Ordinance No. MC-1671
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EXHIBIT A
Chapter 9.50: NOTIFICATION OF TRANSPORT OF UNHOUSED PERSONS TO THE CITY
Section 9.50.010 Purpose.
This ordinance shall be known as the Notification of Transport of Unhoused Persons Who Lack a Fixed, Regular and Adequate Nighttime Residence. The purpose of this ordinance is to:
(A)Identify the place of origin for persons who lack a fixed, regular, and adequate nighttime residence in the City;
(B) Identify any county, city, other governmental entity, or other organization including but not limited to non-profits that transports persons who lack a fixed, regular, and adequate, nighttime residence in the City;
(C) Require government agencies and other organizations to aid such persons by providing shelter, care, outreach, and other homelessness-related resources in their own jurisdictions rather than simply just transporting these individuals to the City; (D)Manage and prioritize the City’s limited homelessness-related resources (including shelter, outreach, and supportive services) for the benefit of individuals who reside in or originate from the City; and
(E) Prevent government agencies and other organizations from engaging in cruel and inhumane treatment of unhoused individuals by merely dumping them in the City without any coordinated plan for services.
Section 9.50.020 Duty to Notify of Transfer of Unhoused Persons Who Lack a Fixed, Regular, Adequate Nighttime Residence.
All government entities, organizations, including non-profit organizations, shall comply with the follow regulations:
(A)Pre-scheduled drop-offs can only occur during normal business hours 8:00 a.m. to 5:00 p.m. Sunday through Saturday.
(B) Before any government entity, other organization, or employee or agent acting on behalf of any governmental entity or other organization can transport and drop off an unhoused individual who lacks a fixed, regular, and adequate nighttime residence on public property or private property that is accessible to the public in the City, the government entity, organization, or employee/agent acting on behalf of any governmental entity or other organization shall notify in writing via email the Deputy Director of Housing & Homelessness of the transport and drop-off 24 hours in advance of the occurrence to ensure proper coordination so that the individual goes into supportive services and does not end up living on the streets in the City. When a public entity or other organization notifies the Ordinance No. MC-1671
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City of an upcoming drop-off, they must provide the following written information (“Initial Notice”) to the City to ensure continuity of services:
1. The name, address, phone number, and email address of the government entity or organization providing the notice;
2. The date and time of the notice;
3. The staff person submitting the notice;
4. The full name (first name, middle initial, and last name), date of birth, and phone number of the individual being transported and/or dropped off;
5. The location where the person named is being transported from;
6. The reason for transport (shelter placement, family reunification, medical/behavioral health, other);
7. The name, address, and email address of the organization to whom the person being transported is being delivered;
8. Whether the organization receiving the person being transported has confirmed the acceptance of the person prior to being transported;
9. A list of any conditions that the organization receiving the person being transported requires prior to their acceptance of that person;
10. The name and title of the staff person who has agreed to receive the person being transported;
11. The expected date, time, and mode of transportation by which the person is being transported;
12. The names and titles of staff members accompanying the person being transported;
13. The criminal justice status of the person being transported (i.e. Probation/Parole and if applicable in which county);
14. Whether the person being transported is registered on the Sex Offender Registry as per Cal. Penal Code § 290; and
15. Whether the person being transported is registered as an Arson Offender as per Cal. Penal Code § 457.1.
(C) 24 hours after submitting notice, as per Section 3 Subsection B above, and/or after any government entity, organization, or any employee or agent acting on behalf of any governmental entity or organization transports and/or drops off an unhoused individual who lacks a fixed, regular, and adequate nighttime residence on public property or private Ordinance No. MC-1671
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property that is accessible to the public in the City, the employee/agent acting on behalf of any governmental entity or other organization shall send via email a drop-off confirmation notification (“Confirmation Notice”) to the Deputy Director of Housing & Homelessness of San Bernardino of the status of the transport/drop off to ensure proper coordination so that the individual goes into supportive services and does not end up living on the streets of San Bernardino. The Confirmation Notice shall include:
1. The name of the individual who was transported;
2. The exact drop off location of the person who was transported;
3. The date and time of the drop-off;
4. Whether the person who was being dropped off was successfully placed into the services;
5. The name and title of the staff member that accepted the person being droppedoff into their services; and
6. If the person was not successfully transported and placed into services, an explanation of why the person was not transported successfully, including a description of what happened to the person, and whether any follow-up contact has been scheduled.
(D)A person “lacks a fixed, regular, and adequate nighttime residence within Section 3 Subsection B when a person has a nighttime residence:
1. That is not meant for habitation; or
2. Lives in a publicly or privately operated shelter designed to provide temporary living arrangements; or
3. Is exiting an institution where he/she/they resided for ninety days or less and who resided in an emergency shelter; or
4. Is exiting a detention center in the City without having a primary nighttime residence to return to upon release.
(E) Subsection A shall not prohibit the following activities:
1. Transporting a person to be booked into a county jail or admitted into a countydesignated custody alternative facility; or
2. Transporting a person to be treated at a licensed hospital or medical facility; or
3. Transporting a person to attend a verified appointment with a government or non-profit social service provider; or
Ordinance No. MC-1671
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4. Transporting a person to attend a verified hearing at the San Bernardino County Superior Court; or
5. Any transportation undertaken by the City within the City; or
6. The operations of a governmental provider of public transportation.
Section 9.50.030 Enforcement. Any person, governmental entity, agency, or other organization who transports an unhoused individual into the City of San Bernardino and who violates any provision of this Chapter may be issued an administrative citation in accordance with Chapter 9.92 of the City’s Municipal Code for each individualized instance of non-compliance. It is unlawful and declared a public nuisance to violate any provision of this Chapter. The City may also enforce violations of this Chapter by administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law. The remedies, procedures, and penalties contained herein are cumulative to each other and to any other remedies, procedures, and penalties available under City, State, or Federal Law. These remedies, procedures, and penalties contained herein shall apply to each individualized instance of non-compliance.