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HomeMy WebLinkAboutORDINANCES-1985-051-O-85• x Sv 4/24/85 10/10/85 4/30/85 10/18/85 10/2/85 11/13/85 10/9/85 11/14/85 11/15/85 51-0-85 ! AN ORDINANCE j Amending Title 8 of the City Code by Adding a New Chapter. 20 Pertaining to Shelters for the Temporarily Homeless BE IT ORDAINED BY THE CITY COUNCII, OF, THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Title 8 of the City Code of the City of Evanston, 1979, as amended, is hereby amended by adding Chapter 20, "Shelters for the Temporarily Homeless," to read as follows: CHAPTER 20 SHELTERS FOR THE TEMPORARILY HOMELESS SECTION: 8-20-1: General Provisions and Definitions 8-20-1-1: Declaration of Policy 8-20-1-2: Administration 8-20-1-3: Definitions 8-20-2: License Required 8-20-3: Application for License 8-20-4: Inspection 8-20-5: Standards for Issuance of License 8-20-6: License.Term and Conditions 8-20-6-1: Annual License 8-20-6-2: Maximum Number of Occupants 8-20-6-3:. Admission Agreement 8-20-6-4: Maximum Daily Hours of Operation 8-20-6-5: Staff Requirements 8-20-6-6: Records and Reports 8-20-7: Additional Operating Regulations 8-20-7-1: Separation of Sleeping Areas 8-20-7-2: Smoking.Materials 8-20-7-3: Smoke Detection Devices 8-20-7-4: Evacuation Diagram 8-20-8: Additional Restrictions and Prohibitions 8-20-9: Compliance with Local Codes 8-20-10: Violations 8-20-11: License Revocation 8-20-12: Appeals 8-20-13: Penalty 8-20-14: Summary Action 8-20-1: GENERAL PROVISIONS AND DEFINITIONS: 8-20-1-1: DECLARATION OF POLICY: It is the purpose of this Chapter and the policy of the City to support, foster, and establish standards for the licensing and regulation of facilities to provide shelter to persons who are temporarily without permanent housing. Such facilities are designed to provide shelter on an emergency and temporary basis and are not intended to be 51-0-85 11 permanent residences or a substitute for permanent residences. 8-20-1-2: ADMINISTRATION: The City Manager, or his designee, shall administer this Chapter and may, with the approval of the City Council, promulgate rules and regulations to carry out its enforcement. 8-20-1-3: DEFINITIONS: For the purposes of this Chapter, the following terms, phrases, words and derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. APPLICANT: A person that submits to the Department of Health and Human Services an application for a licenseor the renewal of a license to conduct, operate or maintain a shelter under this Chapter. DIRECTOR: The Director of the Department of Health and Hufian Services of the City of Evanston, or his/her designee, charged with the.,.responsi- bility of enforcing and administering the provisions of this Chapter. PERSON: Any person, firm, partnership, association, corporation, company or any organization of any kind. SHELTERS FOR A building, or portion thereof, THE TEMPORARILY in which sleeping accommodations HOMELESS are provided on an emergency basis for the temporarily homeless. 8-20-2: LICENSE REQUIRED: No person shall conduct, operate or maintain or permit,to be conducted, operated or maintained or participate in the conduct, operation or maintenance of a shelter for the temporarily homeless within the City unless the City has issued a license as provided for in this Chapter and which is in full force and effect. Said license shall be issued only if applicant is approved pursuant to procedures established in this Chapter, and has received a special use designation from the Zoning Board of Appeals in accordance with procedures established in Title 6 of the City Code or has ben specifically exempted from the requirement for such approval by the City Council. 8-20-3: APPLICATION FOR LICENSE: Application for such license shall be made to the Director in such form and manner as may be prescribed by said Director. The application shall be under oath and shall contain: (A) The location of the premises for which a license is sought; (B) The proposed maximum number of persons to be housed in the shelter; r Irm 51-0-85 a specified shelter, or unless specifically exempted from this regulation by the City Council, the maximum number of occupants permitted to remain in any such shelter shall be computed by dividing the square footage of habitable floor area by eighty (80) (resulting fractions to be disregarded), to a maximum of twenty (20) occupants. 8-20-6-3: ADMISSION AGREEMENT: No owner, operator, or manager of a shelter shall allow a person to occupy a shelter unless said person has signed an agreement stating that he/she understands that the stay is for a temporary period, and does not intend the shelter to be a permanent residence. 8-20-6-4: DAILY HOURS OF OPERATION: No owner, operator, or manager of a shelter shall operate a shelter for more than twelve (12) hours per day. 8-20-6-5: STAFF REQUIREMENTS: Each shelter shall be staffed with at least two persons on duty and awake during operating hours. One of these persons shall be designated as night supervisor and shall be responsible for administration of the shelter during this time period. 8-20-6-6: RECORDS AND REPORTS: Every licensee shall. keep and maintain such records and make such reports to the Director as may reasonably be required to implement this chapter, including but not limited to a list of names of all persons who stay overnight at the shelter and the dates of the stay. Data from such reports and from applications on file within the City shall be made available by the Director in accordance with disclosure requirements of the Public Records Act. 8-20-7: ADDITIONAL OPERATING REQUIREMENTS: 8-20-7-1: SEPARATION OF SLEEPING AREAS: Separate sleeping areas shall be provided for men, women, and parents with children, if applicable. 8-20-7-2: SMOKING MATERIALS: The owner, operator or manager of a shelter may allow the use of smoking materials therein, but only in an area separated from sleeping areas and under supervision of the staff of the shelter. No person shall use smoking materials in any sleeping area ofa shelter. 8-20-7-3: SMOKE DETECTION DEVICES: Smoke detection devices, as described in the BOCA Fire Code, shall be installed and maintained in the manner designated in said requirements, in each shelter as follows: (A) within each sleeping area; (B) In each corridor with the distance between each smoke detection device not to exceed forty (40) feet; (C) At the uppermost ceiling of each stairwell and open shaft; and (D) In each room or area used for storage. 8-20-7-4: EVACUATION DIAGRAM: In each temporary shelter for the homeless, a diagram shall be posted on each floor of a shelter, illustrating evacuation routes from the floor and the shelter in the event of an emergency.. Such diagram shall measure no less -4- 51-0-85 I � l•fff'., i� than twenty (20) inches square, and shall be posted in a place and manner where it will be readily visible to occupants. 8-20-8: ADDITIONAL RESTRICTIONS AND PRO- HIBITIONS: (A) It shall be unlawful for any person to provide as part of the regular accommodations or services of any shelter for the homeless, any medical care or treatment, nursing care or other health -related care. Nothing contained herein shall prohibit any person from obtaining emergency medical care or treatment for any occupant of such shelter in the event of an emergency. (B) No person shall own, operate, or manage a shelter - except on a not -for -profit basis and without charge to occupants thereof. However, occupants may be required to do work to maintain shelter facilities in exchange for shelter accommodations. (C) No owner, operator, or manager shall knowingly allow a shelter occupant to bring weapons, alcohol, or unprescribed drugs into the shelter. (D) No owner, operator, or manager shall allow shelter occupants to store personal belongings at the shelter during the hours in which the shelter is not in operation. 8-20-9: COMPLIANCE WITH LOCAL CODES: The premises used as shelters as defined herein' shall comply with the Building, Housing, Zoning, Fire. and Health provisions of the Code of the City of Evanston for the type of structure being utilized and with any other requirements in this Chapter. 8-20-10: VIOLATIONS: The Director,.or his or her designee, shall have authority to issue written notices of violations to licensee specifying the particular violations and the time allowed for correction. 8-20-11: LICENSE REVOCATION: Whenever the Director determines that a violation has occurred which endangers or threatens the life, health, safety or welfare of the shelter's occupants, the licensee or its employees or agents, or the community, the Director shall revoke the shelter's license by -providing twenty-four hours written notice to the shelter, or by taking summary action pursuant to §8-20-14 below. Where determined necessary, said notice shall contain an order for evacuation of the occupants, immediate correction of the violation(s) or such other measures which the Director determines to be required. The Director may also revoke the license of a shelter for any violation which is uncorrected within the time specified by the Director in a notice of violation, or for repeated violations, 8-20-12: APPEALS: Whenever the Director shall refuse to issue a license or to renew a license or shall revoke a license for a shelter the person aggrieved shall have the right to appeal the -5- i 51-0-85 decision of the Director to the City Manager. The City Manager, or his designee, shall grant such person a reasonable opportunity to present in writing, or at the City Manager's option in open hearing, his arguments against such decision of the Director. The City Manager shall consider such arguments and the pertinent facts and shall provide a brief response to the appeal within forty-five (45) days. The decision of the City Manager • with respect to such appeal shall be final: 1 8-20-13: PENALTY: Any person violating any of j the provisions of this Chapter is subject to prosecution and shall be fined not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and a separate and distinct offense shall be considered as having been committed for each and every day on which any person shall be guilty of any such violation. i 8-20-14: SUMMARY ACTION: Whenever an inspection of a shelter discloses that such shelter is in violation of local codes and poses an immediate and serious menace to public health and safety, the City is hereby authorized to 'revoke licensure and to close such shelter forthwith. SECTION 2: This Ordinance shall be null and void one year from its date of passage unless renewed by an affirmative vote of a majority of the then corporate authorities. SECTION 3: All ordinances or parts of ordinances • in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: �/1�.v1 1985. Adopted: 1985. Appr d: �� 1985. Mayor ATTEST: City Clerk 7 Approved as to form: o.-p6�,-a ion Counsel a.