Ordinance 3957-23 - Laserfiche WebLink

2023 ORDINANCE Page 2 of 8 decrease a neighborhood’s willingness to host treatment or housing services. It also negatively impacts individuals who access treatment and housing services. H.Alleviating street-level social issues, nuisance criminal activity, and open air drug activity around treatment or housing services and surrounding certain other high impact locations will foster support from community members to host treatment facilities and/or temporary shelter in their neighborhood. I.Adopting an ordinance allowing the Mayor to designate a two-block Service Facility Buffer Zones around treatment or housing services will mitigate the inequitable concentration of impacts and support the City’s ability to keep the community safe and promote public health in the zones surrounding treatment and housing services. J.Adopting an ordinance allowing the Mayor to designate a two block Service Facility Buffer Zones around other locations based on information showing a pattern of criminal activity and public complaints showing a high concentration of streel-level social issues in those locations will help keep the community safe and promote public health in those locations. K.The City is actively working on expanding capacity to accommodate individuals experiencing homelessness. L.Service providers and law enforcement have found that those seeking to access treatment or housing services are often hindered in their ability to do so by criminal activity in the areas surrounding service providers and by unsafe access paths to services. M.Pursuant to Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018), and Johnson v. City of Grants Pass, 50 F.4th 787, (9th. Cir. 2022), the Ninth Circuit Court of Appeals has determined that the United States Constitution prohibits the imposition of criminal penalties on homeless individuals who could not otherwise obtain shelter for sitting, sleeping, lying, or taking necessary minimal measures to protect oneself from the elements while outside on all public property within a jurisdiction. N.The City has the power to provide for the punishment of all practices dangerous to public health or safety, and to make necessary for the preservation of public health, peace, and good order, and to provide for the punishment of all persons charged with violating any City ordinance. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. Findings adopted The findings set forth in the above recitals are hereby adopted and incorporated by reference. Further, the City Council specifically finds that the regulation of the conduct addressed in this Ordinance is a valid exercise of police power.