[HISTORY: Adopted by the City of Sanford 5-15-2018 by Order No. 18-116-01. Amendments noted where applicable.]
[Amended 9-19-2023 by Order No. 23-289-01[1]]
The purpose of this chapter is to protect the public health, safety and welfare by regulating lodging establishments, pursuant to 30-A M.R.S.A. § 3801 et seq. and by regulating homeless shelters. In reference to § 149-5.1(7) and (8), purpose and findings adopted June 20, 2023, by Order No. 23-77-01, regulating lodging preserves the residential quality of neighborhoods and residential uses to the benefit of Sanford residents; and discourages conversion of housing to transient uses; and supports economic opportunities for residents of Sanford and supports the tourism economy in Sanford through positive overnight accommodations. Pursuant to the City Council Emergency Ordinance, Order No. 289 adopted July 11, 2023, the City Council acknowledges that State, regional and County provision of homelessness services suffers; and the provision of homeless shelters is the responsibility of the County and the State necessitating County and State coordination, where the City of Sanford is a stakeholder; and finds that the need to establish a shelter license, standards, and fee is primarily driven by factors coming from outside the municipality; and that the County and State, in providing these shelter services to people experiencing homelessness and funding these services, must address disparities at a State-wide, regional and County-wide level, and seek to equitably provision homelessness services including the provision of shelters.
[1]
Editor's Note: This ordinance also changed the chapter title
from "Lodging Establishments" to "Lodging Establishments and Shelters."
In general, all words, phrases, and terms used in this chapter
shall have their customary and usual meanings; as used in this chapter,
the following words, phrases, and terms shall have the meanings indicated.
A unique lodging establishment defined in the Zoning Code
where the general public can stay overnight, and may be provided with
a limited menu serving only a breakfast meal. This meal can be either
a full breakfast or a continental breakfast.
A lodging establishment which is a single structure where
sleeping accommodations are furnished to the public as a business
for a day, week, or month, but not more than an entire season.
A room in any establishment used for sleeping purposes by
four or more unrelated persons.
Lodging establishments defined in the Zoning Code as "lodging"
and specifically the "renting of rooms and the furnishing of board"
by providing "not more than two rooms for rent in a building of residential
character, which is used principally as a single-family dwelling,
in which the family or person residing permanently in the home acts
as proprietor and in which meals may be taken."
Shall mean the same as "Persons Experiencing Homelessness"
as defined in the Maine State Housing Authority Homeless Solutions
Rule, Chapter 19, Section 1(Z), last adopted December 7, 2022; and
"homeless" as further defined in 24 CFR § 576.2 and elsewhere
in federal rules and regulations.
[Added 9-19-2023 by Order No. 23-289-01]
Lodging establishments defined in the Zoning Code where sleeping
accommodations are furnished to the public.
A person, firm, or corporation who keeps a lodging establishment
to provide lodging to travelers or others for compensation and who
maintains sleeping accommodations. An innkeeper is not a landlord
pursuant to landlord and tenant laws as provided in Title 14 of State
statute.
Every building or structure or any part thereof kept, used
as, maintained as, advertised as or held out to the public to be a
place where sleeping accommodations are furnished to the public as
a business, such as bed-and-breakfasts, guest homes, hotels, inns,
motels, and cottages. A lodging establishment may not also be a shelter
as defined in this chapter.
[Amended 9-19-2023 by Order No. 23-289-01]
A congregate facility used as, maintained as, or designed
to be used to provide overnight sleeping or daytime accommodation
to shelter families and individuals offered on a short-term basis
and also may include temporary or transitional housing or emergency
shelter and additional certain services and activities associated
with homelessness. A shelter may offer meals, lodging and associated
services on-site, aimed at helping people move towards self-sufficiency.
Shelters may include, but not limited to such certain and similar
activities as overnight shelters, day shelters, transitional shelters,
the York County Regional Shelter, and family shelters. Shelters does
not include temporary shelter facilities associated with disaster
relief or emergency response. A shelter may not also be a lodging
establishment as defined in this chapter.
[Added 9-19-2023 by Order No. 23-289-01]
The lawful owner of a shelter or a person, firm, or corporation
employed and designated by the owner to have primary responsibility
for the daily operation of such shelter and for maintaining standards
and conditions in such shelter.
[Added 9-19-2023 by Order No. 23-289-01]
[Amended 6-20-2023 by Order No. 23-77-01; 9-19-2023 by Order No.
23-289-01]
No person, firm, or corporation may operate as an innkeeper
or operate a lodging establishment until such person, firm, or corporation
first obtains a license for such purpose from the City Clerk. Licenses
under this chapter shall not be issued unless the City Clerk receives
affirmation from the Inspection Team that the applicant's proposed
operation meets all applicable requirements. Any person carrying out
such activity without a license is in violation of these provisions.
Failure to comply with any of these requirements shall be deemed a
violation of this chapter and is adequate grounds for the denial,
revocation, or suspension of a license.
[Added 9-19-2023 by Order No. 23-289-01]
No person, firm, or corporation may operate as a shelter operator
or operate a shelter of any kind within the City limits until such
person, firm, or corporation first obtains a license for such purpose
from the City Council. Licenses under this chapter shall not be issued
unless the City Clerk receives affirmation from the Inspection Team
that the application and proposed operation meets all applicable requirements.
The City Council must conduct a public hearing on any new application.
The City Council may require the applicant to construct or implement
other measures when those measures are designed to improve the operations
of the shelter or minimize the impact of the shelter on the surrounding
neighborhood. The City Council may also impose any reasonable conditions
on the license that may be necessary to insure compliance with the
requirements of this Code or to address concerns about operations
that may be resolved through the conditions. Any person carrying out
such activity without a license is in violation of these provisions.
Failure to comply with any of these requirements shall be deemed a
violation of this chapter and is adequate grounds for the denial,
revocation, or suspension of a license.
[Amended 6-20-2023 by Order No. 23-77-01; 9-19-2023 by Order No.
23-289-01]
License applications under this chapter shall be processed according to the procedures established in this chapter, Chapter 149, Licensing, and 30-A M.R.S.A. § 3801 et seq. A license may be issued after the fee required has been paid through the City Clerk's office. The fee for a license shall be a per room or per rental housing unit rate established under Chapter 149, Licensing, § 149-1.4, Fees, of this Code, for lodging establishment or shelter.
[Amended 9-19-2023 by Order No. 23-289-01]
The City Council shall act as the City's licensing board and
shall have the authority to grant, deny, suspend or revoke any license
in accordance with State law. An appeal of the decision of the City
Council shall be to Superior Court within 30 days of the decision.
Every innkeeper shall post in every bedroom:
[Amended 9-19-2023 by Order No. 23-289-01]
In a locally declared emergency, a license shall not be required
for dormitories of charitable, educational, or philanthropic institutions,
or for private homes used in emergencies or for the accommodation
of persons attending conventions, fairs, or similar public gatherings,
nor for temporary lodging places for the same.
[Amended 9-19-2023 by Order No. 23-289-01]
In order to obtain or maintain a license for a lodging establishment or shelter, the lodging establishment or shelter shall be in compliance with the appropriate chapter(s) of the NFPA 101 Life Safety Code as adopted by reference. A shelter that cannot meet this provision of the chapter shall be deemed to have not met the minimum standards for shelters pursuant to § 155-10.
[Added 9-19-2023 by Order
No. 23-289-01]
A.
In the
provision of emergency shelter services, the City of Sanford shall
only contract with emergency shelter service providers that are in
compliance with the Emergency Shelter and Housing Assistance Program
(ESHAP), as promulgated by the Maine State Housing Authority.
B.
The City
Council is authorized to maintain and enter into multiparty agreements
with the York County Shelter Program, Maine Housing, and the federal
government for the provision of emergency shelter services on behalf
of the City.
[Added 9-19-2023 by Order
No. 23-289-01]
The following minimum standards and conditions shall be met
in order to hold a shelter license. Failure to comply with any of
these standards and conditions shall be deemed a violation of this
chapter and adequate grounds for the denial, revocation, or suspension
of a shelter license.
[Added 9-19-2023 by Order
No. 23-289-01]
A license application for a new shelter shall be made to the City Clerk in accordance with Chapter 149 and shall include the following information:
A.
Population
served. A description of the population to be served by the proposed
shelter and associated occupancy targets and a description of how
the proposed shelter will serve the homeless population that will
be accommodated by the shelter, be it a daytime drop-in center, overnight
shelter, or both, or otherwise.
B.
A description
of the anticipated providers that will serve the population that will
be accommodated by the shelter, including a description of what specific
services will be provided on-site and what specific services will
be provided off-site. (Such specific services may include case management,
life skills training, counseling, employment and educational services,
housing assistance, or other programs.)
C.
A description
of how the shelter will be funded and when public money is proposed,
a letter from the funding agency must be submitted that evaluates
the capacity at existing State and County funded and operated shelter
facilities; and documents the funding agency's plan for how the proposed
location will address disparities and equitably provide homelessness
services at a State-wide, regional, and County-wide level.
D.
A letter
statement of the operator's experience in operating a shelter.
[Added 9-19-2023 by Order
No. 23-289-01]
A shelter operator shall maintain complete and up-to-date written standard operating procedures for the shelter, available for inspection at the time of an inspection pursuant to § 155-14, including:
A.
Primary
points of contact for the shelter operator, general public inquiries,
assistance referrals, and neighborhood concerns.
B.
Hours
of operation, including the designated intake period when potential
occupants may apply or request residency at the shelter, if applicable.
C.
Necessary
minimum staffing levels for the shelter and documentation of training
records provided to staff.
D.
The code
of conduct applicable to occupants of the shelter.
E.
Intake
and exiting procedures.
F.
When applicable,
a plan to ensure that school-aged occupants are enrolled in school
during their stay.
G.
Sanitation
Plan. A description and schedule for ensuring that common facilities
such bathrooms, showers, and food areas, are sanitary. The plan must
outline standards and procedures for precautions in the facility,
management of bodily fluids exposure and cleanup, laundry, and illness
containment.
H.
Facility
Plan. A description of how the exterior appearance will be maintained
including trash/litter, hazardous materials, and biohazards in the
vicinity.
I.
Neighborhood
Plan. A description of how neighborhood concerns will be resolved
including a complaint or comment log.
J.
Safety
and Security Plan. A written plan for safety and security including
but not limited to criteria for rejecting or removal individuals and
management of those individuals; addressing disruptive behavior; managing
loitering and unpermitted camping in the vicinity and identification
of magnet areas such as parks, trails and libraries; security of the
facility; coordination and timely communication to the Police Department
and Sheriff.
[Added 9-19-2023 by Order
No. 23-289-01]
To safeguard the health, safety, and welfare of the public,
the location and identification of any domestic violence shelter or
occupant shall be held strictly confidential.
[Added 9-19-2023 by Order
No. 23-289-01]
To safeguard the health, safety, and welfare of the public,
Code Enforcement Officers are authorized to enter any licensed shelter
at any reasonable time for the purpose of inspecting.
[Added 9-19-2023 by Order
No. 23-289-01]
The operation of any shelter without the required license or operating in violation of the requirements is operating in violation of this Chapter and City Code and subject to fines and penalties. This chapter shall be enforced by the Code Enforcement Officer and the Police Department according to the enforcement provisions specified in Chapter 90 and 149. Any person, firm, or corporation, who violates a provision of this chapter or the terms of a license may be penalized in the same manner as specified in Chapter 90 and Chapter 149.
[Added 9-19-2023 by Order
No. 23-289-01]
If any clause, sentence, paragraph, section, article, or part
of this article or of any ordinance included in this Code or through
supplementation shall be adjudged by any court of competent jurisdiction
to be invalid, such judgement shall not affect impair or invalidate
the remainder therefor but shall be confined in its operation to the
clause, sentence, paragraph, section, article, or part therefore directly
involved in the controversy in which such judgement shall have been
rendered.
