ORDINANCE NO. __________, SERIES 2021
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AN ORDINANCE AMENDING SECTIONS 131.02 AND 131.03 OF THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) RELATING TO THE RELOCATION OF PERSONS WHO ARE HOMELESS FROM CAMPS. (AMENDMENT BY SUBSTITUTION)
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SPONSORED BY: COUNCIL MEMBERS GEORGE AND ARTHUR
WHEREAS, Louisville Metro Council wishes to prioritize service provision and drive decision-making around escalated action based upon risk to those individuals residing in camps and the camp's relationship to its neighbors.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (“THE COUNCIL”) AS FOLLOWS:
SECTION I: LMCO § 131.02 is hereby amended as follows:
(A) Except as provided in subsection (B) of this section, no department or employee of Louisville Metro Government may displace relocate a homeless person who is homeless from a camp as defined in § 131.01 until Louisville Metro, through the Department of Public Works and Assets Office of Resilience and Community Services in collaboration with the Department of Public Health and Wellness, the Coalition for the Homeless or a like organization, Louisville Metro Police Department, and the Department of Public Works, or any successor agencies, has assessed the individual(s) in the camp and the camp’s relationship to its neighbors using a consistent methodology to determine the risk to public health or safety and the intensity of service provision that will be offered and given appropriate notice, but no less than at least 21 days' notice, to the homeless persons living in the camp and to the Coalition for the Homeless or a like organization; provided, however, that if Louisville Metro, through the Department of Public Health and Wellness, makes a written determination that an emergency exists, it may give whatever notice is reasonable under the circumstances. A preliminary risk assessment shall be conducted within 10 business days of the Office of Resilience and Community Services or a successor agency receiving initial notification of an encampment. The displacement relocation must take place by Louisville Metro within 21 days from the date of the Notice expiring, otherwise a new 21-day Notice must be given for the displacement relocation. Notice to the homeless persons who are homeless shall consist of signs posted in a conspicuous place at the camp giving the earliest date on which personal property may be removed. The signage shall include a visual symbol or symbols as well as text. Notice to the Coalition for the Homeless or a like organization should be given through a phone call or email requesting verification that it has been received.
(B) Louisville Metro shall provide whatever notice of relocation is reasonable under the circumstances to both the person(s) who are homeless and to the Coalition for the Homeless or a like organization, with organizational notice given through a phone call or email requesting verification that it has been received, when Louisville Metro makes a written determination, after conducting the risk assessment called for in subsection (A) of this section, that an emergency exists.
(C) If a risk assessment has been conducted for a camp in accordance with subsection (A) of this section, and the determination has been made to relocate the persons in the camp who are homeless, the Office of Resilience and Community Services or a successor agency shall make demonstrated efforts to communicate the findings from the risk assessment, and the specific number of days required for action, to the Office’s community contacts in the affected neighborhood. These community contacts shall include, but shall not be limited to, the Metro Council member for the district(s) in which a camp is located, neighborhood associations, and active community groups directly impacted by the posting of notice of relocation.
(D) Upon receiving the notice described in subsection (A), the Coalition for the Homeless or a like organization may notify participating service providers, faith-based organizations, street ministries and volunteers to offer the homeless persons to be displaced relocated available assistance, including any available assistance with transitional or permanent housing, and other services. The Coalition for the Homeless or a like organization shall be provided at least three days' notice of the actual date and time when a homeless person who is homeless is to be displaced relocated so that participating service providers, faith-based organizations, street ministries and volunteers are on site at the time of the displacement relocation to offer assistance.
(CE) This section shall not apply to locations where permanent, conspicuous notices are posted that camps are not allowed, and that personal items are subject to be removed immediately and where removal of such items occurs on a regular basis.
(DF) Any Louisville Metro employee found to be in violation of this subsection may be disciplined, up to and including termination.
(G) The Office of Resilience and Community Services or a successor agency shall submit an annual written summary of anonymized risk assessment data to the Metro Council. In order to conduct a special committee discussion on the topic, Metro Council shall assign the summary to a committee for review.
SECTION II: LMCO § 131.03 is hereby amended as follows:
(A) If a homeless person who is homeless is displaced relocated from a camp with fewer than 21 days' notice under the emergency provision in § 131.02(AB), Louisville Metro must maintain any of the homeless person's personal items found at the camp, including but not limited to, identification documents, birth certificates, and other personal documents and effects, in a safe and secure place for a minimum of 30 days. Animals found with personal items will be transported to Louisville Metro Animal Services ("MAS") for impoundment in compliance with LMCO Chapter 91 and state law. The MAS Director will promulgate regulations regarding treatment and release of animals impounded under this section, which shall include a waiver of fees and penalties allowable under the law. The MAS Director is encouraged to consult with a local organization which assists homeless persons and their companion animals in promulgating said regulations.
(B) Notice shall be posted at the site of the camp, providing a telephone number to call to arrange an appointment to pick up personal property. The notice shall be posted in a conspicuous place in the general vicinity, but not more than 30 feet from the location where the property was removed, and shall be laminated or otherwise made to be weather resistant. After 30 days, Louisville Metro may dispose of any unclaimed personal items and remove the notice regarding personal property.
(C) Any Louisville Metro employee found to be in violation of this subsection may be disciplined, up to and including termination.
SECTION III: This Ordinance shall take effect upon its passage and approval.
_______________________________ _____________________________
Sonya Harward David James
Metro Council Clerk President of the Council
_______________________________ _____________________________
Greg Fischer Approval Date
Mayor
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
BY: ____________________________
O-431-21 CABS new on 9-1 al.docx