Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 CITY OF SEATTLE 2 ORDINANCE __________________ 3 COUNCIL BILL __________________ 4 ..title 5 AN ORDINANCE relating to City responses to people who are homeless living on public 6 property; setting standards and procedures for remedying unsafe conditions and 7 protecting the rights and property of homeless individuals. 8 ..body 9 WHEREAS, neighborhoods and communities in the City of Seattle, both sheltered and 10 unsheltered, are increasingly experiencing negative impacts from the crisis of 11 homelessness; and 12 13 14 WHEREAS, the condition and/or location of outdoor living spaces on public property can raise public health and/or safety concerns to which the City must respond; and WHEREAS, removing outdoor living spaces when there is not sufficient adequate and accessible 15 housing or shelter exacerbates the hazards facing unsheltered individuals and fails to 16 address neighborhood concerns; 17 18 19 WHEREAS, the long-term solution for homelessness is a “housing first” approach that provides sufficient adequate and accessible permanent housing for people who are homeless; WHEREAS, finding permanent and sustainable housing for homeless individuals is a priority for 20 the City, as is avoiding additional harm to those who are living unsheltered; 21 WHEREAS, homelessness is a public health crisis causing increased disease and premature 22 death for people who are homeless; Template last revised August 15, 2016 1 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 WHEREAS, the January 29, 2016, One Night Count found 2,942 individuals sleeping 2 unsheltered in Seattle, an increase of 4.6 percent from the previous year and part of a 67 3 percent increase in unsheltered homelessness in Seattle since 2011; 4 WHEREAS, the City’s lack of sufficient adequate shelter and accessible housing to 5 accommodate the needs of all people experiencing homelessness has led to unauthorized 6 outdoor living spaces in the City; 7 WHEREAS, in 2013, the City's Human Services Department found disproportionality of 8 homelessness among people of color and other groups such as veterans and LGBTQ 9 individuals; 10 11 12 13 14 WHEREAS, the City is committed to protecting the civil rights as well as the public health and safety of all people, including those experiencing homelessness; WHEREAS, no person should suffer or be subject to unfair discrimination or arbitrary treatment based on housing status; WHEREAS, in response to the increase in the number of people experiencing homelessness, the 15 Mayor declared a Civil Emergency on Homelessness in November 2015 that called for 16 federal and state assistance, as well as innovative and proactive strategies to assist those 17 in need; 18 19 20 WHEREAS, shelter will continue to remain a critical and life-saving service, particularly during times of individual crisis or severe weather; and WHEREAS, it is the intent of this body to provide clear guidance to ensure that the City can 21 respond appropriately and adequately to needs of individuals as well as the health and 22 safety of all neighborhoods, and to emergency situations, without subjecting unsheltered 23 individuals to greater hardships; NOW, THEREFORE, Template last revised August 15, 2016 2 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 2 BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. Task Force Principles. The Council and Mayor hereby adopt the principles 3 recommended by the Task Force on Unsanctioned Encampment Cleanup Protocols as shown on 4 Attachment A to this Ordinance. 5 6 Section 2. Requirements for Removal of Unsheltered Persons Living Outdoors. A. Purpose. The purpose of section 2 of this ordinance is to establish 7 enforcement procedures for the removal of unsanctioned encampments on public property that 8 increase the stability of and reduce harm to unsheltered individuals living outside within the 9 Seattle city limits; protect the public health, safety and welfare of all Seattle residents, whether 10 sheltered or unsheltered; promote the health and safety of unsheltered persons by establishing 11 procedural requirements for protecting and safeguarding their personal possessions, including 12 those necessary for survival; and minimize conflicts related to the use of public property. 13 B. Enforcement of criminal codes and duties of first responders. The Seattle 14 Police Department shall enforce laws against criminal conduct. The Seattle Police Department, 15 Fire Department and other first responders shall respond appropriately to emergency situations, 16 such as fires, crimes, or medical crises and shall cooperate with other public safety agencies in 17 accordance with mutual aid agreements. 18 19 20 21 22 23 C. Definitions. The following definitions shall apply throughout this Ordinance. “Adequate and accessible housing or stable shelter” means, at a minimum, living space that accommodates a person’s pets, partners and possessions: (1) Where a person has both the right to reside and keep belongings on an ongoing, long-term basis and has a right to return; (2) That meets living standards commonly acceptable to society, and includes Template last revised August 15, 2016 3 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 safety from other individuals, the elements, and exposure to disease or filth, room to move 2 about, storage space for belongings, the ability to maintain current household composition, 3 accommodation for physical or mental limitations, and access to hygiene facilities; and 4 (3) That is actually accessible to the individual who is or will be living in that 5 space, including that the individual must not be barred as a result of criminal background, 6 treatment status, ability to show identification, household composition, physical or mental 7 limitations, substance use disorder, or otherwise. 8 “City” means The City of Seattle and any of its contractors, agents, employees, or 9 partners acting in that capacity. 10 “Hazardous condition” means a condition that creates an imminent public health or 11 safety harm. The public health or safety harm must be created by the presence of a 12 particular condition and not a generalized harm common to all who are unsheltered. 13 “Household” means any number of related persons or a group of eight or fewer 14 unrelated individuals who wish to live together. A household includes pets, but pets are not 15 counted towards the number of persons in a household. 16 “Outdoor living space” means any outdoor public space that homeless individual(s) 17 use to live or sleep in, as evidenced by the presence of a sleeping bag, shelter, tarp, tent, bed, 18 cardboard, metal sheeting, furniture, or other objects demonstrating an intent to live in the 19 location for one or more days, whether or not continuously. 20 “Personal property” means any item that an individual owns and that might have value or 21 use to that individual, regardless of whether the item is left unattended for temporary periods of 22 time or whether it has monetary value. This does not include weapons other than knives used as 23 cooking or eating utensils, contraband, items that pose an obvious health or safety risk, or are Template last revised August 15, 2016 4 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 clearly contaminated in a way which a reasonable person would conclude the items should not 2 be stored with other property. Personal property includes non-rigid materials used for shelter, 3 such as tents and tarps, but does not include building materials, such as wood products, metal, 4 or rigid plastic. 5 “Public space” means any area within the City limits which is owned, leased, maintained, 6 controlled, or managed by the City, and does not include any area that is privately owned, 7 leased, maintained, controlled, or managed; or areas that are owned, leased, maintained, 8 controlled, or managed by other public entities such as, public schools and colleges; the 9 University of Washington; the Port of Seattle; or entities formed under the authority of RCW 10 11 35.21.730, et seq., RCW 36.100, RCW 36.102, or RCW 35.82. “Qualified outreach program” means a social service program with adequate oversight 12 and training to conduct sufficient individualized, person-centered outreach. The City may 13 provide the services or contract for such services and shall include standardized tools and 14 practices consistent with a Housing First approach and with system-wide coordinated entry. 15 Qualified outreach programs may include “peer coaches” who have themselves experienced 16 homelessness. 17 18 19 “Removal” means action to remove people, camps, structures, or personal property located at outdoor living spaces. “Specific public use” means lawful, appropriate use that benefits, assists, or is enjoyed by 20 members of the public more than incidentally and occasionally, or uses or restrictions that are 21 legally required or protected. 22 23 “Sufficient individualized outreach” means individualized, person-centered outreach that responds to the unique needs of each person. Sufficient outreach involves: (1) making an Template last revised August 15, 2016 5 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 individual assessment of each affected individual, which may include, but is not limited to, 2 considerations of household composition; disability; mental illness or other mental or emotional 3 capacity limitations; substance use or treatment status; geographic needs, such as proximity to 4 personal support, healthcare, employment and other geographic considerations; and ongoing 5 support needs; (2) identifying and offering adequate and accessible housing or stable shelter, if 6 available, based on this individual assessment; and (3) if an offer is accepted, providing 7 assistance with both the administrative and logistical aspects of moving into the identified 8 adequate and accessible housing or stable shelter. Outreach will identify, wherever possible, the 9 name of the individual and add that person to the by-name list to be prioritized through the 10 11 Homeless Management Information System or other coordinated entry data-collection program. “Unsafe location” means a public space that poses imminent danger of harm to 12 individuals residing in that location or to the general public. The danger of harm must be 13 created by the existence of the specific outdoor living space at that particular location and not 14 generalized danger of harm common to all who are unsheltered. Unsafe locations include, but 15 are not limited to, areas of rights-of-way used for transporting people or goods and for 16 providing ingress and egress to real property. 17 “Unsuitable location” means: 18 (1) Any public space where the space’s functions are unreasonably impeded because of 19 one or more persons camping in that location. Unreasonably impeded shall be further defined 20 by a multi-department administrative rule; 21 (2) City parks, including but not limited to sports fields, playgrounds, restored natural 22 areas, natural areas actively undergoing restoration, access or maintenance roads, and 23 pedestrian walkways or paths unless specifically authorized by Director’s Rule; Template last revised August 15, 2016 6 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 2 (3) Public sidewalks, planting strips, and other public rights-of-way unless specifically authorized by Director’s Rule; 3 (4) The “Pedestrian Zone” of any public sidewalk as defined by Seattle Municipal 4 Code (SMC) 15.02.046.D; 5 (5) The “Corner Curb Radius” of any public sidewalk as defined by SMC 6 7 8 9 10 15.02.042.M; (6) Any portion of a public sidewalk that prevents full access to and the use of fire hydrants, utility facilities, or transit facilities; (7) Any portion of a public sidewalk that would interfere with any American with Disabilities Act access or improvement; 11 (8) Any public sidewalk subject to SMC 15.48.040; or 12 (9) Those portions of streets, sidewalks or parks that are likely to be or have been 13 traditionally used as public forums under the First Amendment of the U.S. Constitution or 14 Article 1, Section 5 of the Washington Constitution. 15 D. Outdoor living spaces that are unsafe or unsuitable. If an outdoor living 16 space is in an unsafe or unsuitable location, the City may undertake immediate removal action if 17 conducted in accordance with the procedures set forth in this section. 18 19 1. unsuitable locations, the City must do the following. 20 21 a. The City must inform all individuals staying at such location the reasons that it is unsafe or unsuitable. 22 23 Prior to conducting removal actions based on unsafe or b. The City must identify and make available to all affected individuals who are present a nearby, alternative space owned or controlled by the Template last revised August 15, 2016 7 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 City to camp that is not unsafe or unsuitable or a stable shelter option. 2 c. The City must conduct sufficient individualized 3 outreach by a qualified outreach program unless circumstances preclude doing so prior to 4 removal. 5 6 d. If affected individuals are not present, the City must sequence removal actions as follow: 7 1. First, the City must attempt to move personal 8 property to a nearby location that is visible from the unsafe and unsuitable location and 9 that does not unreasonably interfere with a specific public use, and provide written notice 10 that identifies alternative public space owned or controlled by the City that is not unsafe or 11 unsuitable or a stable shelter option. Personal property may be put into storage bins close 12 to the site to reduce interference and damage. 13 2. Second, if a location that is visible from the 14 unsafe and unsuitable location and that does not unreasonably interfere with a specific 15 public use is not available,, the City shall remove personal property, subject to the 16 requirements for removal and storage in subsection 2.H of this ordinance, and after posting 17 notice at the location of the removal with instructions for reclaiming personal property. 18 E. Outdoor living spaces that have hazardous conditions. If an outdoor living 19 space is not in an unsafe or unsuitable location but there are hazardous conditions, the City may 20 undertake removal action if conducted in accordance with the procedures set forth in this Section. 21 22 1. Prior to conducting removal actions based on a hazardous condition or hazardous conditions, the City must do the following: Template last revised August 15, 2016 8 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 a. Notify individuals at the outdoor living area that they 2 must remediate conditions during the next 72 hours or the outdoor living space will be 3 removed and provide notice meeting the requirements of subsection 2.G of this ordinance. 4 b. For at least 72 hours, provide access to basic garbage, 5 sanitation, and harm reduction services, including emptying receptacles, picking up garbage 6 bags and containers provided for refuse and disposal of sharps, as dictated by the nature of the 7 hazardous condition. 8 9 10 c. Make reasonable efforts to identify the likely source of the hazardous condition and take action against only those responsible for creating the hazardous condition. 11 d. During the 72 hours provide a meaningful 12 opportunity to cure the hazardous condition, including: (a) an effective cure notice of the 13 specific conditions that create the hazardous condition and information on how that 14 condition can be remedied; and (b) provision of necessary items, such as garbage bags 15 and bins, gloves, rodent traps, intravenous needle receptacles, and/or portable toilets, 16 among others, that would allow the individuals to cure the hazardous condition. The City 17 must allow individuals at least 72 hours to cure the hazardous condition before posting 18 notice of removal, and shall not conduct removal if the hazardous conditions have been 19 cured. 20 e. Conduct one or more site visits by City staff or 21 contractors for the City to: (a) inform all affected individuals prior to or during the cure 22 period that the location has a hazardous condition and the actions needed to cure that 23 condition; and (b) inform all affected individuals whether the hazardous condition has Template last revised August 15, 2016 9 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 been remedied after the cure period or, if the hazardous condition has not been remedied 2 after the cure period, the reason it has not been remedied and next actions. 3 f. The City must conduct sufficient individualized 4 outreach by a qualified outreach program unless circumstances preclude doing so prior to 5 removal. 6 2. If after 72 hours the hazardous condition has not been cured, 7 the City may remove personal property, subject to the requirements for removal and 8 storage in subsection 2.H of this ordinance. 9 F. Outdoor living spaces that are not unsafe or unsuitable. If an outdoor 10 living space is not in an unsafe or unsuitable location, the City may undertake a removal 11 action only after the City has satisfied the following conditions: 12 1. Adequate and accessible housing or stable shelter is available at 13 the time of removal or at the time of voluntary departure, to any individuals whose persons 14 and/or personal possessions are being removed. 15 2. The affected individuals have been engaged with sufficient 16 individualized outreach, which has been documented, by a qualified outreach program to 17 allow anyone interested to move voluntarily to adequate and accessible housing or stable 18 shelter. 19 20 3. The City has provided written notice meeting the requirements of subsection 2.G of this ordinance. 21 4. The City, having satisfied the conditions required by this 22 subsection, and having provided 72-hour notice that meets the requirements of subsection 23 2.G of this ordinance, may remove any person who has refused to move to the adequate Template last revised August 15, 2016 10 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 and accessible housing or stable shelter, after 72-hours has elapsed. 2 3 G. Notice procedures. Prior to removing an outdoor living space the City must provide notice meeting the following requirements. 4 1. Notice must include the following information: 5 6 Explanation of the actions that will be taken during the c. Information about where personal property will be safeguarded if seized during the removal and how it can be retrieved after removal; 11 12 b. removal and how loss of personal property can be avoided; 9 10 The specific date and time the anticipated removal will take place; 7 8 a. d. Contact information for the qualified outreach program that will work with that site; and 13 e. For locations that are not unsafe or unsuitable, a 14 statement that removal will not occur in the absence of adequate and accessible housing or 15 stable shelter for all affected individuals, and information about how the housing options 16 can be accessed. 17 18 2. Notice must be provided in languages likely to be spoken by impacted individuals and consistent with the ADA. 19 3. Notice must be posted in a conspicuous location at the relevant 20 outdoor living space, as well as affixed to all tents and structures used for shelter at that 21 location. 22 4. Template last revised August 15, 2016 If removal is from a location with a hazardous condition, the 11 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 notice must indicate that the City may not undertake removal if the hazardous condition is 2 cured. 3 5. If removal is from an unsafe or unsuitable location or a location 4 with a hazardous condition, notice will inform individuals of other available space in 5 adequate and accessible housing or stable shelter, authorized encampments or in other 6 public spaces where removal will not occur due to safety or unsuitability. The City, having 7 satisfied the conditions required by this subsection, may remove any person who has 8 refused to move to the adequate and accessible housing or stable shelter. 9 H. Standards for removing, storing, and safeguarding personal property. 10 After a removal, the City will safeguard all personal property free of charge according to the 11 following requirements. 12 1. For individuals present at the time of the removal who do not have 13 the ability to transport their personal property, the City shall transport all personal property to the 14 alternative public space owned or controlled by the City. 15 2. For individuals who are absent at the time of the removal or who 16 are present but who do not wish to move to the alternative public space owned or controlled by 17 the City and do not have the ability to transport their personal property, the City will safeguard 18 all personal property for a period of not less than 60 days in a manner that allows for easy 19 identification by the owner, retrieval with minimal barriers, and ease of access. The City must 20 post notice for 60 days at the location of the removal with instructions for reclaiming such 21 personal property. The City may establish a program where personal property is delivered to 22 individuals within 24 hours. Template last revised August 15, 2016 12 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 I. Rulemaking. The Executive is authorized to promulgate such rules and 2 protocols as are reasonably necessary for implementation. Rulemaking should be guided by the 3 principles recommended by the Task Force on Unsanctioned Encampment Cleanup Protocols, 4 adopted by section one of the ordinance; the provisions of section two of this ordinance; and the 5 specific guidance set out below: Unsuitable Location Options – Within 30 days of the effective date of this 6 7 ordinance, the City shall set up additional sanctioned, or managed encampments or spaces where 8 people can safely camp. Such identified spaces and sites shall be numerous and large enough to 9 accommodate the reasonably estimated unsheltered population in need of such outdoor living 10 11 space. Section 3. Encampment Removal Prioritization and Work Program. The Council 12 requests that the Mayor prioritize removals from unsafe and unsuitable locations and from 13 locations with hazardous conditions, subject to the provisions in section two of this ordinance, 14 and deprioritize removals from locations that are not unsafe and unsuitable. Additionally the 15 Council agrees to undertake the work program shown on Attachment B to this ordinance. The 16 Mayor shall report to the Human Services and Public Health Committee on progress towards 17 implementing the requirements in section two of this ordinance and the work program by 18 January 16, 2017. 19 Section 4. Sunset Clause. In keeping with the recognition that public camping as a 20 substitute for permanent housing is detrimental to the health and safety of all, and that these 21 measures are an interim response to a situation the City is expected to resolve through other 22 policy measures, the provisions in section 2 of this ordinance shall expire 24 months after its 23 effective date unless expressly extended by the City Council. Template last revised August 15, 2016 13 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 Template last revised August 15, 2016 14 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 Section 5. This ordinance shall take effect and be in force 30 days after its approval by 2 the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it 3 shall take effect as provided by Seattle Municipal Code Section 1.04.020. 4 Passed by the City Council the ________ day of _________________________, 2016, 5 and signed by me in open session in authentication of its passage this _____ day of 6 _________________________, 2016. 7 ____________________________________ 8 President ____________ of the City Council 9 Approved by me this ________ day of _________________________, 2016. 10 ____________________________________ 11 Edward B. Murray, Mayor 12 Filed by me this ________ day of _________________________, 2016. 13 ____________________________________ 14 Monica Martinez Simmons, City Clerk 15 16 17 18 19 20 21 22 (Seal) Attachments: Attachment A - Principles from the Task force on Unsanctioned Encampment Cleanup Protocols Attachment B - Work Program Template last revised August 15, 2016 15 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 2 3 Attachment A – Principles from the Task force on Unsanctioned Encampment Cleanup 4 5 6 7 8 9 Protocols 1. When it is necessary to require people to move, there must be adequate and personalized outreach. 2. When it is necessary to disband an encampment, all occupants will be offered a safe and appropriate shelter option. 3. Low-barrier (person-centered), housing-focused shelter must be expanded, as well as 10 permanent housing options (buildings and rent assistance), to meet the threshold of 11 offering “safe and appropriate” housing or shelter for all. 12 4. Homelessness is a crisis in Seattle that demands urgent action by the public, private, and 13 non-profit sectors. The City’s approach to unsheltered homeless people should do no 14 further harm. 15 5. Action must be taken to enhance and reform the effectiveness of our current human 16 services system to achieve better outcomes and a significant reduction in the number of 17 people sleeping outside. The City needs a transition plan for this systemic transformation 18 with timelines and measurements. 19 6. The City of Seattle’s current approach to managing and removing encampments has 20 negatively impacted homeless individuals and neighborhoods and new protocols and 21 approaches are needed to make sure that our actions match our community values. 22 7. Any future approach to managing encampments needs to establish a mechanism to 23 measure and substantially respond to community impacts from encampments. Template last revised August 15, 2016 16 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 1 8. Increased funding and resources for housing, mental health, and drug treatment are 2 needed from the State and Federal levels to expand treatment housing and capacity. 3 9. When required due to unsafe and unsuitable locations, the moving of people should be 4 respectful of individuals and their belongings, but also administratively and logistically 5 feasible to complete in a reasonable period of time. 6 10. The City should enter into memorandums of understanding with all applicable public 7 agencies, including the State, to establish common protocols and procedures when it is 8 necessary to disband an encampment. 9 10 11 12 13 14 15 16 11. The City should prohibit encampments and intervene expeditiously in unsafe location. 12. The City should intervene expeditiously to correct conditions or disband an encampment in the case of hazardous conditions. 13. In the case of unsuitable locations with an intended public use as defined in legislation and rulemaking, encampments are prohibited and intervention should be expeditious. 14. People in low impact encampments should receive the services required to remain safe and low impact. 15. The City commits, through policies and procedures, to both reduce friction between 17 encampments and neighborhoods and to implement successful interventions to preserve 18 health and safety for all. 19 16. Outreach to people living in encampments should be well-resourced, well-documented, 20 incorporate robust and consistent engagement, inter-agency communication, and data 21 sharing. 22 23 17. Outreach to people living outdoors should involve formerly/currently homeless people as part of the action and connect people to ongoing services and housing. 24 Template last revised August 15, 2016 17 Ketil Freeman Draft Bagshaw Substitute to CB 118794 v.4 October 12, 2016 Attachment B – Work Program 1 City Action Timeframe Additional Shelter – Regulatory Barriers The Council will consider legislation to authorize additional interim use sanctioned encampments. By March 31, 2017 Budget Actions The Council will consider limitations on spending in the 2017 budget to ensure that proportional investments are made between diversion / rapid re-housing and temporary shelter. The Council will consider imposing provisos prohibiting spending for the remainder of 2016 and for 2017 on encampment sweeps, with exceptions for public safety and health reasons, until the Executive provides a plan for (a) reviewing and modifying Multi-department Administrative Rule 08-01 and (b) establishing additional low-barrier shelter. The Council will consider sufficient appropriations for the City to participate fully in implementing the recommendations of the Heroin and Prescription Opiate Addiction Task Force. The Council will consider additional appropriations of limitations on spending to ensure that sufficient resources are available to respond to complaints about garbage at outdoor living areas and to provide garbage services to outdoor living areas, when requested. 2 3 4 Template last revised August 15, 2016 18 Mid-November 2016