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HomeMy WebLinkAbout2000-01-18 Ordinance DEFEATED Prepared by: Eleanor M. Dilkes, City Attomey, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5030 ORDINANCE NO. ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS", CHAPTER 5 ENTITLED "MISCELLANEOUS OFFENSES", OF THE CITY CODE TO ADD A NEW SECTION PROHIBITING THE USE OF MOTOR VEHICLES FOR LODGING ON PUBLIC STREETS, RIGHTS-OF-WAY, PARKING LOTS OR OTHER PUBLIC PROPERTY WITHIN THE CITY OF IOWA CITY. WHEREAS, it has been observed that persons have been living in motor vehicles on the public streets; and WHEREAS, said practice constitutes a hazard to public health, safety, and welfare due to the dangers caused by a lack of appropriate sanitation facilities in vehicles used as dwellings; and WHEREAS, said practice constitutes a hazard to public health, safety, and welfare in that it is contrary to the City's interest in regulation of the use of public property and the maintenance of the nature and designated purpose of that property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. Title 8, entitled "Police Regulations", Chapter 5 entitled" Miscellaneous Offenses" of the City Code is hereby amended by adding a new Section 8-5-8 as follows: 8-5-8. USE OF VEHICLES FOR LODGING PROHIBITED. It shall be unlawful for any person to lodge in any motor vehicle of any description parked on any public street, right-of-way, parking lot, or other public property within the limits of the City of Iowa City unless the place is temporarily or permanently set apart or designated for lodging in a motor vehicle. a. "To lodge" or "lodging" as used herein shall mean to use as a dwelling place, residence, or living quarters, whether such use is permanent or temporary. b. No person shall be arrested, charged, or cited for a violation of this section unless at least 24 hours prior to such arrest, charge or citation the police officer finding the violation has notified said person that the person's conduct is in violation of a City ordinance prohibiting use of motor vehicles for lodging as described herein. c. No person shall be arrested, charged or cited for a violation of this section unless at least 24 hours prior to such arrest, charge or citation the police officer finding the violation has notified DEFEATED Ordinance No. Page 2 said person of at least one facility within the City of Iowa City which the officer believes, in good faith, provides shelter and support services to homeless persons. d. The notification required hereunder shall be given by securely attaching a written notice to the driver's side window of the motor vehicle. The notice shall state the information required by subsection b and c hereof, the date and time the notice is attached to the vehicle and the intent to charge the occupant(s) of the vehicle with a violation of this section if the conduct is not discontinued within 24 hours. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of MAYOR ATTEST: CITY CLERK k'A,. City Attorney's Office eleanor/ord/Iodging,doc DEFEATED 0rdi nance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thomberry Vanderhoef First Consideration 12/7/99 Vote for passage: AYES: Lehman, Norton, 0' Donnel 1, Thronberry, Vanderhoef. NAYS: Champion, Kubby. ABSENT: None. Second Consideration Vote for passage: AYES: Lehman, O'Donnell ,Vanderhoef. NAYS: Wilburn, Champion, Kanner, Pfab. ABSENT: None. Date published 17 Iowa City City Council Members City of Iowa City East w hin on CITY MANA6ER'S OFFICE Dear City Council Members: We are writing to express concerns about the proposed "lodging in your vehicle ordinance". We are opposed to the city council passing on ordinance of this nature at this time. It seems this ordinance comes up fairly quickly; brought about by a few concerned citizens. We would like to propose the following suggestions: 1. It appears maybe more study into the prevalence by people lodging in their vehicles could be identified PRIOR to passing an ordinance of this nature. 2. There are many reasons why people live in their vehicles. We think Iowa City could look at the reasons people live in their vehicles as opposed to legislating a~ainst it. Some of the reasons people live in their vehicles are: (a) the high cost of housing versus the large numbers minimum wage jobs (b) the amount of time people can stay in the local shelters is limited, the shelters often at capacity and re~3]ar]y turn people away. Many homeless people we work with feel staying in their vehicle is safer than sleeping in a pa~kade or a local park. 3. We have worked with many individuals who have lived outside. These folks make appropriate arrangements to meet their personal hygiene needs. We have never been aware of situations where people who are homeless have acted in a way that is hazardous to the public's health. Thank you for considering our input into this proposed ordinance. If you have any questions or need additional information please contact one of us. Sincerely, Jan Capacciol 351-43 Teresa Kopatich Youells 33s-v s4 Marian Karr From: Jeffrey Hill [noranae@hotmail.com] Sent: Saturday, January 08, 2000 2:30 PM To: council@iowa-city.org Subject: editorial-lodging in vehicles ordinance -To my honorable City Council Members, This is my editorial recently published in the January 6th issue of the Icon. Knowing that the proposed "lodging in vehicles" ordinance passed its first vote with the City Council, I am deeply concerned. The ordinance is unjust, misdirected, and begs reconsideration. Contrary to the by-line of the editorial, I have very recently moved into an apartment and have full-time employment in Iowa City. I love Iowa City and our Country and seek to protect our civil liberties. In our ever-changing, modern world, these liberties must further interpreted, expanded, and cherished. My opinions are thoroughly expressed in this editorial. Please know in advance, if this ordinance passes, I will put it to the test in full light of the courts and the media. Respectfully yours, Jeff Hill At the request of certain house-dwelling members of our community, the City Attorney's office has proposed an ordinance prohibiting the use of vehicles as lodging on public streets. These house-dwelling members of our community are concerned about other members of our community who sleep in their own vehicles on city streets. Are these house-dwellers concerned that vehicle-dwellers might be cold or experiencing financial hardship? Or are these house-dwellers more concerned that vehicle-dwellers might pee in their yards or be an eyesore? The proposed ordinance states that use of motor vehicles for lodging on public streets "constitutes a hazard to public health, safety, and welfare due to the dangers caused by lack of appropriate sanitation facilities in vehicles" and "that it is contrary to the City's interest in regulation of the use of public property and the maintenance of the nature and designated purpose of that property". This implies that people who live in their vehicles relieve themselves either in their vehicles or in someone else's yard. This is not necessarily true. There are scores of public restrooms for the use of any citizen or paying customer and open most hours of the day. And, curiously enough, vehicle-dwellers sometimes have friends who live in houses and have bathrooms. The ordinance also states, in simpler yet accurate terms, that street parking is not meant as space in which to park and sleep. And sleeping is the key point for what else would constitute "lodging". You eat in your car. Some people make phone calls. Why not sleep in your car? -Of course it's parked on a public street; that's what street parking has been for since the invention of the automobile. -Would this ordinance encourage you to drive drunk when you would otherwise sleep in your vehicle? Sleeping in your car while it's parked is much less hazardous for you and the public than eating or making phone calls or changing a CD or having a heated discussion while driving. And those things are legal, presently. If this ordinance passes, a police officer could look through the windows of your vehicle, in your absence, and decide whether you are suspect of living in it. The officer may then post a notice that after 24 hours may warrant an arrest or citation if you don't -what? Take the bedding out of your car? Or if you are present, it's possible the officer could ask to survey the contents of your car because -why? You were observed brushing your teeth? There's a sleeping bag in the back seat? Jefferson would be displeased. This proposed ordinance is a further erosion of our right to be secure in our persons, houses and effects against 1 unreasonable searches and seizures. It is also an impingement upon our right to privacy. Section three of this ordinance states, "If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional." The entire ordinance should be adjudged invalid and unconstitutional. It gives law enforcement a blanket incentive to look into the windows of any parked and seemingly vacant vehicle. It inspires profiling: profiling is the scrutinizing of people based solely on their appearance or the appearance of their vehicles and leads to involving them with law enforcement without any proof of wrong-doing. And, this ordinance inherently tells people what they can and cannot keep in their vehicles. Your car is personal property. So is everything in it. You should have the right to keep a bed, a pillow, boxes of books, food, clothes etc. in your car at all times. You should have the right to do so without warranting suspicion. And, if you are parked legally, you should be able to sleep legally. This proposed ordinance also states that a police officer must notify the vehicle-dweller "of at least one facility within the City of Iowa City which the officer believes, in good faith, provides shelter and support services to homeless persons". No matter how much some people might appreciate the freedom and simplicity of living in their cars, they do so for some underlying reason. Maybe they've separated from a lover. Usually it's financial. Often times they find it difficult to pay $300 for a room, or to work for $6.50 an hour. Often times they have a sense of self-resolve that tells them to save the homeless shelters for those who need it most. Or they just don't want to go to a homeless shelter. They have cars. Finally, this ordinance is another strident example of our society's attempt to marginalize the poor and sweep away the homeless without attempting to improve the conditions that make people poor and homeless. Perhaps instead of persecuting people for doing something relatively harmless, we could work on legislation to alleviate the reasons why people sleep in their cars. The high costs of education and housing. Low wages. The proposed "lodging in vehicles" ordinance has already passed its first consideration by the City Council. The second consideration is scheduled for TUESDAY, JANUARY 18th at 7:00pm at the CIVIC CENTER 410 E. Washington Street. THIS MEETING IS OPEN TO THE PUBLIC. If the proposed ordinance passes then, it will become law. Jeff Hill is a graduate of the School of Social Work at the University of Iowa. He has worked and volunteered in Iowa City for years. He currently lives in a van. Get Your Private, Free Email at http://www.hotmail.com Marian Karr From: Irvin Pfab Sent: Sunday, January 09, 2000 9:18 PM To: Jeffrey Hill; *City Council Subject: RE: editorial-lodging in vehicles ordinance Jeff, I would not be able to support this proposed ordinance and for many of the same reasons that you are opposing it. Irvin -To my honorable City Council Members, This is my editorial recently published in the January 6th issue of the Icon. Knowing that the proposed "lodging in vehicles" ordinance passed its first vote with the City Council, I am deeply concerned. The ordinance is unjust, misdirected, and begs reconsideration. Contrary to the by-line of the editorial, I have very recently moved into an apartment and have full-time employment in Iowa City. I love Iowa City and our Country and seek to protect our civil liberties. In our ever-changing, modern world, these liberties must further interpreted, expanded, and cherished. My opinions are thoroughly expressed in this editorial. Please know in advance, if this ordinance passes, I will put it to the test in full light of the courts and the media. Respectfully yours, Jeff Hill At the request of certain house-dwelling members of our community, the City Attorney's office has proposed an ordinance prohibiting the use of vehicles as lodging on public streets. These house-dwelling members of our community are concerned about other members of our community who sleep in their own vehicles on city streets. Are these house-dwellers concerned that vehicle-dwellers might be cold or experiencing financial hardship? Or are these house-dwellers more concerned that vehicle-dwellers might pee in their yards or be an eyesore? The proposed ordinance states that use of motor vehicles for lodging on public streets "constitutes a hazard to public health, safety, and welfare due to the dangers caused by lack of appropriate sanitation facilities in vehicles" and "that it is contrary to the City's interest in regulation of the use of public property and the maintenance of the nature and designated purpose of that property". This implies that people who live in their vehicles relieve themselves either in their vehicles or in someone else's yard. This is not necessarily true. There are scores of public restrooms for the use of any citizen or paying customer and open most hours of the day. And, curiously enough, vehicle-dwellers sometimes have friends who live in houses and have bathrooms. The ordinance also states, in simpler yet accurate terms, that street parking is not meant as space in which to park and sleep. And sleeping is the key point for what else would constitute "lodging". You eat in your car. Some people make phone calls. Why not sleep in your car? -Of course it's parked on a public street; that's what street parking has been for since the invention of the automobile. -Would this ordinance encourage you to drive drunk when you would otherwise sleep in your vehicle? Sleeping in your car while it's parked is much less hazardous for you and the public than eating or making phone calls or changing a CD or having a heated discussion while driving. And those things are legal, presently. If this ordinance passes, a police officer could look through the windows of your vehicle, in your absence, and decide whether you are suspect of living in it. The officer may then post a notice that after 24 hours may warrant an arrest or citation if you don't -what? Take the bedding out of your car? Or if you are present, it's possible the officer could ask to survey the contents of your car because -why? You were observed brushing your teeth? There's a sleeping bag in the back seat? Jefferson would be displeased. This proposed ordinance is a further erosion of our right to be secure in our persons, houses and effects against unreasonable searches and seizures. It is also an impingement upon our right to privacy. Section three of this ordinance states, "If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional." The entire ordinance should be adjudged invalid and unconstitutional. It gives law enforcement a blanket incentive to look into the windows of any parked and seemingly vacant vehicle. It inspires profiling: profiling is the scrutinizing of people based solely on their appearance or the appearance of their vehicles and leads to involving them with law enforcement without any proof of wrong-doing. And, this ordinance inherently tells people what they can and cannot keep in their vehicles. Your car is personal property. So is everything in it. You should have the right to keep a bed, a pillow, boxes of books, food, clothes etc. in your car at all times. You should have the right to do so without warranting suspicion. And, if you are parked legally, you should be able to sleep legally. This proposed ordinance also states that a police officer must notify the vehicle-dweller "of at least one facility within the City of Iowa City which the officer believes, in good faith, provides shelter and support services to homeless persons". No matter how much some people might appreciate the freedom and simplicity of living in their cars, they do so for some underlying reason. Maybe they've separated from a lover. Usually it's financial. Often times they find it difficult to pay $300 for a room, or to work for $6.50 an hour. Often times they have a sense of self-resolve that tells them to save the homeless shelters for those who need it most. Or they just don't want to go to a homeless shelter. They have cars. Finally, this ordinance is another strident example of our society's attempt to marginalize the poor and sweep away the homeless without attempting to improve the conditions that make people poor and homeless. Perhaps instead of persecuting people for doing something relatively harmless, we could work on legislation to alleviate the reasons why people sleep in their cars. The high costs of education and housing. Low wages. The proposed "lodging in vehicles:' ordinance has already passed its first consideration by the City Council. The second consideration is scheduled for TUESDAY, JANUARY 16th at 7:00pm at the CIVIC CENTER 410 E. Washington Street. THIS MEETING IS OPEN TO THE PUBLIC. If the proposed ordinance passes then, it will become law. Jeff Hill is a graduate of the School of Social Work at the University of Iowa. He has worked and volunteered in Iowa City for years. He currently lives in a van. Get Your Private, Free Email at http://www.hotmail.com