The purpose of this article is to set forth procedures and standards for the issuance of local licenses for emergency shelters in order to protect the public health, safety, and welfare.
[Added 6-3-2024 by Ord. No. 2024-68]
A. GUEST HOMELESS CHILDREN OR YOUTH HOMELESS FAMILY
As used in this article, the following terms shall have the meanings indicated:
A person who is staying at an emergency shelter.
An unhoused person 21 years of age or younger who is: 1) unaccompanied by a parent, guardian, or caregiver; or 2) part of a homeless family.
One or two caregiver persons and includes at least one or more children or youth, all of whom are unhoused.
A.
No person may operate an emergency shelter without first obtaining a license to do so from the City.
(1)
The licensing authority for emergency shelter-transitional housing (ES-TH) and emergency shelter-accessory (ES-A) is the City Council.
(2)
The licensing authority for emergency shelter-family (ES-F) is the City Clerk in consultation with City staff (police fire, engineering, codes, general assistance and planning).
(a)
The City Clerk may for any reason refer a license application to the City Council to determine if the application meets the standards of this chapter.
(3)
Exemption: A license is not required when the City has declared an emergency, and the City establishes an emergency shelter under its emergency authority.
B.
An emergency shelter license shall only be granted upon a showing by the applicant of compliance with all requirements of this chapter and all other relevant provisions of the code, including but not limited to Land Use §§ 335-1.8 Definitions, and 335-2.10.1, Emergency shelters.
C.
Licenses shall be granted only for the type of emergency shelter identified in the application.
A.
The City Clerk shall reject any new application if the number of beds sought to be licensed in the application will cause the total capacity for beds within all licensed emergency shelters in the City to exceed 80 beds, excluding ES-F facilities.
B.
A licensee who requests a change to their current license must obtain a new license. A change may include but is not limited to: increasing the area utilized by the emergency shelter on the licensed premise, adding uses to the license or within the licensed premise, or conversion of the licensed premise to another type of emergency shelter.
C.
No licensee shall operate both an emergency shelter and a lodging for fee establishment in the same space.
D.
The license must be posted in a conspicuous place on the licensed premise.
E.
The licensee shall post fire, disaster, and other emergency procedures in a conspicuous place and review the procedures with each occupant.
F.
Camping on the lot of the licensed premise is prohibited.
G.
The property for which the license is sought shall comply with International Property Maintenance Code, in accordance with Chapter 184.
H.
If there is conflict between this article and any other provision of the Code of Ordinances, the most restrictive shall apply.
B.
Other approvals. A copy of all land use approvals related to the proposed emergency shelter, as applicable.
C.
Required summary letter:
(1)
The applicant shall provide a description of how the proposed emergency shelter will serve the homeless population. The applicant shall include:
(a)
A description of the population to be served;
(b)
The proposed number of beds with a breakdown of children and adults to be served;
(c)
Hours of operation, including the designated intake period when potential guests may apply to be housed in the emergency shelter, and enter/exit times as applicable.
(2)
The applicant shall provide contact information for licensee or operator. If the licensee or operator is a corporation or limited liability company, the application shall include the name of all officers or members, in addition to the contact address of the licensee if different from licensed premise address, along with contact phone numbers and email addresses.
D.
Applicant's experience. The applicant shall include a statement of the applicant's experience in operating an emergency shelter, including examples of similar facilities managed by the applicant.
(1)
The applicant shall demonstrate at least two years of documented experience in operating an emergency shelter or partnering with an organization with such level of experience.
(2)
The applicant is responsible for any education or training for on-site staff to be able to:
(3)
The applicant shall identify existing or anticipated sources of funding to establish and maintain operations.
(4)
The applicant shall provide evidence of experience with or the ability to collaborate with a partner with access to Homeless Management Information System (as further defined in the "McKinney Vento Act as amended by the HEARTH Act of 2009") or comparable resources.
E.
Supplemental materials provided with application.
(1)
For emergency shelter types ES-A and ES-TH:
(a)
The application shall include adequate site information (e.g., site plans, building details, floor plan, parking plan and accessways, vicinity map) with the following elements included:
[1]
An outdoor area for guest use shall be provided on-site and may require additional screening from abutting properties/uses to protect the privacy of guests and abutters.
[2]
Adequate waiting areas must be provided within the licensed premise for guests and prospective guests (10 square feet per bed, with a minimum of 100 square feet), to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.
[3]
Suitable storage facilities for guests on-site.
[a]
Any outdoor storage, including, but not limited to, items brought on site by guests for overnight stays, shall be screened from public view by a minimum six-foot-tall decorative wall or fence.
[b]
Shopping carts shall not be stored on the licensed premise in areas visible from the street or abutters.
[4]
State and local smoking laws must be adhered to and a designated smoking area with a trash receptacle must be provided for and utilized by the guests, if such areas are to be allowed by the applicant.
[5]
Exterior lighting shall be provided for outdoor and parking areas of the property.
[6]
Compliance with all applicable requirements of the American with Disabilities Act and the Maine Human Rights Act, including accessible parking and drop-off area.
(b)
The applicant shall provide a shelter management plan which adequately outlines the following areas:
[1]
Proposed staffing:
[a]
For ES-A, a minimum of one staff member per 15 beds shall be awake and on duty when the licensed premise is operating.
[b]
For ES-TH with locable rooms, no overnight staffing is necessary.
[c]
Staff shall be trained in operating procedures, safety plans, and assisting guests and provided protocols on how to respond to operational issues.
[d]
A licensed emergency shelter shall not employ staff who are required to register as a sex offender.
[e]
Background checks of all staff and volunteers shall be conducted by a licensee prior to being allowed into the licensed premise.
[2]
Provide intake procedures - registration of guests.
[a]
The emergency shelter shall maintain a daily and confidential census of guests.
[4]
Describe security, safety and protective measures which include but are not limited to the following topics:
[a]
On-site surveillance.
[b]
Security patrol.
[c]
Controls for guest behavior and noise levels.
[d]
Managing loitering around the licensed premise and the lot it is located on.
[e]
Coordination and communication between licensee, public safety, and private security.
[f]
Emergency and response protocols, including but not limited to: medical emergencies, including overdoses; intruder response; criminal trespass guidance; recovery of weapons; recovery of illicit drugs; and incidents involving violence, serious injuries, or death.
[5]
Policies related to pets in the facility and any regulations related to their care.
[6]
Process for effectively resolving neighborhood concerns.
(2)
For emergency shelter type ES-F:
(a)
The application shall include adequate site information (e.g., site plans, building details, floor plan, parking plan and accessways, vicinity map) with the following elements included:
[1]
The emergency shelter shall provide suitable storage facilities for guests on-site.
[a]
Any outdoor storage, including, but not limited to, items brought on site by guests for overnight stays, shall be screened from public view by a minimum six-foot-tall decorative wall or fence.
[b]
Shopping carts shall not be stored on the licensed premise in areas visible from the street or abutters.
(b)
Provide a shelter management plan which adequately outlines the following areas:
[1]
Proposed staffing:
[a]
Staff shall be trained in operating procedures, safety plans, and assisting guests and shall be provided protocols on how to respond to operational issues.
[b]
The licensee shall not employ staff who are required to register as a sex offender.
[c]
Background checks of all individuals, employees or volunteers, shall be conducted by the licensee prior to being allowed to work on the licensed premise.
[2]
Provide access restrictions/removal policies.
[3]
Provide security, safety, and protective measures, including but not limited to the following:
[a]
On-site surveillance.
[b]
Security patrol.
[c]
Controls for guest behavior and noise levels.
[d]
Managing loitering around the licensed premise and the lot it is located on.
[e]
Coordination and communication between licensee, public safety, and private security.
[f]
Emergency and response protocols, including but not limited to: medical emergencies, including overdoses; intruder response; criminal trespass guidance; recovery of weapons; recovery of illicit drugs; and incidents involving violence, serious injuries, or death.
[4]
Policies related to pets in the emergency shelter and components related to their care.
[5]
Process for effectively resolving neighborhood concerns.
F.
Review process.
(1)
The City Clerk shall be responsible for the initial investigation of the application to ensure compliance with the requirements of this chapter. The City Clerk may consult with other City departments and any appropriate state licensing authority as part of the investigation.
(2)
The City Clerk shall provide a copy of the license application to the Police Department. Fire Department, General Assistance, and Planning and Code Enforcement Department. The departments shall note their findings and conclusions on the application, as well as any recommended conditions of approval. No license shall be granted by the City until such departments have conducted their review of the application.
(a)
The licensing authority and any consulting City officials shall consider the approval standards under this chapter, as well as the land use ordinance and other applicable local, state, or federal laws and, for license renewals, the licensee's record of compliance with the same.
G.
Quarterly inspections.
(1)
The City shall conduct quarterly inspections of all licensed emergency shelters. Such inspections shall include but are not limited to Life Safety, Health, and Property Maintenance Codes.
H.
License expiration and renewal.
(1)
Each license issued shall expire one year from date of issuance.
(2)
Renewal applications must be submitted prior to the date of expiration of the annual license. An application for the renewal of an expired license shall be treated as a new license application.
(a)
For license renewals, only a renewal application form will need to be filled out on an annual basis, unless there is an amendment from the original documents filed with the City.
(b)
The licensee shall provide statistical information on total number of guests served by the emergency shelter in the previous year. The City reserves the right to ask for periodic updates on guests served per night.
I.
Standards for denial, suspension, or revocation. In addition to § 205-9, the following are standards for denial, suspension, or revocation. The licensee shall be entitled to notice and a hearing prior to any suspension or revocation.
(2)
The City may suspend or revoke a license for any of the following reasons: