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HomeMy WebLinkAboutStudy Session Agenda Packet 07-20-20STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO July 20, 2020 6:30 p.m. This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting; the public may not attend in person. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on July 20, 2020) 2. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 995 5575 1025 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to access City Hall during the meeting to view the meeting and provide public comment if desired. These comments will be heard and seen in real time by members of Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. Citizen Comment on Agenda Items 1. Applejack Liquor ESTIP agreement 2. Homelessness issues in Wheat Ridge 3. Noise ordinance 4. Staff Report(s) 5. Elected Officials’ Report(s) ADJOURNMENT Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager FROM: Steve Art, Renewal Wheat Ridge Executive Director DATE: July 20, 2020 SUBJECT: Applejack Enhanced Sales Tax Incentive Program Request ITEM: The City of Wheat Ridge received a request from Jim Shpall, CEO and owner of Applejack Wine and Spirits, LLC (Applejack), to enter into the Enhanced Sales Tax Incentive Program (ESTIP) for the rebate of sales tax increment (Increment) in association with a proposed remodel and rebranding of Applejack located at 3320 Youngfield Street in Wheat Ridge. The rebate request is for 100% (3.0 cents) of the Increment generated for a period of 10-years or a total not to exceed amount of $990,146, whichever occurs first. PRIOR ACTION: This is the first briefing to City Council on this project. FINANCIAL IMPACT: If the ESTIP agreement is approved, the City will continue to receive the base amount of sales tax revenue generated from Applejack which is defined as the sales tax revenue generated for the 12-month period prior to issuance of a certificate of occupancy for the remodel and rebranding project. The City will share 100% of the Increment which is defined as all sales tax revenuesabove the base amount. The Increment will be calculated on only 3.0 cents of the City’s 3½ centsales tax since the revenues generated from the ½ cent sales tax are obligated to the 2E Bondfund. The ESTIP rebate will be capped at an amount not-to-exceed $990,146 or 10 years,whichever occurs first. Annual Applejack sales tax revenues are estimated to increase $99,001 initially after completion of the remodel and rebranding project and grow to approximately$275,000 per year over a 10-year period. BACKGROUND: Wheat Ridge Code of Laws Chapter 22-73, establishes the ESTIP as an economic development tool. The goal of ESTIP is to encourage the establishment and/or substantial expansion of retail sales tax generating businesses within the city, thereby stimulating the economy of and within the city, thereby providing employment for residents of the city and others, thereby further expanding the goods available for purchase and consumption by residents of the city, and further Item No. 1 Study Session Memo – Applejack ESTIP July 20, 2020 Page 2 increasing the sales taxes collected by the city. The increased sales tax collections will enable the city to provide expanded and improved municipal services to and for the benefit of the residents of the city. This tool allows the City Council to rebate a portion of sales tax Increment generated by Applejack. Enhanced sales tax is the amount of sales tax collected by the city over and above a base amount, which is the amount received over the previous 12-months of completion of improvements. Applejack Wine and Spirits opened in the Applewood shopping center in 1961. In 1973, the store moved across the shopping center to its current location. In 1980 the store was sold to Alan Freis (father in law to current owner Jim Shpall). Alan rapidly grew the store through the 80s and early 90s into the pre-eminent store in the West Metro area. In 1994 Jim Shpall joined and has since advanced the business into one of the top stores in the nation. In 2019, Applejack was ranked a top-5 store in the nation by the leading industry publication, Beverage Dynamics. Despite Applejack’s success, the store has remained relatively similar since the 1980s with only one significant renovation occurring in 2000. Much has changed in retail over the past 20 years. Traditional Brick and Mortar is losing ground to e-commerce, and mom and pop stores are closing down due to the emergence of large national chains. Applejack is a rare success story due to its relentless focus on customer service, selection, and value. However, the emergence of other big box liquor retailers in the last ten years (e.g. Molly’s, Tipsy’s, Total Wine and More) has put immense pressure on Applejack to evolve. In comparison to these newer stores, Applejack looks dated, and sales growth has slowed and even contracted despite increases in the metro population. Applejack’s core customer set remains solid and loyal but is aging. The executive team at Applejack believes that it needs to increase its focus on attracting younger customers, who are often moving to the state from elsewhere and may not have grown up with the brand. Brands that resonate with the younger consumer typically have a few key components: 1. Experiential; 2. Savvy with digital; and 3. Onmi channel. Applejack has invested and plans to continue investing heavily in these three areas. Applejack has always been experiential with its knowledgeable sales staff helping customers navigate the large selection and exploring products beyond what they would have ever found on their own. However, the dated look puts the impetus entirely on the staff rather than building or architectural features that can enhance the experience and lead to expanding current customers experiences and bringing in new customers that have never been to Applejack. Plans to make the store more experiential include a redesigned flow, new and remodeled shelving and displays, dropped and accentuated ceilings to highlight unique areas of the store, and a redesigned service center to encourage greater customer interaction with the staff. Increased signage on the building’s exterior including a raised façade should attract customers to the store from within the shopping center and those driving along I-70. Applejack does not currently have any signage saying Wine and Spirits. With the increased traffic from the redeveloped Study Session Memo – Applejack ESTIP July 20, 2020 Page 3 shopping center, Applejack believes it can better capitalize on these new consumers by explicitly stating our store offerings rather than simply emphasizing Applejack, which people may not know. The updated look will also signal to potential customers that Applejack is far more than a shopping center liquor store and is an experience in itself. Applejack has been constantly upgrading their digital presence over the last few years. Major upgrades include the integration of Netsuite for our Enterprise Resource Planning (ERP) software, the integrations of Avalara tax, and Getswift delivery optimization, constant website upgrades, and the scoping of a loyalty program and consumer app both of which they hope to launch in the next 12 months. They believe investment in digital is paramount to bringing in the millennial customer, and the importance was further illustrated during the Covid-19 pandemic where many of their transactions shifted from in store to curbside or delivery. Lastly, the store needs to be onmi-channel meaning consumers can shop Applejack in a variety of ways. This largely ties into Applejack’s development of digital where customers can shop in store or order online for curbside pickup or doorstep delivery. No matter the customers preferences, Applejack wants to make the shopping experience easy and convenient for everyone. The remodel has three primary areas of focus: 1. Sales floor, 2. Façade and exterior signage, and 3. Curbside/ back of house. The sales floor redesign includes a refashioning of the look and feel of the entire store environment from floor to ceiling. Improvements will range from a new floor, upgraded and state-of-art lighting systems, new ceiling and new colors on walls and shelving. Aisles will be improved to enhance the shopping experience. Displays will be more vivid. New customer service features will be added as well as new technology at the registers to enhance the customer in-store environment. Exterior building renovation occurs largely at the main entry at the northeast corner of the building and along the northside of the building that faces the entire shopping center. The upgrade will enhance the building’s cosmetics with new exterior skin and signage, and will pronounce the entry with an elevated overhanging canopy – replacing the low mansard roof structure. The new canopy opens up the entry area to more natural light, air flow, and warmth with a new wood soffit and stimulating lighting. A new building skin comprised of metal panel wraps the existing CMU, while painted stucco provides the field material matching adjacent stucco and contextual counterparts. Storefront doors and windows will be replaced where necessary along with a few new punched windows and doors around the perimeter. RTU’s serving the warehouse will be replaced and will be screened properly. Overall, the facelift delivers a modern aesthetic coating to Applejack’s historical roots and deepening its identity within the recently renovated Applewood Village. The back of house redesign will include better signage for curbside pickup along the Southeast edge of the building, as well as better ingress and egress to bring the product to the consumers. Study Session Memo – Applejack ESTIP July 20, 2020 Page 4 The interior will have a revamped layout helping to maximize the efficiency of the curbside business, which has seen a dramatic increase since the Covid-19 crisis. Additionally, part of the back of house renovation will include updated offices and employee areas. In total, Applejack will invest approximately $4.1 million of the $6.5mm into the modernization project (technology, equipment and brick and mortar). Regency Centers will invest $1.35mm into the project. Over $990,000 of this investment has been determined to be eligible public improvements including general site improvements, façade upgrades, improved curbside in the post Covid world, and environmental remediation of asbestos. Applejack has requested assistance in paying these eligible public improvements through an ESTIP Agreement in the amount of $990,146 to round out the $6.5mm capital project. RECOMMENDATIONS: Staff recommends approval of the ESTIP request for the following reasons. The project will… • Generate increased sales and use tax revenue; • Maintain and grow local permanent good paying jobs; • Create construction-related jobs and economic activity for the surrounding neighborhood; • Revitalize a core Wheat Ridge business; • Support a long-term Wheat Ridge based small business. Staff is seeking a consensus on moving forward with drafting an ESTIP Agreement for future consideration at a regular City Council meeting. MEMO PREPARED/REVIEWED BY: Steve Art, Economic Development Manager Patrick Goff - City Manager ATTACHMENTS: 1. Applejack presentation Store Remodel July 20, 2020 ATTACHMENT 1 Why are we Remodeling? •Retail has evolved and consumers seek modern retail. •Consumers prefer retail that is experiential. •Applejack wants to define itself as the preeminent modern liquor retailer. •The Applewood Village shopping center has evolved, and Applejack wants to follow suit to maintain its status as a destination store. •The evolution of Applejack includes a new façade, an entirely redesigned sales floor with experiential features, and increased signage. Applejack Continues to Reinvest in the Business •Added same-day delivery within a 5-mile radius. •Constantly enhances website to provide customers with omnichannel retail. •Implementing a new Point-of-Sale system that will provide a loyalty program to drive more traffic and enhanced marketing through automation software. •Upgrading refrigeration and shelving for energy efficiency and a modern aesthetic. Details of the Remodel Façade Upgrade with Enhanced Signage Update front of the building to enhance cross traffic within the Applewood Village shopping center. Add South and West signage to pull more consumers off I-70 and from new developments in the area. Interior Redesign New ceilings and lighting with drop features to highlight areas of the store for experiential retail, like wine tastings. Checkout stand upgrades to reduce lines and enhance customer experience. Redesigned help desk to give Applejack a more upscale feel. Upgraded Refrigeration and Shelving Energy savings Modern look to appeal to the consumer of 2020. Investments in the Business •Total cost estimated at $6.5mm. •Remodel accounts for roughly half of the spend. •Construction estimate is from Mark Young Construction. •Other estimates are from 3rd party vendors. Applejack Cost Summary Construction Costs 2,334,584$ Refrigeration 82,672$ Shelving 83,943$ Subtotal 2,501,200$ Contingency @ 10%250,120$ Construction Total 2,751,320$ Legal + Architectural 275,000$ Permits Fees and Taxes 150,000$ Construction Grand Total 3,176,320$ Advertising 1,175,000$ Software Upgrades 804,500$ Delivery Upgrades 296,500$ Warehouse 663,000$ Consumer App 254,080$ HVAC 106,000$ Merchandising Consultant 68,750$ Grand Total 2019-2022 6,544,150$ Renderings by Davis Partnership Architects Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: July 16, 2020 (for July 20, 2020 Study Session) SUBJECT: Homelessness Issues in Wheat Ridge ISSUE: Over the past few years, and recently exacerbated by the COVID-19 pandemic, there has been a significant increase in the number of homeless or transient people throughout Jefferson County, the Denver-Metro Area, and the state of Colorado. While homelessness has been viewed as traditionally a big city challenge, the suburbs and areas outside of the large urban centers have experienced an increase in homeless/transient issues. While many people look to law enforcement to address these issues, the answers to addressing the varied issues specific to this problem are much broader and complicated than enforcing laws. Oftentimes the actions of law enforcement, without the support of other human services resources, merely displace the homeless for short periods of time. Jefferson County Human Services and staff from the Wheat Ridge Police Department and City Manager’s Office will provide an update to City Council at the July 20, 2020 study session on the current status of homelessness in Wheat Ridge and the regional efforts underway to help address homelessness issues. BACKGROUND: All of the counties surrounding the Denver-Metro Area, communities along the Front Range, the I-70 corridor and Western Slope are experiencing challenges with homeless/transient populations. The reasons for homelessness are wide-ranging and complex. The reasons includea lack of affordable housing; people who experience chronic substance abuse issues; individualssuffering from severe mental health issues; military veterans; and victims of domestic violence.In addition, we know that homeless people are leaving larger cities in an effort to avoid being victims of crimes perpetrated by others who are homeless. Changes in laws regarding panhandling as a result of court decisions related to the First Amendment have resulted in a more visible presence of homeless or transient people along the I-70 corridor, intersections and shopping centers. Since panhandling is seen by the courts as a First Amendment right, the ability of the police has been restricted to enforcing only aggressive panhandling. Enforcement alone will not solve the problems related to homelessness, so the department’s approach has been one of engagement with community partners, providing resources if available, Item No. 2 education and enforcement. The most significant hurdle for Wheat Ridge, Jefferson County and other communities is the lack of resources, particularly the availability of shelters and affordable housing, and programs for the mentally ill and chronic substance abusers. Last year, City Council approved a 0.5 FTE Homeless Navigator for the 2020 Adopted Budget. This position was part of a regional effort throughout Jefferson County to address the rise of individuals experiencing homelessness. Part of these efforts includes establishing a network of Homeless Navigator positions in individual jurisdictions that work in collaboration as regional partners. The Navigators deliver direct services to individuals and families in need, provide program and stabilization-related support, and collect and distribute information and resources to assist those experiencing homelessness. The City posted the position in December and interviewed candidates in January and March. The position was difficult to fill for two primary reasons: 1) qualified candidates were applying for most, if not all, of the Homeless Navigator roles posted in Jefferson County, and pulled out of Wheat Ridge’s hiring process when offered a full-time role in another city, and 2) the nature of the half-time role would require some inconsistent and on-call hours, which would make it difficult for candidates to maintain a second part-time job. The Homeless Navigator hiring process was then frozen in March due to the COVID-19 pandemic. During this time, the City spoke with neighboring cities, Golden and Edgewater. Golden was also having difficulty filling a 0.5 FTE role and Edgewater needed more homeless support than originally anticipated. The three cities are now working toward the hiring of one full-time Homeless Navigator to share. Wheat Ridge will establish and fill a Homeless Navigator position, and both Golden and Edgewater will allocate financial or staff resources to facilitate the work of the Homeless Navigator. The position will likely be taken out of the Crime Prevention Fund and placed into the City Manager’s Office in order to allow for Homeless Navigator access to the County’s Homeless Management Information System (HMIS). A HMIS is a local information technology system used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. This information is not accessible to Police Departments. ATTACHMENTS: 1. Homelessness in Wheat Ridge and Homeless Navigation Model – Jeffco Human Services 2. 2019 Jeffco Comprehensive Homeless Count 3. Homeless Navigator IGA 4. Homelessness in Wheat Ridge - WRPD Homelessness in Wheat Ridge & Homeless Navigation Model 7/20/20 Kelli Barker, Jefferson County Regional Homeless Coordinator Yvette Gallegos, Homeless Navigator, Jefferson County Human Services ATTACHMENT 1 Trends: Jeffco Literal Homelessness Population (Point-in-Time Counts-last week of Jan.) 0 100 200 300 400 500 600 2016 2017 2018 2019 2020 439 394 577 434 444 Literally Homeless Homelessness Across Jeffco Municipalities (Comprehensive Summer Count 2019) 0 50 100 150 200 250 300 350 400 450 500 Lakewood Arvada Wheat Ridge Unincorp orated Jeffco Golden Westmins ter* Edgewate r Sheltered 263 94 36 31 17 12 5 Unsheltered 223 95 57 51 25 27 9 46% 50%61%62%60%69%64% # PERSONS Homelessness in Wheat Ridge (Comprehensive Summer Count 2019) At-Risk 35 38% Literal 39 42% Chronic 19 20% At Risk, Literal, Chronic (#/% Persons) At-Risk Literal Chronic 1 1 22 29 28 9 0 10 20 30 40 Ap't/house w/ subsidy Hotel/Motel w/ subsidy Hotel/Motel - self pay Vehicle Unsheltered With Friend/Family Sleeping Location Homelessness by Household Type (Comp. Count 2019) 14% 86% 1% 11% 88% 2% HH w/ children HH without children HH w/ only children 0%10%20%30%40%50%60%70%80%90%100% Wheat Ridge Jefferson County Wheat Ridge-Gender &Age (Comp Count 2019) 57% 42% 0% 55% 42% 3% Male Female Other 0%10%20%30%40%50%60% GENDER Jefferson County Wheat Ridge 17% 6% 71% 3% 16% 8% 67% 4% Children (under 18) Young Adult (18-24) Adult (25-64) Senior (65+) 0%10%20%30%40%50%60%70%80% AGE Jefferson County Wheat Ridge Wheat Ridge-Race & Ethnicity (Comp Count 2019) 70% 14% 18% 9% 2% 92% 2% 16% 3% 1% White Black Hispanic/Latinx Multi-Racial American Indian 0%10%20%30%40%50%60%70%80%90%100% Jefferson County- Gen. Population Wheat Ridge Homeless Wheat Ridge: Services Needed Housing assistance, 44 Food, 38 Transportation assistance, 23 Medical/dental services, 20 Help finding a job, 17 Shelter, 15 Help getting ID, 12 Mental healht services, 10 None, 6 Other*, 4 0 5 10 15 20 25 30 35 40 45 50 *Other= childcare or school services, detox The solution to homelessness is homes. Recent Initiatives in Jeffco Greatest Needs & Priorities Recent Initiatives •Permanent supportive housing for chronically homeless •Family Shelter •Navigation/Resource Center •Street Outreach •Comprehensive Homeless Count (2019) •Heading Home Committee •Homeless Navigation Model Comp. Count Report: https://www.headinghomejeffco.com/ Homeless Navigation Model •What does homeless navigation look like in Jeffco? •Gaps Identified: •Family Shelter •Basic Need Resources (food, clothing, birth certificates, etc.)-on demand/without appt. •Short Term Assistance: assistance with move-in and deposits, short-term rental costs •Programmatic delays in service delivery •Transportation (Bus Passes) 2019 Comprehensive Homeless Count Jefferson County, Colorado Final Report ATTACHMENT 2 2019 Comprehensive Homeless Count Jefferson County, Colorado Final Report Prepared By: OMNI Institute Natalie Wheeler | Senior Researcher Mayra Smith-Coronado | Researcher 899 Logan Street, Suite 600 Denver, CO 80203 (303) 839 - 9422 www.omni.org Prepared For: Comprehensive Homeless Count Steering Committee Carrie Espinosa, City of Arvada Amy DeKnikker, City of Lakewood Sgt. Jonathan Alesch, City of Lakewood Morgan Gardner, City of Lakewood Kelli Barker, Jefferson County Kat Douglas, Jefferson County Kate Skarbek, City of Westminster Submitted March 2020 For more information about this report please contact Kelli Barker, kbarker@co.jefferson.co.us. Table of Contents Executive Summary 1 Letter from the Steering Committee 3 Introduction 5 Cost of Living in Jefferson County 6 Cost of Homelessness 8 Methodology 9 Data Entry and Cleaning 9 Limitations and Considerations 11 Findings 12 Demographics 15 Characteristics 18 Subpopulations 18 Services Needed and Received 19 Barriers to Services 20 Duplicate Data 21 Additional Sources of Data 22 Homeless Management Information System (HMIS) 22 2019 Point-in-Time (PIT) Count 23 McKinney-Vento Education for Homeless Children and Youth (EHCY) Program 24 2019 #RealCollege Survey 24 Stories from Survey Volunteers 25 Conclusions 27 Appendix A: Survey Instrument 28 Appendix B: Jefferson County Data 30 Appendix C: City Data 33 Appendix D: Slept Outside Jefferson County Data 47 Appendix E: Glossary 49 Executive Summary Comprehensive Count Final Report | 3 Letter from the Steering Committee We are pleased to present the results of the 2019 Jefferson County, Colorado Comprehensive Homeless Count in this report. Staff members from the cities of Arvada, Lakewood, and Westminster as well as from Jefferson County created the survey in order to learn more about the scope of homelessness and needs of those experiencing homelessness in the county. Recognizing the need for community input, the team asked healthcare providers, educational institutions and non-profit partners throughout the region along with interested citizens and faith-based organizations to weigh in on the questions. OMNI Institute provided expert guidance throughout the process. This report was based on two counts: a month-long service provider count and a week-long street count. The participation of 29 agencies that conducted the month-long count and the agencies across the Denver metro area that provided staff during their worktime to conduct the week-long count made this possible. Almost 200 citizens carved time out of their daily lives to canvas as much of the 774-square-mile county as possible during a week in August to visit and interview people where they live – in parks, open space, cars, hotels and more. Law enforcement officers from every jurisdiction in Jefferson County escorted the volunteers to ensure their safety. The cities of Edgewater, Golden, Westminster and Wheat Ridge and Jefferson County provided meals and places for volunteers to meet at the beginning and ends of their shifts. Mountair Christian Church and the Arvada Vineyard Neighborhood Church opened their doors to host the volunteers while meals were provided by Alameda Connects, Chuy’s and First Bank during shifts in Lakewood and Arvada. Rx Abuse Leadership Initiative of Colorado (RALI) provided funding to help ensure the volunteers had vests and trained team leads. Various citizens also donated items to giveaway to those experiencing homelessness. Many thanks to everyone who contributed – especially those who answered the survey questions. The report’s findings will be used to guide policy-making, service decisions and identify funding opportunities in order to better serve those who are homeless as well as improve the quality of life for all residents. The report contains the most recent data available about: • The cost of living in Jefferson County • The cost of homelessness • The methodology and survey results from the county-wide comprehensive count • Additional sources of data about homelessness in Jefferson County • The survey results for each jurisdiction in Jefferson County • Data Quality Report of the comprehensive count Comprehensive Count Final Report | 4 While we fully expect that the survey results will lead to more questions, they must also lead to action. It is our intent that the information in this report is used to create policies, programs and partnerships designed to ensure that homelessness of any sort is rare and short-lived when it does occur. Thank you for your interest in this subject. We hope you join us in moving this work forward. Carrie Espinosa, City of Arvada Kelli Barker, Jefferson County Amy DeKnikker, City of Lakewood Kat Douglas, Jefferson County Sgt. Jonathan Alesch, City of Lakewood Kate Skarbek, City of Westminster Morgan Gardner, City of Lakewood Comprehensive Count Final Report | 5 Introduction In 2019, several local governments in Jefferson County partnered to conduct a month-long, comprehensive count of individuals experiencing homelessness. This collaborative group identified the need for quality data to inform the policies and services that are needed to prevent and address homelessness throughout the county. Historically, a primary source of data about homelessness in Jefferson County comes from the annual point-in-time (PIT) count. The PIT is undertaken each year in January to meet US Department of Housing and Urban Development (HUD) requirements. While the PIT provides valuable data, the count is limited to individuals who are literally homeless (living in shelters, on the streets, or other places not meant for human habitation) and does not include individuals in other unstable housing conditions such as couch surfing, living in motels, or temporarily residing in institutions such as hospitals. The Jefferson County comprehensive homeless count attempted to reach individuals who were literally homeless and those who lack stable housing. This expanded definition was informed by the 2009 Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act with the aim to capture the unique characteristics of individuals experiencing or at risk for experiencing homelessness in Jefferson County. The main goals of the comprehensive homeless count were: 1. Conduct an unduplicated count of individuals and families in Jefferson County who are homeless 2. Collect data about demographic characteristics and other factors related to homelessness 3. Capture information about services and barriers related to homelessness in Jefferson County 4. Use data to design services and policies to prevent and address homelessness This report is intended to summarize the results of the comprehensive count to assist service providers, policy makers, and government entities in understanding the population of people experiencing homelessness. In addition to this report, a Data Quality Report containing an overview of excluded data as well as recommendations for future counts is also available. Definition of Homelessness In this report, homelessness is defined as individuals and families living in an emergency shelter, transitional housing, those who are unsheltered, and those who lack stable housing. At least one of the following criteria must be met to classify housing as unstable: the inability to sleep or stay in the same place for the next 14 days, the inability to pay for housing for the next 14 days, or inconsistent housing for the last 60 days. Comprehensive Count Final Report | 6 Cost of Living in Jefferson County In Jefferson County, housing costs have risen more quickly than household income making it more difficult for individuals and families to afford housing. According to the 2018 American Community Survey, since 2013 the cost of housing has grown 38% while household income has only grown 26%. The gap between median annual household income and median home values is larger in Jefferson County compared to the national average. In Jefferson County, the 2018 American Community Survey shows that the median home value is 5.13 times greater than the median annual household income. Comparatively, across the United States the median home value is 3.71 times greater than the median annual household income. For income levels in Jefferson County to be compatible with housing costs, relative to the national average, the median annual household income in Jefferson County would need to increase 31%, from $85,890 to $112,421. Because median home values are high in Jefferson County, median housing payments also exceed national averages. $2,492 $1,356 $1,388 $1,058 Mortgage in Jefferson County Mortgage in United States Rent in Jefferson County Rent in United States Comparing median wage to median mortgage payments, a household in the US pays 38% of their net income for housing, while a household in Jefferson County pays 50%. $85,890 $61,937 $440,200 $229,700 Jefferson County United States Median Annual Household Income Median Home Value Comprehensive Count Final Report | 7 Housing costs are also high for renters. The median monthly cost of rent is higher in Jefferson County compared to the national average ($1,388 vs. $1058). A household in Jefferson County earning the typical entry-level income will spend 60% of their gross income on rent alone. According to HUD, households that pay more than 30% of their gross income toward housing costs are considered cost-burdened. Cost-burdened households have less money available to spend on health care, childcare, transportation, and other essential expenses. While typical entry-level wages in Jefferson County are $27,830 per year, many occupations have lower entry level wages. The following graph displays annual entry-level income for the fifteen fastest growing jobs in Jefferson County. $27,830 $25,022 $16,656 $12,696 Jefferson County United States Annual Entry-Level Income Median Annual Rental Costs $21,216 $21,216 $21,216 $21,216 $21,216 $22,568 $22,589 $22,734 $23,421 $25,563 $33,155 $42,702 $45,822 $53,602 $57,741 Waiters and Waitresses Construction Laborers Retail Salespersons Cooks Food Preparation and Serving Workers Stock Clerks and Order Fillers Freight, Stock, and Material Movers Customer Service Representatives Office Clerks Security Guards Electricians Business Operations Specialists General and Operations Managers Registered Nurses Applications Software Developers Comprehensive Count Final Report | 8 An average Jefferson County household spends 69% of their net monthly income on housing (50%) and transportation (19%) alone. According to the Consumer Expenditure Survey, an average Jefferson County household spends $485 of their net monthly wages on health care, $759 on food, $835 on home supplies, and $306 on clothing and personal care items. These expenses exceed the median income which means that an average household will accumulate $13,637 in debt per year to make ends meet. Childcare is an additional and significant expense for families living in Jefferson County. According to the Colorado Center on Law & Policy an average family with two children (one school aged and one pre-school aged) will spend an additional $1,828 a month for childcare. A single female parent caring for two children making an average annual wage and paying average annual costs of living will accumulate $36,021 in debt annually. Even a two-parent family caring for two children will need to take home $7,640 per month or gross $130,972 per year to cover home ownership and childcare costs. The high costs of living present challenges for many individuals and families in Jefferson County. These costs directly impact housing stability and present barriers for people trying to move out of homelessness. Cost of Homelessness There are many institutions that interact with people who are experiencing homelessness - from hospitals and emergency rooms, to substance use treatment centers, the criminal justice system, and social service agencies. It can be challenging to quantify the costs associated with these interactions and data specific to costs in Jefferson County is not currently available. A 2017 study1 in Orange County, California found that the average annual cost of homelessness per person was approximately $45,000. This includes all costs associated with addressing homelessness both by governmental and non-governmental entities. The costs of homelessness were driven by the top 10% of service users. Excluding the top 10% of service users lowers the average annual cost per person to approximately $10,000 per year. This study also found that the costs of homelessness decline when people are housed, especially among chronically homeless individuals who are housed in Permanent Supportive Housing (PSH) which provides both housing and supportive services on a long-term basis. While homelessness poses significant economic costs on communities, this study suggests that increasing access to housing can help to lower these costs. Similar conclusions can be drawn from a 2016 assessment2 of chronically homeless individuals in Boulder County, Colorado. This assessment was undertaken to understand the need for PSH in Boulder. Homeless providers throughout the county estimated the cost of serving people experiencing homelessness to be $43,000 per year. The cost of providing a PSH unit in Boulder is $11,700 which provides $31,600 in savings per year. 1 https://www.unitedwayoc.org/wp-content/uploads/2017/08/united-way-cost-study-homelessness-2017-report.pdf 2 https://assets.bouldercounty.org/wp-content/uploads/2017/03/permanent-supportive-housing-study-june-2016.pdf Comprehensive Count Final Report | 9 Methodology The purpose of the comprehensive homeless count was to produce an estimate of the number of people experiencing or at risk of homelessness in Jefferson County. Because of the inherent challenges with surveying people who are experiencing homelessness, and given the desire to be comprehensive, multiple methods were used. There were two primary methods of data collection: 1. Service-based - throughout the month of August, twenty-nine agencies serving people who are homeless or at risk of homelessness administered surveys to clients when they were seen for services 2. Street outreach - during the week of August 19-23, teams of community volunteers accompanied by law enforcement surveyed people in different areas throughout the county Led by the Steering Committee, many county and community partners collaborated on outreach, volunteer recruitment, logistics, coordination, and methodological decisions. In addition, during the planning process The OMNI Institute (OMNI) provided guidance and technical assistance. Agency staff and community volunteers were asked to attend an hour-long training prior to the start of data collection. Multiple trainings were held across the county and included an overview of the survey instrument and information on best practices for administering the survey. The survey instrument was developed in consultation with OMNI and was revised based on input from service providers in Jefferson County. The survey included questions about demographics, characteristics, and service utilization and was available in both English and Spanish. A mobile version of the survey instrument was developed using a web-based application, Qualtrics, that could be accessed on any cell phone or tablet. See Appendix A for the full survey instrument. Data Entry and Cleaning OMNI staff completed data entry for all paper survey data. The research team completed significant data checking procedures to identify data entry and logic errors. For example, researchers looked for patterns in missing data and out of range or incorrect values. Duplicates Because data collection spanned a full month, duplicate surveys were expected. To ensure that the final estimates represented unduplicated counts, the survey instrument included a question about previously completing the survey and asked for identifying information (first three letters of first name, first three letters of last name, and date of birth) for deduplication purposes. A PIN number was created for each individual using the provided identifying information. Duplicate cases were identified using the PIN number in combination with other variables in the datafile. Several iterations of duplicate identification were then performed based on varying combinations of name and date of birth to further identify duplicate cases that did not end up with Comprehensive Count Final Report | 10 the exact same PIN number due to spelling errors or mis-typed information. Duplicates were also flagged based on respondents indicating that they had already completed the survey. The duplicate record with the most complete information was kept in the final dataset. If duplicate records contained a similar amount of information, the record completed later in the month, when housing may be less stable, was kept in the final dataset. Summary of Excluded Data After receiving all the surveys, OMNI conducted a thorough cleaning process to prepare the data for analysis. Records were removed for six reasons: 1. The individual did not meet the definition of homelessness 2. The individual stayed or slept outside of Jefferson County 3. The record was identified as a duplicate 4. The record had insufficient identifying information for deduplication 5. Homeless status could not be determined 6. The record had insufficient household information The following table summarizes the number of records in the raw data file, the number removed, and the number remaining the final dataset. Number Total in raw data file 2,125 Number removed and reason Individual is not homeless 416 Individual stayed or slept outside Jefferson County 310 Duplicate 136 Insufficient identifying information 131 Homeless status could not be determined 121 Insufficient household information 14 Total removed 1,128 Total remaining in dataset 997 For additional information about excluded data, please see the Data Quality Report which includes breakdowns by data collection method, city, and agency and offers recommendations for future surveys. Comprehensive Count Final Report | 11 Limitations and Considerations Due to the transient nature of the population and the diverse geographic area of Jefferson County, it is extremely difficult to capture everyone who is experiencing homelessness in a single survey. The results included in this report represent a "snapshot" of the homeless population during the month of August 2019 and may not represent fluctuations in this population seasonally or over time. In addition, there are many reasons that individuals experiencing homelessness may not wish to complete a survey and may refuse or actively avoid participation. Because of these inherent challenges, the survey results should be considered an underrepresentation of homelessness in Jefferson County. The survey was dependent upon self-reporting, which may impact the data. Individuals may be unwilling to disclose certain information or may not realize that they meet the criteria for a specific condition. Individuals with disabling conditions, such as those included on the survey, may experience stigma associated with these conditions, which may lead to underreporting. Also, individuals may not consider themselves to be homeless and this may be reflected in their survey responses. The methodology also relied on participation from service providers and volunteers across Jefferson County. While participation was high, some agencies were not able to administer the survey. Furthermore, individuals whose housing is unstable but who are not currently seeking out services may be less likely to have been captured on this survey. While the survey is most likely to be an underrepresentation of the homeless population in Jefferson County, the methodology still represents the most comprehensive approach available. The results of this survey should be examined alongside other available data sources when trying to understand the population of people experiencing homelessness in Jefferson County. Comprehensive Count Final Report | 12 Findings Across Jefferson County, there were 997 people experiencing homelessness in August 2019. Within this group, 668 met the HUD definition of literal homelessness meaning that they were living in an emergency shelter, transitional housing, or in a place not meant for human habitation. The 997 people experiencing homelessness will be the primary focus of the findings discussed in this section. It is important to note that there were 289 additional survey respondents who met all the inclusion criteria except that they reported sleeping or staying outside of Jefferson County. Because the focus of this report is on Jefferson County, these individuals are not included in the analysis. However, homelessness does not occur in isolation within specific geographic boundaries. People experiencing homelessness spend time and receive services in multiple counties. Because of this, it is important to consider this group when trying to understand the population experiencing homelessness in Jefferson County. See Appendix D for additional information about individuals who slept outside of Jefferson County. HUD groups individuals into one of three "household types" - households without children; households with at least one adult and one child; and households with only children. There were 707 households experiencing homelessness. The majority of households (86%) did not include children. were households without children were households with at least one adult and one child were households with only children 86%14%<1% Household Type Number Percent Households without children 605 86% Households with at least one adult and one child 99 14% Households with only children 3 <1% Comprehensive Count Final Report | 13 Participants reported where they slept or stayed for most of the last three nights. These responses were grouped into sheltered and unsheltered sleeping locations. Sheltered locations included hotels/motels, housing with friends, emergency shelters, apartments/houses, transitional housing, and institutional settings. Unsheltered sleeping locations included sleeping on the street, in a vehicle, or in any other place not meant for human habitation. The unsheltered category included responses in the "Other" category3. 52% of respondents were unsheltered and 48% were sheltered. 3 Other housing situations included sleeping at work, churches, or in storage. 4 Sleeping location meets the HUD definition of literal homelessness that is used during the annual PIT count Unsheltered Sleeping Location Number Percent Total unsheltered4 516 52% On the street/sidewalk/encampment/under a bridge/park 303 30% In a car or other vehicle 200 20% Other3 13 1% Sheltered Sleeping Location Number Percent Total sheltered 481 48% Hotel/motel that you pay for 143 14% With a friend/family member in housing that they rent/own 121 12% Emergency, youth, or domestic violence shelter4 80 8% Hotel/motel paid for by a voucher4 53 5% An apartment/house that you rent/own with no housing subsidy 42 4% Transitional housing4 19 2% An apartment/house that you rent/own with housing subsidy 13 1% Institutional setting 10 1% Comprehensive Count Final Report | 14 Participants reported the city where they slept or stayed for most of the last three nights. The following table summarizes information about survey participants and includes information about the population of each city. The city population data comes from the 2018 census data5, the most recent year available. The city of Lakewood had the highest percentage of people experiencing homelessness, with 49% of individuals reporting that they stayed there in August. Arvada had the second highest percentage of people experiencing homelessness (19%). Lakewood and Arvada are the two most populous cities in the county comprising 27% and 21% of the Jefferson County population respectively. Homeless Population City Population Percent of City Experiencing Homelessness City Number Percent (of participants) Number Percent (of county) Lakewood 486 49% 156,798 27% 0.3% Arvada6 189 19% 120,492 21% 0.2% Wheat Ridge 93 9% 31,400 5% 0.3% Unincorporated Jefferson County 82 8% 131,4687 23% 0.1% Golden 42 4% 21,254 4% 0.2% Westminster6 39 4% 113,479 20% <0.1% Edgewater 14 1% 5,342 1% 0.3% City not reported 31 3% not available not available Other8 21 2% not available not available See Appendix C for summary tables containing information about each city in Jefferson County. 5 https://www.census.gov/quickfacts 6 Arvada and Westminster are in both Jefferson and Adams County. Zero people reported sleeping in the Adams County area of Arvada. Thirty-nine people reported sleeping in the Adams County area of Westminster. These additional records are not reported in this table, but are included in the Westminster summary table found in Appendix C. 7 The population for Unincorporated Jefferson County was calculated based on the total Jefferson County population minus the sum of the other city populations (580,233 - 448,765 = 131,468). 8 Other cities people reported staying or sleeping in were Morrison and Pine. Comprehensive Count Final Report | 15 Demographics This section provides information on the demographics of the surveyed population of individuals experiencing homelessness and also includes comparison data from the general population of Jefferson County. The data for the general population comes from the 2018 census data9, the most recent year available. For this comparison, only the demographic categories that matched between the survey data and census data are included. Age Respondents reported the date of birth for each household member, which were used to calculate the exact age of each person. Ages ranged from 0 to 98 with an average age of 37 years old. Age was then further categorized into four groups: Children (under age 18), Young adults (ages 18 to 24), Adults (ages 25 to 64) and Seniors (ages 65 years or older). The majority were Adults (67%) followed by Children (16%). The following graph compares the distribution of ages in the general Jefferson County population and in the survey population. Compared to the general population, people who were experiencing homelessness were more likely to be adults and less likely to be children or seniors. 9 https://www.census.gov/quickfacts 4% 67% 8% 16% 17% 56% 8% 20% Seniors (ages 65+) Adults (ages 25-64) Young adults (ages 18-24) Children (under 18) Jefferson County Homeless Population Age Number Percent Children (under age 18) 158 16% Young adults (ages 18-24) 78 8% Adults (ages 25-64) 665 67% Seniors (ages 65+) 44 4% Not reported 52 5% Comprehensive Count Final Report | 16 Gender The percentage of people who identified as male (55%) was greater than the percentage of people who identified as female (42%). Additionally, compared to the general population of Jefferson County, the percentage of people identifying as male was higher among the homeless population. This means that survey respondents who identify as male are disproportionally impacted by homelessness compared to those who identify as female. 10 Does not identify as exclusively male or female 42% 55% 50% 50% Female Male Jefferson County Homeless Population Gender Number Percent Male 544 55% Female 423 42% Transgender 4 <1% Gender non-conforming10 1 <1% Don't identify 1 <1% Not reported 24 2% Comprehensive Count Final Report | 17 Race and Ethnicity Sixty-three percent of people experiencing homelessness reported their race as White and more than half reported their ethnicity as Non-Hispanic/non-Latinx (57%). Compared to the general population of Jefferson County, the homeless population was more likely to be a member of a racial or ethnic minority group. People who identify as Hispanic or Latinx make up 15.5% of the general population in Jefferson County, but represent 28% of the homeless population. Similarly, people who identify as Multi-Racial, Black, and American Indian or Alaskan Native are disproportionately impacted by homelessness. 0.3% 1% 5% 8% 11% 28% 63% 3% 0% 1% 1% 3% 16% 92% Asian Native Hawaiian/ PacificIslander American Indian/ Alaskan Native Black Multi-Racial Hispanic/Latinx White Jefferson County Homeless Population Race Number Percent White 630 63% Multi-Racial 114 11% Black 81 8% American Indian or Alaskan Native 45 5% Native Hawaiian or Pacific Islander 8 1% Asian 3 <1% Not reported 116 12% Ethnicity Number Percent Non-Hispanic/Non-Latinx 569 57% Hispanic or Latinx 279 28% Not reported 149 15% Comprehensive Count Final Report | 18 Characteristics For each household member over the age of 18, respondents were asked to report the presence of a serious mental illness, disability, substance use disorder, HIV/AIDS, or chronic health problems. Approximately two thirds of adults experiencing homelessness in Jefferson County reported at least one disabling condition (62%). The most common disabling condition was a disability (33%). Subpopulations Based on survey responses, several small but important subpopulations were identified. Approximately one in five individuals were chronically homeless and approximately one in seven were currently fleeing domestic violence. were chronically homeless were currently fleeing domestic violence were veterans were unaccompanied youth were parenting youth 11 Only includes adults over age 18 (n = 787) 21%15%7%4%1% Disabling Conditions11 Number Percent One or more disabling condition(s) 490 62% Disability 257 33% Serious mental illness 222 28% Chronic health problem 221 28% Substance use disorder 207 26% HIV/AIDS 5 1% Sub-Populations Number Percent Chronically homeless 214 21% Currently fleeing domestic violence11 118 15% Veteran11 55 7% Unaccompanied youth 41 4% Parenting youth 12 1% Comprehensive Count Final Report | 19 Services Needed and Received Respondents were asked to report on the types of services their household needs and receives in Jefferson County. Because these questions were asked about the household, the percentages included below are calculated out of the total number of households (707 households). The top three needs were housing assistance (66%), food (60%), and transportation assistance (34%). The top three services that households received were food (60%), medical or dental services (41%), and mental health services (11%). Nineteen percent of households reported that they did not receive any services. Service Needs Services Received Number Percent Number Percent Housing assistance 467 66% 37 5% Food 425 60% 425 60% Transportation assistance 241 34% 61 9% Medical or dental services 219 31% 289 41% Shelter 196 28% 61 9% Help to find a job 158 22% 38 5% Mental health services 132 19% 76 11% Help getting personal identification 103 15% 47 7% Childcare or school services12 31 4% 22 3% Detox 23 3% 11 2% None 44 6% 132 19% Other13 110 16% 81 11% For many of the services there are more households who report needing the service compared to the number of households who report receiving the service. 12 Only 102 households (14%) included children, which is likely related to the low number of households needing and receiving childcare or school services 13 Other services include after-school programming, senior programs, cash assistance, clothing, laundry services, lockers, and showers 66%5% 34%9% 28%9% 22%5% 19%11% 15%7% 16%11% Housing assistance Transportation Shelter Help to find a job Mental health Help getting ID Other Comprehensive Count Final Report | 20 Mile High United Way operates a free, confidential, and multi-lingual help line (2-1-1) that connects individuals with resources related to health and human services. In August 2019, 288 callers identified themselves as being from Jefferson County. Their top five needs were rent payment assistance (18%), housing (16%), utility assistance (14%), shelter or transitional housing (11%), and transportation (6%). These mirror the services that have the largest gap between service needs and services received including housing assistance, transportation assistance, and shelter. Another data source that provides information about shelter related services is the Housing Inventory Count (HIC). This count takes place on the same night as the annual Point-in-Time count and is an inventory of the number of beds and units available on one night in January. The HIC provides valuable information on the supply of shelter beds available. During the 2019 HIC count, Jefferson County had 324 beds available and 255 beds filled which represents at 79% utilization rate. 35 of these beds are part of the Severe Weather Shelter Network and are not available year- round. Barriers to Services Survey respondents were also asked about barriers to accessing services. Because this question was asked about the household, the percentages included below are calculated out of the total number of households (707 households). The three most frequently reported barriers were transportation (37%), cost of services (33%), and lack of available services (31%). 14 Other barriers include not qualifying for services, needing more information about services, too long of a waitlist, and not having enough time for services Barriers Number Percent Transportation 258 36% Cost of services 233 33% Lack of available services 218 31% Lack of mailing address 123 17% Credit history 123 17% Mental health 97 14% Shelter policies 69 10% Criminal background 68 10% Lack of personal identification 68 10% Substance use 49 7% Being on parole or protective orders 46 7% Pet or service animal 45 6% Lack of interest in services 23 3% Lack of culturally competent services 15 2% Language barrier 12 2% None 69 10% Other14 137 19% Comprehensive Count Final Report | 21 Duplicate Data During the deduplication process, there were 240 records that were identified as duplicates. These 240 records represent 87 households who completed the survey more than once. Characteristics of these households were analyzed to understand the frequency of service provision and how sleeping location and city changed over time. Of the 87 total households, 55 households (63%) completed surveys with two different agencies and 6 households (7%) completed surveys with three different agencies. The majority of households (67 households, 77%) reported the same sleeping location on all surveys, however 20 households (23%) reported sleeping in different locations. Similarly, most duplicate households slept in the same city (65 households, 75%), with only 22 households (25%) moving between cities. It may seem counterintuitive that a greater number of households reported sleeping in different cities than different sleeping locations. This is because some households slept in the same type of sleeping location (e.g., in a vehicle, in a hotel or motel) in two different cities during the month of August. Comprehensive Count Final Report | 22 Additional Sources of Data Homeless Management Information System (HMIS) The Homeless Management Information System (HMIS) is a software application designed to record and store client-level information on the characteristics and service needs of individuals experiencing homelessness. Homeless assistance providers use HMIS to coordinate care, manage their operations, and better serve their clients. While there is no formal definition of homelessness associated with HMIS, it is used by organizations that provide direct services to people experiencing homelessness. Within Jefferson County, there are two agencies that use HMIS - Family Tree and Jefferson Center15. Metro Denver Homeless Initiative (MDHI) manages the HMIS system and provided an extract for all clients enrolled during the month of August. 447 people 231 adults 216 children Family Tree and Jefferson Center also participated in the service-based data collection and completed surveys during the month of August. Because of this, it is likely that there are some individuals who are represented in both the HMIS data and survey data. Identifying information was not available in the HMIS data which prevented deduplication. Furthermore, HMIS is not used by all agencies in Jefferson County so in isolation it doesn't provide a complete picture of who receives services. However, taken with the other sources of data available within this report the HMIS data provides valuable information about homelessness in Jefferson County. The following summarizes information about individuals who were enrolled in a program at Family Tree or Jefferson Center during the month of August 2019: • Age - 48% Children (under 18), 8% Young adult (ages 18-24), 42% Adult (ages 25-64), and 2% Seniors (ages 65+) • Gender - 60% Female, 39% Male, <1% Trans female • Ethnicity - 39% Hispanic/Latinx, 61% Non-Hispanic/Non-Latinx • Race - 66% White, 22% Black or African American, 8% Multi-Racial, 3% American Indian or Alaska Native, 1% Asian • Characteristics (adults only) - 71% Physical disability, 55% Mental health condition, 27% Chronic health problem, 12% Substance use disorder, 6% Developmental disability, 2% HIV/AIDS • Subpopulations - 7% Currently fleeing domestic violence 15 Family Tree is a non-profit human services agency that provides services designed to end child abuse, domestic violence, and homelessness. Jefferson Center is a non-profit community-focused mental health care and substance use services provider. Comprehensive Count Final Report | 23 The HMIS data describes the characteristics of individuals who received services at Family Tree or Jefferson Center during the month of August. When considering the HMIS data in comparison to the survey data, it should be noted that there is a higher percentage of children (48% vs. 16%), people identifying as female (60% vs. 42%), and people identifying as Hispanic/Latinx (39% vs. 28%) in the HMIS data. 2019 Point-in-Time (PIT) Count The Metro Denver Point-in-Time (PIT) count is an annual survey of people experiencing homelessness. The 2019 PIT count took place on January 28, 2019. PIT counts are required by the United States Department of Housing and Urban Development (HUD) as a condition of applying for HUD homeless assistance funds. The count only includes individuals who meet the HUD definition of literal homelessness. Literal homelessness is defined as people living in an emergency shelter, transitional housing, or with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground. 434 people 283 adults 151 children The following summarizes information about who was counted in Jefferson County as part of the PIT in 2019: • Age - 35% Children (under 18), 4% Young adult (ages 18-24), 58% Adult (ages 25-64), and 3% Seniors (ages 65+) • Gender - 46% Female, 51% Male, 1% Transgender • Ethnicity - 20% Hispanic /Latinx, 47% Non-Hispanic/Latinx • Race - 61% White, 12% Black or African American, 8% Multi-Racial, 4% American Indian or Alaska Native, 3% Native Hawaiian or Other Pacific Islander, 1% Asian • Characteristics (adults only) - 28% Mental health issue, 24% Substance use disorder, <1% HIV/AIDS • Subpopulations - 12% Chronically homeless, 12% Currently fleeing domestic violence, 8% Veteran, 5% Unaccompanied youth, 0% Parenting youth There are differences in the population surveyed for the current report and who was reached in Jefferson County for the Metro Denver PIT in 2019. For example, there were higher percentages of children (35% vs. 16%) and lower percentages of people who identified as Hispanic/Latinx (20% vs. 28%) in the Metro Denver PIT. 16 In addition, fewer people meeting the definition for literal homelessness were counted during the Metro Denver PIT (434 vs. 668). These differences highlight that both assessments provide only a snapshot of people experiencing homelessness in an area at any given time and that methodological changes can impact the population that is reached for survey. 16 Note that differences reported are observations and have not been tested for statistical significance. Comprehensive Count Final Report | 24 McKinney-Vento Education for Homeless Children and Youth (EHCY) Program The McKinney-Vento Education for Homeless Children and Youth (EHCY) program is administered by the US Department of Education to allocate McKinney-Vento funding annually to states. The goal of EHCY program is to ensure that homeless children and youth have equal access to the same free and appropriate public education. The McKinney-Vento Act defines homeless children and youth as those who lack a fixed, regular, and adequate nighttime residence. 3,135 children and youth For the EHCY program, the number of homeless children and youth enrolled and served in public schools must be reported by each district. For the 2017-2018 school year, there were 63 counties in Colorado who reported the number of homeless children and youth. Compared to other counties, Jefferson County reported the second highest number of homeless children and youth with a total of 3,135. The majority of homeless children and youth (80%) were living in doubled-up housing arrangements due to economic hardship. Nine percent lived in hotels or motels, eight percent lived in shelters, transitional housing, or are awaiting foster care, and three percent were unsheltered. The comprehensive homeless count was conducted at the start of the 2019-2020 school year while Jefferson County School District was migrating to a new computer system. This made it difficult for the school district's homeless liaisons to conduct the survey. This logistical challenge and the differences in data captured through the EHCY program highlight the possibility that there may be many more children in unstable housing conditions that were not captured in the comprehensive count. Interpretation of data in the current report should consider the possibility that there is a higher percentage of children in the community in need of stable housing and related services than are captured in this report. 2019 #RealCollege Survey The #RealCollege Survey is an annual assessment of basic needs insecurity among college students. The survey is administered at two- and four-year institutions across the United States by The Hope Center for College, Community, and Justice at Temple University. Red Rocks Community College participated in the 2019 survey. During the fall semester the survey was distributed to approximately 6,600 students and 148 students participated. To measure homelessness, the survey asked a series of questions that align with the definition of homelessness based on the McKinney Vento Act. 21% of survey respondents reported experiencing homelessness in the previous year. Red Rocks Community College participated in the comprehensive count; however, survey administration wasn’t focused on students who may be experiencing homelessness. Because of this, most college students surveyed during the comprehensive count did not meet the definition of homelessness. College students are likely underrepresented in the comprehensive count and the #RealCollege survey helps fill a critical gap in knowledge about homelessness among this population. Comprehensive Count Final Report | 25 Stories from Survey Volunteers After the comprehensive homeless count was complete, Jefferson County collected stories from survey volunteers about the individuals they surveyed during the month of August. Eleven volunteers shared 17 stories. The stories fell into three main themes: unstable housing, challenges with mental health or other health issues, and inability to afford high rent or upfront costs. Names and other identifiers have been changed or removed. Unstable housing was mentioned eight times, volunteers shared that some people would be living with friends or family temporarily or would be uncertain of where they would be sleeping in the future. " 'Dick and Jane' were a young married couple ... Towards the end of the summer, as temperatures were steadily dropping, I asked them what they were going to do or where they were going to go in the fall. Dick said that they were going to go stay with his mother in her apartment in Aurora. They were both optimistic that the move would be good for them and that they could help out his mom as well. Finally, after the first freeze, Dick and Jane did leave and we didn’t see them for a few weeks. Unfortunately, their move was not permanent… " "I was a volunteer in the count in Lakewood and there is a young adult at one of the hotels that we visited who had a story. It was her, her mother and father, and a niece and nephew that were staying in the hotel. They were homeless for most of the year on and off. The only income they relied on was the father's Social Security. And that was not enough for all five of them to live off of. The day that I surveyed her, it was to be their last night there because they could not afford another night." Mental health and other health issues were mentioned in six stories recalled by volunteers. In some stories, health issues were also directly related to the loss of housing or a housing opportunity. " 'Harry' is a disabled veteran who began the shower truck season with us, but then left for a short time in the middle of the summer to go back to the V.A.17 for some type of health-related issue. When he returned, it was like the difference between night and day! …As the summer wore on, Harry spent more and more time just sleeping out under a tree… " "An older gentleman was holding a sign on the median of an underpass in Lakewood. He was very friendly and well-spoken. He told us that he had a great job, nice home, and was married to the love of his life. She was diagnosed with cancer and the bills for her medical treatment drained his savings. When she passed, he had nothing left and has been on the streets since." "One family I interviewed had a section 8 voucher but had been unable to find housing. I knew the family as frequent utilizers of the severe weather motel system. From my perspective, I didn't think they had much chance of finding housing. She was in a wheelchair due to loss of part of her feet to frostbite and couldn't get around town to look at apartments very easily…I heard later that the voucher did expire, and she lost the housing opportunity." 17 US Department of Veterans Affairs Comprehensive Count Final Report | 26 Inability to afford rent or upfront cost was a common challenge mentioned five times in stories from volunteers and was related to people living in motels/hotels and unstable housing. "I met a father with one of his young sons in a motel room. He told us he was trying to stay in the area so that his 2 children could stay in their school nearby. His car broke down and he was relying on buses to get to work. He could not afford to rent an apartment (first, last month rents and security deposit) plus he didn’t have a great credit rating." "One of the persons was an older man, at least in his fifties, with several health issues, including a condition that made it difficult for him to stand. Yet, he worked at [a restaurant] in Olde Town Arvada as a custodian and dishwasher. He told us he likes the job, likes his boss and feels like he works hard; however, he does not get paid enough to find a place to live. At the point we talked to him he was not homeless because he was living temporarily with a family member; however, we got the impression that he could not live there permanently. " Comprehensive Count Final Report | 27 Conclusions Local governments in Jefferson County partnered to conduct a survey to better understand homelessness in the county and to collect high quality data to inform the policies and services that are needed to prevent and address homelessness in the future. The 2019 Jefferson County comprehensive homeless count identified 997 individuals experiencing homelessness during August 2019. The survey was a success due to the hard work and dedication of the Steering Committee, service providers, community members, and volunteers across Jefferson County. The survey used an expanded definition of homelessness and attempted to understand the experiences of people who are not traditionally included in other assessments of homelessness. Even though the methodology represents the most comprehensive approach available, the results should be considered a conservative estimate of homelessness in Jefferson County. The survey results are strengthened by the other available data sources. The survey data, HMIS data, and PIT data reveal consistent themes about the experiences and challenges for a diverse population with many different needs. The McKinney-Vento data and #RealCollege survey provide unique information about populations that are likely underrepresented in the comprehensive count – children, youth, and college students. Finally, the narrative stories from survey volunteers provide important context about the impact of unstable housing, challenges with mental health or other health issues, and inability to afford rent or upfront costs. The 2019 Jefferson County count provides valuable information about the homeless population. Key takeaways gleaned through this survey include: • 997 individuals met the expanded definition of homelessness. • Half of people experiencing homelessness were unsheltered (52%). • Homelessness disproportionately impacts people of color. Compared to the general population of Jefferson County, people experiencing homelessness were more likely to be a member of a racial or ethnic minority group. • 62% of people experiencing homelessness report suffering from at least one disabling condition and 21% are chronically homeless. • There are gaps in the county in services related to housing assistance, transportation and shelter. More households report needing services in these areas compared to the number of households that report receiving services in these areas. • Transportation, cost, and lack of availability are the top three barriers to accessing services in Jefferson County. The data in this report can be used to educate the public, service providers, and policy makers about the challenges faced by people experiencing homelessness in Jefferson County and take action to prevent and address homelessness in the future. Comprehensive Count Final Report | 28 Appendix A: Survey Instrument Comprehensive Count Final Report | 29 Comprehensive Count Final Report | 30 Appendix B: Jefferson County Data Jefferson County Demographics, Characteristics, and Subpopulations Number Percent Total number of households 707 100% Household with at least one adult and one child 99 14% Household with only children 3 <1% Household without children 605 86% Total number of persons 997 100% Age Children (under 18) 158 16% Young adults (ages 18-24) 78 8% Adults (ages 25-64) 665 67% Seniors (ages 65+) 44 4% Not reported 52 5% Gender Male 544 55% Female 423 42% Transgender 4 <1% Gender non-conforming 1 <1% Don’t identify 1 <1% Not reported 24 2% Race White 630 63% Multi-Racial 114 11% Black 81 8% American Indian or Alaskan Native 45 5% Native Hawaiian or Pacific Islander 8 1% Asian 3 <1% Not reported 116 12% Ethnicity Non-Hispanic or Non-Latinx 569 57% Hispanic or Latinx 279 28% Not reported 146 15% Chronically homeless 214 21% Veteran* 55 7% Domestic violence* 118 15% Serious mental illness* 222 28% Substance use disorder* 207 26% Chronic health problem* 221 28% HIV/AIDS* 5 1% Disability* 257 33% * Only includes adults over age 18 (n = 787) Comprehensive Count Final Report | 31 Jefferson County Unsheltered Sleeping Location Number Percent Total unsheltered 516 52% On the street/sidewalk/encampment/under a bridge/park 303 30% In a car or other vehicle 200 20% Other 13 1% Sheltered Sleeping Location Number Percent Total sheltered 481 48% Hotel/motel that you pay for 143 14% With a friend/family member in housing that they rent/own 121 12% Emergency, youth, or domestic violence shelter 80 8% Hotel/motel paid for by a voucher 53 5% An apartment/house that you rent/own with no housing subsidy 42 4% Transitional housing 19 2% An apartment/house that you rent/own with housing subsidy 13 1% Institutional setting 10 1% City Number Percent Lakewood 486 49% Arvada 189 19% Wheat Ridge 93 9% Unincorporated Jefferson County 82 8% Golden 42 4% Westminster 39 4% Edgewater 14 1% City not reported 31 3% Other 21 2% Youth Subpopulations Number Percent Unaccompanied youth 14 1% Parenting youth 21 2% Comprehensive Count Final Report | 32 Service Needs Services Received Number Percent Number Percent Housing assistance 467 66% 37 5% Food 425 60% 425 60% Transportation assistance 241 34% 61 9% Medical or dental services 219 31% 289 41% Shelter 196 28% 61 9% Help to find a job 158 22% 38 5% Mental health services 132 19% 76 11% Help getting personal identification 103 15% 47 7% Childcare or school services 31 4% 22 3% Detox 23 3% 11 2% None 44 6% 132 19% Other 110 16% 81 11% Jefferson County Services Needed and Received Barriers to Services Number Percent Transportation 258 36% Cost of services 233 33% Lack of available services 218 31% Lack of mailing address 123 17% Credit history 123 17% Mental health 97 14% Shelter policies 69 10% Criminal background 68 10% Lack of personal identification 68 10% Substance use 49 7% Being on parole or protective orders 46 7% Pet or service animal 45 6% Lack of interest in services 23 3% Lack of culturally competent services 15 2% Language barrier 12 2% None 69 10% Other 137 19% Comprehensive Count Final Report | 33 Appendix C: City Data Arvada Demographics, Characteristics, and Subpopulations Number Percent Total number of households 125 100% Household with at least one adult and one child 24 19% Household with only children 2 2% Household without children 99 79% Total number of persons 189 100% Age Children (under 18) 43 23% Young adults (ages 18-24) 18 20% Adults (ages 25-64) 115 61% Seniors (ages 65+) 3 2% Not reported 10 5% Gender Male 100 53% Female 84 44% Transgender 2 1% Gender non-conforming 0 0% Don’t identify 0 0% Not reported 3 2% Race White 113 60% Multi-Racial 31 16% Black 16 8% American Indian or Alaskan Native 7 4% Native Hawaiian or Pacific Islander 2 1% Asian 0 0% Not reported 20 11% Ethnicity Non-Hispanic or Non-Latinx 109 58% Hispanic or Latinx 61 32% Not reported 19 10% Chronically homeless 54 29% Veteran* 8 6% Domestic violence* 26 19% Serious mental illness* 41 30% Substance use disorder* 38 28% Chronic health problem* 37 27% HIV/AIDS* 2 2% Disability* 39 29% * Only includes adults over age 18 (n = 136) Comprehensive Count Final Report | 34 Service Needs Services Received Number Percent Number Percent Housing assistance 85 68% 7 6% Food 82 66% 82 66% Transportation assistance 48 38% 13 10% Medical or dental services 35 28% 62 50% Shelter 32 26% 22 18% Help getting personal identification 24 19% 5 4% Mental health services 20 16% 12 10% Help to find a job 19 15% 7 6% Childcare or school services 8 6% 6 5% Detox 2 2% 3 2% None 10 8% 8 6% Other 17 14% 19 15% Arvada Services Needed and Received Barriers to Services Number Percent Cost of services 44 35% Transportation 42 34% Lack of available services 33 26% Credit history 30 24% Lack of mailing address 19 15% Mental health 18 14% Criminal background 14 11% Lack of personal identification 13 10% Shelter policies 12 10% Being on parole or protective orders 12 10% Substance use 9 7% Pet or service animal 6 5% Lack of interest in services 3 2% Lack of culturally competent services 2 2% Language barrier 1 1% None 16 13% Other 29 23% Comprehensive Count Final Report | 35 Edgewater Demographics, Characteristics, and Subpopulations Number Percent Total number of households 13 100% Household with at least one adult and one child 1 8% Household with only children 0 0% Household without children 12 92% Total number of persons 14 100% Age Children (under 18) 1 7% Young adults (ages 18-24) 0 0% Adults (ages 25-64) 11 79% Seniors (ages 65+) 2 14% Not reported 0 0% Gender Male 9 64% Female 5 36% Transgender 0 0% Gender non-conforming 0 0% Don’t identify 0 0% Not reported 0 0% Race White 4 29% Multi-Racial 3 21% Black 1 7% American Indian or Alaskan Native 3 21% Native Hawaiian or Pacific Islander 1 7% Asian 0 0% Not reported 2 14% Ethnicity Non-Hispanic or Non-Latinx 9 64% Hispanic or Latinx 3 21% Not reported 2 14% Chronically homeless 5 36% Veteran* 3 23% Domestic violence* 2 15% Serious mental illness* 3 23% Substance use disorder* 5 39% Chronic health problem* 2 15% HIV/AIDS* 0 0% Disability* 6 46% * Only includes adults over age 18 (n=13) Comprehensive Count Final Report | 36 Service Needs Services Received Number Percent Number Percent Housing assistance 9 69% 0 0% Transportation assistance 8 62% 2 15% Shelter 8 62% 2 15% Food 7 54% 7 54% Mental health services 4 31% 2 15% Medical or dental services 3 23% 8 62% Help to find a job 3 23% 0 0% Help getting personal identification 3 23% 1 8% Childcare or school services 0 0% 1 8% Detox 0 0% 0 0% None 0 0% 2 15% Other 3 23% 0 0% Edgewater Services Needed and Received Barriers to Services Number Percent Cost of services 7 54% Transportation 5 38% Lack of available services 5 38% Mental health 2 15% Shelter policies 2 15% Substance use 2 15% Criminal background 1 8% Lack of personal identification 1 8% Pet or service animal 1 8% Lack of interest in services 1 8% Lack of culturally competent services 1 8% Lack of mailing address 0 0% Credit history 0 0% Being on parole or protective orders 0 0% Language barrier 0 0% None 2 15% Other 2 15% Comprehensive Count Final Report | 37 Golden Demographics, Characteristics, and Subpopulations Number Percent Total number of households 34 100% Household with at least one adult and one child 3 9% Household with only children 0 0% Household without children 31 91% Total number of persons 42 100% Age Children (under 18) 3 7% Young adults (ages 18-24) 4 10% Adults (ages 25-64) 31 74% Seniors (ages 65+) 1 2% Not reported 3 7% Gender Male 29 69% Female 12 29% Transgender 0 0% Gender non-conforming 0 0% Don’t identify 1 2% Not reported 0 0% Race White 28 67% Multi-Racial 4 10% Black 3 7% American Indian or Alaskan Native 2 5% Native Hawaiian or Pacific Islander 0 0% Asian 0 0% Not reported 5 12% Ethnicity Non-Hispanic or Non-Latinx 26 62% Hispanic or Latinx 11 26% Not reported 5 12% Chronically homeless 9 21% Veteran* 2 6% Domestic violence* 5 14% Serious mental illness* 14 39% Substance use disorder* 13 36% Chronic health problem* 8 22% HIV/AIDS* 0 0% Disability* 13 36% * Only includes adults over age 18 (n = 36) Comprehensive Count Final Report | 38 Service Needs Services Received Number Percent Number Percent Housing assistance 19 56% 0 0% Food 15 44% 15 44% Shelter 15 44% 1 3% Medical or dental services 12 35% 11 32% Transportation assistance 10 29% 3 9% Mental health services 9 26% 3 9% Help to find a job 8 24% 1 3% Help getting personal identification 5 15% 1 3% Childcare or school services 0 0% 0 0% Detox 0 0% 0 0% None 2 6% 14 41% Other 7 21% 3 9% Golden Services Needed and Received Barriers to Services Number Percent Transportation 13 38% Credit history 12 35% Lack of mailing address 11 32% Lack of available services 9 26% Cost of Services 8 24% Criminal background 6 18% Being on parole or protective orders 6 18% Shelter policies 5 15% Mental health 4 12% Lack of personal identification 4 12% Substance use 2 6% Pet or service animal 2 6% Lack of interest in services 2 6% Lack of culturally competent services 2 6% Language barrier 1 3% None 4 12% Other 4 12% Comprehensive Count Final Report | 39 Lakewood Demographics, Characteristics, and Subpopulations Number Percent Total number of households 337 100% Household with at least one adult and one child 48 14% Household with only children 0 0% Household without children 289 86% Total number of persons 486 100% Age Children (under 18) 77 16% Young adults (ages 18-24) 32 7% Adults (ages 25-64) 328 67% Seniors (ages 65+) 22 5% Not reported 27 6% Gender Male 273 56% Female 194 40% Transgender 2 <1% Gender non-conforming 1 <1% Don’t identify 0 0% Not reported 16 3% Race White 302 62% Multi-Racial 62 13% Black 36 7% American Indian or Alaskan Native 20 4% Native Hawaiian or Pacific Islander 4 1% Asian 1 <1% Not reported 61 13% Ethnicity Non-Hispanic or Non-Latinx 246 51% Hispanic or Latinx 158 33% Not reported 82 17% Chronically homeless 97 20% Veteran* 25 7% Domestic violence* 54 14% Serious mental illness* 116 30% Substance use disorder* 109 29% Chronic health problem* 110 29% HIV/AIDS* 1 <1% Disability* 125 33% * Only includes adults over age 18 (n=382) Comprehensive Count Final Report | 40 Service Needs Services Received Number Percent Number Percent Housing assistance 236 70% 22 7% Food 216 64% 216 64% Transportation assistance 118 35% 28 8% Medical or dental services 109 32% 142 42% Shelter 101 30% 26 8% Help to find a job 88 26% 22 7% Mental health services 72 21% 43 13% Help getting personal identification 48 14% 36 11% Detox 18 5% 8 2% Childcare or school services 11 3% 12 4% None 15 4% 60 18% Other 54 16% 39 12% Lakewood Services Needed and Received Barriers to Services Number Percent Transportation 141 42% Cost of Services 112 33% Lack of available services 111 33% Credit history 56 17% Lack of mailing address 55 16% Mental health 53 16% Criminal background 38 11% Lack of personal identification 32 9% Shelter policies 31 9% Substance use 29 9% Pet or service animal 25 7% Being on parole or protective orders 23 7% Language barrier 10 3% Lack of culturally competent services 9 3% Lack of interest in services 8 2% None 26 8% Other 61 18% Comprehensive Count Final Report | 41 Unincorporated Jefferson County Demographics, Characteristics, and Subpopulations Number Percent Total number of households 61 100% Household with at least one adult and one child 0 0% Household with only children 6 10% Household without children 55 90% Total number of persons 82 100% Age Children (under 18) 8 10% Young adults (ages 18-24) 8 10% Adults (ages 25-64) 53 65% Seniors (ages 65+) 11 13% Not reported 2 2% Gender Male 37 45% Female 44 54% Transgender 0 0% Gender non-conforming 0 0% Don’t identify 0 0% Not reported 1 1% Race White 57 70% Multi-Racial 2 2% Black 5 6% American Indian or Alaskan Native 6 7% Native Hawaiian or Pacific Islander 0 0% Asian 1 1% Not reported 11 13% Ethnicity Non-Hispanic or Non-Latinx 52 63% Hispanic or Latinx 15 18% Not reported 15 18% Chronically homeless 17 21% Veteran* 7 10% Domestic violence* 15 21% Serious mental illness* 18 25% Substance use disorder* 12 17% Chronic health problem* 19 26% HIV/AIDS* 1 1% Disability* 27 38% * Only includes adults over age 18 (n=72) Comprehensive Count Final Report | 42 Service Needs Services Received Number Percent Number Percent Housing assistance 40 66% 1 2% Food 40 66% 40 66% Medical or dental services 22 36% 20 33% Transportation assistance 19 31% 7 11% Shelter 12 20% 7 11% Mental health services 12 20% 5 8% Help to find a job 11 18% 5 8% Help getting personal identification 6 10% 2 3% Childcare or school services 2 3% 1 2% Detox 0 0% 0 0% None 6 10% 15 25% Other 8 13% 6 10% Unincorporated Jefferson County Services Needed and Received Barriers to Services Number Percent Lack of available services 26 43% Cost of Services 22 36% Transportation 19 31% Lack of mailing address 18 30% Credit history 12 20% Mental health 9 15% Lack of personal identification 5 8% Lack of interest in services 5 8% Shelter policies 4 7% Criminal background 4 7% Substance use 3 5% Being on parole or protective orders 2 3% Pet or service animal 2 3% Lack of culturally competent services 0 0% Language barrier 0 0% None 26 8% Other 7 11% Comprehensive Count Final Report | 43 18 Westminster is in both Jefferson and Adams County. To more fully represent homelessness in Westminster, this section includes the thirty-nine additional people who reported sleeping in the Adams County area of Westminster and did not meet any of the other exclusion criteria. Westminster18 Demographics, Characteristics, and Subpopulations Number Percent Total number of households 52 100% Household with at least one adult and one child 9 17% Household with only children 1 2% Household without children 42 81% Total number of persons 78 100% Age Children (under 18) 18 23% Young adults (ages 18-24) 4 5% Adults (ages 25-64) 52 67% Seniors (ages 65+) 1 1% Not reported 3 4% Gender Male 41 53% Female 35 45% Transgender 0 0% Gender non-conforming 0 0% Don’t identify 0 0% Not reported 2 3% Race White 45 58% Multi-Racial 4 5% Black 6 8% American Indian or Alaskan Native 5 6% Native Hawaiian or Pacific Islander 0 0% Asian 0 0% Not reported 18 23% Ethnicity Non-Hispanic or Non-Latinx 47 60% Hispanic or Latinx 20 26% Not reported 11 14% Chronically homeless 15 19% Veteran* 6 11% Domestic violence* 11 19% Serious Mental illness* 11 19% Substance use disorder* 19 33% Chronic health problem* 11 19% HIV/AIDS* 1 2% Disability* 10 18% * Only includes adults over age 18 (n=57) Comprehensive Count Final Report | 44 Service Needs Services Received Number Percent Number Percent Housing assistance 30 58% 0 0% Food 23 44% 23 44% Transportation assistance 16 31% 4 8% Medical or dental services 15 29% 20 38% Shelter 14 27% 1 2% Help to find a job 13 25% 2 4% Mental health services 8 15% 7 13% Help getting personal identification 7 13% 0 0% Childcare or school services 3 6% 0 0% Detox 2 4% 1 2% None 5 10% 15 29% Other 2 4% 4 8% Westminster Services Needed and Received Barriers to Services Number Percent Transportation 20 38% Cost of Services 11 21% Lack of mailing address 9 17% Lack of available services 7 13% Shelter policies 7 13% Mental health 6 12% Substance use 6 12% Credit history 5 10% Lack of personal identification 5 10% Pet or service animal 3 6% Being on parole or protective orders 2 4% Lack of interest in services 2 4% Lack of culturally competent services 2 4% Language barrier 2 4% Criminal background 1 2% None 3 6% Other 15 29% Comprehensive Count Final Report | 45 Wheat Ridge Demographics, Characteristics, and Subpopulations Number Percent Total number of households 66 100% Household with at least one adult and one child 7 11% Household with only children 1 2% Household without children 58 88% Total number of persons 93 100% Age Children (under 18) 16 17% Young adults (ages 18-24) 6 6% Adults (ages 25-64) 66 71% Seniors (ages 65+) 3 3% Not reported 2 2% Gender Male 53 57% Female 39 42% Transgender 0 0% Gender non-conforming 0 0% Don’t identify 0 0% Not reported 1 1% Race White 65 70% Multi-Racial 8 9% Black 13 14% American Indian or Alaskan Native 2 2% Native Hawaiian or Pacific Islander 0 0% Asian 0 0% Not reported 5 5% Ethnicity Non-Hispanic or Non-Latinx 64 69% Hispanic or Latinx 17 18% Not reported 12 13% Chronically homeless 19 20% Veteran* 6 8% Domestic violence* 7 9% Serious mental illness* 11 15% Substance use disorder* 14 19% Chronic health problem* 24 32% HIV/AIDS* 0 0% Disability* 31 41% * Only includes adults over age 18 (n=75) Comprehensive Count Final Report | 46 Service Needs Services Received Number Percent Number Percent Housing assistance 44 67% 5 8% Food 38 58% 38 58% Transportation assistance 23 35% 4 6% Medical or dental services 20 30% 25 38% Help to find a job 17 26% 1 2% Shelter 15 23% 2 3% Help getting personal identification 12 18% 1 2% Mental health services 10 15% 3 5% Childcare or school services 3 5% 1 2% Detox 1 2% 0 0% None 6 9% 14 21% Other 16 24% 9 14% Wheat Ridge Services Needed and Received Barriers to Services Number Percent Cost of Services 26 39% Transportation 22 33% Lack of available services 22 33% Lack of mailing address 12 18% Credit history 10 15% Shelter policies 9 14% Lack of personal identification 9 14% Pet or service animal 6 9% Mental health 4 6% Criminal background 2 3% Being on parole or protective orders 2 3% Lack of interest in services 2 3% Substance use 1 2% Lack of culturally competent services 0 0% Language barrier 0 0% None 11 17% Other 15 23% Comprehensive Count Final Report | 47 Appendix D: Slept Outside Jefferson County Data Slept Outside Jefferson County Demographics, Characteristics, and Subpopulations Number Percent Total number of households 205 100% Household with at least one adult and one child 31 15% Household with only children 1 <1% Household without children 173 84% Total number of persons 289 100% Age Children (under 18) 54 19% Young adults (ages 18-24) 24 8% Adults (ages 25-64) 189 65% Seniors (ages 65+) 10 3% Not reported 12 4% Gender Male 160 55% Female 118 41% Transgender 0 0% Gender non-conforming 1 <1% Don’t identify 0 0% Not reported 10 3% Race White 158 55% Multi-Racial 19 7% Black 30 10% American Indian or Alaskan Native 18 6% Native Hawaiian or Pacific Islander 0 0% Asian 5 2% Not reported 59 20% Ethnicity Non-Hispanic or Non-Latinx 152 53% Hispanic or Latinx 79 27% Not reported 58 20% Chronically homeless 64 22% Veteran* 25 11% Domestic violence* 34 15% Serious mental illness* 61 27% Substance use disorder* 69 31% Chronic health problem* 58 26% HIV/AIDS* 3 1% Disability* 65 29% * Only includes adults over age 18 (n=223) Comprehensive Count Final Report | 48 Service Needs Services Received Number Percent Number Percent Housing assistance 113 55% 7 3% Food 95 46% 95 46% Transportation assistance 71 35% 17 8% Medical or dental services 64 31% 72 35% Shelter 58 28% 13 6% Help to find a job 47 23% 10 5% Mental health services 46 22% 14 7% Help getting personal identification 28 14% 10 5% Childcare or school services 9 4% 4 2% Detox 6 3% 4 2% None 26 13% 56 27% Other 28 14% 26 13% Slept Outside Jefferson County Services Needed and Received Barriers to Services Number Percent Transportation 70 34% Lack of available services 60 29% Cost of Services 47 23% Lack of mailing address 36 18% Credit history 28 14% Criminal background 17 8% Lack of personal identification 17 8% Substance use 15 7% Being on parole or protective orders 12 6% Lack of interest in services 6 3% Pet or service animal 5 2% Lack of culturally competent services 4 2% Language barrier 3 1% Credit history 28 14% Criminal background 17 8% None 29 14% Other 34 17% Comprehensive Count Final Report | 49 Appendix E: Glossary Adult: Person aged 18 and older Child: Person under age 18 Chronically homeless person: Defined by HUD as a person who (1) is homeless and lives in a place not meant for human habitation, a Safe Haven, or in an emergency shelter; and (2) has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least 1 year or on at least four separate occasions in the last 3 years where the combined length of time homeless in those occasions is at least 12 months; and (3) has a disability. Chronic health problem: Conditions that last one year or more and require ongoing medical attention or limit activities of daily living or both. Cost-burdened: Defined by HUD as households that pay more than 30% of their gross income for housing. Disability: Any individual with a physical or mental impairment that substantially limits one or more major life activities. Emergency shelter: Any facility whose primary purpose is to provide temporary shelter for the homeless in general or for specific populations of the homeless and which does not require occupants to sign leases or occupancy agreements. Emergency shelter is short-term, usually for 180 days or fewer. Domestic violence shelters are typically considered a type of emergency shelter, as they provide safe, immediate housing for survivors and their children. HEARTH Act: The 2009 Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act amends and reauthorizes the McKinney-Vento Homeless Assistance Act. The Act includes several changes including consolidating grant programs, creation of a Rural Housing Stability Assistance Program, and an increase in prevention resources, HIV/AIDS: Adults who have been diagnosed with AIDS and/or have tested positive for HIV. HMIS: The Homeless Management Information System (HMIS) is a software application designed to record and store client-level information on the characteristics and service needs of homeless persons. Homeless: In this report, homelessness is defined as individuals and families living in an emergency shelter, transitional housing, those who are unsheltered, or those who don't have stable housing (not able to sleep or stay in the same place for next 14 days, does not have resources to pay for housing for next 14 days, haven't had consistent housing for last 60 days). Comprehensive Count Final Report | 50 Household without children: Households with adults only. This includes households composed of unaccompanied adults (including unaccompanied youth age 18 to 24) and multiple adults (including households with multiple youth ages 18 to 24). Household with at least one adult and one child: Households with (at least) one adult (including youth ages 18 to 24) and one child. Household with only children: Households composed exclusively of persons under age 18, including one-child households, multiple-child households, or other household configurations composed only of children. HUD: U.S. Department of Housing and Urban Development Literal homelessness: Individuals and families living in an emergency shelter, transitional housing, or with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground. McKinney-Vento Homeless Assistance Act: A United States federal law related to the education of children and youth experiencing homelessness. Specific provisions ensure the enrollment, accessibility, and educational stability for students lacking a fixed, regular, and adequate nighttime residence. Parenting youth: A youth who identifies as the parent or legal guardian of one or more children who are present with or sleeping in the same place as that youth parent, where there is no person over age 24 in the household. Permanent Supportive Housing (PSH): permanent housing with indefinite leasing or rental assistance paired with supportive services to assist homeless persons with a disability or families with an adult or child member with a disability achieve housing stability. Point-in-Time (PIT) count: HUD-required, annual count of sheltered and unsheltered homeless persons carried out on one night in the last 10 calendar days of January. Serious mental illness: Adults with a severe and persistent mental illness or emotional impairment that seriously limits a person's ability to live independently. Sheltered: Individuals who are living in hotels/motels, in housing with friends, emergency shelters, apartments/houses, transitional housing, and institutional settings. Substance use disorder: Adults with a substance use problem (alcohol abuse, drug use, or both). Survivor of domestic violence: Adults who are currently experiencing homelessness because they are fleeing domestic violence, dating violence, sexual assault, or stalking. Comprehensive Count Final Report | 51 Transitional housing: Housing in which individuals and families experiencing homelessness may live and receive supportive services that enable them to live more independently. Supportive services, which help promote residential stability, increased skill level or income, and greater self- determination, may be provided by the organization managing the housing, or coordinated by that organization and provided by other public or private agencies. Transitional housing can be provided in one structure or several structures at one site, or in multiple structures at scattered sites. Unaccompanied youth: Persons under age 25 who are not presenting or sleeping in the same place as their parent or legal guardian or their own children. Unsheltered: Individuals who are living on the streets, in abandoned buildings, storage structures, vehicles, encampments, or any other place unfit for human habitation. Veteran: Adults who have served on active duty in the Armed Forces of the United States. Youth: Persons under age 25. 1 COE.TWR.00601 AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE ESTABLISHMENT OF A REGIONAL HOMELESS NAVIGATOR TO SUPPORT AN ASSIST THOSE EXPERIENCING HOMELESSNESS 1.0 PARTIES. This Intergovernmental Agreement Concerning the Establishment of a Regional Homeless Navigator to Support and Assist Those Experiencing Homelessness (this “Agreement”), effective as of _____________, 2020 (“Effective Date”), is entered into by the following Parties (each, individually, a “Party”): 1.1. The City of Edgewater, a Colorado municipal corporation (“Edgewater”); 1.2. The City of Golden, a Colorado municipal corporation (“Golden”); and 1.3. The City of Wheat Ridge, a Colorado municipal corporation (“Wheat Ridge”). 2.0 RECITALS 2.1. The Parties are authorized by the provisions of Colo. Const. Art. XIV, §18(2)(a) and C.R.S. §§29-1-201, et. seq. to contract with one another to provide any function, service, or facility lawfully authorized to each. 2.2. The increasing number of individuals experiencing homelessness continues to be a regional issue that affects the health, safety, and welfare of each of the Parties’ communities. 2.3. The Parties have determined it would be in the best interest of all of the Parties to coordinate homelessness navigation efforts by cooperating in the establishment of a Homeless Navigator position to assist and support homeless individuals within the jurisdictional boundaries of the Parties. 2.4. In addition to assisting and supporting homeless individuals within the jurisdictional boundaries of the Parties, an essential part of the navigation efforts will be to establish and/or contribute resources to a network of Homeless Navigator positions within the region, in a collaborative approach to address the growing concerns related to homelessness. 2.5. Establishment of this Agreement will serve a public purpose and will promote the health, safety, and general welfare of inhabitants in and around the jurisdiction of the Parties. ATTACHMENT 3 2 COE.TWR.00601 3.0 TERM AND RENEWAL. 3.1. This Agreement will remain in effect through December 31, 2021, subject to the provisions of section 9.6 of this Agreement and the Parties’ right to terminate under section 8.0 of this Agreement. 3.2. This Agreement will automatically renew for up to four consecutive one-year terms, subject to the provisions of section 9.6 of this Agreement and Parties’ right to terminate under section 8.0 of this Agreement. 4.0 OBLIGATIONS OF THE PARTIES. The Parties agree to work collaboratively to coordinate homeless navigation efforts among their jurisdictions. To achieve regional homeless navigation services, the Parties agree that: 4.1. Wheat Ridge will establish and fill a Homeless Navigator position, and each of the Parties will allocate financial or staff resources to facilitate the work of the Homeless Navigator, which will include but not be limited to the following: 4.1.1 Delivering direct services to homeless individuals and families in need of services and support; 4.1.2 Providing business support for programs and projects related to providing services to individuals experiencing homelessness; 4.1.3 Establishing and supporting the planning and development of written materials and presentations; 4.1.4 Collecting and distributing information that may assist individuals experiencing homelessness and/or that would assist the Parties in developing strategic plans to combat homelessness; 4.1.5 Compiling data for special projects or reports; and 4.1.6 Establishing and maintaining collaborative partnerships with internal and external partners and resources to successfully achieve goals and objectives related to homelessness. 4.2. Edgewater and Golden will, respectively, designate one staff person as a point of contact to respond to the Homeless Navigator, other jurisdictions, regional partners, 3 COE.TWR.00601 and the community concerning issues surrounding homelessness. Each Party is responsible for updating the other jurisdictions if the designated staff person changes. 4.3. Each Party commits to allocating additional resources as it deems necessary to address the urgent needs of individuals experiencing homelessness in its community. 4.4. The Parties will support the coordination of efforts between the Homeless Navigator established pursuant to this Agreement, and Jefferson County’s Homeless Navigator and/or Coordinator positions, and/or the Homeless Navigator or similar positions that exist or may be established within the region.. 4.5. Each Party shall be solely responsible for the acts if its employees undertaken pursuant to this Agreement. Wheat Ridge shall perform its duties hereunder as an independent contractor, and not as an employee of Edgewater or Golden. Neither Wheat Ridge nor any agent or employee of Wheat Ridge, including but not limited to the individual employed by Wheat Ridge as the Homeless Navigator, shall be deemed to be an agent or employee of Edgewater or Golden. Wheat Ridge and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through Edgewater or Golden. Wheat Ridge shall pay when due all applicable employment or other taxes that may be incurred as a result of its employment of a Homeless Navigator under this Agreement. 4.6. Prior to Wheat Ridge’s employment of a Homeless Navigator pursuant to this Agreement, the Parties will collaborate in accordance with section 5 of this Agreement to create and maintain guiding documents that will act as an Operating Plan for the Homeless Navigator. 5.0 OPERATING PLAN 5.1. The initial Operating Plan must be approved in writing by the City Manager for each of the Parties prior to being adopted. Once the Operating Plan is created or amended, the most current version will be incorporated herein by reference. The Operating Plan shall contain provisions designed to ensure that each Party receives services of the Homeless Navigator within its jurisdiction that are commensurate with the participation of the Party in the costs of employing the Homeless Navigator. 4 COE.TWR.00601 5.2 The Operating Plan may be amended as needed, but all revised versions must be approved in writing by the City Manager for each of the Parties prior to the new version taking effect. 6.0 PAYMENT OBLIGATIONS 6.1 The Parties agree that the total employment costs incurred by Wheat Ridge for its employment of the Homeless Navigator will be divided between the Parties on a pro-rata basis based upon the respective populations of the Parties, as set forth by the Colorado Department of Local Affairs (“DOLA”) as its “Population Totals for Colorado Municipalities” (or any similar compilation prepared annually by DOLA) as of January 1 of each year during which this Agreement remains in effect. As of the Effective Date of this Agreement, DOLA has set forth the populations of the Parties hereto as follows: A. Wheat Ridge: 30,205 B. Golden: 18,929 C. Edgewater 5,177 6.2 Accordingly, the Parties agree that for calendar year 2020, the total employment costs incurred by Wheat Ridge for its employment of the Homeless Navigator shall be divided between the Parties as follows: A. Wheat Ridge: 55.61% B. Golden: 34.85% C. Edgewater 9.54% 6.3 For the purposes of this section, the “total employment costs” of the Homeless Navigator shall be deemed to be an amount equal to the total compensation paid to the employee, plus twenty percent (20%) of such amount to account for taxes, insurance, benefits, overhead and other indirect costs of employment. 5 COE.TWR.00601 6.4 Edgewater and Golden shall, respectively, pay to Wheat Ridge, within thirty (30) days after monthly written invoice therefore, all sums due from each to Wheat Ridge pursuant to this Agreement. 7.0 AMENDMENTS 7.1 This AGREEMENT may be amended at any time by written Agreement signed by each of the Parties to this AGREEMENT. 8.0 TERMINATION OF AGREEMENT 7.1. Wheat Ridge may terminate this Agreement by providing sixty (60) days written notice to the other Parties. Upon such termination, Edgewater and Golden shall, respectively, pay to Wheat Ridge all sums incurred by each pursuant to this Agreement through the date of termination. Any Party other than Wheat Ridge may withdraw from and terminate its participation in this AGREEMENT by providing 60 days written notice to the other Parties, and the withdrawing Party shall pay to Wheat Ridge all sums incurred by it pursuant to this Agreement through the date of termination. 9.0 GENERAL PROVISIONS 9.1 SEVERABILITY. If any provision of this AGREEMENT or the application thereof to any Party is held invalid, such invalidity shall not affect other provisions or applications of the AGREEMENT which can be given effect without the invalid provision or application, and to this end, the provisions of the AGREEMENT are declared to be severable. 9.2 NON-ASSIGNMENT. This AGREEMENT shall not be assigned by any Party. 9.3 NO THIRD PARTY BENEFICIARIES. Except as otherwise stated herein, this AGREEMENT is intended to describe the rights and responsibilities of and between the Parties and is not intended to, and shall not be deemed to, confer rights upon any persons or entities not named as Parties, limit in any way governmental immunity as 6 COE.TWR.00601 provided in § 24-10-101, et seq. C.R.S., and other limited liability statutes for the protection of the Parties, nor limit the powers and responsibilities of any other entity not a Party hereto. Nothing contained herein shall be deemed to create a partnership or joint venture between the Parties. The Parties shall be responsible for their own acts and the conduct of their respective employees without waiving any protections afforded by the Colorado Governmental Immunity Act. 9.4 BINDING EFFECT. This AGREEMENT shall inure to the benefit of, and be binding upon, the Parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this AGREEMENT. 9.5 NOTICES. Any notice or notification required or permitted by the AGREEMENT shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the notice person designated by each Party pursuant to Section 4.3 of the AGREEMENT. Such notice or notification shall be deemed to have been given when deposited in the United States mail. 9.6 TABOR COMPLIANCE; NO GENERAL OBLIGATION INDEBTEDNESS. Because this AGREEMENT may extend beyond the current fiscal year, all of the Parties understand and intend that the obligation of the Parties for committing monetary funding hereunder constitutes a current expense of the Parties payable exclusively from the Parties’ funds and appropriated each fiscal year and shall not in any way be construed to be a multi-fiscal year debt or other financial obligations within the meaning of Article X, Section 20 of the Colorado Constitution, a general obligation indebtedness of the Parties within the meaning of any provision of Article XI of the Colorado Constitution, or any other constitutional or statutory indebtedness. 9.7 GOVERNING LAW AND VENUE. This AGREEMENT shall be governed by the laws of the State of Colorado. Venue for any action arising under this AGREEMENT will be in the appropriate court for Jefferson County, Colorado. 9.8 BINDING AUTHORITY. The Parties represent and affirm that the signature page hereof accurately states the full legal name of the entity, contains all requisite 7 COE.TWR.00601 signature(s) on behalf of the Party, has been properly acknowledged by attestation, notary acknowledgment, or both. 9.9 COUNTERPARTS. This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same instrument. The Parties acknowledge and agree that the original of this AGREEMENT, including the signature page, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction of which is shown to accurately reproduce the original of this AGREEMENT, may be used for any purpose as if it were the original, including proof of the content of the original writing. 9.10 GOVERNMENT IMMUNITY. No portion of this AGREEMENT shall be deemed to constitute a waiver of any immunities the Parties, or their officers or employees may possess, nor shall any portion of this AGREEMENT be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this AGREEMENT. [SIGNATURE PAGES FOLLOW] 8 COE.TWR.00601 CITY OF WHEAT RIDGE a Colorado municipal corporation By: Name: Title: ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: _____________________ City Attorney 9 COE.TWR.00601 CITY OF GOLDEN a Colorado municipal corporation By:________________________________ Name: Title: ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: ___________________________________ City Attorney 10 COE.TWR.00601 CITY OF EDGEWATER, a Colorado municipal corporation ________________________________ Laura Keegan, Mayor ATTEST: _________________________________ Lenore Pedroza, CMC, City Clerk APPROVED AS TO FORM: ___________________________________ Thad Renaud, City Attorney July 20, 2020 WHEAT RIDGE POLICE Staff Report:Homelessness ATTACHMENT 4 County Where Individuals Spent the Night 2017 2020 Adams 157 476 Arapahoe 562 245 Boulder 600 689 Broomfield 22 26 Denver 3,336 4,171 Douglas 45 53 Jefferson 394 444 TOTAL 5,116 6,104 Metro Denver Homeless Initiative, 2017/2020 Point-In-Time Report Did you know that in the Denver metro area… •64%of the homeless are families with children •42%of the homeless are women •33%of the homeless are working Denver Foundation December 2016 Only 6% of persons experiencing homelessness stay on the street… •36%stay in a vehicle •34%stay with family or friends •14%stay in a shelter •8% stay somewhere else •3% unknown/no response Denver Foundation December 2016 Street 6% Other 94% Do people get high, become lethargic, and lose their jobs? Do people move to Colorado to legally use marijuana to self-medicate? No Probably •“Loiter" means to stand idly around, to linger, delay, or wander about, or to remain, abide, or tarry in a public place. •City of Chicago v. Morales (1999) USSC Case •Wheat Ridge City Code Sec. 16-106. -Loitering •It is unlawful for any person, with intent to interfere with or disrupt the school program or with intent to interfere with or endanger schoolchildren, loiters in a school building or on school grounds… •Wheat Ridge Parks Rules Sec. 17-33. -Camping •It shall be unlawful to camp overnight, or to park any vehicle, trailer or camper for overnight camping purposes. •Begging or Solicitation •Browne vs. City of Grand Junction (2015) •Panhandling ordinance found to be unconstitutional –1st Amendment (free speech) to ask for money Sec. 16-114. -Aggressive solicitation prohibited.No person shall engage in aggressive solicitation in any public place.Aggressive solicitation shall mean begging or soliciting accompanied by or followed immediately by one or more of the following: (a) Intentionally making any physical contact with or touching another person in the course of the solicitation without that person's consent. (b) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting. (c) Intentionally using violent or threatening gestures toward a person solicited which would cause a reasonable person to be fearful for his or her safety. (d) Intentionally using profane, threatening, or abusive language, either during the solicitation or following a refusal to make a donation, which tends to invite an immediate breach of peace. (e) Approaching or following a person for solicitation as part of a group of two (2) or more persons, in a manner and with conduct, words, or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or damage or loss of property or otherwise to be intimidated into giving money or other things of value. (Ord. No. 1342, §2, 4-11-05; Ord. No.1591 , §2, 16-114) 0 10000 20000 30000 40000 50000 60000 2015 2016 2017 2018 2019 H/T/C CFS Total CFS Calls for service regarding homeless, transients, and camps are a very small portion of our overall calls for service. 0 20 40 60 80 100 120 140 160 180 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2017 2018 2019 In the first six months of 2020, the top call for service locations have been: •American Motel (7%) •Chase Bank (38/Vance) •King Soopers (38/Sheridan) •Cousins RV (41/Youngfield) •Circle K (49/Kipling) In the first six months of 2020, the top calls for service have been: •Unwanted Party •Welfare Check •Info Medical •Ordinance Violation •Disturbance Homeless,Transient,and Camping CFS with the following problem codes: 0 2 4 6 8 10 12 14 16 18 20 Trespass Burglary Arson Assault Theft Sex Assault Indecent Exposure/Urinating in Public 2018 2019 •Directed Patrol –Crossroads Project •Directed Patrol –Greenbelt Project •Greenbelt Assessments •Meetings with CDOT •Bags of Blessings (interrupted service) •Severe Weather Shelter Network (Oct. 2020) •Clean Up •CSO Team –small debris –2 X month •Public Works –Alleys/sidewalks -5 X Month •P & R –City Properties -3-5 X Month •CDOT –as scheduling permits •Contractor –large issues –2 X Month •Support provided to focus on the following: •Defining homelessness •Legal issues •Public Safety •Systems Approach •Emergency Housing Options •Funding opportunities •Homeless Navigator •Effects of COVID-19 •Shut down of businesses, churches, non- profits, government services, restaurants, etc… •Resources extremely limited To end homelessness, a community-wide coordinated approach to delivering services, housing, and programs is needed. What is a coordinated systems approach? •A strategic and data-driven method •Allocation of resources, services, and programs that best suit those experiencing homelessness “Give a man a fish and you feed him for a day. Teach him how to fish and you feed him for a lifetime.” –Lao Tzu Local Organizations for Help: •Heading Home Jeffco •Jefferson County Homeless Coordinator •SWSN •Family Tree •Mean Street Ministry •Wheat Ridge Faith Based Coalition Memorandum TO: Mayor and City Council FROM: Patrick Goff, City Manager DATE: July 14, 2020 (for July 20, 2020 Study Session) SUBJECT: Noise Ordinance ISSUE: The City occasionally receives complaints from residents concerning loud noises or sounds in the community. The City has once again received complaints emanating from a manufacturing operation located in a planned industrial district (subsequent to significant modifications to the operations to mitigate the noise) and from a restaurant/bar located in a commercial district (subsequent to new management/ownership of the establishment). The current Wheat Ridge Code of Laws concerning unreasonable noise is qualitative in nature and is limited in scope and difficult to prove in court because it does not set an objective level by which to measure noise. This issue was last addressed with City Council at the December 16, 2019 study session and consensus was reached on the following: 1.Create a hybrid approach for a noise ordinance (i.e. set decibel level limits for industrialzoned districts and use a reasonableness standard for all other zone districts)2. Unreasonable noise is prohibited especially between the hours of 10 p.m. and 7 a.m. 3.Create a permit process for public events (live outside amplified music on patios, etc.) and special events (Carnation Festival, etc.) outside of the hours 10 p.m. to 7 a.m.4.Any unreasonable noise 50' or more from noise source is prohibited5. Provide exemptions for construction, fireworks, loading operations, homeowneractivities, road improvements and fire and police PRIOR ACTION: In 2005, City Council repealed the Disturbing the Peace Ordinance which was difficult to enforce as the only standard for noise enforcement was “sound at such a level, or at such an hour, as to disturb the peace of any other person.” Council replaced it with the current Unnecessary Noise and Disturbing the Peace Ordinance which subjects any noise/sound to a more objective standard, specifically that it will be deemed unreasonable any sound is audible twenty-five (25) or more feet from the noise or sound source. The ordinance also deals specifically with noise created in multi-unit dwellings and with trash truck pick-ups after 11:00 p.m. and before 7:00 a.m. Finally, the ordinance allows any member of the police department, who personally observes a violation, to serve as the complaining party in the prosecution of such a violation (see Code Sec. 16-103 language below in the Recommendations section of this memorandum). In 2012, City Council again took up this topic after complaints of unreasonable noise emanating from a restaurant/bar along 44th Avenue. An ordinance was drafted to amend the City’s existing Item No. 3 ordinance to create a special permit program for amplified sound at outdoor events on private property, set date and time limits and to provide a limited number of exemptions (see Attachment 1). There was some interest from Council at the time in applying a numeric decibel standard to enforce noise complaints. However, the final draft ordinance as presented to Council relied on a “reasonableness” standard. The ordinance was postponed indefinitely at the public hearing on August 27, 2012. At the September 23, 2019 special study session, a similar version of this memorandum was presented to City Council at the request of Councilmember Dozeman and former Councilmember Mathews. Resident complaints concerning unreasonable noise emanating from a manufacturing business in northwest Wheat Ridge prompted this request. After a brief discussion by City Council, consensus was reached to direct Staff to draft an ordinance with a “hybrid” approach to enforce noise complaints using both qualitative and quantitative measures, depending on zoning district. BACKGROUND: The Acoustical Society of America has noted that “Cities try different tactics to regulate noise: Survey of noise ordinances in nearly 500 of the largest communities in the U.S. shows there’s no set standard to preserving peace and quiet.” This database of noise ordinances includes decibel-based standards, plainly audible standards, nuisance standards, quite zones and restrictions based on zoning, setbacks, time-of-day regulations, and outright bans on some noise sources. Many communities rely on a combination of these regulatory approaches (see Attachments 2-6) as local examples). However, noise ordinances across the country are typically characterized as “qualitative” or “quantitative”. Qualitative noise ordinances are based upon vague standards that proscribe noise characterized by one or more adjectives, such as “unusual”, “unnecessary”, or “unreasonable”. This type of ordinance may also define certain sound related activities or specific noise sources to be annoying or disturbing and thus a violation of the ordinance. The qualitative ordinance is generally subjective in nature, and is more likely to pose constitutional issues such as vagueness and is also more likely to be subject to enforcement at the discretion of local police and to non-uniform application. Quantitative ordinances, on the other hand, proscribe noise-producing conduct by decibel levels, applying scientific standards of sound intensity and frequency. The quantitative ordinance is capable of providing non-discretionary, objective and predictable standards. Quantitative standards are more amendable to tailoring in order to meet the specific, unique needs of a local community. Following is an illustration of common noise sources: The current Wheat Ridge Code of Laws concerning unreasonable noise is qualitative in nature and is limited in scope and difficult to prove in court because it does not set an objective level by which to measure noise. However, while decibel levels may be a more scientific measure of noise, they’re also difficult to enforce. Police Officers must be trained in the use of noise meters and they have to have their calibrated equipment with them to measure sound levels. RECOMMENDATIONS: Based on City Council consensus from the December 16, 2019 study session, the following amendments to Section 16-103 of the Wheat Ridge Code of Laws are recommended: Sec. 16-103. - Unreasonable noise; disturbing the peace. (a) It is unlawful for any person to make, continue or cause to be made or to permit or assist another to make, continue or cause to be made, any unreasonable noise which, under all of the circumstances presented, would annoy, injure or endanger the comfort, repose or peace of a person of ordinary sensitivities. The following noises and circumstances shall be deemed as prima facie unreasonable: (1) Any noise or sound which is audible fifty (50) or more feet from a mobile noise or sound source. (2) Any noise or sound which is audible within a private residence that the person responsible for the sound has no right to occupy, specifically including but not limited to apartments, common interest communities and other multiunit dwelling structures. (3) Any noise, sound source or any person or group of persons engaged in loud and continuing activities which are audible fifty (50) or more feet from the noise source or at the property line of the property upon which the noise source is located or upon which such activities are taking place, continuing for a minimum of fifteen (15) minutes. (4) Any person performing or permitting the performance of trash pickup with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential uses between the hours of 10:00 p.m. and 7:00 a.m. For purposes of this paragraph, testimony that the name of a business which holds itself out as being in the business of trash hauling was written on the trash truck shall be prima facie evidence that the trash truck was owned by and under the control of the employer so identified. (b) It shall be unlawful for any person to emit or cause to be emitted any noise which leaves the premises on which it originates, crosses a property line, and enters onto any other premises in excess of the sound pressure levels during the time periods as specified in Table A. (1) The noise source shall be measured at any point along the property line or within the property line of the receiving premises to determine compliance with this section. (2) When it is determined that the ambient sound level at the receiving premises equals or exceeds the maximum allowable sound pressure level specified in Table A, then the ambient sound level is the standard which cannot be exceeded by the source. Table A: Allowable noise levels (in dBA) with time of day allowance Receptor Premises 7am-10pm/10pm-7am Source Premises Residential Commercial Industrial Industrial 55/50 65/60 80/75 (c) No person shall use or cause to be used any loudspeaker, loudspeaker system, sound amplifier or any other machine or device which produces, reproduces, or amplifies sound outside of buildings or other enclosed structures in a manner which exceeds the levels specified in section 16-103(a), without first obtaining a permit to do so. Such permit: (1) Is valid for one (1) fourteen-hour period between the hours of 8:00 a.m. and 10:00 p.m. (2) Shall not be issued for the same location more than six times during any one-year period. (3) Shall not authorize, allow, or otherwise permit the production, reproduction, or amplification of sound which exceeds seventy-five (75) dB(A) when measured from the nearest receiving property. (4) The use of any loudspeaker, loudspeaker system, sound amplifier or any other similar machine or device which is permitted pursuant to this section is subject to the following regulations: (a) The only sound permitted shall be either music or human speech or both. (b) The volume of the sound amplified pursuant to this section shall not exceed seventy-five (75) dB(A) when measured from the nearest receiving property. (c) No equipment permitted pursuant to this section shall be operated during the hours between 10:00 p.m. and 8:00 a.m. (d) Any activity or noise source conducted or caused by an activity conducted, sponsored or approved by the city shall be exempt from the requirements of this section. (e) Noise caused in the performance of emergency work for the immediate safety, health, or welfare of the community or individuals of the community, or to restore property to a safe condition following a public calamity shall not be subject to the provisions of this chapter. Nothing in this section shall be construed to permit law enforcement, ambulance, fire or other emergency personnel to make excessive noise in the performance of their duties when such noise is clearly unnecessary. (f) Any member of the police department who personally observes a violation of this section may serve as the complaining party in the prosecution of such violation, regardless of whether the officer's observation was initiated by the complaint of another party. ATTACHMENTS: 1. City of Wheat Ridge 2012 Draft Ordinance 2. State of Colorado Noise Statute 3. Jefferson County Noise Abatement 4. City of Lakewood Noise Ordinance 5. City of Arvada Noise Ordinance 6. City of Golden Noise Ordinance CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ Council Bill No. _______ Ordinance No. _________ Series 2012 TITLE: AN ORDINANCE AMENDING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority under Article XX of the Colorado Constitution, its Home Rule Charter and C.R.S. 31-15-101 et seq. to adopt and enforce requirements for the protection of public health, safety and welfare; and WHEREAS, in the exercise of this authority, the Council has previously adopted Section 16-103 of the Wheat Ridge Code of Laws concerning unreasonable noise; and WHEREAS, the Council wishes to provide an opportunity for amplified sound on private property, subject to conditions imposed to protect the interests of the surrounding neighborhood. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-103, entitled “Unreasonable noise; disturbing the peace” of the Wheat Ridge Code of Laws is amended to read as follows: (a)DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE MEANINGS INDICATED: AMPLIFIED SOUND SHALL MEAN THE OUTDOOR USE OR OPERATION ON PRIVATE PROPERTY OF ANY LOUDSPEAKER, PUBLIC ADDRESS SYSTEM, OR OTHER SOUND AMPLIFYING EQUIPMENT FOR THE PURPOSE OF GIVING INSTRUCTIONS, DIRECTIONS, TALKS, ADDRESSES OR LECTURES, OR FOR TRANSMITTING MUSIC OR SOUND TO ANY PERSONS OR ASSEMBLAGES OF PERSONS. AMPLIFIED SOUND SHALL NOT INCLUDE SOUND WHICH IS NOT AUDIBLE TWENTY-FIVE (25) OR MORE FEET FROM THE PROPERTY LINE OF THE PROPERTY UPON WHICH THE SOUND SOURCE IS LOCATED. SOUND-AMPLIFYING EQUIPMENT SHALL MEAN ANY MACHINE OR DEVICE FOR THE AMPLIFICATION OF A HUMAN VOICE, MUSIC OR ANY OTHER SOUND, OR BY WHICH THE HUMAN VOICE, MUSIC OR ANY OTHER SOUND IS AMPLIFIED. ATTACHMENT 1 -2- UNREASONABLE NOISE SHALL MEAN ANY EXCESSIVE OR UNUSUALLY LOUD SOUND, OR ANY SOUND WHICH DISTURBS THE PEACE AND QUIET OF ANY NEIGHBORHOOD OR CAUSES DAMAGE TO ANY PROPERTY OR BUSINESS. AMPLIFIED SOUND EVENT SHALL MEAN AN OUTDOOR EVENT ON PRIVATE PROPERTY AT WHICH AMPLIFIED SOUND IS PERMITTED PURSUANT TO THIS SECTION. EVENT LOCATION SHALL MEAN THE REAL PROPERTY AT WHICH AN AMPLIFIED SOUND EVENT IS HELD, EXTENDING TO THE EXTERIOR PROPERTY LINES THEREOF. IN THE CASE OF A RESIDENTIAL NEIGHBORHOOD “BLOCK PARTY” OR SIMILAR FUNCTION, THE EVENT LOCATION SHALL BE THE PUBLIC STREET USED FOR THE EVENT. (b) UNREASONABLE NOISE: GENERALLY It is unlawful for any person to INTENTIONALLY, KNOWINGLY, OR RECKLESSLY make, continue or cause to be made or to permit or assist another to make, continue or cause to be made, any unreasonable noise which, under all of the circumstances presented, would annoy, injure or endanger the comfort, repose or peace of a person of ordinary sensitivities. The following noises and circumstances shall be deemed as prima facie unreasonable IN THE CONTEXT OF THE ABOVE STANDARDS: (1) Any noise or sound which is audible twenty-five (25) or more feet from a mobile noise or sound source or from any loudspeaker, public address system, or other sound amplifying equipment in a motor vehicle in such a manner as to be plainly audible at twenty-five (25) feet. (2) Any noise or sound which is audible within a private residence that the person responsible for the sound has no right to occupy, specifically including but not limited to apartments, common interest communities and other multiunit dwelling structures. (3) Any noise, sound source or any person or group of persons engaged in loud and continuing activities which are audible twenty-five (25) or more feet from the noise source IN ANY RESIDENTIAL DISTRICT, AND FIFTY (50) OR MORE FEET FROM THE NOISE SOURCE IN ANY COMMERCIAL OR INDUSTRIAL DISTRICT or at the property line of the property upon which the noise source is located or upon which such activities are taking place, continuing for a minimum of fifteen (15) minutes. (4) Any person performing or permitting the performance of trash pickup with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential uses between the hours of 11:00 p.m. and 7:00 a.m. For purposes of this paragraph, testimony that the name of a business which holds itself -3- out as being in the business of trash hauling was written on the trash truck shall be prima facie evidence that the trash truck was owned by and under the control of the employer so identified. (c) AMPLIFIED SOUND EVENT: PERMIT REQUIRED AN OUTDOOR AMPLIFIED SOUND EVENT ON PRIVATE PROPERTY IS PERMITTED UNDER THIS SECTION UNDER THE FOLLOWING CONDITIONS: (1) THE EVENT SPONSOR MUST APPLY FOR AND RECEIVE AN ADMINISTRATIVE PERMIT FOR THE EVENT, ON FORMS PROVIDED BY THE CITY CLERK. (2) THE APPLICATION SHALL BE APPROVED, APPROVED WITH CONDITIONS, OR DENIED BY THE CITY MANAGER, AFTER REVIEW BY THE POLICE DEPARTMENT AND ANY OTHER CITY DEPARTMENT AS APPROPRIATE. (3) NO AMPLIFIED SOUND EVENT PERMIT MAY BE ISSUED FOR AN EVENT OUTSIDE OF THE HOURS OF 9:00 AM AND 9:00 PM SUNDAY THROUGH THURSDAY AND 9:00 AM AND 10:00 PM FRIDAY AND SATURDAY. WITHIN THIS TIME RANGE, AMPLIFIED SOUND EVENTS MAY BE LIMITED IN DURATION AS DETERMINED BY THE CITY MANAGER. (4) THE CITY MANAGER MAY LIMIT THE NUMBER OF AMPLIFIED SOUND PERMITS PER CALENDAR YEAR THAT MAY BE ISSUED FOR ANY SINGLE LOCATION. (5) CONDITIONS MAY BE IMPOSED ON THE PERMIT TO ADDRESS THE NATURE AND LOCATION OF THE SPECIFIC EVENT. FAILURE OF THE PERMITTEE TO COMPLY WITH THE CONDITIONS MAY RESULT IN THE PERMIT BEING REVOKED. (6) THE EVENT SPONSOR SHALL POST, AT THE EVENT LOCATION, AND HAND DELIVER FLYERS TO ALL RESIDENCES AND BUSINESSES WITHIN A 300 FOOT RADIUS OF THE EXTERIOR PROPERTY LINE OF THE EVENT LOCATION, ADVISING THE SURROUNDING NEIGHBORHOOD OF THE DATE AND PERMITTED TIMES OF THE EVENT, NO LATER THAN FOURTEEN (14) DAYS BEFORE THE EVENT. (7) THE POLICE DEPARTMENT SHALL HAVE AUTHORITY TO REQUIRE THE PERMITTEE TO REDUCE THE SOUND VOLUME, CURTAIL THE HOURS OF THE EVENT, OR CLOSE THE EVENT ENTIRELY, IF THE SOUND LEVEL AT THE EVENT, EVALUATED AT THE PROPERTY LINE OF THE COMPLAINING PARTY CONSTITUTES, IN THE POLICE DEPARTMENT’S SOUND JUDGMENT, UNREASONABLE NOISE. -4- (8) AN AMPLIFIED SOUND EVENT FOR WHICH A PERMIT HAS BEEN ISSUED SHALL BE EXEMPT FROM THE PROVISIONS OF (B)(2) AND (B)(3) OF THIS SECTION. (d) ENFORCEMENT: ANY MEMBER OF THE POLICE DEPARTMENT WHO PERSONALLY OBSERVES A VIOLATION OF THIS SECTION INCLUDING AMPLIFIED SOUND EVENTS UNDER SUBSECTION (C), may serve as the complaining party in the prosecution of such violation, regardless of whether the officer’s observation was initiated by the complaint of another party. (e) EXEMPTIONS: (1) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY BELL OR CHIME OR TO ANY DEVICE FOR THE PRODUCTION OR REPRODUCTION OF THE SOUND OF BELLS OR CHIMES FROM ANY CHURCH, CLOCK, OR SCHOOL. (2) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SOUND MADE ON PROPERTY OWNED, CONTROLLED, OR LEASED BY THE CITY, THE STATE OR THE FEDERAL GOVERNMENT OR BY ANY AGENCY OR POLITICAL SUBDIVISION THEREOF, WHEN SUCH SOUND IS MADE BY AN ACTIVITY OF THE GOVERNMENTAL BODY OR SPONSORED BY IT OR OTHERS PURUSANT TO A CONTRACT, LEASE OR PERMIT ISSUED BY THE GOVERNMENTAL BODY. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 13th day of August, 2012, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for August 27, 2012 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2012. -5- SIGNED by the Mayor on this _____ day of ___________________, 2012. _______________________________ Jerry DiTullio, Mayor ATTEST: _________________________ Janelle Shaver, City Clerk Approved as to Form _________________________ Gerald E. Dahl, City Attorney First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Colorado Noise Statute 25-12-103 - Maximum permissible noise levels. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: 7:00 a.m. to 7:00 p.m. to Zone next 7:00 p.m. next 7:00 a.m. Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) Light industrial 70 db(A) 65 db(A) Industrial 80 db(A) 75 db(A) (2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period. (3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section. (4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control. (5) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project. (6) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone. (7) This article is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the ATTACHMENT 2 specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use. (8) For the purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour. (9) In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement. (10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine-made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. Source: L. 71: p. 648, § 1. C.R.S. 1963: § 66-35-3. L. 82: (10) added, p. 424, § 1, effective March 11. L. 87: (11) added, p. 1154, § 1, effective May 20. Am. Jur.2d. See 61A Am. Jur.2d, Pollution Control, § 267. Residential development of property is not precluded when noise emanating onto property exceeds limits set forth in this section. Einarsen v. City of Wheat Ridge, 43 Colo. App. 232, 604 P.2d 691 (1979). Trier of fact to determine mode to use in measuring noise. Davis v. Izaak Walton League of America, 717 P.2d 984 (Colo. App. 1985). Applied in City of Lakewood v. DeRoos, 631 P.2d 1140 (Colo. App. 1981). Policy No. Part 3, Regulations Chapter 1, Noise Section 1 Title: Regulatory Policy Noise Abatement Effective Date April 24, 2007 Policy Custodian Sheriff’s Office Adoption/Revision Date April 24, 2007 Adopting Resolution(s): CC07-202 References (Statutes/Resos/Policies): BCC MINUTES 4/20/93; Jefferson County Zoning Resolution; §25-12-101, §16-2-201 C.R.S.; CC88-553, CC92-692, CC05-399 Purpose: To protect the peace, health, safety and welfare of Jefferson County citizens from excessive, unnecessary and unreasonable noise. Policy: Noise Abatement A. Definitions. As used in this Regulation, the following words shall mean: 1. “Residential Zone" means an area of single or multi-family dwellings where businesses may ormay not be conducted in such dwellings. The zone includes areas where multiple unit dwellings,high-rise apartment districts, and redevelopment districts are located. A residential zone mayinclude areas containing limited accommodations for transients such as motels and hotels andresidential areas with limited office development, but it may not include retail shopping facilities."Residential zone" includes educational facilities, hospitals, nursing homes, and similarinstitutions, and parks and open space. Undeveloped areas adjacent to residential zones shall bedeemed to be residential zones for purposes of this Regulation, notwithstanding the zone districtclassification of the Jefferson County Zoning Resolution. 2. "Commercial Business Zone" means an area where offices, clinics and the facilities needed toserve them are located; an area with local shopping and service establishments located withinwalking distances of the residents served; a tourist-oriented area where hotels, motels andgasoline stations are located; a large integrated regional shopping center; a business strip alonga main street containing offices, retail businesses, and commercial enterprises; a centralbusiness district; or a commercially dominated area with limited multiple unit dwellings. 3. "Industrial and Manufacturing Zone" means an area where manufacturing, processing orfabrication of any commodity, storage and warehousing, wholesale sales of equipment, suppliesand materials, repair, rental and servicing of commodities, research laboratories, motor vehiclerepair and servicing, and similar activities are conducted. 4. "Vehicle" means any device which is capable of moving itself, or being moved, from place toplace upon wheels or endless tracks; but such term shall not include any farm tractor or anyimplement of husbandry designed primarily or exclusively for use and used in agriculturaloperations or any device moved by muscular power, or moved exclusively over stationary rails ortracks or designed to move primarily through the air. 5. "Motorcycle" means every vehicle designed to travel on not more than three wheels in contactwith the ground, but not including trail bikes, dirt bikes, minibikes, go-carts, golf carts, and similarvehicles which are not designed or approved for use on public roads and highways. 6. "Muffler" means a device consisting of a series of chamber or baffle plates or other mechanicaldesign for the purpose of receiving exhaust gas from an internal combustion engine and effectivein reducing noise. 7. "dB(A)" means sound levels in decibels measured on the "A" scale of a standard sound levelmeter having characteristics defined by the American National Standards Institute, PublicationS1.4-1971. ATTACHMENT 3 8. "Ambient noise level" means the lowest sound level repeating itself during a six-minute period as measured with a sound level meter. The minimum sound level shall be determined with the noise source at issue silent, and in the same location as the measurement of the noise level of the source at issue. B. Excessive Sound Levels Prohibited 1. No person shall operate any type of vehicle, machine, or device, or carry on any activity, or promote or facilitate the carrying on of any activity which makes sound in excess of the level specified in the Permissive Noise Levels Section. 2. Exceptions apply to: a. The use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use. b. The use of property for the purpose of manufacturing, maintaining, or grooming machine-made snow. c. The use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. d. Property used for manufacturing, industrial, or commercial business purposes. e. Public utilities regulated pursuant to title 40, C.R.S. f. Oil and gas production subject to the provisions of article 60 of title 34, C.R.S. g. Any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency. h. The sound made within the terms of a fireworks display permit. i. The sound made by animals. j. The sound made by the sounding of the horn of any vehicle as a danger warning signal or by the sounding of any warning device as required by law. 3. This Regulation shall not be construed to conflict with the right of any person to maintain a private action in equity to abate a noise nuisance under the laws of the state. C. Measurement of Sound Levels 1. Sound from a vehicle operating on a public road or highway shall be measured at a distance of fifty feet from the center of the lane of travel. 2. Sound from a vehicle operating on private property or public property which is not a road or highway shall be measured twenty-five feet from the dwelling unit nearest the sound source at issue. 3. Sound from a non-vehicular source shall be measured twenty-five feet from a property line. 4. The noise shall be measured on the "A" weighing scale on sound level meter of standard design and quality and having characteristics established by the American National Standards Institute, Publication S1.4- 1971. 5. For purposes of this Regulation, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour, or twenty-five (25) miles per hour with a wind screen. 6. In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement. D. Permissive Noise Levels 1. Sound from a vehicle being operated on a public road or highway with the following speed limits shall not exceed the following as measured on the "A" weighting scale dBA: Type of vehicle Speed limit of 35 mph or less Speed limit of more than 35 mph Motorcycle manufactured before January 1, 1973 82 dBA 86 dBA Motorcycle manufactured on or after Jan. 1, 1973 80 dBA 84 dBA Vehicle with a manufacturer's gross vehicle rating of ten thousand lbs. or more, and any combination of vehicle towed by such vehicle 86 dBA 88 dBA All other vehicles 80 dBA 84 dBA 2. Sound from a vehicle being operated on private property or public property which is not a road or highway shall not exceed the following as measured on the "A" weighting scale dBA: All vehicles 78 dBA 3. Sound from a non-vehicular source located in a residential zone, shall not exceed the following limits: 7:00 A.M. until 7:00 P.M. 55 dB(A) 7:00 P.M. until 7:00 A.M. of the same day of the following day 50 dB(A) 4. Periodic, impulsive, or shrill noises are hereby declared unlawful when such noises are at or above a sound level of five dB(A) less than those listed in this Section. 5. Construction projects in residential zones shall be subject to the following permissible noise levels for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority, or if no time limitation is imposed, then for a reasonable period of time for completion of project. 7:00 A.M. until 7:00 P.M. 80 dB(A) 7:00 P.M. until 7:00 A.M. of the same day of the following day 75 dB(A) E. Vehicle Muffler Required 1. No person shall operate any where in unincorporated Jefferson County any vehicle that is not equipped with a muffler in constant operation. 2. No person shall operate any vehicle on which a muffler is not properly maintained to prevent any noise in excess of the noise emitted when the muffler was originally installed by the manufacturer of the vehicle. 3. Muffler modification prohibited. No person shall operate any where in unincorporated Jefferson County any vehicle having a muffler that has been equipped or modified with a cutoff, bypass, or any similar device or modification. F. Violations, Penalty. 1. Any person who violates any of the provisions of this Regulation commits a Class 2 Petty Offense. 2. All charges and proceeding relating to any violation of this Regulation may be cited for compliance with the penalty assessment procedures pursuant to Section 16-2-201, C.R.S., and as set forth herein. All persons who acknowledge guilt or are found guilty shall be punishable by a fine of $30.00 for each separate offense, plus customary court costs when applicable. A graduated fine schedule is to apply: a $30.00 increase for each recurring offense, beginning at $30.00 to a maximum of $300.00. 9.52.010 9-77 (Lakewood 02/24/2018) Chapter 9.52 NOISE* Sections: I. Short Title, Policy and General Definitions9.52.010 Short title. 9.52.020 Declaration of policy. 9.52.030 Definitions. II. Prohibited Noise-General Prohibition9.52.040 Unlawful to make. 9.52.050 Unlawful noises generally. 9.52.060 Bells and chimes. 9.52.070 Radios, television sets, phonographs and similar devices-Use restricted. 9.52.080 Animals or birds. 9.52.090 Exhausts-Mufflers. 9.52.100 Defect in vehicle or load. 9.52.110 Quiet zone. 9.52.120 Dynamic braking devices. 9.52.130 Truck loading. III. Prohibited Noise-Sound Level Standards9.52.140 Construction activities. 9.52.150 Power equipment. 9.52.155 Temporary exemption from ordinance. IV. Amplified Sound9.52.160 Amplified sound. 9.52.170 Application for permit to use sound-amplifying equipment in a motor vehicle. 9.52.190 Permit issuance. *Prior ordinance history: Ords. O-85-13. ATTACHMENT 4 9.52.010 (Lakewood 02/24/2018) 9-78 I. Short Title, Policy and General Definitions 9.52.010 Short title. This chapter shall be known as the Lakewood noise control ordinance. (Ord. O-86-42 § 1 (part), 1986). 9.52.020 Declaration of policy. It is declared that at certain levels, noise is detrimental to public health, comfort, convenience, safety and welfare of the citizens of the city. This chapter is enacted to protect, preserve and promote the health, welfare, peace and quiet of the citizens of Lakewood through the reduction, prohibition and regulation of noise. It is the intent of this chapter to establish and provide for sound levels that will eliminate unreasonable and excessive noise, reduce community noise, promote a comfortable enjoyment of life, property and conduct of business, and prevent sound levels which are physically harmful and detrimental to individuals and the community. (Ord. O-86-42 § 1 (part), 1986). 9.52.030 Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter. “Commercial district” means the following: (A) an area where offices, clinics and the facilities needed to serve them are located; (B) an area with local shopping and service establishments; (C) a tourist-oriented area where hotels, motels and gasoline stations are located; (D) a business strip along a main street containing offices, retail businesses and commercial enterprises; (E) other commercial enterprises and activities which do not involve the manufacturing, processing or fabrication of any commodity. “Commercial district” includes, but is not limited to, any parcel of land zoned as a convenience commercial district, a neighborhood commercial district, a community commercial district, a commercial district, a large lot commercial district or an office district, under the zoning ordinance of the city. “Commercial purpose” means and includes the use, operation or maintenance of any sound or amplifying equipment, for the purpose of advertising any business, any goods or any services, or for the purpose of attracting the attention of the public to or advertising for or soliciting the patronage of customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating any such sound equipment. “Construction activities” means any and all activity incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, structures, roads or appurtenances thereto, including land clearing, grading, excavating and filling. “Continuous noise” means a steady, fluctuating or impulsive noise which exists, essentially without interruption, for a period of ten minutes or more, with an accumulation of an hour or more during a period of eight hours. “Device” means any mechanism which is intended to produce or which actually produces sound when operated or handled. “Dynamic braking device” means a device used primarily on trucks for the conversion of the motor from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes. “Emergency work” is work made necessary to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger or potential danger. 9.52.030 9-79 (Lakewood 02/24/2018) “Industrial district” means an area in which enterprises and activities which involve the manufacturing, processing or fabrication of any commodity are located. “Industrial district” includes, but is not limited to, any parcel of land zoned as an industrial district or a planned development district with uses permitted in an industrial district under the zoning ordinance of the city. “Motor vehicle” means any vehicle, such as, but not limited to, a passenger vehicle, truck, truck-trailer, trailer or semi-trailer, propelled or drawn by mechanical power, and includes motorcycles, snowmobiles, minibikes, go-carts and any other vehicle which is self-propelled. “Muffler” means any apparatus consisting of a series of chambers or baffle plates designed for the purpose of transmitting gases while reducing sound emanating from such apparatus. “Noncommercial purpose” means the use, operation or maintenance of any sound- amplifying equipment for other than a commercial purpose. “Noncommercial purpose” means and includes, but is not limited to, philanthropic, political, patriotic and charitable purposes. “Residential district” means an area of single or multiple-family dwellings and includes areas where multiple-unit dwellings, high-rise apartments and high-density residential districts are located. “Residential district” also includes, but is not limited to, hospitals, nursing homes, homes for the aged, schools, courts and similar institutional facilities. “Residential district” includes, but is not limited to, land zoned as a large lot residential district, a small lot residential district, a duplex residential district, a high-density residential district, a medium-density residential district, or a mobile home residential district under the zoning ordinance of the city. “Sound-amplifying equipment” means any machine or device for the amplification of a human voice, music or any other sound, or by which the human voice, music or any other sound is amplified. “Unreasonable noise” means any excessive or unusually loud sound, or any sound which disturbs the peace and quiet of any neighborhood or causes damage to any property or business. (Ord. O-94-33 § 32 & 33, 1994; Ord. O-86-42 § 1 (part), 1986). 9.52.040 (Lakewood 02/24/2018) 9-80 II. Prohibited Noise-General Prohibition 9.52.040 Unlawful to make. No person shall knowingly make or continue, or cause to be made or continued, any unreasonable noise within the city. (Ord. O-86-42 § 1 (part), 1986). 9.52.050 Unlawful noises generally. The following acts, enumerated in Sections 9.52.060 through 9.52.160, are declared to cause unreasonable noises in violation of this chapter; provided, however, that the following enumeration is not in limitation of Section 9.52.040, and is not exclusive. (Ord. O-86-42 § 1 (part), 1986). 9.52.060 Bells and chimes. No person shall use, operate, cause or permit to be sounded any bell or chime, or any device for the production or reproduction of the sounds of bells or chimes, from any church, clock or school, between the hours of ten p.m. of one day and seven a.m. of the following day. (Ord. O-86-42 § 1 (part), 1986). 9.52.070 Radios, television sets, phonographs and similar devices-Use restricted. It is unlawful for any person to use, operate or permit to be played any radio receiving set, musical instrument, television, phonograph, drum or other machine or device for the production or reproduction of sound in such a manner as to cause any unreasonable noise. (Ord. O-94-33 § 34, 1994; Ord. O-86-42 § 1 (part), 1986). 9.52.080 Animals or birds. No person shall keep or maintain or permit the keeping of, on any premises owned, occupied or controlled by such person, any animal or bird otherwise permitted to be kept, which by frequent or habitual howling, barking, meowing, squawking or other noise unreasonably disturbs the peace and quiet of any neighborhood or causes discomfort or annoyance to any person. (Ord. O-86-42 § 1 (part), 1986). 9.52.090 Exhausts-Mufflers. No person shall discharge into the open air the exhaust of any steam engine, stationary internal combustion engine, air compressor equipment, motorboat, motor vehicle or other power device, which is not equipped with an adequate muffler in constant operation and properly maintained to prevent any unreasonable noise, and no such muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device. (Ord. O-86-42 § 1 (part), 1986). 9.52.100 Defect in vehicle or load. It is unlawful for any person to operate, or cause or permit to be operated or used, any automobile, truck, motorcycle or other motor vehicle so out of repair, so loaded or in such a manner as to cause any unreasonable noise. (Ord. O-94-33 § 35, 1994; Ord. O-86-42 § 1 (part), 1986). 9.52.110 9-81 (Lakewood 02/24/2018) 9.52.110 Quiet zone. The creation of any unreasonable noise is prohibited within the vicinity of any school, institution of learning, church or court while the same is in use or session, which unreasonably interferes with the workings of such institution, or within the vicinity of any hospital, nursing home or home for the aged, or which disturbs or unduly annoys patients in the hospital or residents in the nursing home or home for the aged, provided conspicuous signs are displayed in adjacent, surrounding or contiguous streets indicating that the same is a school, hospital, nursing home, home for the aged, church or court. (Ord. O-86-42 § 1 (part), 1986). 9.52.120 Dynamic braking devices. No person shall operate any motor vehicle with a dynamic braking device engaged which is not properly muffled. (Ord. O-86-42 § 1 (part), 1986). 9.52.130 Truck loading. No person shall load any garbage, trash or compactor truck, or any other truck, whereby the loading, unloading or handling of boxes, crates, equipment or other objects is conducted within a residential district or within three hundred feet of any hotel, motel, or residential district between the hours of ten p.m. of one day and seven a.m. of the following day. (Ord. O-2001-34 § 5; Ord. O-86-42 § 1 (part), 1986). 9.52.140 (Lakewood 02/24/2018) 9-82 III. Prohibited Noise-Sound Level Standards 9.52.140 Construction activities. Except as otherwise provided in this chapter, no person shall engage in, cause or permit any person to be engaged in construction activities in any residential or commercial district between the hours of nine p.m. of one day and six a.m. of the following day. Construction activities directly connected with the abatement of an emergency are excluded from the provisions of this section. (Ord. O-86-42 § 1 (part), 1986). 9.52.150 Power equipment. No person shall operate or permit to be operated on any private property, or on the public way within any residential or commercial district(s), any power equipment used for home or building repair or grounds maintenance, or any construction equipment used for construction activities, between the hours of ten p.m. of one day and seven a.m. of the next day. Such power equipment shall include, but not be limited to, lawn mowers, garden tools, snow removal equipment, electric or chain saws, pavement breakers, log chippers, riding tractors, or powered hand tools. (Ord. O-86-42 § 1 (part), 1986). 9.52.155 Temporary exemption from ordinance. A. Applications for a temporary exemption from the provisions of Sections 9.52.140 and 9.52.150 shall be made to the City Manager or his designee. B. In approving or denying a temporary exemption, consideration shall be given to effective dates, hours of operation, type of noise, location, loudness, equipment noise characteristics and public health, safety and welfare. C. Any temporary exemption approved hereunder may provide for, without limitation, a public information program prior to construction, restrictions on effective dates, hours of operation, type of noise, location, loudness, and equipment type relating to that particular activity giving rise to the relief requested. D. The City Manager shall promptly notify the City Council of each temporary exemption approved. (Ord. O-92-4 § 1, 1992). 9.52.160 9-83 (Lakewood 02/24/2018) IV. Amplified Sound 9.52.160 Amplified sound. A. No person shall use or operate any loudspeaker, public address system, or other sound-amplifying equipment for the purpose of giving instructions, directions, talks, addresses or lectures, or for transmitting music or sound to any persons or assemblages of persons, between the hours of ten p.m. of one day and seven a.m. of the following day, in such a manner as to be plainly audible at the property line. The intensity and loudness of any amplified sound, which is transmitted between the hours of seven a.m. and ten p.m. of one day, shall not be unreasonable. B. No person shall use or operate any loudspeaker, public address system, or other sound-amplifying equipment in a motor vehicle in such a manner as to be plainly audible at twenty-five feet from the motor vehicle, unless a permit has been issued by the City Clerk pursuant to Section 9.52.190 which allows such amplification. If such a permit has been issued, the intensity and loudness of any amplified sound, which is transmitted between the hours of seven a.m. and ten p.m. of one day, shall not be unreasonable. C. The provisions of this section shall not apply to any bell or chime or any device for the production or reproduction of the sound of bells or chimes from any church, clock or school. D. The provisions of this section shall not apply to sound made on property owned by, controlled by, or leased to the city, the federal government, or to any branch, subdivision, institution or agency of the government of this state or any political subdivision within it, and when such sound is made by an activity of the governmental body or sponsored by it or by others pursuant to the terms of a contract, lease, or permit granted by such governmental body. (Ord. O-2002-16 § 1, 2002; Ord. O-86-42 § 1 (part), 1986). 9.52.170 Application for permit to use sound-amplifying equipment in a motor vehicle. Any person, partnership, association, or corporation desiring to use or operate any loudspeaker, public address system, or other sound-amplifying equipment in or from a motor vehicle for either commercial or noncommercial purposes must first obtain a permit from the City Clerk. The permit may authorize the use or operation of such sound-amplifying equipment between the hours of seven a.m. and ten p.m. of one day. The application for the permit shall be filed with the City Clerk and shall provide the following information: A. The name, address and telephone number of both the owner and the user of the sound-amplifying equipment; B. The license number of the motor vehicle which is to be used; C. The general description of the sound-amplifying equipment which is to be used; D. Whether the sound-amplifying equipment will be used for commercial or noncommercial purposes; and E. The dates upon which and the streets over which the equipment is proposed to be operated. (Ord. O-86-42 § 1 (part), 1986). 9.52.190 (Lakewood 02/24/2018) 9-84 9.52.190 Permit issuance. Permits required by Sections 9.52.170 may be issued by the City Clerk if the City Clerk finds that the conditions of motor vehicle movement or pedestrian movement are such that the use of the equipment will not constitute an unreasonable interference with traffic safety, that the applicant will not violate the hour restrictions of the permit, and that the use of the sound-amplifying equipment will not disturb the peace and quiet of any neighborhood. An applicant may appeal the denial of a permit by the City Clerk to the City Manager if such appeal is filed in writing with the City Manager within seven days of the denial of said permit by the City Clerk. The City Manager or his designee shall conduct any hearing and/or review of the denial of the permit request, and his decision shall be final. The City Manager may promulgate rules and regulations or procedures to govern any such hearing and/or review. (Ord. O-2002-16 § 3, 2002; Ord. O-86-42 § 1 (part), 1986). DIVISION 2. - NOISES REGULATED Sec. 38-61. - Prohibitions—General. It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive or unusually loud noise, or to create a noise disturbance within the limits of the city. (Code 1981, § 19-11; Ord. No. 2208, § 1, 9-16-1985) Sec. 38-62. - Same—Specific. The following acts, among others, are declared to be in violation of this chapter and unlawful, but this enumeration shall not be deemed to be exclusive: (1)Alarms and bells. Sounding, operating, or permitting the sounding or operation for more thanfive minutes, or between the hours of 9:00 p.m. and 7:00 a.m., of any electronically amplified signal from any bell or chime from any clock, school, church, or governmental building. (2)Construction activities. Between the hours of 9:00 p.m. and 7:00 a.m., no person shall operate, or cause to be used or operated, any equipment used in construction activities within anyresidential or business district. Construction projects shall be subject to the maximumpermissible noise level specified for light industrial districts for the period within whichconstruction is to be completed pursuant to any applicable building permit. (3)Fireworks or explosives. The using of explosives, fireworks, or other devices which createimpulsive noise between the hours of 9:00 p.m. and 7:00 a.m. or in such manner as to cause a noise disturbance. (4)Horns and signaling devices. a.Sounding of any horn or signaling device on any truck, automobile, motorcycle, emergencyvehicle or other vehicle on any street or public place of the city except as a danger warning signal or as provided in "The Model Traffic Code." b.The provisions of this chapter shall not apply to the sounding of horns in the customarypractice of celebrating weddings or in celebrating the victory of an Arvada sports event,such as a football game, so long as such sounding of horns is within two hours of thecompletion of any such event. (5)Loading operations. Loading, unloading, opening, or otherwise handling boxes, crates, containers, garbage containers, or other objects in such a manner as to create a noisedisturbance between the hours of 9:00 p.m. and 7:00 a.m. (6)Loudspeakers, exterior. a.Using or operating a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any motor vehicle upon any street, alley, sidewalk, park, place,public or private property without first obtaining a permit. b.The provisions of this subsection shall not apply to emergency vehicles when suchemergency vehicles are responding to an emergency call or when in pursuit of an actualsuspected violator of the law, or when responding to but not returning from a fire alarm. c.The provisions of this subsection shall not apply to any bell or chime or any device for the production of the sound of bells or chimes from any church, clock, or school so long assuch sounds comply with sections 38-62(1) and 38-91. (7)Peddlers and hawkers. Selling anything by outcry within any area of the city zoned primarily forresidential uses. The provisions of this subsection shall not be construed as prohibiting the ATTACHMENT 5 selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses, and other similar licensed public entertainment events. (8) Radios, television sets, and similar devices. a. It shall be unlawful for any person to use, operate, or permit to be played, any radio receiving set, musical instrument, television, phonograph, drum, or other machine or device that produces or reproduces sound in such a manner as to be plainly audible at either the property boundary of the source of sound or through a party wall, ceiling, or floor within a building or plainly audible at 25 feet from such device when operated within a moving or parked vehicle. b. Organized practices and performances of senior high school groups shall be exempt from this section 38-62(8). c. Special events for which a special event permit is obtained from the city in accordance with the provisions of section 5.17 of article 5 of the Arvada Zoning Ordinance shall be exempt from this section 38-62(8). (9) Recreational activities, nonvehicular. The flying of model aircraft powered by internal combustion engines, whether tethered or not; or the firing or operation of model rockets or other similar noise producing devices between the hours of 9:00 p.m. and 7:00 a.m., or in such a manner as to cause a noise disturbance. (10) Vehicles, repairs or testing. Repairing, rebuilding, modifying or testing any truck, automobile, motorcycle, or other motor vehicle in such a manner as to cause a noise disturbance or violate the provisions of section 38-62(11). (11) Vehicles, standing. Operating, or permitting the operation of any motor vehicle in excess of 10,000 pounds, manufacturers gross vehicle weight, or any attached auxiliary equipment, for a consecutive period longer than ten minutes while such a vehicle is standing on a public right-of- way in a residential district or is on private property in a residential zone and is not within a completely enclosed structure. (12) Motorcycles. No person shall, nor shall the owner allow any person to operate a motorcycle manufactured after December 31, 1982, that is not equipped with an exhaust muffler bearing the federal Environmental Protection Agency required labeling applicable to the motorcycle's model year, as set out in the Code of Federal Regulations, Title 40, Volume 24, Part 205, Subpart D and Subpart E, as may be from time to time amended. Said label shall be affixed to the exhaust muffler in such a manner as to be readily visible. a. For purposes of enforcement of subsection (12), police officers may establish or determine reasonable suspicion to stop a motorcycle based on any relevant facts and circumstances concerning the unusually loud or excessive nature of the noise created or emitted by the motorcycle. This determination may be based upon, but need not be limited to, a consideration of the following factors: (i) The time of day; (ii) The proximity of the motorcycle creating or emitting the noise to any residential area, assisted living facility, nursing or care home, hospital, or public or private school; (iii) Any unusual quality associated with the noise such as, but not limited to, a loud grating, grinding, rattling, or whining sound; or (iv) Any other factors tending to show the magnitude or disruptive effect of the noise. b. Notwithstanding the language of subsection (12)a., a peace officer may enforce subsection (12) when an accident involving a motorcycle occurs, following any lawful traffic stop or contact, or during any traffic investigation. c. Testimony of the failure by any owner or operator of a motorcycle to immediately demonstrate the presence of an EPA noise label as required in subsection (12), when requested to do so by a peace officer, shall constitute prima facie evidence, at a trial concerning a violation charged under subsection (12), that the owner or operator of the motorcycle violated subsection (12). (Code 1981, § 19-12; Ord. No. 2208, § 1, 9-16-1985; Ord. No. 3171, § 1, 3-20-1995; Ord. No. 3282, § 1, 11-25-1996; Ord. No. 3729, § 1, 12-3-2001; Ord. No. 4164, 4-20-2009 ) Sec. 38-63. - Emergencies. Noise caused in the performance of emergency work for the immediate safety, health, or welfare of the community or individuals of the community, or to restore property to a safe condition following a public calamity shall not be subject to the provisions of this chapter. Nothing in this section shall be construed to permit law enforcement, ambulance, fire or other emergency personnel to make excessive noise in the performance of their duties when such noise is clearly unnecessary. (Code 1981, § 19-13; Ord. No. 2208, § 1, 9-16-1985) Sec. 38-64. - Public events. (a) An application for a permit to hold a public event which may violate the provisions of this chapter and which does not constitute a special event, as that term is defined by the provisions of the Arvada Zoning Ordinance, shall be made to the city manager or his duly authorized representative. Such permit shall be valid only at the specific times, dates, and conditions noted in the permit. An application for a permit to hold a public event which may violate the provisions of this chapter and which constitutes a special event shall be made in accordance with the provisions of section 5.17 of article 5 of the Arvada Zoning Ordinance. (b) A permit shall be deemed granted in the case of the Arvada Harvest Festival Parade and no further application will be necessary. (Code 1981, § 19-14; Ord. No. 2208, § 1, 9-16-1985; Ord. No. 3282, § 2, 11-25-1996) Sec. 38-65. - Exceptions. Noise caused in the maintenance, construction, repair, or improvement of any public road or public facility by public employees, by any person acting pursuant to a public works contract, or by any person acting under the direction or control of an employee of any public agency, shall be exempt from the provisions of this chapter. (Code 1981, § 19-15; Ord. No. 3171, § 3, 3-20-1995) Secs. 38-66—38-90. - Reserved. DIVISION 3. - COMMUNITY NOISE LEVELS Sec. 38-91. - Maximum permissible continuous sound pressure levels—General. It shall be unlawful for any person to operate or cause or permit to be operated any stationary source of noise which creates a sound pressure level that exceeds the limits set forth in Table I for more than 90 percent of any measurement period. This measurement shall not be less than ten minutes when measured at the property boundary or at any point within the property affected by the noise. TABLE I. SOUND PRESSURE LEVEL LIMIT dB(A) Day Night Use District 7:00 a.m.—9:00 p.m. 9:00 p.m.—7:00 a.m. Residential 55 50 Commercial 60 55 Light industrial 70 65 Heavy industrial 75 75 Noise levels for any PUD shall conform with this table, and shall be determined by the predominant land use as set forth in the PUD plan. This section shall not apply to property zoned PUD-CC. (Code 1981, § 19-20; Ord. No. 2208, § 1, 9-16-1985; Ord. No. 3017, § 3, 11-15-1993) Sec. 38-92. - Same—PUD-CC. For property zoned PUD-CC, it shall be unlawful for any person to operate or cause or permit to be operated any stationary source of noise which creates a sound pressure level that exceeds the limits set forth in table II for more than 90 percent of any measurement period. This measurement shall not be less than ten minutes when measured at the property boundary or at any point within the property affected by the noise. TABLE II. PUD-CC SOUND PRESSURE LEVEL LIMIT dB(A) Day Night PUD-CC Subdistrict 7:00 a.m.— 9:00 p.m. 9:00 p.m.— 7:00 a.m. A 75 75 B 55 50 C 60 55 D 55 50 E 60 55 (Code 1981, § 19-20.1; Ord. No. 3017, § 3, 11-15-1993) Sec. 38-93. - District boundaries. When a noise source can be identified and its noise is measured in more than one use district, the sound pressure level limits of the most restrictive use district shall apply at that district boundary. (Code 1981, § 19-21; Ord. No. 2208, § 1, 9-16-1985) Sec. 38-94. - Duration correction. It shall be unlawful for any person to operate or permit to be operated any stationary source of noise within any land use category which creates a fluctuating noise or is intermittent and creates a tenth percentile noise level which is more than 15 dB(A) greater than the ambient noise level, measured when the source is quiet, but in no case shall the tenth percentile level exceed 70 dB(A) in residential land use categories. (Code 1981, § 19-22; Ord. No. 2208, § 1, 9-16-1985) Sec. 38-95. - Correction for character of sound. It shall be unlawful for any person to operate or cause or permit to be operated any stationary source of noise which emits a pure tone, cyclically varying noise or repetitively impulsive noise which exceeds five dB(A) less than the limits set in section 38-91. (Code 1981, § 19-23; Ord. No. 2208, § 1, 9-16-1985) Sec. 38-96. - Exemption for school bands. The performance of any senior high school or junior high school band shall be exempt from the sound pressure level standards of this chapter. (Code 1981, § 19-24; Ord. No. 2208, § 1, 9-16-1985) Secs. 38-97—38-120. - Reserved. A T T A C H M E N T 6