A. 
The emergency shelter plan for homeless persons implements measures to coordinate public and private resources when a lack of available shelter options poses a danger to the life and health of unsheltered people within the municipality. The plan objective is to safeguard the lives of vulnerable homeless individuals by providing shelter or sites for sleeping in vehicles during such emergency conditions.
B. 
The department shall take reasonable and necessary actions to implement the requirements of this chapter.
(AO No. 2010-46, § 1, 6-8-2010; AO No. 2019-98(S), § 1, 8-20-2019; AO No. 2024-40(S), § 1, 5-1-2024)
A. 
The emergency shelter plan shall be activated in the following circumstances: (1) automatically, with no further action required by the department, when the outside temperature drops to 45 degrees Fahrenheit or below on the day when sheltering begins, by ambient or wind-chill measures; (2) at the discretion of the Mayor during declaration of a civil emergency; or (3) when the director determines in writing that a lack of available shelter options otherwise poses a danger to the life and health of unsheltered people within the municipality.
B. 
The emergency sheltering plan shall be deactivated, as applicable: (1) when the outside temperature subsequently rises above 45 degrees Fahrenheit after plan activation; (2) upon expiration of the relevant declaration of civil emergency; or (3) when the director determines in writing that a lack of available shelter options no longer poses a danger to the life and health of unsheltered people within the municipality. The department shall provide no less than seven (7) days' notice of deactivation to operators of emergency shelters. Notwithstanding the timing of deactivation, no person sheltered overnight at an emergency shelter under this chapter shall be asked or required to leave before standard closing time, as specified in the shelter's approved plan and protocols, without good cause.
C. 
Temperature readings, for the purposes in this section, shall be according to the National Weather Service (NWS), Merrill Field Airport station, Anchorage. In the event the Merrill Field Airport station is offline, temperature readings from the NWS Lake Hood, Elmendorf, or Ted Stevens International Airport stations may be utilized.
D. 
Emergency shelter locations activated under this section shall be for no more than 150 clients in a single location without assembly approval. Emergency shelter locations activated by the mayor under a declaration of civil emergency and extended by the assembly may exceed the 150 client capacity, and shall be allowed to remain operational at the activated capacity at the time of the termination of the civil emergency for up to one year following the termination of a declaration of civil emergency.
(AO No. 2010-46, § 1, 6-8-2010; AO No. 2012-14, § 1, 2-14-2012; AO No. 2019-98(S), § 1, 8-20-2019; AO No. 2021-55(S-1), § 4, 6-22-2021)
A. 
When the plan is in effect, and for the duration of the plan, the following provisions shall apply:
1. 
Uses or use of structures, as defined in section 21.05.040C.5 (new code) and 21.35.020 (old code), are permitted, notwithstanding any use prohibition in chapters 21.04 (new code) and 21.40 (old code):
a. 
Religious assemblies and churches designated as emergency shelters under this chapter may provide shelter to homeless families and individuals who are not under the influence of alcohol or controlled substances not prescribed to the individual.
b. 
Social service facilities designated as emergency shelters under this chapter may provide shelter to homeless persons.
c. 
Inebriate reception centers shall not ask or require any person admitted after 8:00 p.m. to leave the center before 8:00 a.m. the following day without good cause, regardless of intoxication or incapacitation level. Persons may leave voluntarily if otherwise released by the center.
d. 
Other facilities designated as emergency shelters under this chapter may provide shelter for homeless persons in accordance with the conditions and requirements established by the department.
2. 
Facilities designated as emergency shelters under this chapter shall not be considered homeless and transient shelters for the purpose of determining required separation distances pursuant to section 21.50.420 (old code) or 21.05.055 (new code).
3. 
In areas designated for safe parking:
a. 
Notwithstanding the limitations and restrictions in sections 21.05.060D.9, 21.05.070D.19, 21.05.070E.4, and 21.05.080, living in a vehicle temporarily is permitted. An approved area is exempt from any permit requirement under Title 21 for such parking area use.
b. 
Junk vehicles, as defined in section 15.20.010, are prohibited and may not be brought into the area. The owner or operator of the safe designated parking area may invoke section 15.20.040E for removal.
c. 
Using the area for camping as defined in section 15.20.010 is prohibited, unless in accordance with the plan and protocols approved by the health department.
d. 
Use of the area for sleeping overnight in vehicles is allowed only in accordance with the plan and protocols approved under this chapter.
e. 
By designation the Municipality assumes no responsibility or liability for activities and conduct on the property, and designation does not provide grounds for claims against the municipality for injury or damages.
(AO No. 2010-46, § 1, 6-8-2010; AO No. 2019-98(S), § 1, 8-20-2019; AO No. 2024-40(S), § 1, 5-1-2024)
A. 
The department shall develop and maintain a database of approved designated emergency shelters.
B. 
The department may designate social service facilities, religious assemblies, churches, and other structures as emergency shelters, and may rescind such designation at any time with or without cause. Designation and rescission are discretionary decisions of the department; nothing in this chapter shall require designation, regardless of an applicant's satisfaction of all requirements set forth herein. To qualify, a social service facility, religious assembly, or other facility shall apply to the department director or a designee and satisfy the following requirements:
1. 
The facilities shall be certified by the Anchorage Fire Department as adequate for an emergency shelter.
2. 
Staff shall be adequately trained as determined by the department.
3. 
The applicant shall submit a written plan and protocols consistent with the emergency shelter plan of the municipality and approved by the department. The plan and protocols shall include provisions indicating cooperation with other emergency shelter providers identified by the department, and point of entry protocols.
a. 
A religious assembly or church applicant's plan and protocols shall include provisions limiting use of its facilities as an emergency shelter to homeless families and individuals who are not under the influence of alcohol or controlled substances not prescribed to the individual.
b. 
Each applicant's plan shall provide for a minimum of seven days' notice to occupants prior to standard voluntary closure or deactivation of the emergency sheltering plan, except in the event of exigent circumstances approved by the director in writing. Visible posting of planned dates of operation is sufficient to meet this requirement.
4. 
The applicant shall enter a written agreement with the municipality relevant to its operations as an emergency shelter.
5. 
Meet other requirements deemed necessary by the department.
C. 
The following facilities, if designated as emergency shelters under this chapter, are permitted to be activated for such use only during a declaration of civil emergency by the mayor under section 16.120.020A.2:
1. 
Municipal owned community centers, as defined in section 21.05.040C.2.
2. 
Municipal owned neighborhood recreation centers, as defined in section 21.05.040C.6.
(AO No. 2010-46, § 1, 6-8-2010; AO No. 2019-98(S), § 1, 8-20-2019; AO No. 2022-85, § 1, 9-27-2022)
A. 
The department shall develop and maintain a database of approved designated safe parking areas.
B. 
The department may designate areas on real property as safe parking areas where sleeping overnight in a motor vehicle, using it as temporary living quarters, is allowed, and may rescind such designation at any time with or without cause. Designation and rescission are discretionary decisions of the department; nothing in this chapter shall require designation, regardless of an applicant's satisfaction of all requirements set forth herein. The department may only designate an area if an application for such is received. Any person that owns, leases, or otherwise can demonstrate lawful authority to manage the area of real property may apply to the department director or a designee. A government agency may apply to designate public areas, including suitable rights-of-way. The following requirements apply to an application for and designation as a safe parking area:
1. 
Demonstration that all public health and safety considerations and environmental considerations have been adequately addressed. The department may administratively adjust standards upon providing findings and conclusions that justify the requirements.
2. 
No designated safe parking area may contain more than 25 vehicles. Recreational vehicles and travel trailers may be allowed if adequately accommodated by the plan. This provision may be waived for good cause shown by the Anchorage Health Department and Planning and Development Services.
3. 
Each applicant's plan and protocols shall provide for at least the following:
a. 
A minimum of three days' notice to occupants prior to standard voluntary closure or deactivation of the emergency sheltering plan, except for eviction or removal of occupants that violate the area's rules. The plan shall include protocols and demonstrate the applicant's capability to remove or eject vehicles or persons.
b. 
Access to potable water, restroom and washing facilities, whether on or off site or provided by the operator or others.
c. 
Screening or separation from the property line of the site adjacent to other active uses.
d. 
Trash disposal by the occupants and removal by the operator.
e. 
A good neighbor policy that outlines the operator's commitment and policies to reduce impacts on surrounding areas by its operations, loitering of its clients, trash and litter, and other activities.
f. 
Prohibiting nonoperable motor vehicles from being towed or otherwise brought on to the premises, and a process and capability for removing abandoned vehicles.
g. 
A requirement that each person using the area for vehicular camping sign an agreement demonstrating the person understands the rules, limitations and their responsibilities, and holds the operator harmless for any damages or injury incurred by the person while using the area as authorized.
h. 
Cooperation with emergency shelter providers identified by the department, and point of entry protocols.
i. 
A requirement that each owner or operator operate the safe parking area in conformance with all applicable state department of environmental conservation or municipal air quality regulations.
C. 
The department shall circulate the application for review and recommendations to the planning department, police department, fire department, and other public agencies as deemed appropriate by the department. The health department shall make the final decision regarding what is required to be in the applicant's plan and protocols, and the agreement with the department, regardless of the recommendations of other reviewing departments and agencies.
1. 
The planning department shall review the application in light of the standards for temporary uses as set forth in section 21.05.080D.
D. 
Upon designation and before allowing to operate the safe parking area under this chapter, the applicant shall enter a written agreement with the municipality relevant to its operations and meet other requirements deemed necessary by the department.
(AO No. 2024-40(S), § 1, 5-1-2024)