PROTECTIONS FOR THE HOMELESS

Indianapolis-Marion County Revised Code tit. I, ch. 231, art. V

in effect

Indianapolis-Marion County Revised Code § 231-501 Purpose and intent.

Sec. 231-501. - Purpose and intent. No person should suffer unnecessarily or be subject to unfair discrimination or arbitrary treatment based on his or her homeless status. It is the intent of this article to lessen the adverse effects and conditions caused by the lack of a home or residence. (G.O. 2, 2016, § 1)

Indianapolis-Marion County Revised Code § 231-502 Definitions.

Sec. 231-502. - Definitions. For purposes of this article: (a) The term "emergency" means a situation when a failure to act immediately could lead to serious harm to public health or safety. An emergency for purposes of this chapter occurs when one (1) or more of the following conditions exist: (1) A camp being used by homeless persons has accumulated food waste, human waste, or other litter to a degree that the Marion County Public Health Department or other public health authority determines that the camp presents a public health hazard to the residents of the camp or the public that cannot adequately be redressed by less disruptive clean-up measures; (2) A camp being used by homeless persons has been established in an enclosed area, such as an underpass or tunnel, used by large numbers of pedestrians or motor vehicles, and public safety or law enforcement officials determine that the threat of concealed explosives or other devices presents a threat to public safety; or (3) Other circumstances exist that present a significant threat to the public health or safety, as documented by the process required in section 231-506 below. (b) The term "homeless" has the definition set forth at 24 CFR Sections 91.5, 582.5, and 583.5. (c) The term "camp" means a place on public property with temporary accommodations of tents or other structures in which homeless persons are sleeping overnight or storing their property. (d) The term "displacement" means action by the city that prevents camp residents from using a camp for at least one (1) full twenty-four-hour period. Sidewalk or street cleanings, or removals of unattended or abandoned personal property, do not constitute a displacement for purposes of this article. (e) The term "established camp" means a camp that has been located in the same place and occupied continuously for at least seven (7) calendar days. (f) The term "shelter space" means an accommodation at a facility or location, approved by the city, where residents are offered, free of charge, a place to sleep that is secure, affords some protection from the elements, and has access to basic hygiene facilities. The term may include safe camping sites or low-barrier shelters established pursuant to section 231-505. Shelter space offered by a religiously affiliated organization may meet this definition, but only if the shelter space is offered to residents without discrimination on the basis of race, sex, sexual orientation, gender identity, or religion, and is offered without a requirement that the residents engage in religious activities or submit to religious messaging. (G.O. 2, 2016, § 1; G.O. 6, 2021, § 1)

Indianapolis-Marion County Revised Code § 231-503 Protections in the event of displacement.

Sec. 231-503. - Protections in the event of displacement. The office of public health and safety (OPHS) may temporarily or permanently close any public property or public right of way to camps and require any residents currently camping in the area to cease camping in the area and remove any stored personal property from the area, but only if OPHS follows the procedures described below and sufficient temporary housing or shelter space is available for residents who will be displaced by the closure. OPHS will reach a memorandum of understanding or agreement with the Blueprint Council of the Indianapolis Continuum of Care to designate partner entities for roles in the notice and outreach procedures described below. (a) If a homeless person is to be displaced from a camp, the department of public works must offer to maintain and catalogue the person's personal items, including but not limited to, clothing, blankets, identification documents, birth certificates, and other personal documents and effects, in a safe and secure place for a minimum of sixty (60) days. After sixty (60) days, if the city has made reasonable efforts to notify the displaced person, the city may securely dispose of any unclaimed personal items. For purposes of this subsection, the obligations to maintain and catalogue personal items shall be limited to those items that may fit entirely within one ninety-six-gallon container per displaced person. (b) Before OPHS may displace a person from an established camp, at least fifteen (15) days' advance notice must be given to the affected person and to designated service providers and street outreach teams. Before displacing a person from a camp that is not an established camp, at least forty-eight (48) hours' advance notice must be given to the affected person and to designated service providers and street outreach teams. Posting of a written notice in the area will satisfy this advance notice requirement, but all reasonable efforts should be made to provide individualized verbal notice as well. (c) Upon providing the notice described in subsection (b), OPHS will coordinate the efforts of all participating service providers, faith-based organizations, street ministries, the Assessment and Intervention Center, and volunteers to ensure that the persons to be displaced are offered permanent housing, transitional housing, temporary housing, or available shelter space (which may include a safe camping site, temporary hotel shelter, or other shelter options), reasonable assistance in transportation to housing or shelter options that are offered, and comprehensive wrap-around services for which they are eligible. If temporary, transitional, or permanent housing is offered, it must be safe, reasonably clean and maintained, and approved by the city. (d) OPHS or a designated partner entity will gather and maintain accurate data on the number of people impacted by camp closures and the resources offered to affected individuals. OPHS and service providers will monitor data to ensure that racial equity considerations guide OPHS actions and outreach efforts. (G.O. 2, 2016, § 1; G.O. 33, 2016, § 2; G.O. 6, 2021, § 1)

Indianapolis-Marion County Revised Code § 231-504 Permanent camp closure.

Sec. 231-504. - Permanent camp closure. After OPHS has followed the procedures stated in section 231-503, the city may keep an area in which camps have been removed permanently closed to camps. Permanent closures may be made only in areas with high levels of pedestrian traffic or areas that have required repeated clean-ups or interventions by law enforcement. When the city permanently closes an area to camps, durable signs or notices that the area is closed to camps must be prominently posted in the area. If an area has been permanently closed to camps and durable signs or notices are prominently posted in the area stating that camping and storage of personal property is prohibited, new camps may not be established in the area. The city may prohibit any person seeking to camp or store personal property in such an area from doing so. The protections of section 231-503 do not apply when a person attempts to camp in an area that has already been closed to camping where durable signs or notices are prominently posted. (G.O. 6, 2021, § 2)

Indianapolis-Marion County Revised Code § 231-505 Safe camping sites.

Sec. 231-505. - Safe camping sites. OPHS is directed to study the feasibility and cost of establishing one (1) or more indoor or outdoor safe camping sites for the benefit of residents of Indianapolis experiencing homelessness. The study process will include input from service providers and individuals with lived experience of homelessness. Safe camping sites should have low barriers to entry, but permission to use a safe camping site may be conditioned on agreeing to follow reasonable site rules relating to safety, health, and the prevention of violence. If established, safe camping sites should have the following features: (a) Tents or other structures arranged in an orderly fashion, adequately anchored in place, and in safe surroundings, whether the sleeping area is located indoors or outdoors. (b) Trash disposal facilities that are regularly serviced by the department of public works or a contractor. (c) Access to nearby restroom and shower facilities that are regularly serviced. (d) An on-site service provider responsible for administering site rules; maintaining adequate records; coordinating with other service providers, including case management, health care, and housing navigation service providers; coordinating charitable distributions at the site; and providing security. (e) Reasonable accessibility to public transportation or other transportation options. OPHS is directed to report its findings to the council on or before September 1, 2021. (G.O. 6, 2021, § 2)

Indianapolis-Marion County Revised Code § 231-506 Declaration of emergency.

Sec. 231-506. - Declaration of emergency. (a) The authority to declare an emergency under this article is granted to the director of OPHS. (b) A declaration of emergency must be in writing and accompanied by a written statement from at least one other city or county agency with relevant subject-matter expertise, substantiating the factual basis for the declaration. The written declaration must specify in detail the geographic area to which the declaration applies and the time frame in which the declaration applies. Emergency declarations shall be available to the public online, and OPHS shall post prominent public notice of the emergency declaration in the applicable area, and shall coordinate with service providers and related organizations to ensure that affected residents receive as much notice as is reasonably possible. (c) OPHS may close an area as to which an emergency has been declared under this section to camping and storage of personal property for the duration of the emergency. The requirements of section 231-503 do not apply in an area where an emergency has been declared, but all affected residents should be given as much notice as is reasonably possible before the emergency closure goes into effect. (G.O. 6, 2021, § 2)

Indianapolis-Marion County Revised Code § 231-507 Obstruction of public right-of-way prohibited.

Sec. 231-507. - Obstruction of public right-of-way prohibited. Notwithstanding the other provisions of this article, neither camping nor storing personal property is permitted in a manner that wholly or partially obstructs pedestrian traffic on any sidewalk, street, or other public right-of-way. A sidewalk, street, or other public right-of-way is partially obstructed if: (1) more than one half of its width is blocked at any point, (2) the normal flow of pedestrians or vehicles is slowed or subject to a bottleneck, or (3) pedestrians are required to step onto a street or otherwise expose themselves to danger in order to pass around the camp or stored personal property. The city shall give persons who are camping or storing personal property in a manner that partially or wholly obstructs a public right-of-way the option of rearranging their camp or personal property such that it does not wholly or partially obstruct the public right-of-way. If it is not possible for the camp or stored personal property to be in the area without wholly or partially obstructing the right-of-way, or if the person camping or storing personal property has been given at least one (1) opportunity to remedy the obstruction and has failed or refused to do so, then the person may be required to cease camping in the area and to remove his or her personal property. (G.O. 6, 2021, § 2)

Indianapolis-Marion County Revised Code § 231-508 Designated charitable distribution sites.

Sec. 231-508. - Designated charitable distribution sites. (a) OPHS is directed to establish, on or before July 1, 2021, designated charitable distribution sites in the Downtown Indianapolis area. These designated charitable distribution sites should include any safe camping sites that may be established. (b) OPHS will act in consultation with Professional Blended Street Outreach and other members of the professional service provider community to determine the appropriate locations for designated charitable distribution sites, and will publish information regarding such sites on the OPHS website. (c) Designated charitable distribution sites will be designed to help organizations and individuals who wish to make charitable donations of food or other items to individuals experiencing homelessness, so that such donations can be made in a more safe and orderly fashion. Accordingly: (1) The city will ensure that all Marion County Public Health Department code requirements and public health orders in place are observed at designated charitable distribution sites. (2) The department of public works will coordinate with OPHS to provide litter disposal bins and perform regular pick-ups at designated charitable distribution sites. (3) OPHS may designate a community partner organization as a coordinating entity for a designated charitable distribution site. OPHS and coordinating entities will make arrangements for storage and reuse, wherever possible, of excess donated items to avoid waste and duplication. (G.O. 6, 2021, § 2)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIORAD_CH231DEMEDE_ARTVPRHOFetched: 10/27/2026