(A) In addition to being in compliance with any currently applicable laws and regulations of the federal, state or local governments required by § 124.12, it shall be the duty of the operator of a shelter licensed under this subchapter to:
(1) Maintain the health and safety standards set out herein or in any currently applicable laws or regulations of the federal, state or local governments as may be amended from time to time;
(2) Have a criminal record check performed on all employees having direct contact with a child at the shelter prior to such employee’s performing duties for the shelter, and annually thereafter;
(3) Have a criminal record check performed on all volunteers having direct contact with a child at the shelter within one week of the volunteer first volunteering for the shelter, and annually thereafter, or, if a licensed shelter serving minors, operator shall abide by state licensing requirements governing volunteers;
(4) Provide and have available for review, by any employee, volunteer or resident, educational materials regarding communicable diseases and precautions to be taken to protect the employee, volunteer and shelter residents;
(5) Maintain a written and posted first aid and cardiopulmonary resuscitation (“CPR”) policy, including having:
(a) At least one person trained and currently certified in first aid and CPR on duty on each shift;
(b) All certifications of employees or volunteers for first aid and CPR shall be kept on file for inspection by the Northern Kentucky District Health Department; and
(c) Adequate and available medical supplies for first aid and CPR.
(6) Provide written policies and procedures on the handling of prescription or over-the-counter drugs, including controls and/or limitations on access to prescription and over-the-counter drugs kept in the shelter;
(7) Maintain sanitary conditions in the shelter;
(8) Maintain all mattresses and box springs with a water resistant encasing protective cover that
will resist tearing and can be wiped thoroughly with a disinfectant cleaner before use by any other residents;
(9) Post a clearly marked evacuation plan that is approved by the appropriate Fire Department or Fire District official in areas available to both shelter staff and residents, and keep a copy of the plan on file;
(10) Provide services to all individuals within the city free from discrimination because of race, color, religion, national origin, familial status, age, disability, sex, gender identity or sexual orientation. Nothing contained herein shall be construed to prohibit any shelter from maintaining separate facilities for the different sexes or being a unisex facility;
(11) Allow clients access to restrooms during shelter hours of operation;
(12) If required, have and maintain a Kentucky food establishment permit and have received a passing score on their most recent inspection;
(13) Boarding and lodging houses shall not have any signage which identifies the use;
(14) Boarding and lodging houses shall be located on or near a collector or arterial street with reasonable access to public transportation;
(15) Boarding and lodging houses shall provide sufficient on-site parking as required by the city’s Zoning Code;
(16) The new owner of a shelter, including a boarding and lodging house, must file the registration statement within ten days of a change of ownership and/or acquiring title to the shelter;
(17) The operator shall participate in and provide complete and accurate information for residents to the Kentucky Homeless Management Information System (KYHMIS) or designated alternative on a quarterly basis. The operator shall grant the city complete access to all its data submitted to KYHMIS to the extent permitted by law;
(18) The facility shall provide adequate waiting areas within the premises for clients and prospective clients to ensure that public sidewalks, streets and alleys are not used as queuing or waiting areas;
(19) In the interest of infection control, the operator shall maintain an accurate and complete list of the names of all residents housed in the shelter;
(20) The operator shall maintain sufficient insurance coverage to protect against liability and foreseeable loss, and shall include the city as a named insured for any liability that may accrue to the city as a result of the operation of the shelter;
(21) The operator shall have on premises adequately trained staff as to deal with the potential behavioral issues that will arise from the resident population without excessive reliance on the city’s public safety agencies;
(22) The operator shall continuously monitor waiting areas to inform prospective residents whether they can be served in a reasonable time. If they cannot be served by the operator because of time or resource constraints or occupancy limits, the monitor shall inform the prospective resident of alternative programs and locations where he or she may seek similar service;
(23) The operator shall provide for timely removal of litter attributable to clients within the vicinity of the facility every 24-hour period;
(24) The service provider shall have a plan to minimize disruption or damage caused by clients’ behavior on properties located within two blocks of the facility;
(25) The operator shall maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff or the general public;
(26) The operator shall implement other conditions and/or measures as determined by the city in consultation with other city agencies, necessary to ensure the management and for residents of the establishment maintain the quiet enjoyment, safety and cleanliness of the shelter and the vicinity of use;
(27) The operator shall establish standards for responding to emergencies and incidents involving the expelling of residents from the shelter. Re-admittance policies for residents who have previously been expelled from the shelter shall also be established;
(28) The operator shall establish re-admittance policies for residents whose behavior or conduct has required public safety agency intervention;
(29) Alcohol and illegal drug use is prohibited on site. Service providers shall expel residents from the facility if found to be using alcohol or illegal drugs while on site, unless good cause is shown;
(30) The facility shall be open 24 hours a day, seven days a week to provide, at a minimum, around the clock access to toilet and shower facilities for those eligible to be served by the facility;
(31) In order to encourage clients to pursue stable and permanent housing, the operator shall limit the maximum stay for residents to 150 days within a 365-day period, except for residents participating in a transitional housing program as described in the management plan submitted as part of the licensing process; or for good cause shown; and
(32) The operator shall not allow shopping carts or pets on the premises, except when the pets are registered as disability or emotional support pets.
(B) Notwithstanding the above requirements set forth in division (A) above, divisions (A)(17) through (A)(32) above shall not apply to boarding and lodging houses.
(1984 Code, § 117.05) (Ord. O-05-20, passed 2-11-2020; Ord. O-21-24, passed 8-27-2024)