to ORS 195.500 or 195.505.
(b)(A) "Keeping warm and dry" means using measures necessary for an individual to survive outdoors given the environmental conditions.
(B) "Keeping warm and dry" does not include using any measure that involves fire or flame.
(c) "Public property" has the meaning given that term in ORS 131.705.
(2) Any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.
(3) It is an affirmative defense to a charge of violating a city or county law described in subsection (2) of this section that the law is not objectively reasonable.
(4) A person experiencing homelessness may bring suit for injunctive or declaratory relief to challenge the objective reasonableness of a city or county law described in subsection (2) of this section. The action must be brought in the circuit court of the county that enacted the law or of the county in which the city that enacted the law is located.
(5) For purposes of subsections (2) and (3) of this section, reasonableness shall be determined based on the totality of the circumstances, including, but not limited to, the impact of the law on persons experiencing homelessness.
(6) In any suit brought pursuant to subsection (4) of this section, the court, in its discretion, may award reasonable attorney fees to a prevailing plaintiff if the plaintiff:
(a) Was not seeking to vindicate an interest unique to the plaintiff; and
(b) At least 90 days before the action was filed, provided written notice to the governing body of the city or county that enacted the law being challenged of an intent to bring the action and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law.
(7) Nothing in this section creates a private right of action for monetary damages for any person. [2021 c.370 §1]
Note: 195.530 becomes operative July 1, 2023. See section 2, chapter 370, Oregon Laws 2021.
Note: 195.530 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
