Recommended Updates in Enforcement Regarding Unhoused ResidentsCity of Dubuque
City Council Meeting
Action Items # 06.
Copyrighted
September 6, 2022
ITEM TITLE: Recommended Updates in Enforcement Regarding Unhoused
Residents
SUMMARY: City Manager recommending City Council adoption of changes to the
camping ordinance and inoperable vehicles ordinance to provide
additional tools for enforcement when necessary, regarding unhoused
individuals camping on public or private property.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 1 Streets, Sidewalks and Other
Public Places
ORDINANCE Amending City of Dubuque Code of Ordinances Title 7
Police, Fire and Public Safety, Chapter 5 Offenses, Article A General
Offenses
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
Updates to Enforcement Regarding Unhoused
Residents-MVM Memo
staff cover memo
historical staff memo
Inoperable vehicles ordinance
Camping ordinance
Public Input
City Manager Memo
Staff Memo
Staff Memo
Ordinance
Ordinance
Supporting Documentation
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Recommended Updates in Enforcement re Unhoused Residents
DATE: August 30, 2022
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
Assistant City Manager Cori Burbach is recommending City Council adoption of
changes to the camping ordinance and inoperable vehicles ordinance to provide
additional tools for enforcement when necessary, regarding unhoused individuals
camping on public or private property.
Cori also recommends the city continue to explore a Secondary Responder Model. A
Secondary Responder Model attaches a team of caseworkers that connect the resident
to appropriate resources and negates the "need" for additional non-profit partners to fill
gaps that are already filled appropriately by other organizations. This model will require
dedicated FTEs to be effective. Although those FTEs are not being requested today,
there will need to be a future consideration.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing & Community Development Director
Jeremy Jensen, Police Chief
Ryan Knuckey, Transportation Services Manager
Wally Wernimont, Planning Services Manager
Jason Lehman, Assistant City Attorney
Steve Radloff, Community Policing
Russ Stecklein, Operation Supervisor
Marie Ware, Leisure Services Manager
THE CITY OF
DUB TEI
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Cori Burbach, Assistant City Manager
DATE: August 30, 2022
RE: Recommended Updates in Enforcement re Unhoused Residents
Dubuque
AII•AneftCft
wi�uv�irx�x
2007-2012.2013
2017*2019
INTRODUCTION
The purpose of this memorandum is to recommend updates in City ordinances
regarding service to and enforcement of unhoused residents camping on public or
private property.
BACKGROUND
A June 2022 memo (attached) described recent increases in complaints received about
unhoused individuals living in three circumstances in Dubuque:
1. Individuals waiting for downtown shelters to open who are sleeping or living in City
parking ramps or other City property.
2. Individuals camping within City limits on public or private property.
3. Individuals living in some type of vehicle in the public right of way or parking lane.
For various reasons, none of these situations are safe living arrangements for residents.
In each situation, City staff first try to connect the individuals with stable housing and/or
service delivery based upon their needs. When an individual does not show interest in
these opportunities, efforts are made to relocate the individuals and enforce relevant
ordinances if necessary.
DISCUSSION
Staff from Police, Housing, Transportation Services, Legal, Public Works and the City
Managers Office have continued to meet, gathering input from other departments when
necessary, to identify ways in which we can strengthen the process for relocating and
enforcing relevant codes. Staff are recommending some policy changes and have also
identified ways in which we can improve our process.
Situation 1. Individuals sleeping or living in City parking ramps or other property.
Current relocation and enforcement efforts:
• If a complaint is received or individuals are observed living in this environment,
Transportation Services or Police staff first visit with the individual to determine
any service needs and attempt to "move along" the individual.
If an individual refuses to relocate, they are served a Notice of Violation under
the City's current no trespassing and/or camping ordinance, and given 48 hours
to vacate the location with their belongings.
After 48 hours, the City Public Works department works with police to clear and
dispose of any remaining belongings.
Transportation Services staff are primarily responsible for cleaning up human
waste and completing repairs caused by unhoused individuals.
Recommended actions:
1. Update the current definition of "camping" to provide stronger enforcement options for
police when needed.
2. Continue to examine lighting, signage, and other strategies to dis-incent camping in
locations with high traffic.
3. Continue to work with downtown service providers to identify appropriate, safe
locations for individuals to live or visit.
Situation 2. Individuals camping within City limits on public or private property.
Current relocation and enforcement efforts: The same Notice of Violation under the
City's no trespassing ordinance followed by Public Works cleanup are used as
enforcement mechanisms. If the individual is camping on private property, the Police
work with the property owner to secure cooperation before moving forward with
enforcement.
Recommended actions. -
No specific changes related to enforcement in this circumstance have been identified at
this time.
Situation 3. Individuals living in a vehicle in the public right of way or parking
lane.
Current relocation and enforcement efforts. -
The City's inoperable and street storage ordinances are used to enforce in these
situations.
o Section 9-15-321.760 prohibits "unattended and unmoved motor vehicles
in or about public places for more than twenty-four (24) hours." It is not
clear, however, whether the street storage ordinance applies to all
vehicles or just motor vehicles. (Both terms are used in the ordinance, but
their usage appears inconsistent.)
■ The ordinance only requires that the vehicle be "moved" (i.e., "a
chance in place or position"), not that it be moved a certain
distance.
• When the above is not applicable or effective, the public nuisance ordinance may
be used.
o Title 6, Chapter 4 regulates nuisances, but nothing therein is directly
applicable to individuals living in a vehicle.
■ Provisions that may be used to address such a situation include:
• 6-4-3-I: Obstructing Public Ways and Property
o Subpart 1 prohibits the "obstruction or encumbering
by fences, buildings, structures, signs or otherwise of
public streets ..."
• 6-4-3-R: Combustible Items
• 6-4-3-V: Miscellaneous
o "Any act done or committed by any person or any
substance or thing kept, maintained, placed, or found
in or on any public or private place which is annoying
or damaging or injurious or dangerous to the public
health, welfare, or safety ..."
Recommended actions:
1. Update the current inoperable vehicles ordinance to provide stronger enforcement
options for police when needed for this purpose or other instances when vehicles are
not regularly moved on the street.
2. Install signage in locations with regular parking problems to increase visibility of rules.
Long-term solutions:
The Housing Department in conjunction with the Police Department is working on
formalizing and streamlining processes to address the issues of the unhoused more
quickly and more efficiently through a secondary responder model. This model allows
the City to be more proactive and in the case of reactive response, the issue can be
dealt with in a more -timely manner.
While the Housing Department currently has options for rapid re -housing, the issues
that we have seen in 2022 revolve around unhoused subjects that want to remain
unhoused by choice. This choice has caused camps to pop up on public right of ways,
city streets, and parking ramps. Because of the camps being highly visible, this has
caused safety concerns for residents and business owners. Additionally, there are
health and hazard concerns as the camps do not have hygiene facilities, and often
involve hording type behavior. Enforcement is not a perfect solution to these situations,
as each case involves an individual(s) with complex issues.
We believe a secondary responder model involves a team response over several
departments. By better utilizing existing resources from the start, rather than a forced
move, there is a better chance that the individual finds services that may be amicable to
all parties involved. Currently, the Housing Department and the Police Department are
working together to identify needs, personnel, and options, as well as processes that
can be used that help with communication and essentially connecting the dots with
private providers.
3
The secondary responder model will also bring together fractured housing services
provided by partners in the community. Currently there are partners providing temporary
housing in hotels that were not providing this service in the past, and are not part of the
coordinated entry for the community. This has created confusion among residents who
are unhoused, and often access to consistent information is unavailable to these
residents who don't have cell phones. "Moving along" the unhoused makes it more
difficult to locate the individuals when resources are available to help. A secondary
responder model attaches a team of caseworkers that connect the resident to
appropriate resources, and negates the "need" for additional non-profit partners to fill
gaps that are already filled appropriately by other organizations. This model will require
dedicated FTEs to be effective. Although those FTEs are not being requested today,
there will need to be a future consideration.
Should instances of individuals camping in and leaving materials in parking ramps not
improve, Transportation Services indicates that they will soon need to request additional
staff capacity to address these daily issues.
RECOMMENDED ACTION
Staff respectfully request adoption of changes to the camping ordinance and inoperable
vehicles ordinance to provide additional tools for enforcement when necessary,
regarding unhoused individuals.
Cc: Alexis Steger, Housing & Community Development Director
Jeremy Jensen, Police Chief
Ryan Knuckey, Transportation Services Manager
Wally Wernimont, Planning Services Manager
Jason Lehman, Assistant City Attorney
Steve Radloff, Community Policing
Russ Stecklein, Operation Supervisor
Marie Ware, Leisure Services Manager
12
THE CITY OF
DUB TEI
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Cori Burbach, Assistant City Manager
DATE: June 10, 2022
RE: Staff Response to Complaints re: Unhoused Individuals
Dubuque
AII•AneftCft
wi�uv�irx�x
2007-2012.2013
2017*2019
INTRODUCTION
The purpose of this memorandum is to provide information on the current staff response
to unhoused residents in various situations and seek direction on future actions.
DISCUSSION
A group of staff that respond to calls related to unhoused individuals met in May to
discuss what appears to be an increase in calls for service and complaints.
This memo focuses on how City staff respond to a complaint about an unhoused
individual, or respond when an issue on City property occurs. Further information will
be provided in the next 30 days about partners we work with regularly and resources
available in the community.
There are three ways staff interact with unhoused individuals.
1. Unhoused individuals who are waiting for downtown shelters to open, have
missed curfew, or have been asked to leave the shelters for any reason but still need to
be located close to their services are often found in the City's parking ramps or other
City property. The presence of these individuals often results in complaints from those
using the ramps for parking purposes. Additionally, regular urination, eating in the
stairways, etc, result in City staff spending significant time attempting to relocate the
individuals and regular cleanup costs.
Currently, Transportation Services staff "move along" these individuals, but their
presence is a regular and recurring occurrence.
2. Staff field complaints from the public or observe unhoused residents who are
camping within City limits. These residents can set up their location on public or private
property, which influences the City's legal authority to respond to the complaint. This
group of individuals is small, and many of them are known on a first name basis by staff.
Though not all, many of them are individuals who have brain health issues and/or are
no longer welcome at local shelters due to inability to comply with shelter rules. For
some, for whatever reason, this camping lifestyle is a chosen way of life.
Responding to complaints regarding these individuals can be complicated. If an
individual is living on private property, the City attempts to work with the property owner
to issue no trespassing orders, if the property owner is willing. If the individual is on
public land, staff's response has been to respond when he or she is causing some type
of disturbance, presents a threat to the public, or a complaint is received.
When we are able to move these individuals, it's often only "chasing them around town"
to new locations. Staff costs involved in enforcement and cleanup of abandoned sites
can be significant.
Individuals who have been continuously living on privately -owned real estate for 10
years or longer may have acquired an ownership interest in the real estate through
adverse possession. Ray Vaske, for example, has been occupying a section of land
behind Target for roughly 15 years. The record titleholder has given City staff
permission to enter upon the land, but they have not taken affirmative action to oust Ray
from the land. If the record titleholder were to take such legal action, Ray would likely be
able to claim that he has acquired legal title to the real estate through adverse
possession, and, therefore, the record titleholder lacks the legal right to oust him. City
staff may use the permission granted by the record titleholder to enter upon the land;
based on information currently known, however, it is unlikely that the City could forcibly
remove Ray from the property, even if requested to do so by the record titleholder.
Ray, and other similarly situated individuals, may also have protected privacy and
personal property interests. For example, Ray may have a reasonable expectation of
privacy regarding the interior areas of his tent(s) or other enclosures. In such a case,
City staff would be unable to lawfully enter the enclosure absent a warrant or exigent
circumstances. Similarly, individuals' personal property (especially if it is located on
private property) may be subject to the Fourth Amendment's prohibition against
unreasonable seizures and the 14t" Amendment's due process requirements of notice
and an opportunity to be heard before City staff could lawfully deprive the individuals of
their personal property.
The individuals that are typically in this circumstance can be some of the most difficult
individuals to find built structural homes for, and often wouldn't move into them if
offered. In this instance, if no threat to the public is present and the camping conditions
are sanitary, staff can provide case management to the individual but recommend that
forcing them from location to location is not a helpful or beneficial use of staff time.
3. Staff field complaints from the public or observe residents who are living in some
type of vehicle on public Right of Way. It appears that this type of situation has
increased recently, and complaints have increased as well. This is not a safe living
situation for a number of reasons. The current City Code has holes that make
enforcement regarding this situation difficult. The current street storage ordinance
allows a person to park a vehicle, without moving for 48 hours. To satisfy the code
after 48 hours, the vehicle only needs to be moved. The current code does not specify
a distance, working order, nor does it address trailers, campers, etc.
Staff will continue to enforce under the current Code to the best of our ability and offer
case management to these individuals. We recommend updating the Code to provide
stronger enforcement mechanisms.
Some communities have begun providing safe parking locations for individuals living in
their vehicles. These locations are often protected by either security cameras or nearby
staff and near supportive services. This may be an option for the City to explore in
partnership with local service providers.
RELATED COSTS
The majority of the City's costs come in the form of staff time related to enforcement. In
the past year, the Police department estimates spending approximately $3,000 in direct
staff time associated with case management and enforcement, although they also point
to indirect time spent on the topic. They indicate that complaints and time spent on the
topic have increased significantly since March 1 of this year.
Public Works and Parks staff estimate spending approximately $1,000 in cleanup costs
in the past year after an individual moves on. For some of the more permanent
camping locations the City has received complaints about recently, they indicate that
number could quickly increase if we chose to pursue as the location(s) are difficult to get
to and have a large amount of material that would need to be cleared.
Transportation Services staff indicated spending approximately 2-3 hours per week
responding to individuals living in ramps, and $1,000 per year on cleanup and repair
costs.
NEXT STEPS
In the next 30 days, staff will map out the triage process that is currently in place for the
three circumstances outlined above. We will then identify decision points where policy
change or other action is recommended, and report back to you.
In the meantime, we will continue to provide services and enforcement when we receive
complaints and/or encounter unhoused individuals on City property.
This memo is provided for your information only at this time.
Cc: Alexis Steger
Jeremy Jensen
Ryan Knuckey
Wally Wernimont
Jason Lehman
Steve Radloff
Russ Stecklein
3
Prepared by: Jason D. Lehman, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 29-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 1 STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 10, Chapter 1 of the City of Dubuque Code of Ordinances is
amended by adding the following section:
10-1-11: UNUSED AND INOPERABLE VEHICLES:
A. PURPOSE. The purpose of this article is to:
1. Promote and protect the health, safety, and general welfare of the residents
and property owners in the City of Dubuque.
2. Protect property values and the health, safety, and general welfare of the
residents of the City of Dubuque by limiting the use of the public right-of-way for
the storage of unused vehicles, inoperable vehicles, unused motor vehicles, and
inoperable motor vehicles.
3. Protect the City of Dubuque's natural resources.
4. Promote the fair and equitable use of the public rights -of -way within the City
of Dubuque.
B. DEFINITIONS. The following terms when used in this article shall have the
following meanings:
1. "Unused vehicle," "unused motor vehicle," "inoperable vehicle" and
"inoperable motor vehicle" is any vehicle to which any one or more of the following
criteria applies:
a. Unlicensed. Any vehicle which is required to be registered under the
laws of the State of Iowa that is not registered for the current year.
b. Inoperable. Any vehicle not in a safe and current operating condition
such that, upon request of a City of Dubuque police officer or nuisance
enforcement officer, the vehicle cannot be started and moved a distance of
at least 50 feet.
C. Uninsured. Any vehicle which lacks financial liability coverage, or for
which the owner does not possess and produce proof of financial liability
coverage, as required under Iowa Code § 321.20B.
d. Missing Glass. Any vehicle in which any portion of the vehicle's
windshield, window(s), head light(s), or tail light(s) is missing, regardless of
whether any such vehicle component is or was composed of glass or one
or more other materials.
e. Wheels and Tires. Any vehicle that lacks functional and usable
wheels or tires.
f. Broken or Loose Parts. Any vehicle with broken or loose parts that
constitute a danger because of exposed, sharp, or jagged edges, or that
make any interior portion of the vehicle, including the trunk or engine
compartment, accessible to children or animals.
g. Habitat for Nuisance Animals. Any vehicle that has become a habitat
for rats, mice, or other vermin or insects.
h. Defective or Obsolete Condition. Any other vehicle that, because of
its defective or obsolete condition, in any other way constitutes a threat to
the public health or safety.
2. Mere licensing of a vehicle described in section (13)(1), above, does not
constitute a defense to the finding that the vehicle is in violation of this article,
provided that one or more other characteristics exist which define an unused
vehicle in this article.
3. "Motor vehicle" means every vehicle which is or is intended to be self-
propelled.
4. "Person" means any individual, association, organization, corporation,
partnership, firm (either incorporated or unincorporated), or business entity of any
type.
5. "Vehicle" means every device in, upon, or by which any person or property
is or may be transported or drawn upon a street or highway, excepting devices
moved by human power or used exclusively upon rails or tracks, and including
without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy,
wagon, farm machinery, or any combination thereof.
C. KEEPING OR STORING OF UNUSED OR INOPERABLE VEHICLES. No person
shall accumulate, store, or place, or permit the accumulation, storage, or placement, of
any unused vehicle in any public right-of-way within the City of Dubuque.
D. VEHICLES THAT CANNOT MOVE UNDER THEIR OWN POWER.
1. No person shall detach any, camper, motorized or vehicle -drawn
recreational vehicle, vehicle in tow, trailer of any type, or other vehicle that cannot
move under its own power from a towing vehicle and leave it standing in any public
right-of-way.
2. No person shall unload a pickup camper from a pickup truck and leave it
standing in any public right-of-way.
3. No person shall leave a watercraft, whether standing on a trailer or standing
by itself, on any public right-of-way, unless physically attached to an operable
motor vehicle.
4. Subsections 1, 2, and 3 shall not apply to the following:
a. A construction site as permitted by the City Manager;
The site of a special event as permitted by the City Manager; or
C. During loading or unloading of a camper, motorized or vehicle -driven
recreational vehicle, vehicle in tow, trailer of any type, or other vehicle that
cannot move under its owner power, including pickup campers and
watercraft, for a period not exceeding four continuous hours.
E. PENALTIES/ENFORCEMENT,
1. Any person who violates this article shall be subject to the penalties and
other relief provided in section 1-4-2 of this code.
2. Upon discovery of any unused vehicle in violation of this article, the City
Manager may initiate abatement proceedings as outlined in this article.
3. In addition to any civil penalty and court costs which may be imposed, any
person who violates this article shall also be liable to the City of Dubuque for the
costs associated with abatement of the unused vehicle, including actual costs,
damages, expenses, staff time, and attorney fees incurred by the City of Dubuque.
F. ABATEMENT PROCEDURE.
1. Upon judgment in favor of the City of Dubuque regarding any municipal
infraction issued pursuant to this article, the City Manager may cause any vehicle
which is subject to the judgment to be removed from the public right-of-way and
stored at a location designated by the City Manager.
2. Notice of removal shall be provided in accordance with section 9-15-
321.770 of this code. Removal and storage of any such vehicle shall be in
accordance with sections 9-15-321.770, 9-15-321.771, and 9-15-321.772 of this
code.
3. If, within six months from the date of the removal of a vehicle under this
section, the same vehicle is discovered in an inoperable or unused condition in
any public right-of-way, the City Manager may utilize the abatement procedures in
this section without first obtaining another judgment on another municipal
infraction. All notices required by this section must nonetheless be provided, and
all other procedures described herein must nonetheless be followed.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 6th day of September, 2022.
Brad Cavan orayorgy
Attest:
a4y-� &apA
Adrienne Breitfelder, City Clerk
Prepared by: Jason D. Lehman, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 30-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 7, Chapter 5, Article A of the City of Dubuque Code of Ordinances
is amended by adding the following section:
7-5A-19: UNLAWFUL OBSTRUCTION OF PUBLIC WAYS AND PROPERTY:
A. Definition: The term "camp" or "camping" shall mean the use of public property as
a temporary or permanent place of dwelling, iodging, or residence, or as a living
accommodation at any time between sunset or sunrise, or as a sojourn. Indicia of camping
may include, but are not limited to, storage of personal belongings, using tents or other
temporary structures for sleeping or storage of personal belongings, carrying on cooking
activities or making any fire in an unauthorized area, or any of these activities in
combination with one another or in combination with either sleeping or making preparation
to sleep, including the laying down or placement of bedding for the purpose of sleeping.
B. Prohibited Act: It is unlawful for any person to camp or to place any camp upon
any public street, sidewalk, park, building, or land, except while camping in areas
specifically designated for camping by the City Manager and while acting in accordance
with all rules, regulations, and ordinances pertaining to camping in such designated
areas, or as otherwise permitted by this code.
C. Penalty: A violation of this section may be prosecuted as a criminal or civil matter,
and, upon conviction, an individual is subject to a penalty and other relief in accordance
with sections 1-4-1 and 1-4-2 of this code.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 6th day of September, 2022.
Attest:
Adrienne Breitfelder, City Clerk
Adrienne Breitfelder
From:
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Contact Us
Name: Erica Haugen
Address: 1655 S GRANDVIEW AVE
Ward: 4
Phone: 563-599-4363
Email: elhaugen@gmail.com
City Department: City Council
Citizen Support Center <dubuqueia@mycusthelp.net>
Tuesday, September 6, 2022 3:38 PM
Adrienne Breitfelder
"Contact Us" inquiry from City of Dubuque website
Message: Esteemed members of our City Council,
I am writing regarding Action Item #6 on tonight's council meeting. When amending the ordinance, please consider input from
impacted populations. Dubuque has an active network of providers working to coordinate point -of -entry services for the homeless
in our community. Changes to the ordinance and resources available for our most vulnerable can and should include input from
service providers and those receiving services. I hope we can engage before enforcing.
I became aware of the recommended change after reading an article in the TH. I am left to wonder where unhoused individuals can
"move along to?" Today, emergency and transitional shelters operated by Opening Doors, the Dubuque Rescue Mission, Almost
Home, and the Dubuque Y are full. The shelters will be full tonight. Hotel vouchers are available for some, but most living on the
street will only utilize this service in extreme circumstances.
At the recent "let's talk about housing" public discussion, data showed our community had 2,795 fewer units affordable to
households earning less than 50%AMI than the study 5 years ago. Even with rapid rehousing options, we do not have units or
support services adequate to meet the needs of the individuals described in the attached memos.
I've navigated a range of housing services with individuals living outdoors for long periods of time. I've sat with them in their
outdoor homes. In my experience, living outside isn't their first choice, but is the best option they have given their unique needs,
abilities, and lack of housing choices available.
Before changing camping and inoperable vehicle ordinances, explore, identify, and understand how the city can create safe,
desirable housing options for people currently living in public spaces. Invite community partners to the discussion. If we want to
create equitable systems, we need to change how we do business.
In partnership,
Erica Haugen
Adrienne Breitfelder
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Contact Us
Name: Heather LuGrain
Address: 1111 Bluff Street
Ward:
Phone:5636900086
Email: hlugrain@hotmail.com
City Department: City Council
Message: Good Afternoon,
Citizen Support Center <dubuqueia@mycusthelp.net>
Tuesday, September 6, 2022 2:49 PM
Adrienne Breitfelder
"Contact Us" inquiry from City of Dubuque website
After looking over the action item regarding unhoused residents, I'm curious with how familiar the city/council is with local
resources that provide services to people experiencing homelessness. There are organizations that provide homeless outreach and
many others that provide additional services. The memo talks about "moving along" individuals that are "choosing" to be
unsheltered, but what does that actually mean? I think it would be a better idea for the city to connect with local organizations to
collaborate and create a community solution instead of create something separate.
Respectfully,
Heather LuGrain
Adrienne Breitfelder
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Contact Us
Name: Luis Del Toro
Address: 901 GILLIAM ST
Ward: 2
Phone:6155450738
Email: Luis.Del.Toro0376@gmail.com
City Department: City Council
Citizen Support Center <dubuqueia@mycusthelp.net>
Tuesday, September 6, 2022 2:05 PM
Adrienne Breitfelder
"Contact Us" inquiry from City of Dubuque website
Message: City Council and Mayor,
Tonight you will be considering further enforcement options to move along those who are homeless. I don't believe this change
regarding additional enforcement and tools you propose will solve the problem. On your June 22 staff memo on this issue, you see
the reasons and challenges some of the homeless population face below shared with you.
1. Unhoused individuals who are waiting for downtown shelters to open, have missed curfew, or have been asked to leave the
shelters for any reason but still need to be located close to their services are often found in the City's parking ramps or other City
property. The presence of these individuals often results in complaints from those using the ramps for parking purposes.
Additionally, regular urination, eating in the stairways, etc, result in City staff spending significant time attempting to relocate the
individuals and regular cleanup costs.
Currently, Transportation Services staff "move along" these individuals, but their presence is a regular and recurring occurrence.
I worked downtown for over 10 years. Yes you do find some individuals homeless in the parking ramps seeking shelter from the cold
or simply as a safe place to sleep due to not being able to be taken in at a shelter. Moving them along if already done is no different
than the path you choose to implement today except with further enforcement repercussions. I do agree we need a social worker to
accompany staff on these calls but a social worker can only help if the individual chooses to accept that help or if we have the
resources able and willing to take them in. It seems the greater issue here should be how to bolster transitional housing and shelter
options rather than strengthening your enforcement efforts. To support this measure tonight would reflect a greater value on
preserving an areas aesthetics over human life and individuals in need of support and compassion.
I urge you to please vote no and to instead direct staff to find true meaningful solutions and partners within our community to help
our homeless. Choose people and services over enforcement tools.
Thank you for your time, service to our community and consideration.
Sincerely,
Luis Del Toro
901 Gilliam St
Dubuque, IA 52001
Adrienne Breitfelder
From:
Sent:
To:
Subject:
f
' This sender is trusted.
Contact Us
Name: Gail Weitz
Address: 1630 Lori Ct
Ward:
Phone:563-845-0761
Email: gweitz1630@gmail.com
City Department: City Council
Citizen Support Center <dubuqueia@mycusthelp.net>
Monday, September 5, 2022 10:58 AM
Adrienne Breitfelder
"Contact Us" inquiry from City of Dubuque website
Message: Re: Vote on current city ordinance regarding homeless people
Input: seems to me it is an exercise in "putting the cart before the horse."
Quoting heavily from the TH, "the updates are worded to specifically address issues related to the complaints about homeless
individuals... current city ordinance is designed to be about camping in city parks..."
Most important, "it's not really geared toward addressing a homeless problem."
Surely there is emergency funding available through the city or Housing Department to seek advice from people who feed and
shelter our homeless population. Please implement their ideas instead of "stronger enforcement options" for police who are
understaffed (not sure if that is still true).
Weigh everyone else's needs against the number of complaints.
Thank you for your time.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
09/09/2022
and for which the charge is 85.41
Subscribed to be ore me, a Notary Publl in and for
Dubuque County, Iowa,
this 9th day of September, 2022
Notary P in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199859
My Comm, Exp. DEC 11, 2022
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 29-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC
WAYS AND PROPERTY, CHAPTER 1 STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES
NOW, THEREFORE„ BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Title 10, Chapter 1 of the City of Dubuque Code
of Ordinances is amended by adding the following section:
10-1-11: UNUSED AND INOPERABLE VEHICLES:
A. "PURPOSE. The purpose of this article is to:
I."Promote and protect the health, safety, and general
welfare of the residents and property owners in the City of
Dubuque.
2."Protect property values and the health, safety, and
general welfare of the residents of the City of Dubuque by
limiting the use of the public right-of-way for the storage of
unused vehicles, inoperable vehicles, unused motor vehicles,
and inoperable motor vehicles.
3. "Protect the City of Dubuques natural resources.
4."Promote the fair and equitable use of the public
rights -of -way within the City of Dubuque.
B. "DEFINITIONS. The following terms when used in this
article shall have the following meanings:
1. "Unused vehicle, unused motor vehicle, inoperable vehicle
and inoperable motor vehicle is any vehicle to which any one
or more of the following criteria applies:
a."Unlicensed. Any vehicle which is required to be
registered under the laws of the State of Iowa that is not
registered for the current year.
b. "Inoperable. Any vehicle not in a safe and current
operating condition such that, upon request of a City of
Dubuque police officer or nuisance enforcement officer, the
vehicle cannot be started and moved a distance of at least 50
feet.
c. "Uninsured. Any vehicle which lacks financial liability
coverage, or for which the owner does not possess and produce
proof of financial liability coverage, as required under Iowa
Code * 321.20B.
d."Missing Glass. Any vehicle in which any portion of the
vehicles windshield, window(s), head light(s), or tail
light(s) is missing, regardless of whether any such vehicle
component is or was composed of glass or one or more other
materials.
e."Wheels and Tires. Any vehicle that lacks functional and
usable wheels or tires.
f. "Broken or Loose Parts. Any vehicle with broken or loose
parts that constitute a danger because of exposed, sharp, or
jagged edges, or that make any interior portion of the
vehicle, including the trunk or engine compartment, accessible
to children or animals.
g. "Habitat for Nuisance Animals. Any vehicle that has become
a habitat for rats, mice, or other vermin or insects.
h. "Defective or Obsolete Condition. Any other vehicle that,
because of its defective or obsolete condition, in any other
way constitutes a threat to the public health or safety.
2."Mere licensing of a vehicle described in section (B)(1),
above, does not constitute a defense to the finding that the
vehicle is in violation of this article, provided that one or
more other characteristics exist which define an unused
vehicle in this article.
3.""Motor vehicle" means every vehicle which is or is
intended to be self-propelled.
4. "Person means any individual, association, organization,
corporation, partnership, firm (either incorporated or
unincorporated), or business entity of any type.
5. "Vehicle means every device in, upon, or by which any
person or property is or may be transported or drawn upon a
street or highway, excepting devices moved by human power or
used exclusively upon rails or tracks, and including without
limitation a motor vehicle, automobile, truck, motorcycle,
tractor, buggy, wagon, farm machinery, or any combination
thereof.
C. "KEEPING OR STORING OF UNUSED OR INOPERABLE VEHICLES. No
person shall accumulate, store, or place, or permit the
accumulation, storage, or placement, of any unused vehicle in
any public right-of-way within the City of Dubuque.
D. "VEHICLES THAT CANNOT MOVE UNDER THEIR OWN POWER.
1."No person shall detach any, camper, motorized or
vehicle -drawn recreational vehicle, vehicle in tow, trailer of
any type, or other vehicle that cannot move under its own
power from a towing vehicle and leave it standing in any
public right-of-way.
2. "No person shall unload a pickup camper from a pickup
truck and leave it standing in any public right-of-way.
3. "No person shall leave a watercraft, whether standing on a
trailer or standing by itself, on any public right-of-way,
unless physically attached to an operable motor vehicle.
4."Subsections I, 2, and 3 shall not apply to the following:
a. "A construction site as permitted by the City Manager;
b. "The site of a special event as permitted by the City
Manager; or
c. "During loading or unloading of a camper, motorized or
vehicle -driven recreational vehicle, vehicle in tow, trailer
of any type, or other vehicle that cannot move under its owner
power, including pickup campers and watercraft, for a period
not exceeding four continuous hours.
E. "PENALTIES/ENFORCEMENT.
1."Any person who violates this article shall be subject to
the penalties and other relief provided in section 1-4-2 of
this code.
2. "Upon discovery of any unused vehicle in violation of this
article, the City Manager may initiate abatement proceedings
as outlined in this article.
3. "In addition to any civil penalty and court costs which
may be imposed, any person who violates this article shall
also be liable to the City of Dubuque for the costs associated
with abatement of the unused vehicle, including actual costs,
damages, expenses, staff time, and attorney fees incurred by
the City of Dubuque.
F. "ABATEMENT PROCEDURE.
1."Upon judgment in favor of the City of Dubuque regarding
any municipal infraction issued pursuant to this article, the
City Manager may cause any vehicle which is subject to the
judgment to be removed from the public right-of-way and stored
at a location designated by the City Manager.
2."Notice of removal shall be provided in accordance with
section 9-15-321.770 of this code. Removal and storage of any
such vehicle shall be in accordance with sections
9-15-321.770, 9-15-321.771, and 9-15-321.772 of this code.
3. "If, within six months from the date of the removal of a
vehicle under this section, the same vehicle is discovered in
an inoperable or unused condition in any public right-of-way,
the City Manager may utilize the abatement procedures in this
section without first obtaining another judgment on another
municipal infraction. All notices required by this section
must nonetheless be provided, and all other procedures
described herein must nonetheless be followed.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 6th day of September,
2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 9th day of September, 2022.
is/Adrienne N. Breitfelder, City Clerk
l t 9/9
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
09/09/2022
and for which the charge is 35.55
Sdbscribed to before fne, a Notary Prt6Iic in and for
Dubuque County, Iowa,
this 9th day of September, 2022
Notary is in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 159859
4ly Comm. Exp, DEC 11, 2022
Ad text :
OFFICIAL PUBLICATION
ORDINANCE NO. 30-22
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE,
FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL
OFFENSES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Title 7, Chapter 5, Article A of the City of
Dubuque Code of Ordinances is amended by adding the following
section:
7-5A-19: UNLAWFUL OBSTRUCTION OF PUBLIC WAYS AND PROPERTY:
A. "Definition: The term "camp" or "camping" shall mean the
use of public property as a temporary or permanent place of
dwelling, lodging, or residence, or as a living accommodation
at any time between sunset or sunrise, or as a sojourn.
Indicia of camping may include, but are not limited to,
storage of personal belongings, using tents or other temporary
structures for sleeping or storage of personal belongings,
carrying on cooking activities or making any fire in an
unauthorized area, or any of these activities in combination
with one another or in combination with either sleeping or
making preparation to sleep, including the laying down or
placement of bedding for the purpose of sleeping.
B. "Prohibited Act: It is unlawful for any person to camp or
to place any camp upon any public street, sidewalk, park,
building, or land, except while camping in areas specifically
designated for camping by the City Manager and while acting in
accordance with all rules, regulations, and ordinances
pertaining to camping in such designated areas, or as
otherwise permitted by this code.
C."Penalty: A violation of this section may be prosecuted as
a criminal or civil matter, and, upon conviction, an
individual is subject to a penalty and other relief in
accordance with sections 1-4-1 and 1-4-2 of this code.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 6th day of September,
2022.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 9th day of September, 2022.
/s/Adrienne N. Breitfelder, City Clerk
l t 9/9