HomeMy WebLinkAbout4434 OrdinanceORDINANCE NO. q q �,A
AN ORDINANCE of the City of Pasco, Washington
Creating Chapter 25.205 "Homeless Temporary Shelters".
WHEREAS, RCW 35A.21.360 allows for religious organizations to host temporary
shelters for the homeless on property owned or controlled by the religious organization whether
within buildings located on the property or elsewhere on the property outside of buildings; and
WHEREAS, the City wishes to establish a system that protects public health and safety
and does not substantially burden the decisions or actions of a religious organization regarding the
location of housing or shelter for homeless persons on property owned by the religious
organization; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 25.205 of the Pasco Municipal Code entitled "Homeless
Temporary Shelters" shall be and hereby is created and shall read as follows:
Ch
Mter 25.205
HOMELESS TEMPORARY SHELTERS
Sections:
25.205.010
Purpose and Duty.
25.205.020
Definitions.
25.205.030
Special Permit Required — Who May Apply.
25.205.040
Application Procedures.
25.205.050
Requirements for Approval.
25.205.060
Process for Final Approval.
25.205.070
Requirements Upon Approval.
25.205.080
Fire, Safety, and Health.
25.205.090
Limitations.
25.205.100
Revocation.
25.205.110
Proof of Insurance.
25.205.120
Emergency Shelters.
25.205.130
Penalty for Violations.
25.205.140
Severability.
25.205.010 PURPOSE AND DUTY. The City recognizes the rights of religious
organizations to exercise their religious liberties and understands that this religious exercise may
include hosting those who are homeless or transient. It is the purpose of this Chapter to provide a
standardized application process for a special permit for those religious organizations wishing to
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host homeless persons. It is also the purpose of this Chapter to provide for standards that will
protect the health, safety, and welfare of both the hosted residents and the public.
Nothing in this Chapter is intended nor shall be construed to create or form the basis of
liability on the part of the City or its officers, employees or agents, for any injury or damage
resulting from any action or inaction on the part of the City related in any manner to the
interpretation or enforcement of this Chapter by its officers, employees, or agents.
25.205.020 DEFINITIONS. For the purposes of this Chapter, the following words and
terms shall have the meaning ascribed to them by this section:
A) "Approved shelter" means a car, tent, trailer, camper, or a structure approved by
the Director or his/her appointee that is less than 100 square feet in total floor area and has no
kitchen or plumbing facilities but may have electricity so long as the wiring has been inspected
and approved by the appropriate governmental agency.
B) "City" means the City of Pasco, Washington.
C) "Department" means the City's Community & Economic Development
Department.
D) "Director" means the Director of the City's Community & Economic Development
Department.
E) "Entrance attendee" means an individual appointed by the managing agency that is
at least eighteen years of age and at least one of the following:
1) A volunteer, agent, member, or employee of the managing agency; or
2) A permitted temporary shelter resident authorized by the managing agency
to serve as the entrance attendee.
(F) "Managing agency" means a religious organization applying for, hosting, and
operating a permitted temporary shelter that owns or controls the site where the permitted
temporary shelter is or will be situated.
G) "Managing agency contact" means an individual appointed by the managing
agency that is at least eighteen years of age and a volunteer, agent, member, or employee of the
managing agency that serves as the contact person for the managing agency available twenty-four
hours a day, seven days a week. The managing agency contact need not be a singular individual.
H) "Occupancy registration" means a City -issued permit for the operation of a
noncommercial use not otherwise regulated by Chapter 5.05 PMC.
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I) "Permitted temporary shelter" means a temporary shelter operated by a managing
agency that provides housing or shelter to homeless persons in compliance with the provisions of
this Chapter.
J) "PMC" means the Pasco Municipal Code;
K) "Religious organization" means the federally -protected practice of a recognized
religious assembly, school or institution that owns or controls the property upon which a permitted
temporary shelter is located or proposed.
L) "Site" means the property or part of the property where the permitted temporary
shelter is or will be situated.
M) "Special permit" means a special permit granted to a religious organization by the
City's Community & Economic Development Department to host and serve as the managing
agency of a permitted temporary shelter.
25.205.030 SPECIAL PERMIT REQUIRED — WHO MAY APPLY.
A) For-profit businesses otherwise regulated by Title 5 PMC are excluded from the
provisions of this Chapter.
B) It is unlawful for any person to erect, maintain, place, permit to be or remain in or
upon any private lot, building, structure or premises in the City any temporary camp, encampment,
shelter, or collection of shelters that allows for homeless or transient individuals to stay overnight
without a valid special permit for a permitted temporary shelter granted by the City. This
Subsection shall not apply to residents or visitors of any temporary camp, encampment, shelter, or
collection of shelters unless they own or control the private lot, building, structure or premises
where the temporary camp, encampment, shelter, or collection of shelters is situated or are a
volunteer, agent, member, or employee of the person that owns or controls the private lot, building,
structure, or premises.
C) Special permits for a permitted temporary shelter shall be granted only to bona fide,
tax-exempt religious organizations.
25.205.040 APPLICATION PROCEDURES. Each managing agency shall apply for a
special permit under this section and shall certify compliance with all applicable requirements for
approval and conditions of this Chapter and the application.
A) As part of the special permit review process the managing agency shall submit an
application to the Department containing the following information:
1) The name, street address, and telephone number of the managing agency;
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2) The name, street address, and telephone number of the managing agency
contact;
3) A site plan showing the proposed location, street address, dimensions, and
layout of the proposed permitted temporary shelter;
4) The length of time the managing agency expects to operate the proposed
permitted temporary shelter;
5) A signed and notarized statement from the owner of the Site stating that the
managing agency lawfully owns or controls the site in a way that will endure for at least
the expected operational time of the proposed permitted temporary shelter specified in the
application;
6) The maximum number of residents proposed at the proposed permitted
temporary shelter,
7) The dates the managing agency intends to begin and end operation of the
proposed permitted temporary shelter;
8) A copy of the managing agency's plan for reporting the period of time
residents resided at the proposed permitted temporary shelter and when residents left the
proposed permitted temporary shelter to live in permanent housing or other temporary
housing;
9) A copy of the managing agency's operations and security plan and a code
of conduct that satisfies the requirements of PMC § 25.205.050(B); and
(10) Proof of insurance that satisfies the requirements of PMC § 25.205.110.
B) Other special conditions not present in Subsection (A) of this Section may be
required of the managing agency as part of the special permit review process at the discretion of
the Department.
C) There shall be no fee required of an applicant qualified to apply for and receive a
special permit for a permitted temporary shelter under this Chapter.
D) In addition to the requirements for special permit review, the following additional
procedures apply:
1) Occupancy Registration Required. Upon receipt of a special permit the
managing agency shall obtain an occupancy registration pursuant to Chapter 5.10 PMC
through the Department a minimum of fourteen days before the proposed date of
establishment for the permitted temporary shelter. The Occupancy Registration shall be
valid for a maximum of one hundred eighty (180) days.
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2) Pasco School District #1 Notified. In addition to the notice requirements of
Title 4 PMC, upon receipt of an application for a special permit for a permitted temporary
shelter the Director shall send a copy of the application to the administrative offices of the
Pasco School District #1 for its review and consideration.
3) Continuum of Care/Mental Health Providers Notified. In addition to the
notice requirements of Title 4 PMC, upon receipt of an application for a special permit for
a permitted temporary shelter the Director shall send a copy of the application to the
administrative offices of the Pasco Continuum of Care and/or to mental health providers
within the city of Pasco for review and consideration.
25.205.050 REQUIREMENTS FOR APPROVAL. The City may issue a temporary
and revocable special permit for a permitted temporary shelter subject to the following criteria and
requirements:
A) Site Criteria.
1) Size. The property must be sufficient in size to accommodate the maximum
number of residents and, for permitted temporary shelters not situated within a permanent
structure, must have necessary on-site facilities, including but not limited to the following:
(a) A food tent or building and host tent or building;
(b) Sanitary toilets in the number required to meet capacity guidelines;
(c) Hand washing facilities near the toilets and by any food areas; and
(d) Refuse receptacles.
(e) Verified service contracts for all temporary facilities for the duration of the
temporary shelter
2) Water Source. The managing agency shall provide an adequate source of
potable water to the permitted temporary shelter as approved by the City.
3) Sensitive Areas. No permitted temporary shelter shall be located within a
sensitive or critical area or its buffer as defined in Title 28 PMC.
4) Limitation on Residents. For each permitted temporary shelter, the
Department shall determine if the proposed maximum number of residents at the permitted
temporary shelter is so great as to endanger public health and safety. In making this
determination, the Department may consider the site's size, location, structures, and any
other relevant factors.
5) Parking. The site shall provide an adequate number of parking spaces for
the number of vehicles used by permitted temporary shelter residents and staff. If the site
has other uses besides the permitted temporary shelter, it shall be shown that the permitted
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temporary shelter will not create an undue shortage of required on-site parking for the other
use or uses on the property.
6) Public Transportation. Whenever possible, the permitted temporary shelter
should be located within one quarter mile of a bus stop with service seven days per week.
If the permitted temporary shelter is not located within one quarter mile of a bus stop with
service seven days per week, the managing agency shall demonstrate the ability for
residents to obtain access to the nearest public transportation stop, such as carpools or
shuttle buses.
7) Screening. The permitted temporary shelter shall be adequately buffered
and screened to be sight -obscuring from adjacent rights-of-way and residential properties.
Screening shall be a minimum height of six feet and may include, but is not limited to, a
combination of fencing, landscaping, or the placement of the permitted temporary shelter
behind buildings. The type of screening shall be approved by the City.
8) Privacy for Sanitary Facilities. All sanitary portable toilets shall be
screened to be sight -obscuring from adjacent properties and rights-of-way. The type of
screening shall be approved by the City and may include, but is not limited to, a_
combination of fencing and/or landscaping.
9) Distance Requirements to Sensitive Land Uses. No permitted temporary
shelter shall be permitted within three hundred feet of a licensed child daycare facility or
any public or private pre-school or elementary, middle, or high school. However, this
prohibition may be waived by provisions contained in the special permit if the owner of
such daycare or school states in a signed and notarized statement that he or she agrees to
the placement of the permitted temporary shelter on that site. Any such statement must be
submitted to the Department either with the application for a special permit or within seven
calendar days of the application's submission.
10) Approved Shelters. Except as provided in Subsection C of this Section, no
permitted temporary shelter shall be permitted unless the managing agency plans to shelter
residents in approved shelters provided by the managing agency, provided by the residents
themselves, or otherwise provided for the residents.
B) Security.
1) Operations and Security Plan. The managing agency shall demonstrate the
capacity to implement the operations and security plan required by PMC §
25.205.040(A)(9).
2) Code of Conduct. The managing agency shall ensure that the permitted
temporary shelter has a written, enforceable code of conduct which at a minimum prohibits
alcohol, nonprescribed drugs, weapons, violence, and open fires. The code of conduct
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should also address other issues related to camp and neighborhood safety. The managing
agency shall demonstrate the capacity to enforce the code of conduct.
3) In addition to the standards in this subsection, the managing agency may
adopt and enforce additional code of conduct conditions not otherwise inconsistent with
this section.
C) Indoor Permitted Temporary Shelters. The special permit may allow for an indoors
permitted temporary shelter inside a permanent building or structure subject to the following
criteria and requirements:
1) Compliance with Building Codes. An indoor permitted temporary shelter
shall comply with the requirements of the City's building codes. However, pursuant to
RCW § 19.27.042, the City's Inspection Services Division shall have the authority to
exempt code deficiencies, but in no event will it exempt code deficiencies constituting a
clear and present, grave and immediate danger to public health or safety.
2) Building Criteria. The buildings proposed for use shall be of sufficient size
to accommodate the residents and must have necessary on-site facilities, including but not
limited to the following:
(a) An adequate supply of potable water;
(b) Sanitary toilets in the number required to meet capacity guidelines;
(c) Hand washing facilities by the toilets and food areas;
(d) Refuse receptacles; and
(e) Kitchen facilities for food preparation.
(3) All applicable health standards for providing and using facilities required
under Subsection (C)(2) of this Section shall be satisfied as required by the City's
Inspection Services Division.
25.205.060 PROCESS FOR FINAL APPROVAL. Applications for a special permit for
a homeless temporary shelter shall be processed pursuant to Title 4 PMC.
25.205.070 REQUIREMENTS UPON APPROVAL.
A) Signed Agreement. All permitted temporary shelter residents must sign an
agreement to abide by the code of conduct required by PMC § 25.205.050(B)(2). Failure to do so
shall result in the noncompliant resident's immediate and permanent expulsion from the permitted
temporary shelter. The managing agency shall be responsible to enforce each agreement.
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(B) Log of Overnight Guests. The managing agency shall keep a digital log of all
individuals who stay overnight in the permitted temporary shelter. The log shall include the name
and date of birth of each individual, and the dates that the individual spent at the permitted
temporary shelter. The log must be kept reasonably up-to-date. The log shall be maintained by the
managing agency for a minimum of six months after it was last revised and shall be made available
to the City's Police Chief and the Director upon request.
C) Identification. The managing agency shall require verifiable photo identification
documents of each and every individual who stays overnight in the permitted temporary shelter.
Acceptable forms of photo identification documents for purposes of this section include a driver's
license, government -issued identification card, military identification document, or passport. If a
verifiable photo identification document cannot be obtained, the individual must agree to be
fingerprinted or the individual shall not otherwise be admitted to the camp. If the managing agency
cannot obtain fingerprints from individuals, the City must either offer the services of the City's
Police Department to provide fingerprinting services at the site at no cost to the managing agency
or issue the managing agency a waiver of the fingerprinting requirements of this subsection for
each permitted temporary shelter.
D) Simple Background Checks. The managing agency shall engage the City's Police
Department to use the verifiable photo identification document to check each individual who stays
overnight in the permitted temporary shelter for outstanding in-state and out-of-state warrants and
the individual's potential registered sex offender status. The City must either offer the services of
the City's Police Department to provide these background check services at no cost to the
managing agency or issue the managing agency a waiver of the background check requirements
of this subsection for each permitted temporary shelter.
1) Outstanding Warrants. If any warrant check reveals an existing or
outstanding warrant from any jurisdiction in the United States, the managing agency shall
immediately report the finding to the City's Police Department for the apprehension of the
individual.
2) Sex Offender Status. If the sex offender status check reveals that the
individual is a registered sex offender, the individual shall not be admitted to the permitted
temporary shelter.
E) Security. The managing agency shall ensure the permitted temporary shelter is
secure and managed to strictly prohibit alcohol, prohibited drugs, weapons, fighting, abuse of any
kind, littering, or other nuisances while located on the property. As necessary, the City's Police
Department shall be available to enforce state and local laws and ordinances. The managing agency
may be billed for excessive use of City Police Department resources.
F) Entrance/Host Tent or Building; Entrance Attendee. The managing agency shall
ensure there is an entrance/host tent or building at the permitted temporary shelter that is staffed
twenty-four hours a day and seven days a week by at least one entrance attendee.
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G) Managing Agency Contact. The managing agency contact shall serve on-call and
be available for the entrance attendee twenty-four hours a day and seven days a week. The
managing agency contact shall be available to provide help and assistance to the entrance attendee
as may be necessary to ensure the permitted temporary shelter functions properly.
H) Enforcement. The entrance attendee staffing the entrance shall notify the managing
agency contact as necessary in the enforcement of permitted temporary shelter rules and
expectations, and/or the City's Police Department as necessary to enforce local and state laws. The
entrance attendee shall also serve as a point -of -contact for the City's Police Department and will
orient the department on how the managing agency accepts and processes potential residents. The
names of the entrance attendee will be posted daily at the entrance/host tent or building. The City
shall provide contact telephone numbers of nonemergency personnel which shall be posted at the
entrance/host tent or building.
1) Visitors. Visitors to the permitted temporary shelter must meet the following
procedures and requirements:
1) The requirements that apply to individuals staying overnight in the
permitted temporary shelter pursuant to Subsection (C) of this Section shall also apply to
all visitors to the permitted temporary shelter.
2) Visitors shall be accompanied by the resident that invited the visitor while
at the permitted temporary shelter.
3) Visitors shall be allowed to visit the permitted temporary shelter only
between the hours of 9:00 am. and 10:00 p.m. After 10:00 p.m., all visitors must be evicted
from the permitted temporary shelter.
4) Visitors may not stay overnight unless they receive permission from the
managing agency and complete all requirements necessary to become a resident, including
the requirements of Subsections (C) and (D) of this Section.
5) For purposes of this Section, the following shall not be considered visitors
to the permitted temporary shelter:
(a) Volunteers, agents, members, or employees of the managing agency
rendering aid, care, assistance, security, or comfort to residents of the permitted
temporary shelter;
(b) Law enforcement personnel, including members of the City's Police
Department;
(c) Emergency fire/medical personnel;
(d) Entrance attendees; and
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(e) The managing agency contact.
J) Age Restrictions. Residents of the permitted temporary shelter must be at least
eighteen years of age. No minors shall be permitted entrance to the permitted temporary shelter
unless they are a relative of a resident of the permitted temporary shelter. Minors related to a
resident may be admitted to the permitted temporary shelter as visitors pursuant to Subsection (1)
of this Section.
25.205.080 FIRE, SAFETY, AND HEALTH. Permitted temporary shelters shall meet
the following fire, safety, and health requirements:
A) Fire Safety. The permitted temporary shelter shall conform to the following
requirements:
1) Open Fires. No open fires shall be permitted within approved shelters or
outside an approved fire pit or appliance.
2) Heating Appliances. No heating appliances shall be permitted within
approved shelters.
3) Cooking.
(a) The managing agency may allow for a common tent to provide
community cooking facilities and services for the permitted temporary shelter.
Common tents shall be approved by the managing agency and the Department.
(b) No cooking appliances shall be permitted within approved shelters.
4) Fire Extinguishers. The managing agency shall provide an adequate number
and appropriate rating of fire extinguishers at the permitted temporary shelter as approved
by the Department or the City's Fire Department.
5) Emergency Access. The managing agency shall ensure that adequate access
for fire and emergency medical personnel and apparatuses is provided for at the permitted
temporary shelter, as determined by the City's Fire Marshal.
6) Shelter Separation. The managing agency shall ensure that there is an
adequate distance between approved shelters and other structures, as determined by the
City's Fire Marshal.
7) Electrical Service. Any electrical service provided to the permitted
temporary shelter shall be in accordance with City code. Any electrical cords used outdoors
shall be approved for outdoor use.
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B) Health. The managing agency shall provide all necessary sanitary facilities,
including temporary outhouses or portable toilets and facilities for hand -washing. All applicable
health standards for providing and using such facilities shall be satisfied as required by the
Department. Facilities and staff shall be available to provide minor medical treatment to temporary
shelter residents; excessive use of the city emergency medical services for non -emergent care will
result in billing to the temporary shelter sponsor. Non -emergent care is defined as care that does
not require transportation to the emergency room.
C) Access for Inspections. The managing agency shall permit inspections by City staff
to ensure compliance with the conditions of this permit. Inspections shall occur at reasonable times
and may occur without prior notice.
D) Approved Shelters. Residents of the permitted temporary shelter may reside only
in approved shelters at the permitted temporary shelter.
25.205.090 LIMITATIONS.
A) Duration. Permitted temporary shelters may be approved for a time period not to
exceed one hundred eighty (180) days.
B) Limitation. No other permitted temporary shelter, regardless of the managing
agency, may occupy the same site as a previous homeless temporary shelter, whether it was
permitted or unpermitted, until City staff has ensured that all residents of the previous temporary
shelter and any temporary structures, tents, trailers, etc. have been completely vacated from the
site.
25.205.100 REVOCATION. Upon determination that there has been a violation of any
approval criteria or a condition of the special permit application or that the managing agency has
failed to take action against a resident who violates the terms and conditions of the special permit,
code of conduct, or has committed violence, the Director may give written notice to the managing
agency describing the alleged violation. Within fourteen days of the mailing of the notice of
violation, the managing agency shall show cause why the permit shall not be revoked. At the end
of the fourteen -day period, the Director shall sustain or revoke the permit. When a special permit
for a permitted temporary shelter is revoked, the Director shall notify the managing agency holding
the permit by certified mail of the revocation and the findings upon which the revocation is based.
Appeals of decisions to revoke a temporary permitted temporary shelter permit shall be to Franklin
County Superior Court.
25.205.110 PROOF OF INSURANCE. A religious organization or managing agency
shall show the City proof of general liability insurance with respect to a permitted temporary
shelter with minimum limits of one million dollars per occurrence. The City shall not require a
religious organization or managing agency to obtain insurance pertaining to the City's liability
with respect to permitted temporary shelters or otherwise require the religious organization or
managing agency to indemnify the City against such liability.
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25.205.120 EMERGENCY SHELTERS. The provisions of this Chapter shall not apply
to emergency or cold weather shelters as defined in PMC 25.15.050 and permitted under the
provisions of PMC 25.200 where the screening of individuals to be temporarily housed in such
shelters is conducted by a non-profit organization or a religious organization providing the
emergency shelter.
25.205.130 PENALTY FOR VIOLATIONS.
A) Every person who violates PMC 25.205.030(B) has committed a code infraction
and shall pay a penalty not to exceed five hundred dollars per incident.
B) Nothing in this Chapter shall be interpreted to prevent the applicability of Chapter
9.90 PMC (Public Nuisances) or Chapter 16.70 PMC (Unsafe and Unfit Buildings, Structures, and
Premises) to homeless temporary shelters, either permitted or unpermitted.
25.205.140 SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
other portion of this chapter, or its application to any person, is for any reason declared invalid in
whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the
validity of the remaining portions hereof.
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
bylaw this SQ'�' day of _ p&I , 2019.
Matt Watkins, Mayor
ATTEST:
City/Clerk/
Ordinance Creating PMC Chapter 25.205
Homeless Encampments - 12
APPROVED AS TO FORM:
Kerr Fc Law Group, City Attorney