Chapter 9.99
HOMELESS SHELTERS

Sections:

9.99.010    Findings and purpose.

9.99.020    Definitions.

9.99.030    Permit required.

9.99.040    Application.

9.99.050    Burden of proof.

9.99.060    Public hearing – Decision – Term.

9.99.070    Permit fee.

9.99.080    Revocation.

9.99.090    Exception.

9.99.100    Violation – Penalty.

9.99.010 Findings and purpose.

The establishment and operation of a shelter for homeless persons in a community can create extraordinary additional burdens on the demand for city services. Recent experience in a neighboring community indicates that the operation of a homeless shelter for 90 persons over a four-month period resulted in significantly increased police activities, with 200 formal criminal investigations and 175 arrests directly involving shelter users.

The purpose of this chapter is to authorize the operation of shelters for homeless persons in the community under circumstances which protect and enhance the health, safety and welfare of city residents, while ensuring that adequate support services exist for shelter occupants. The provisions of this chapter are also intended to ensure adequate protection for residents of neighborhoods in which shelters are located. This chapter is adopted under the authority of the California Constitution, Article XI, Section 7, and other applicable laws. The adoption of this chapter is necessary to preserve the public peace, health, safety and general welfare. [Ord. 977 § 1, 1989.]

9.99.020 Definitions.

In this chapter, unless the context otherwise requires:

A. “Homeless shelter” or “shelter” means a facility intended to provide temporary housing to people in need and without homes.

B. “Person” means an individual, a business entity or organization, or a governmental entity. [Ord. 977 § 1, 1989.]

9.99.030 Permit required.

No person may establish or operate a homeless shelter in the city without a permit. [Ord. 977 § 1, 1989.]

9.99.040 Application.

A person who wishes to establish and operate a homeless shelter shall file an application for a permit with the city clerk. The application shall specify the shelter’s proposed location and the number of anticipated residents, and any other information considered necessary by the city clerk to process the application. The application shall include a statement by the applicant addressing each element of the burden of proof required for the issuance of a permit as described in PMC 9.99.050. When filing the application, the applicant shall pay the processing fee fixed by the city council by resolution. [Ord. 977 § 1, 1989.]

9.99.050 Burden of proof.

An applicant for a permit under this chapter has the burden of demonstrating each of the following elements:

A. The proposed facility is appropriate for the shelter under consideration;

B. The proposed location for the shelter is appropriate, given proximity, for example, to schools;

C. The shelter’s residents will be provided basic necessities of life, such as food and clothing;

D. The shelter’s residents will receive any necessary medical treatment, and have adequate access to social services and other support services such as counselling for employment and permanent housing opportunities;

E. The shelter will provide transportation for shelter residents as may be needed to implement the shelter’s program, particularly to any off-site location where services are proposed to be provided;

F. The shelter will provide adequate on-site supervision and security;

G. The shelter’s operating rules provide for immediate termination of residency and transportation out of the city of any resident who engages in criminal activity;

H. The shelter will provide adequate coordination with the police department for the provision of screening and security functions;

I. The shelter will provide a community liaison to ensure sufficient avenues of communication with the neighborhood and effective response to complaints from citizens;

J. Adequate police services are capable of being provided and are available;

K. The facility and location comply with applicable provisions of the city’s building and zoning ordinances;

L. The applicant and its staff possess the requisite skill and experience to properly manage the shelter; and

M. The applicant is prepared to pay the permit fee described in PMC 9.99.070. [Ord. 977 § 1, 1989.]

9.99.060 Public hearing – Decision – Term.

Upon receipt of a complete application, the city clerk shall set the matter for a public hearing before the city council. The city clerk shall give notice of the hearing by (1) publishing a notice of time and place of hearing once in a newspaper of general circulation at least 10 days before the hearing, and (2) posting the notice of public hearing in three public places. The city clerk may give notice in such other manner considered appropriate under the circumstances. The city council shall conduct the hearing and may approve the application if the applicant demonstrates that each element of the burden of proof described in PMC 9.99.050 is met. If it approves the application, the council may specify the term of the permit. The term of the permit may not exceed 12 months. [Ord. 977 § 1, 1989.]

9.99.070 Permit fee.

If the city council approves the application, it shall as a part of the approval process fix the amount of the permit fee. The permit fee is in addition to the processing fee referred to in PMC 9.99.040.

Once an application is approved by the city council, the applicant shall pay the permit fee fixed by the council. The permit fee shall be based upon the city’s anticipated increased costs in providing police services as a result of the shelter’s operation. [Ord. 977 § 1, 1989.]

9.99.080 Revocation.

The city council may revoke a permit issued under this chapter if it determines that the shelter is not operating in accordance with the terms of the permit. Before it considers revocation of the permit, the council shall first conduct a noticed public hearing giving the permittee an opportunity to respond to the grounds in support of revocation.

Notice of the revocation hearing shall be mailed postage prepaid by first class mail to the permittee at the address set forth in the application at least 10 days before the date set for the hearing. [Ord. 977 § 1, 1989.]

9.99.090 Exception.

This chapter does not apply to a temporary emergency homeless shelter established immediately after a natural disaster which results in a local disaster proclamation by the city council. A temporary emergency homeless shelter may operate for a maximum of 45 days. The city manager may extend that period for additional periods of 45 days each upon approval of the city council. [Ord. 977 § 1, 1989.]

9.99.100 Violation – Penalty.

A person who violates a provision of this chapter is guilty of a misdemeanor. [Ord. 977 § 1, 1989.]