We continue to see homeless camping and lingering in the Bon Air Neighborhood. The picture above was of a homeless camp on Bardstown Rd that appeared to finally be moved on 1/23/2021. It continues to be a dance of being sensitive to the plight of the homeless but also maintaining safety and property values in the neighborhood.
There was a post on Nextdoor on 1/15/2021 reporting that a homeless individual was trying to get into a house in the vicinity of Taylorsville Rd and Furman Blvd (Highgate Springs), which is on the other end of the historical Bon Air Neighborhood from where the obvious homeless camps presently are. It seems that if there are more reports like what happened on 1/15/2021 there might be more momentum to do something.
I continue to be mindful that we have had essentially homeless people around the neighborhood for decades, as they were crashing at the Economy Inn with its weekly rates since the 1990s. I otherwise think that the factors that continue to encourage the camping and panhandling are 1) that a sufficient number of northbound motorists on Bardstown Rd and 1) a sufficient number of exiting motorists from the westbound Watterson give to the panhandlers,
The following policies were provided by Officer Jaron Skillman, one of the Community Resource Officers for District 6 pertaining to homeless camping. In posting these, it is hoped that we have an understanding of the parameters LMPD and other Metro officials must abide by in responding to the homeless camps.
I think that the salient point is in 131.02 where it must be treated like an eviction in that 21 days must pass.
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§ 131.01 CAMPING OR STORING PERSONAL PROPERTY ON CERTAIN PUBLIC PROPERTY PROHIBITED.
(A) Definition of terms. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAMP or CAMPING. Means the use of public land or public premises for temporary living accommodation purposes by the occupation or habitation of an area, location or property through the use of temporary shelters, recreational vehicles and/or camping paraphernalia. In no event may a camp be established in less than 48 hours.
CAMPING PARAPHERNALIA. Means equipment or supplies that are used by a person or persons to facilitate camping, which includes but is not limited to grills, outdoor cookers, lanterns, latrines, tents, huts, cots, beds, sleeping bags, bedrolls, knapsacks, hammocks, tarpaulins, canvases, lean-to’s, temporary shelters of whatever kind, or other similar type equipment or supplies.
EMERGENCY. Means situations when a failure to act immediately could lead to serious harm to public health or safety.
HOMELESS. Means the definition of “Homeless” set forth at 24 C.F.R. § 91.5.
PERSONAL ITEMS. Means any item that is reasonably recognizable as belonging to a person and has apparent utility and does not include items that have no apparent utility or in an unsanitary condition, including, but not limited to, identification documents, birth certificates, and other personal documents and effects.
PUBLIC PROPERTY. Means any real property owned or controlled by Metro Government which includes but is not limited to green spaces, open spaces, right-of-ways, public sidewalks, cross-walks, streets, curbs, public alleyways, public passageways, publicly owned commercial lots, publicly owned residential lots, publicly owned vacant lots, publicly owned cleared lots or any other Metro Government owned properties located within the boundaries of Jefferson County, but does not include the public parks owned, leased or and managed by the Louisville Metro Parks Department, property owned, leased or and managed by the Waterfront Development Corporation, property owned, leased or and managed by the Parking Authority of the River City (“PARC”), property leased by Metro and managed by the Kentucky Administrative Office of the Courts, or property owned, leased, or managed by the Commonwealth of Kentucky or its agencies.
RECREATIONAL VEHICLE. Means a motor vehicle, trailer or hybrid trailer that is equipped with amenities and features intended for the owner or others to use for the purposes of leisure activities, camping and/or sleeping, including but not limited to, motor homes, travel trailers, camper vans, truck campers, pop-up campers, teardrop trailers, fifth-wheels, toy haulers or motor homes.
STORE. Means to put aside or accumulate for use when needed, or to put, place, or leave in a location for safekeeping or future use.
TEMPORARY SHELTER. Means a non-permanent accommodation that is intended to be used by a person or persons for protection from the various weather elements while camping which includes, but is not limited to, tents, huts, cots, beds, sleeping bags, bedrolls, knapsacks, hammocks, tarpaulins, canvases, lean-to’s or other similar types of equipment or structure.
(B) General provisions.
(1) It shall be unlawful for any person to camp or utilize camping paraphernalia, recreational vehicles or temporary physical shelters, or, to store camping paraphernalia, recreational vehicles or temporary shelters, on any public property within the boundaries of Metro Government that:
(a) Metro Government, its officers, agencies, or departments use for offices, operations, storage, or other governmental purpose; or
(b) Metro Government leases to, or has a management agreement with, another governmental or quasi-governmental agency, or any corporation, organization, or person; or
(c) Is zoned exclusively for residential use or has an occupied or unoccupied house or commercial structure on the public property; or
(d) Is three acres or less in total area.
(2) It shall be unlawful for any person to store camping paraphernalia, recreational vehicles or temporary physical shelters or any other personal property on any public property less than three acres in size.
(3) Camping may be permitted on public property larger than three acres in size by making application for a camping permit to the Director of the Department of Public Works and Assets (the Director). Application for a camping permit shall be made on a form provided by the Director. Each application for a camping permit shall be signed by the individual or authorized representative of the organization that seeks to camp on public property, shall identify each person by name and address who will be subject to the camping permit, the address or location of the public property proposed to be used, the requested date(s) for camping which may not exceed five consecutive days, and such other information as required by the application form. Each application shall be accompanied by an application fee in the amount of $25 for five campers or less, $50 for six to ten campers, and for more than ten campers, $5 for each camper named in the application. If the application is denied, all application fees will be refunded. In no event shall any person, individual whether as an individual applicant or as a member of a group of individuals applicant, or group of individuals identified in an application tendered by an organization, be permitted to camp for more than five consecutive days in a single calendar month at the same location or a total of 21 days on public property in a calendar year.
(4) The Director shall have the discretion to implement such regulations for the issuance of camping permits the Director deems necessary to prevent the misuse or abuse of public properties and insure the public health, welfare, and safety of Metro citizens. All such regulations and any amendments thereto shall be approved by the Mayor before they become effective. The County Attorney shall approve all such regulations as to form and legality prior to submission to the Mayor.
(C) Exceptions.
(1) This section shall not apply to anyone camping or utilizing camping paraphernalia, recreational vehicles, or temporary physical shelters in specified areas that have been designated by the Metro Department of Parks or other appropriate governmental authority as camp sites, camping areas, camping facilities, campgrounds, sleep facilities, and other similar type areas.
(2) Nothing in this section is intended to prohibit camping or sleeping on private residential property by friends and family of the property owner, so long as the owners thereof consent and no zoning and/or land use law or regulation prohibits such use.
(D) Enforcement and penalties. Any violation of this section shall be classified as a civil offense and shall be enforced through the Code Enforcement Board as provided in §§ 32.275 et seq. or as it may be amended. The civil penalty for any violation of this section shall be as follows: any person that violates any provision of this section shall be liable for a civil fine in an amount of not less than $50 nor more than $200 for each violation. Each day a violation continues shall be a separate violation of this section.
(Lou. Metro Ord. No. 131-2012, approved 7-31-2012; Lou. Metro Am. Ord. No. 21-2018, approved 2-14-2018)
§ 131.02 PROTECTIONS IN THE EVENT OF DISPLACEMENT.
(A) No department or employee of Louisville Metro Government may displace a homeless person from a camp, until Louisville Metro, through the Department of Public Works and Assets, has given at least 21 days' notice to the homeless persons living in the camp and to the Coalition for the Homeless or a like organization; provided, however, that if Louisville Metro, through the Department of Public Health and Wellness, makes a written determination that an emergency exists, it may give whatever notice is reasonable under the circumstances. The displacement must take place by Louisville Metro within 21 days from the date of the Notice expiring, otherwise a new 21-day Notice must be given for the displacement. Notice to the homeless persons shall consist of signs posted in a conspicuous place at the camp giving the earliest date on which personal property may be removed. The signage shall include a visual symbol or symbols as well as text. Notice to the Coalition for the Homeless or a like organization should be given through a phone call or email requesting verification that it has been received.
(B) Upon receiving the notice described in subsection (A), the Coalition for the Homeless or a like organization may notify participating service providers, faith-based organizations, street ministries and volunteers to offer the homeless persons to be displaced available assistance, including any available assistance with transitional or permanent housing, and other services. The Coalition for the Homeless or a like organization shall be provided at least three days' notice of the actual date and time when a homeless person is to be displaced so that participating service providers, faith-based organizations, street ministries and volunteers are on site at the time of the displacement to offer assistance.
(C) This section shall not apply to locations where permanent, conspicuous notices are posted that camps are not allowed, and that personal items are subject to be removed immediately and where removal of such items occurs on a regular basis.
(D) Any Louisville Metro employee found to be in violation of this subsection may be disciplined, up to and including termination.
(Lou. Metro Ord. No. 21-2018, approved 2-14-2018)
§ 131.03 PERSONAL PROPERTY STORAGE.
(A) If a
homeless person is displaced from a camp with fewer than 21 days' notice under the emergency provision in §
131.02(A), Louisville Metro must maintain any of the
homeless person's personal items found at the camp, including but not limited to, identification documents, birth certificates, and other personal documents and effects, in a safe and secure place for a minimum of 30 days. Animals found with personal items will be transported to Louisville Metro Animal Services ("MAS") for impoundment in compliance with LMCO
Chapter 91 and state law. The MAS Director will promulgate regulations regarding treatment and release of animals impounded under this section, which shall include a waiver of fees and penalties allowable under the law. The MAS Director is encouraged to consult with a local organization which assists
homeless persons and their companion animals in promulgating said regulations.
(B) Notice shall be posted at the site of the camp, providing a telephone number to call to arrange an appointment to pick up personal property. The notice shall be posted in a conspicuous place in the general vicinity, but not more than 30 feet from the location where the property was removed, and shall be laminated or otherwise made to be weather resistant. After 30 days, Louisville Metro may dispose of any unclaimed personal items and remove the notice regarding personal property.
(C) Any Louisville Metro employee found to be in violation of this subsection may be disciplined, up to and including termination.
(Lou. Metro Ord. No. 21-2018, approved 2-14-2018)
