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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 2 D 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. 3 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 4 s a 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