Sample Ordinance No. C- _____ PanhandlingORDINANCE NO. C -
AN ORDINANCE OF THE CITY OF SPOKANE, WASHINGTON,
ESTABLISHING A MORATORIUM ON ACCEPTANCE OF APPLICATIONS
FOR LICENSES, PERMITS AND APPROVALS RELATING TO TRANSITORY
PERMITS AND APPROVALS RELATING TO TRANSITORY
ACCOMMODATIONS, AND ESTABLISHING A WORK PLAN FOR
REVIEWING AND DEVELOPMENT OF ORDINANCES AND
REGULATIONS RELATING TO LAND USES FOR TRANSITORY
ACCOMMODATIONS; AND DECLARAING AN EMERGENCY
WHEREAS, in conformity with the responsibilities of the City of
Spokane to provide for zoning and land use regulations pursuant to state
law, and City's authority to regulate land use activity within its corporate
limits, the City intends to develop appropriate zoning and land use
regulations for transitory accommodations, which for the purposes of
this ordinance, the term "transitory accommodations" shall mean the use
of property other than a publicly owned park for housing persons on a
temporary basis, whether the encampment uses tents or other transitory
structures; and
WHEREAS, several communities in Washington have recently been
approached by certain entities to allow temporary homeless tent
encampments on publicly owned and on property owned by private
agencies or entities; and
WHEREAS, some of the temporary tent encampments did not
comply or did not fully comply with the permitting requirements of the
jurisdictions in which the temporary tent encampments were located;
and
WHEREAS, in the fall of 2007, a temporary homeless tent
encampment was established in east Spokane in close proximity to a
public elementary school; and
WHEREAS, shortly after it was established, convicted sex offenders
showed up at the encampment; and
WHEREAS, the Spokane Police Department received almost daily
complaints about the encampment from concerned neighbors and
parents; and
WHEREAS, between October 25 and November 4, 2007, the
Spokane Police Department documented seven service calls to the
encampment, including calls for domestic dispute, weapons, trespass,
noise, and disorderly conduct; and
WHEREAS, according to news accounts, one former resident of the
encampment told reporters that she was threatened by other campers
wielding baseball bats and that she witnessed alcohol and drug use in
the camp; and
WHEREAS, while the encampment was in operation, local
residents were afraid to allow their children to walk alone to or from
school; and
WHEREAS, when the encampment was vacated, residents left
behind mounds of junk; and
WHEREAS, the Spokane Municipal Code does not currently have a
specific provision addressing the use of property as a temporary
encampment or for transitory accommodations; and
WHEREAS, the temporary tent encampment in the City of Spokane
and those in other communities in Washington have necessitated
increased police presence in the area of the temporary tent encampments
to protect the public health, safety and welfare, at significant public
costs; and
WHEREAS, to avoid or minimize the negative impacts of any future
use of property for such temporary tent encampments in the City of
Spokane, it will be necessary for there to be regulations in place to (1)
properly review and assess the impacts a particular proposed transitory
accommodation may have on the City and the immediate neighborhood
and (2) determine the reasonable and appropriate measures to be taken
to mitigate those identified negative impacts; and
WHEREAS, Washington State law, including Sections 35A.63.220
and 36.70A.390 of the Revised Code of Washington, (RCW) authorizes
Washington cities to adopt moratoria and provides for a process for a
public hearing which must be held within sixty days of the dates of the
adoption of the moratorium; and
WHEREAS, the City Council concludes that the City does have that
authority to establish a moratorium and that the City must adopt a
moratorium concerning the establishment, operation, and processing of
applications for transitory accommodations to acts as a stop -gap
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measure: (a) to provide the City with an opportunity to study the issues
concerning the sitting of such transitory accommodations and prepare
appropriate revisions to the City's codes and regulations; (b) to protect
the health, safety, and welfare of the citizens of Spokane by avoiding and
ameliorating negative impacts of transitory accommodations and (c) to
avoid applicants possibly establishing vested rights contrary to and
inconsistent, with any revisions the City may make for its regulatory
schemes as a result of the City's study of this matter; and
WHEREAS, the City Council finds that the moratoria imposed by
this Ordinance is necessary for the immediate preservation of the public
peace, health or safety and for the immediate support of city government
and its existing public institutions; Now, Therefore
The City of Spokane does ordain:
Section 1 - Moratorium established. A moratorium is imposed on
the filing with the City or the Courts of any applications for licenses,
permits and /or approvals for transitory accommodations as defined in
the recitals herein above.
Section 2 - Term of Moratorium. The moratorium imposed by this
ordinance shall become effective on the date hereof and shall continue in
effect for an initial period of six months, unless repealed, extended or
modified by the City Council after subsequent public hearing(s) and entry
of appropriate findings of fact, pursuant to RCW 36.70A.390, provided
that the moratorium shall automatically expire upon the effective date of
zoning and land use regulations adopted by the City Council to address
regulation of transitory accommodations in the City of Spokane.
Section 3 - Preliminary Findings. That the preambles to this
Ordinance and the following preliminary findings of fact are hereby
adopted as the City Council's findings of fact in support of the moratoria
adopted hereunder:
A. That transitory accommodation land uses have the potential
for significant impacts of neighborhoods and on the
community.
B. That because of the potential impacts of these uses, special
care and attention needs to be employed in developing
appropriate legislation that satisfactorily addresses the
concerns of the City and does in a way which is in
conformity with legal requirements.
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C. It is appropriate to collect and compile documentation,
information, testimony and statements of concerned citizens
of the City and other persons interested in or familiar with
the issues of transitory accommodations and their impacts
to fully explore ways to protect the City and its citizens from
the adverse impacts of transitory accommodations.
D. Notice of, and hearing on this Ordinance in the normal
course, would undermine effective City planning and
allowing land use applications submitted between the time of
notice was published, and the time the Ordinance was
adopted, to vest in current City regulations are presently
inadequate to protect the public health, safety and general
welfare.
Section 4 - Work Plan. That the following work plan is adopted to
address the issues involving transitory accommodation land use
regulations.
A. That the City of Spokane Plan Commission shall be
authorized and directed to hold public hearings and public
meetings to fully receive and consider statements, testimony,
positions and other documentation or evidence related to the issue
of transitory accommodation land uses.
B. That the Plan Commission and City staff are authorized and
directed to review the experiences of other jurisdictions, and status
of legal cases, and statistical data, information, studies and other
evidence compiled by other municipalities of adverse impacts of
transitory accommodations and to review the regulations,
ordinances, and codes adopted and implemented by other
municipalities to address transitory accommodation land uses,
and any other information that is pertinent to transitory
accommodations.
C. That the City of Spokane Plan Commission shall work with
City staff and the citizenry of the City to develop proposals for
regulation of transitory accommodation land uses and zoning
considerations, to be forwarded in their recommendations to the
City Council for inclusion in ordinances and ultimate adoption as a
part of the City Code of the City of Spokane.
D. That the Planning Services Director, in consultation with the
Mayor, City Attorney, the Police Chief and other staff, shall
periodically advise the City Council as to the status of hearings,
meetings and information, development regarding activities of the
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Plan Commission and City staff relative to transitory
accommodation land uses, with such reports to be scheduled
approximately every three (3) months or as appropriate throughout
the period of the moratorium and any extensions thereof, until
adoption of a comprehensive ordinance as developed, relating to
transitory accommodation land uses becoming effective in
conjunction with the termination of the moratorium referred to in
this Ordinance.
Section 5 - Public Hearin. A public hearing shall be scheduled
for 6:00 p.m. or as soon thereafter as the matter may be heard, on the
28th day of April, 2008 at the City Council Chambers, at West 808
Spokane Falls Blvd. Spokane, WA, 99201 to hear and consider the
comments and testimony of those wishing to speak at such public
hearing regarding the moratorium.
Section 6 - Severability. If any sections, sentence, clause or
phrase of this ordinance shall be held to be invalid or unconstitutional
by a court of competent jurisdiction, or its application held inapplicable
to any person, property or circumstance, such validity or
unconstitutionality of any other section, sentence, clause or phrase of
this ordinance or its application to an other person, property or
circumstance.
Section 7 - Emergency Ordinance. This Ordinance, passed by a
majority plus one of the whole membership of the City Council as a
public emergency ordinance necessary for the protection of the public
peace, health and safety and for the immediate support of city
government and its existing institutions, shall be effective immediately
upon its passage.
Passed by the City Council this
Attest:
City Clerk
Mary Verner, Mayor
5
day of , 2008.
Council President
Approved as to form:
Assistant City Attorney
Date