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HomeMy WebLinkAboutG50-97 • Ordinance No. G50-97 AN ORDINANCE AMENDING TITLE 6 , ENTITLED "BUSINESS LICENSES AND REGULATIONS" BY CREATING CHAPTER 6 . 67 , ENTITLED "TEMPORARY OVERNIGHT SHELTERS" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED WHEREAS, the City of Elgin has determined it is necessary to regulate the operation of temporary overnight shelters to protect the health, safety, welfare, convenience, and comfort to the public and the shelters occupants; and WHEREAS, the City of Elgin is regulating the operation of temporary overnight shelters to insure that structures used for such purposes are safe, sanitary and fit for occupancy; and WHEREAS, the City of Elgin has determined it is necessary to regulate the operation of temporary overnight shelters by providing minimum regulations governing the conditions and maintenance of all property, buildings and structures used for providing temporary overnight shelters ; and WHEREAS, the City of Elgin' s regulations governing the operation of temporary overnight shelters establish standards for supplied utilities and facilities, fire safety and other r physical things and conditions essential to a safe and healthy environment . NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF .ELGIN, ILLINOIS : Section 1 . That Title 6 of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by creating Chapter 6 . 67 , entitled, "Temporary Overnight Shelters" , to read as follows : "Chapter 6 . 67 TEMPORARY OVERNIGHT SHELTERS 6 . 67 . 010 DEFINITIONS . Whenever used in this chapter, "temporary overnight shelter" shall mean a building, or portion thereof , in which sleeping accommodations are provided for no more than twelve ( 12 ) hours per day, for three or more persons who are not related to the owner, operator, manager or other occupants thereof by blood or marriage. "Temporary overnight shelter" shall not include any hotel or motel, hospital, nursing or personal care facility, single-family dwelling, two-family dwelling or multiple-family dwelling as those terms are described in this code. "Person" shall mean a person, operator, firm, partnership, corporation or other legal entity 6 . 67 . 020 NOT-FOR-PROFIT. No person shall own, operate or manage a temporary overnight shelter except on a not--for--profit basis or without charge to the temporary overnight shelter' s occupants . 6 . 67 . 030 DAYS AND HOURS OF OPERATION. A temporary overnight shelter may operate on and between the days of October 1st and April 30th and between the hours of 6 : 00 p.m and 8 : 00 a .m. In the event of severely sub-freezing cold weather or any other such emergency creating an imminent danger to persons continually exposed to the natural elements, the city manager may temporarily extend the operating days or hours of temporary overnight shelters provided that any such extension does not extend the permitted days of operation by more than seven days or the hours of operation for more than seventy-two ( 72 ) consecutive hours . 6 . 67 . 040 LIMITED STAY. No person shall remain in any temporary overnight shelter for a period in excess of twelve ( 12 ) consecutive hours . If the hours of operation are temporarily extended by the city manager pursuant to Section 6 . 67 . 030 of this chapter, no person shall remain in any temporary overnight shelter for a period exceeding the duration established by the city manager. 6 . 67 . 050 OPERATORS DUTY TO LIMIT STAY. No owner, operator or manager of a temporary overnight shelter shall allow any person to remain in the temporary overnight shelter for a period in excess of twelve ( 12 ) consecutive hours . If the hours of operation are temporarily extended by the city manager pursuant to Section 6 . 67 . 030 of this chapter, no owner, operator or manager shall allow any person to remain in the temporary overnight shelter for a period exceeding the duration established by the city manager. 6 . 67 . 060 MEDICAL CARE . It shall be unlawful for any person to provide, eft as part of the regular accommodations or services of any temporary overnight shelter, any medical care or treatment, nursing care or other health-related care. #"'' Nothing contained within this section shall prohibit any person from obtaining emergency medical care or treatment for any occupant of a temporary overnight shelter in the event of an emergency. 6 . 67 . 070 STAFF. Each temporary overnight shelter shall be staffed as follows : A. In a temporary overnight shelter with a capacity not in excess of 100 persons (excluding staff ) , at least one staff member on duty for each twenty ( 20 ) occupants . B. In a temporary overnight shelter with a capacity in excess of 100 persons (excluding staff ) , at least six ( 6 ) staff members on duty during operating hours . C . At least one staff member on duty must be awake at any time during operating hours . 6 . 67 . 080 MAXIMUM NUMBER OF OCCUPANTS . The maximum number of occupants, including ek staff , permitted to remain on each floor of a temporary overnight shelter shall be computed by dividing the square footage of each floor area by fifty ( 50 ) ; resulting fractions shall be disregarded. 6 . 67 . 090 MEANS OF EGRESS . Temporary overnight shelters shall provide means of egress in accordance with Chapter 16 . 04 , Article 8 of this code . 6 . 67 . 100 EVACUATION DIAGRAM TO BE POSTED. A diagram illustrating evacuation of the floor and of the temporary overnight shelter in the event of an emergency shall be posted on each floor of the temporary overnight shelter. The diagram shall measure no less than twenty ( 20) inches square, and shall be posted in a place and manner where it will be readily visible to occupants . 6 . 67 . 110 SMOKING MATERIALS PROHIBITED. No person shall use smoking materials in any temporary overnight shelter. 6 . 67 . 120 SMOKE DETECTORS . A. Smoke detectors complying with the standards established by the National Fire Protection Association (NFiPA) under standard reference numbers 70 , 71 , 72A, 72C, 72D, 72E, 72F and 74 (NFiPA 70 , NFiPA 71 , NFiPA 72A, NFiPA 72C, NFiPA, NFiPA 72D, NFiPA 72E, NFiPA 72F) shall be installed and maintained in the manner designated in the NFiPA in each temporary overnight shelter as follows : 1 . Within each sleeping area; 2 . In each corridor, with the distance between smoke detectors not to exceed forty (40 ) feet; 3 . At the uppermost ceiling of each stairwell and open shaft; and 4 . In each room or area used for storage . B. Where more than one smoke detector is required to be installed, the smoke detectors shall be wired in a such a manner that the actuation of one alarm will actuate all of the alarms in the temporary e. overnight shelter. C . When the installation of the smoke detectors is complete, each smoke detector, and all interconnecting wiring for multiple-station smoke detectors, shall be subject to a 100-percent acceptance test in accordance with NFiPA 74 . 6 . 67 . 130 FIRE EXTINGUISHERS. Fire extinguishers shall be installed and maintained in each temporary overnight shelter in accordance with the standards established by the National Fire Protection Association (NFiPA) under standard reference number 10 (NFiPA 10) . 6 . 67 . 140 SANITARY REQUIREMENTS . Each temporary overnight shelter shall provide a minimum of one water closet. 6 . 67 . 150 FOOD PREPARATION PROHIBITED. No person shall engage in the preparation of food within a temporary overnight shelter. 6 . 67 . 160 OCCUPANCY CERTIFICATE REQUIRED. No person shall own, operate or manage a temporary overnight shelter without first obtaining an occupancy certificate from the city. Occupancy certificates shall be applied for and issued annually for the operation of temporary overnight shelters between the days of October 1st and April 30th and between the hours of 6 : 00 p.m and 8 : 00 a.m. The occupancy certificate shall be issued by the Director of the Department of Code Administration and Neighborhood Affairs, or his or her designee, after the city' s inspection of the premises confirms that the temporary overnight shelter complies with the applicable provisions of this chapter. 6 . 67 . 170 PENALTY FOR VIOLATIONS . Any person who violates any provision of this chapter shall be fined not less than $50 . 00 and not more than $500 . 00 for each such violation. Each day that a violation continues to exist shall constitute a separate and distinct offense. " Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That nothing in this ordinance shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance . Section 4 . That this ordinance shall be in full force and effect immediately after its passage in he manner provided by law. Kevin Kelly, Mayor Presented: October 22 , 1997 Passed : October 22 , 1997 Omnibus Vote: Yeas 7 Nays 0 Recorded: October 23, 1997 Published : Attest : ei*** id1L-6)14 /i1)2'64 /"--- 1)olonna Mecum, City Clerk