§ 44-5-1. Definitions.

For purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Adult foster care facility means a governmental or nongovernmental establishment which principally receives adults for foster care including a foster care family home for adults who (1) are aged, emotionally disturbed, developmentally disabled or physically handicapped, (2) require supervision on an ongoing basis and (3) do not require continuous nursing care, but excludes a nursing home, a home for the aged, a hospital, a hospital for the mentally ill, a county infirmary, and a facility operated for the developmentally disabled by the Michigan Department of Mental Health.

Adult resident means a resident who has passed his or her eighteenth birthday.

Designated transitional housing means housing which is defined by the United States Department of Housing and Urban Development, in 24 CFR 577.5 as "transitional housing" or in 24 CFR 583.5 as "supportive housing".

Emergency shelter means a facility which provides congregate style temporary lodging either with or without meals and ancillary services on the premises to primarily the homeless for more than four (4) weeks in any calendar year but does not provide such lodging to any individual (1) who is required because of age, mental disability or other reason to reside either in a public or private institution or (2) who is imprisoned or otherwise detained pursuant to either federal or state law, and excludes an adult foster care facility, designated transitional housing, a nursing home, a temporary emergency shelter, or a warming center.

Homeless means an individual who, or family which, lacks a fixed, regular and adequate nighttime residence, or whose primary nighttime residence is (1) a supervised publicly or privately operated shelter designed to provide temporary living accommodations, or (2) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

Minor resident means a resident who has not passed his or her eighteenth birthday.

Nursing home means a facility which provides organized nursing care and medical treatment to seven (7) or more unrelated individuals suffering or recovering from illness, injury or infirmity, and which is not a unit in a correctional facility that is operated by the Michigan Department of Public Health.

Operator means the individual who, or partnership, organization or corporation which, manages either a shelter or a temporary emergency shelter on behalf of or in concert with the owner(s) whether or not for remuneration of any kind.

Owner means the individual who, or partnership, organization or corporation which, is the applicant for a license for a shelter or is responsible for filing with the Consumer Affairs Department a letter of notification for a temporary emergency shelter.

Pre-release adjustment center means an establishment which provides shelter, supervisory and social services to convicts in a pre-release parole preparation program as authorized either by the Michigan Corrections Commission under the Authority of Public Act 323 of 1953, as amended, or by the Federal Bureau of Prisons under the Authority of Public Law 91-492, as amended.

Resident means a homeless individual or a victim of domestic violence who, after being processed by respective staff member(s) either of a shelter or of a temporary emergency shelter, is admitted to utilize such facility as a place of temporary lodging.

Shelter means either an emergency shelter or a shelter for victims of domestic violence.

Shelter for victims of domestic violence means a residential facility which provides temporary accommodation and support to victims of domestic violence either with or without their minor children, and which is operated by a non-profit, charitable, or religious agency that meets the pre-contract standards of the State of Michigan Domestic Violence Prevention and Treatment Board excluding an adult foster care facility, a pre-release adjustment center, and a substance abuse service facility.

Substance abuse service facility means an establishment which is used on an out-patient basis for the dispensing of compounds or prescription medicines directly to persons that have drug or alcohol abuse problems but excludes a generally recognized pharmacy or licensed hospital that dispenses prescription medicines.

Temporary emergency shelter means a building which is opened on an urgent basis to provide shelter for the homeless from the elements for not more than four (4) weeks in any calendar year, including those operated in concert by churches and other religious organizations that permit the homeless to utilize their facilities as a place of lodging on a weekly rotating basis.

Warming center means a facility which is not designed for lodging and is operated for the purpose of sheltering the transient homeless from the elements for brief intervals during any twenty-four-hour period.

(Ord. No. 23-94, § 1, 11-16-94; Ord. No. 7-95, § 1, 4-26-95)