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(A) In the event of a violation of this Section, the city shall provide, or cause to be provided, an offer of available emergency shelter space to an individual experiencing homelessness, and must inform that individual that transportation to available emergency shelter space is available.
(B) Each emergency shelter space offered to an individual shall be at a shelter, housing accommodation or alternative sleeping space that maintains policies and procedures for accommodations under the Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.
(Ord. 2023 c. 9)
(A) In the event of a violation of this Section, the city shall offer and provide storage for personal belongings consistent with the City Storage Program Policy. The City Storage Program Policy shall provide for the storage of eligible property, further define property that is eligible for storage and provide clear instructions on how individuals may regularly access and recover his or her belongings.
(B) The City Storage Program Policy will also provide that for property at a campsite that is not claimed by any person, City Staff will assess whether the property is abandoned property or an individual’s temporarily unattended property, including through inquiry to individuals in the area and a reasonable attempt to identify the property owner. Property determined to pose an immediate health or safety risk is subject to immediate disposal.
(C) The city shall store temporarily unattended eligible property under the City Storage Program Policy. For temporarily unattended property that is not eligible for city storage, the Inspectional Services Department will either post notice for 24 hours prior to removal of the unattended property not eligible for city storage or will temporarily store the unattended property and post notice as to how to recover it.
(D) City Officials shall provide a written copy of the City Storage Program Policy when providing an offer of storage, which shall be made available in each language that meets a language access need in the city as most recently determined by the Office of Language and Communications Access.
(E) In the event that an individual chooses to leave the area without his or her belongings upon learning of a violation of this Section, City Staff shall store eligible property in line with the City Storage Program Policy.
(F) The City Clerk shall maintain a feedback system on the City Storage Program through which individuals can complete a form either online or by requesting a physical form from a City Employee or Agent. These feedback forms can be used to submit general feedback or to submit a claim for reimbursement for lost property. All claim forms submitted pursuant to this Section shall be submitted to the City Clerk for appropriate routing. No fees may be charged for the processing of claims submitted pursuant to this Section.
(Ord. 2023 c. 9)
(A) Immediately upon passage, the city shall distribute leaflets to individuals and post weather-resistant signs in locations with a concentrated number of campsites to provide additional actual notice of this Section and the effective date. The leaflet shall contain a written copy of this Section, a written copy of the City Storage Program Policy and written copies of additional resources, which shall be made available in each language that meets a language access need in the city as most recently determined by the Office of Language and Communications Access.
(B) Upon the effective date of this Section, once the city has engaged an individual as described in Subsections 16-66.5 and 16-66.6, no further notice is required to enforce this Section.
(C) In the case of a period when shelter is unavailable, when the city notifies an individual located in any campsite that a period when shelter is unavailable has ended, the individual shall have 48 hours to remove his or her camping materials.
(Ord. 2023 c. 9)
(A) Individuals in violation of this Section who refuse to remove or allow for removal of the campsite or camp materials as described in Subsection 16-66.7, or who reestablish a campsite following removal pursuant to Subsection 16-66.7, shall be subject to penalties. This Section shall be enforced by the Boston Police Department as well as any sworn law enforcement agency empowered to make an arrest within the jurisdictional boundaries of the city.
(B) Any of the following penalties may apply.
(1) All enforcement methods authorized by law, including, issuance of a warning, M.G.L. Chapter 40, Section 21, or enforcement authorized by M.G.L. Chapter 272, Section 59 (Ordinances or Regulations Relating to Streets, Reservations or Parkways; Alcoholic Beverages; Profanity; Arrest Without Warrant) if the Boston Police or other duly authorized officer on scene determines a violation of M.G.L. Chapter 272, Section 59 has occurred in their presence.
(2) This Section shall go into effect seven days after the date of passage to permit any individuals located in any campsite to remove camping materials in order to comply with this Section.
(Ord. 2023 c. 9)
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