G50-97 •
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 :
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1)olonna Mecum, City Clerk