The Columbia Press
October 29, 2021
3
City struggles with new state homeless rules
stays on public property but not
afternoon naps in public parks.
Oregon’s response earlier this
New state laws meant to pre- year was to pass House Bill
vent municipalities from pun- 3115, which requires local law
ishing homeless people will enforcement to be “objectively
require Warrenton to change reasonable” about when, where
and how people experiencing
portions of its city code.
homelessness can sit,
During a city work
lie down and sleep.
session Tuesday night,
The law takes effect
Police Chief Matt
July 1, 2023, but local
Workman went over
entities are encouraged
the new legislation and
to make changes now
recent federal lawsuits
to prevent future law-
that have benefited
suits, Workman said.
those without perma-
Preventing the prob-
nent homes. Already
lems
caused by home-
the chief had been
less
camps – fires,
working on tighten-
Workman
needles and other drug
ing the city’s rules that
cover camping in residential ar- paraphernalia, human waste –
eas and the use of trailers and is tricky.
“You have to be cautious,”
other recreational vehicles as
Workman
said. “You start pro-
permanent residences.
viding
some
things and you
“If there’s nowhere else for
have
to
provide
all things. You
them to go … and they’re just
can’t
just
put
in
a
honeypot (out-
trying to survive, we can’t have
an ordinance or law that (makes house); you have to have a full
them leave) because they’re sanitary station there.”
The new state law does al-
homeless,” Workman said.
low
police action when there
The cities of Medford and
is
illegal
activity, such as drug
Grants Pass in Oregon and Boi-
sales
and
use, retaliatory fires
se in Idaho had cases go through
between
individuals
at large
the courts that found parts of
homeless
camps,
and
offensive
their municipal codes unconsti-
littering.
tutional.
Workman is comparing ordi-
Boise was sued by 11 homeless
people after they were cited for nances recently passed in Day-
sleeping in public. They claimed ton, Gladstone, McMinville and
enforcement of the ordinance Medford and gleaning ideas for
violated their Eighth Amend- what will work in Warrenton.
Mayor Henry Balensifer said
ment rights, making them crim-
his
biggest concern was needles
inals for carrying out basic bodi-
left on the ground, a threat to
ly functions.
The case drew local and na- police, firefighters and volun-
tional attention and found the teers cleaning up debris, as well
city was attempting to force as the recent spate of fires.
“Some of these could poten-
homeless people to stay out of
tially
burn through neighbor-
the city. Boise changed its or-
hoods,”
he said.
dinance, restricting overnight
By Cindy Yingst
The Columbia Press
As the city struggles to make
its laws fair to all, commission-
ers got their first taste of the
difficult decisions they’ll be re-
quired to make.
Neighbors of a property in
the 800 block of Fifth Avenue
in Hammond complained to
the city that junk vehicles were
parked in the public right-of-
way and an old RV was being
used as a residence.
“It’s not just random stuff
parked on the street by people
we don’t know. I’ve seen who’s
doing it,” said Bryan Kasler,
who owns adjacent property.
“(Someone) is living in a bro-
ken-down motorhome. … It
doesn’t look safe and it’s not
right for the neighborhood.”
Mark Simonsen told commis-
sioners he owns three properties
there, two of them with family
members who have allowed the
RV to be used as a residence by
another family member down
on his luck.
“I’ve resolved (many of) the
issues; I think the church will
see that,” Simonsen said. “I
don’t know why the cars are still
there. I truly understand your
grief. I’m at my wit’s end trying
to clean this up.”
He spoke of the new state law
that says it’s not right “to pun-
ish a homeless individual when
there aren’t enough shelter
beds,” and asked whether the
city preferred the RV be moved
to one of the city’s parks.
In the end, commissioners
voted 4-0-1, with Commission-
er Rick Newton abstaining, to
declare the property a nuisance.
The action allows the city to
take further steps to ensure the
property is cleaned and sets in
motion the possibility of fines.
Public safety calls
Medical calls
• Medical response, 6:31 p.m.
Oct. 20, Astoria Ford.
• Medical response, 5:03 p.m.
Oct. 21, 500 block Pacific Drive.
• Medical response, 5:08 p.m.
Oct. 21, 91500 block Highway
101.
• Medical response, 4:28 a.m.
Oct. 22, 200 block Southwest
Alder Avenue.
• Medical response, 7:06 a.m.
Oct. 22, 600 block Fifth Avenue.
• Medical response, 5:30 p.m.
Oct. 22, 1400 block Southeast
12th Place.
• Medical response, 6:19 p.m.
Oct. 22, 90900 block Highway
101.
• Medical response, 12:19 a.m.
Oct. 24, 200 block Alder Avenue.
• Medical response, 2:43 p.m.
Oct. 26, 0-100 block Southeast
Third Street.
Items confiscated by
Oregon State Police
from a man hunting
illegally in an Astoria
neighborhood.
Courtesy OSP
Illegal poacher apprehended
Residents of an Astoria
neighborhood helped State
Police catch a poacher.
Earlier this month, a resi-
dent reported they’d found a
large black-tail buck injured
in their yard. When officers
arrived, they found the ani-
mal was unlikely to survive
treatment and Sgt. Joe War-
wick put the buck down. As it
was being skinned for salvage
– meat is donated to local
food banks – they discovered
the deer had been shot with
an arrow or bolt.
The next day, Trooper Greg
Schuerger went to the home
and, after a lengthy search,
found some dried blood on a
nearby trail. The blood trail
led to another residence and
the owner there was contact-
ed.
The resident provided a de-
tailed description and photo
of a suspicious man who’d
been in the yard the night
before looking around with
night vision binoculars. The
resident also was able to de-
scribe the man’s vehicle.
Officers developed a poten-
tial suspect who’d previously
been arrested for shooting a
deer in town. On several oc-
casions, the man was spotted
lurking in the area looking
for the deer.
About a week later -- on
Oct. 17 -- the man’s vehicle
was spotted in the area about
1 a.m. by an Astoria Police of-
ficer who called Schuerger.
The trooper and officer con-
tacted the man together. He
admitted he’d recently shot a
deer and led officers to it; he
denied having shot the deer
earlier in the week. After fur-
ther questioning, the man
admitted shooting the other
deer on Oct. 11, saying he’d
been unable to find it after
shooting it.
James Lee Ogier Jr., 25,
was arrested and booked at
Clatsop County Jail on mul-
tiple unrelated charges. He
also was cited on two counts
of unlawfully taking a deer,
hunting with a prohibited
method (crossbow), hunting
within city limits, trespassing
to hunt, and hunting during
prohibited hours.
His crossbow, spotlight,
and night-vision binoculars
were seized as evidence.
On Oct. 18, another resi-
dent reported finding an ar-
row, which turned out to be
another hunting bolt, stuck
in their wooden fence in the
same neighborhood where
Ogier had been arrested.
OSP offers rewards to
those who provide informa-
tion on illegal hunting or
related wildlife/habitat law
violations. Call the Turn-
In-Poachers tip line at 800-
452-7888 or email tip to
TIP@osp.oregon.gov.