Proposed Ordinance - 1/17/2023RESOLUTION NO. ____ OF 2023
Extension of Declaration of Local Emergency: Winter Overflow Shelter Overnight Occupancy
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WHEREAS, under Utah Code 53-2a-208, the chief executive of a municipality may
declare a local emergency, which local emergency may remain in effect for up to 30 days.
WHEREAS, under Utah Code 53-2a-208(6), any extension of the local emergency beyond
the initial 30 days must be with the consent of the governing body of the municipality.
WHEREAS, on December 20, 2022, Salt Lake City Mayor Erin Mendenhall issued a
Declaration of Local Emergency and Exercise of Emergency Powers No. 1 of 2022 in response to
extreme winter weather and freezing temperatures, to ensure that there are sufficient emergency
overnight overflow homeless shelter beds these freezing and extreme winter nights (“Proclamation
1 of 2022”).
WHEREAS, based on continued extreme winter weather and the need to provide
emergency shelter to individuals experiencing homelessness in Salt Lake City, the City Council
has determined that extending the duration of the local emergency is in the best interest of the
health, safety, and welfare of Salt Lake City’s residents.
NOW THEREFORE, BE IT RESOLVED by the City Council of Salt Lake City, Utah, the
following:
1. The Council approves the extension of Proclamation 1 of 2022 from the date of this
Resolution until ________, 2023, unless later extended or terminated by subsequent resolution of
the Council or unless terminated pursuant to State law.
2. Prior to the issuance of any proclamation exercising emergency powers under
Proclamation 1 of 2022, the Mayor shall provide written notification to the Council of: (a) the
specific powers the Mayor intends to exercise; (b) the justification for exercising such powers in
connection with the local emergency; and (c) the anticipated effect of the exercise of such powers,
including the anticipated cost or lost revenue to the City.
3. At any Council meeting while the local emergency is still in effect, the Council may
seek additional information from the Mayor, including the actual effect of the exercise of any
emergency powers and the actual costs or lost revenue to the City due to such exercise of powers.
4. This Resolution shall be effective immediately upon passage.
Passed by the City Council of Salt Lake City, Utah this 17th day of January, 2023.
SALT LAKE CITY COUNCIL
___________________________________
Darin Mano, Chair
ATTEST AND COUNTERSIGN:
________________________
Cindy Lou Trishman, City Recorder
Approved as to form:
Salt Lake City Attorney’s Office
__________________________
Katherine Lewis, City Attorney
Katherine Lewis (Jan 12, 2023 12:49 MST)
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SALT LAKE CITY DECLARATION OF LOCAL EMERGENCY AND EXERCISE OF
EMERGENCY POWERS
No. 1 of 2022
LEGAL FRAMEWORK
Under Utah Code 53-2a-208(1), Mayor Erin Mendenhall, as the chief executive of Salt
Lake City Corporation, may declare by proclamation a state of emergency if she finds that (a) a
disaster has occurred or the occurrence or threat or a disaster is imminent in an area of the
municipality; and (b) the municipality requires additional assistance to supplement the response
and recovery efforts of the municipality.
A disaster is defined as “an event that causes, or threatens to cause loss of life, human
suffering, public or private property damage, or economic or social disruption resulting from
attack, internal disturbance, natural phenomena, or technological hazard; and requires resources
that are beyond the scope of local agencies in routine responses to emergencies and accidents
and may be of a magnitude or involve unusual circumstances that require response by
government, not-for-profit or private entities.” Utah Code 53-2a-102(5). “Natural phenomena”
includes any storm. Utah Code 53-2a-102(14). A “storm” can include a blast of extremely low
temperatures become life-threatening after prolonged exposure.
Under Utah Code 53-2a-208(2) the declaration of a local emergency (a) constitutes the
official recognition that a disaster situation exists within the affected municipality; (b) provides a
legal basis for requesting and obtaining mutual aid or disaster assistance from other political
subdivisions or from the state or federal government; (c) activates the response and recovery
aspects of any and all applicable local disaster emergency plans; and (d) authorizes the
furnishing of aid and assistance in relation to the proclamation.
The emergency proclamation declaring a local emergency must include (a) the nature of
the local emergency; (b) the area or areas that are affected or threatened; and (c) the conditions
that caused the emergency. Utah Code 53-2a-208(3).
A local emergency remains in effect for thirty days unless extended or terminated by the
municipal legislative body or terminated by joint resolution of the Utah Legislature. Utah Code
53-2a-208(6).1
After a Mayor declares a local emergency, the Mayor may exercise emergency authority,
including, but not limited to, (a) utilizing all available resources of the political subdivision as
reasonably necessary to manage the local emergency and (b) employing measures and giving
1 If a local emergency is terminated, a new state of emergency in response to the same disaster may be declared if
the Mayor finds that exigent circumstances exist for a second declaration of local emergency. Utah Code 53-2a-
208(7). “Exigent circumstances” means a significant change in circumstances following the expiration of a state of
emergency declared in accordance with this chapter that (a) substantially increases the threat to public safety or
health relative to the circumstances in existence when the state of emergency expired; (b) poses an imminent threat
to public safety or health; and (c) was not known or foreseen and could not have been known or foreseen at the time
the state of emergency expired. Utah Code 53-2a-203(3).
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direction to local officers and agencies which are reasonable and necessary for the purpose of
securing compliance with the provisions of the Disaster Response and Recovery Act, and with
orders, rules and regulations made under the act. Utah Code 53-2a-205.
After an order is issued by the Mayor pursuant to her emergency authority, the order
“shall have the full force and effect of law during the state of emergency” and the order must be
filed with the office of the clerk of the municipality and delivered to Salt Lake County. Utah
Code 53-2a-209.
In addition, under Salt Lake City Code, upon declaring a local emergency, the Mayor
may suspend specific provisions of Salt Lake City ordinances, polices, or executive orders,
during the local emergency, if compliance with such provisions would prevent, hinder, or delay
action necessary to cope with the local emergency, subject to superior state and federal
constitutions, laws, or regulations.” Salt Lake City Code 22.03.030(O).
FACTS
According to point in time counts, since 2020 the number of individuals, families, and
youth experiencing homelessness has increased in Utah and in Salt Lake City.
Despite the efforts at various levels of government to provide shelter, resources, and
support to these individuals experiencing homelessness, there remains a need for additional
emergency overflow shelter beds when the crisis is compounded by freezing temperatures and
extreme winter weather.
To address the need for additional overflow shelter beds especially in the winter, on
March 24, 2022, Governor Spencer Cox signed legislation (codified at Section 35A-16-502)
recognizing the need to allow a 25% increase in overflow of homeless shelters during targeted
overflow periods (sometimes called a “flex” in capacity).
Although this increase in overflow shelter beds in Salt Lake City’s homeless resource
centers has helped provide emergency shelter and resources to individuals experiencing
homelessness during the winter, there remains an urgent need to add additional overflow shelter
beds on life-threatening winter nights in Salt Lake City.
Exposure to extreme cold temperatures can cause death, and in the past has caused deaths
among unsheltered persons experiencing homelessness in Salt Lake City and other nearby
communities. Historically low temperatures, or “arctic blasts”, are storms that create a bitter blast
of cold air that plunges temperatures to well below 32 degrees Fahrenheit and create dangerous,
life-threatening conditions to individuals exposed to the cold overnight.
Based on the state of emergency that exists in Salt Lake City for the City’s unsheltered
population when the temperatures plunge below 32 degrees Fahrenheit, the Mayor of Salt Lake
City now desires to exercise her authority under Utah Code 53-2a to declare a local emergency
and to issue an order related increasing overflow shelter beds when the temperatures plunge
below 32 degrees Fahrenheit.
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LOCAL EMERGENCY DECLARATION
Pursuant to Utah Code Section 53-2a-208 and City Code 22.03.010, Salt Lake City
Mayor Erin Mendenhall makes the following proclamation declaring a local emergency:
1. Finding of a Disaster; Nature of the Local Emergency. The Mayor hereby finds that
due to arctic winter temperatures and the lack of available overflow shelter beds to house
unsheltered individuals during freezing nights, a disaster, as defined by Utah Code 53-2a-102(5)
exists in Salt Lake City. This disaster necessitates a declaration of local emergency in the
entirety of Salt Lake City.
Conditions Causing the Emergency. Exposure to extremely cold temperatures can
cause death, and in the past has caused deaths among unsheltered persons experiencing
homelessness in Salt Lake City and other nearby communities. During nights when temperatures
drop below 32 degrees Fahrenheit, more individuals will likely seek shelter and warmth, and
nobody should be turned away due to capacity limits. Extreme cold weather, coupled with the
increasing unsheltered population and limited overflow beds, have created emergency conditions
causing the necessity to declare a local emergency in Salt Lake City.
2. Emergency Powers and Operations. The emergency powers and operations of Salt
Lake City are hereby invoked and Salt Lake City’s personnel and resources are ordered and
authorized to perform all functions authorized by federal, state, and local law to address this
local emergency.
3. Term. This proclamation shall take effect immediately and will be ongoing for thirty
(30) days unless an extension is authorized by the Salt Lake City Council by resolution or
otherwise terminated.
4. Assistance. Salt Lake City is authorized to request all assistance available with respect
to this local emergency from all federal, state, and local sources and is authorized to activate all
applicable mutual aid agreements.
EMERGENCY ORDER: EMERGENCY SHELTER BEDS
Pursuant to Utah Code Section 53-2a-205, Utah Code 53-2a-209, and City Code
22.03.030, the Mayor Erin Mendenhall issues the following emergency order:
1. Waiving Salt Lake City Code 21A.36.350(A)(1); Increasing the Maximum
Overnight Accommodations in Homeless Resource Centers During Certain Winter Nights.
On any night in Salt Lake City when the temperature drops below 32 degrees Fahrenheit, the
existing maximum occupancy of two hundred people in a homeless resource center (as required
under Salt Lake City Code 21A.36.350(A)(1)) is hereby waived and the occupancy limit is
increased on an emergency, overflow basis, to add up to twenty-five additional overnight
occupants (above any capacity the homeless resource center is operating under pursuant to the
“flex” in capacity under Utah Code 35A-16-502). This increase in capacity of twenty-five
additional occupants in any homeless resource center in Salt Lake City is subject to the
following:
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a. Any homeless resource center increasing its capacity under this emergency order
shall ensure that the additional occupancy meets all building and fire code
requirements for such use unless other reasonable means or methods are
approved, in writing, by the Fire Marshal and/or the Chief Building Official. A
decision on whether a plan for alternative means and methods under this section
provides sufficient assurance for life safety protection shall be made in the sole
discretion of the Building Official and/or Fire Marshall and shall not be
appealable.
b. The operator of the homeless resource center will maintain a staff to client ratio in
compliance with nationwide best practices for emergency overflow shelter
minimum staffing ratios.
2. Filing and Dissemination. This proclamation will be filed with the Salt Lake City
Recorder and will be delivered to the State of Utah and Salt Lake County and will be
disseminated to local media.
Dated this 20th day of December, 2022.
______________________
Erin Mendenhall
Salt Lake City Mayor
ATTEST:
______________________________
Cindy Lou Trishman, City Recorder
Approved as to Form:
_________________________________
Katherine Lewis, Salt Lake City Attorney
Katherine Lewis (Dec 20, 2022 10:23 MST)
Erin Mendenhall (Dec 20, 2022 10:24 MST)
Dec 20, 2022
RECORDED