This revised plan comes after a previous attempt was derailed by legal challenges.

The proposed policy does not outright ban public camping nor restrict it to specific locations or times of the day. Instead, it focuses on limiting certain activities that campers can engage in while occupying public property. Mayor Wheeler described the plan as a "small sliver" of the city's comprehensive response to homelessness.

Under the new ordinance, individuals camping on public property would be prohibited from using propane heaters, starting fires, digging into the ground, selling bicycles or car parts, and engaging in other similar activities. Additionally, setting up camps that obstruct access to private property will also be banned.

Those who violate the rules outlined in the policy could face penalties of up to $100 or a maximum of seven days in jail. However, the proposal encourages the Multnomah County district attorney's office to offer diversion programs to violators in exchange for dropped charges.

Mayor Wheeler emphasized that the goal of the policy is not to rely solely on law enforcement but to continue efforts to reduce unsanctioned camps, connect individuals to shelters, services, and eventually housing. Law enforcement will provide warnings before enforcement action is taken.

It is worth noting that the new proposal aligns with federal and state laws by prohibiting camping on public property if individuals have access to "reasonable" shelter. The policy makes a distinction between camping and sitting or lying down outside, with the latter being permitted as long as camp materials are stowed away or packed for immediate movement.

The initial camping ban proposal, which was intended to regulate camping between 8 a.m. and 8 p.m., was challenged in court last year on the grounds of violating constitutional protections against cruel and unusual punishment. A Multnomah County judge subsequently placed the policy on hold, leaving city attorneys uncertain about how to proceed.

The City Attorney, Robert Taylor, believes that the new proposed regulations would withstand a legal challenge while providing the city with the necessary tools to address the issue of camping on public property. Legal experts representing those who sued the city over the previous proposal have been briefed on the changes but have not commented on them yet.

The fate of the new policy could also be influenced by an upcoming U.S. Supreme Court case, Grants Pass v. Johnson, which challenges a 2018 ruling by the 9th U.S. Circuit Court of Appeals. The decision on that case, expected in June, may impact Portland's ability to penalize public campers without sufficient shelter options.

The Portland City Council is scheduled to discuss the revised proposal on April 18 and vote on it the following week. If approved, the new rules would go into effect 30 days after the council's approval, unless a different timeline is proposed.

While the majority of city commissioners appear to support Mayor Wheeler's proposal, some are considering delaying the decision until next year when a new city administrator will be in place. However, Mayor Wheeler argues that the council members should take responsibility for crafting the policy and be held accountable by the public for its consequences.