Explanation
The federal immigration system has undergone a dramatic expansion that has led to a massive increase in the number of individuals who are arrested, detained, and subsequently warehoused in facilities ill-equipped for human habitation. As facilities expand to detain more people, a wide group of vulnerable individuals including children, medically-fragile individuals, and older adults, find themselves in unsafe warehouse-style facilities. Reports of the mistreatment of detainees have surfaced, with stories of detainees being held in deplorable conditions and having their civil rights habitually and systemically violated. Additionally, these facilities operate with limited oversight, lacking enforcement of health and safety requirements.
In response to the disruptive nature of the aggressive tactics employed by federal immigration enforcement officers, this ordinance is one in a package of policies intended to curb federal overreach and abusive enforcement practices. These policies reflect Council’s commitment to ensuring that Columbus is a place where people can feel safe going to work, opening businesses and investing in their future.
Facilities for the purpose of detention have unique operational characteristics, health and safety considerations, and require a unique set of public services. This makes them distinct in their use of land and oversight needs. To establish the suitability and habitability of proposed facilities for the purpose of detention thereby ensuring the safety of all Columbus residents, there is a need to designate facilities intended for the detention of individuals as requiring a special use permit.
Emergency action is required to ensure the protection and safety of Columbus residents.
Title
To amend the Columbus City Zoning Code, Chapter 3389 “Special Permit Uses” by the enactment of section 3389.16 “Detention Facility”; and to declare an emergency.
Body
WHEREAS, Columbus is a welcoming city and is home to thousands of immigrants, refugees, and naturalized residents; and
WHEREAS, the federal immigration system has undergone a dramatic expansion that has led to a massive increase in the number of individuals who are arrested, detained, and subsequently warehoused in facilities ill-equipped for human habitation; and
WHEREAS, reports of the mistreatment of detainees have surfaced, with stories of detainees being held in deplorable conditions and have having their civil rights habitually and systemically violated; and
WHEREAS, facilities used for the purpose of detaining humans have unique operational characteristics, health and safety considerations, and require a unique set of public services making them distinct in their land use and oversight needs; and
WHEREAS, Columbus City Council has an obligation to enact policies that protect our residents; and
WHEREAS, this ordinance is one in a package of policies intended to curb federal overreach and abusive enforcement practices; and
WHEREAS, amending the Columbus City Zoning Code, Chapter 3389 “Special Use Permits” to enact section 3389.16 “Detention Facility” to apply to the creation, expansion, or modification of a facility intended to be used as a detention facility serves to address an immediate need to preserve the public peace, property, health or safety; and
WHEREAS, an emergency exists such that it is immediately necessary to ensure the safety and health of Columbus residents; NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That section 3389.16 is hereby enacted to read as follows:
3389.16 - Detention Facility
A detention facility proposed to be created, expanded, or modified after the effective date of this section in a secure or non-secure building, whether privately or publicly owned, primarily designed to house and restrict the movement of any individual(s) who are held in the custody of a federal, state, or local governmental agency, requires a Special Permit which shall only be granted provided the facility meets the following criteria:
1. The proposed facility complies with all applicable safety, fire, health, housing and building codes.
2. The proposed facility complies with all applicable Federal, State and Local laws and regulations codes related to security, control, and health management at detention facilities
3. Documentation is provided that ensures the size of the existing or proposed building has sufficient allocation of space for the estimated number of detainees.
SECTION 2. That for reasons stated in the preamble hereto, which is hereby made a part thereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.