HB 4753 — Prohibiting locating certain homeless facilities near schools and certain daycares

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Red = new code to be enacted WEST VIRGINIAvirginia LEGISLATURElegislature REGULARregular SESSIONsession IntroducedCommittee Substitute for House Bill 4753 By Delegates Skaff and Pack [Introduced February 15, 2022;

Referredreferred to the Committee on the Judiciary]   A BILL to amend and reenact the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-24, relating to prohibiting locating certain homeless facilities near schools and certain daycares;

declaringdefining ithomeless aencampment; public nuisance as a health and safety hazard;

anddefining providingauthorize aor privatepermit; cause of action for enforcement.

prohibiting municipalities, governing bodies of a municipality, or agencies of municipality from authorizing or permitting homeless encampments within 1,000 feet of a school or licensed child care center effective January 1, 2022;

declaring it a public nuisance for the authorization or permitting of a homeless encampment;

providing a private cause of action for enforcement;

and providing for enforcement through §53-1-1 et seq.

of this code and for attorney’s fees.

The(a) LegislatureFor findspurposes that unregulated establishment of homelessthis encampmentssection, in “homeless areasencampment” locatedincludes neartemporary whereoutdoor childrenencampments congregate and attend school creates a public health and safety hazard, therefore, the siting or establishment of a homeless encampment which includes, but not limited to, outdoor encampments, temporary small homes on-site,on-site or tiny homes sheltering homeless persons,persons. or care or feeding areas for homeless persons, within one thousand five hundred feet of a public or private school, or licensed child care center is prohibited.

 Effective(b) JanuaryFor 1,purposes 2022,of nothis municipalitysection, shall“authorize authorize or permitpermit” themeans establishmentofficial ofaction homelesstaken encampmentby ata municipality, a prohibitedgoverning location,body andof a privatemunicipality, rightor any agency of actiona existsmunicipality asto aenact publican nuisanceordinance foror enforcementissue ofany theregulatory provisionslicense ofor thispermit section.required to establish a homeless encampment.

(c)  Effective January 1, 2022, a municipality, the governing body of a municipality, or an agency of a municipality may not, by ordinance or otherwise, authorize or permit the establishment of a homeless encampment within one thousand feet of a public or private elementary or secondary school, or a licensed child care center.

(d) Any homeless encampment that is established within one thousand feet of a public or private elementary or secondary school, or a licensed child care center in a municipality shall constitute a public nuisance.  A private right of action exists as a public nuisance for enforcement of the provisions of this section.

(e) In addition to any private right of action for a public nuisance, redress for an alleged violation of this section may also be sought through the provisions of §53-1-1 et seq.

of this code, which may include the awarding of reasonable attorney’s fees and costs, if the petitioner prevails.

The purpose of this bill is to limitprohibit thelocating locationscertain for homeless encampments,facilities temporarynear housingschools orand feeding areas within 1,500 feet of a school or certain daycaredaycares; facilities and provides a private right of action to enforce this prohibition.

define homeless encampment;

define authorize or permit;

prohibiting municipalities, governing bodies of a municipality, or agencies of municipality from authorizing or permitting homeless encampments within 1,000 feet of a school or licensed child care center effective January 1, 2022;

declare it a public nuisance for the authorization or permitting of a homeless encampment;

provide a private cause of action for enforcement;

and provide for enforcement through §53-1-1 et seq.

of this code and for attorney’s fees.

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