HomeMy WebLinkAboutCouncil Packet - 2/6/2023CITY OF
4Jj34TERLOO
IOWA
THE CITY COUNCIL OF WATERLOO, IOWA
WORK SESSION TO BE HELD AT
Harold E. Getty Council Chambers
Monday, February 6, 2023
4:25 PM
RULES FOR WORK SESSION PUBLIC COMMENT
Iowa Code Chapter 21 gives the public the right to attend council meetings, but it
does not require cities to allow public participation except during public hearings.
The city council shall not receive any public comment during a work session.
Roll Call
Agenda, as proposed or amended
4:25 p.m. Discussion of amendments to the sidewalk ordinance.
Submitted by: Kelley Felchle, City Clerk, Jamie Knutson, City Engineer
Approx. 4:40 Discussion of ban on conversion therapy.
p.m. Submitted by: Jonathan Grieder, Ward 2 Council member
ADJOURNMENT
Kelley Felchle
City Clerk
Page 1 of 16
Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA
50703, (319) 291-4323.
ORDINANCE NO. XXXX
AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE
OF ORDINANCES BY REPEALING CHAPTER 2, SIDEWALK
CONSTRUCTION, INSPECTIONS, AND REPAIR, AND ARTICLE
A, INSPECTION AND REPAIR, OF TITLE 7, PUBLIC WAYS AND
PROPERTY, AND ENACTING IN LIEU THEREOF A NEW
CHAPTER 2, SIDEWALK CONSTRUCTION, INSPECTIONS, AND
REPAIR, AND ARTICLE A, INSPECTION AND REPAIR, OF
TITLE 7, PUBLIC WAYS AND PROPERTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA AS FOLLOWS:
Section 1. That Chapter 2, Sidewalk Construction, Inspections, and Repair, and
Article A, Inspection and Repair, of Title 7, Public Ways and Property is hereby repealed
and a new Chapter 2, Sidewalk Construction, Inspections, and Repair, and Article A,
Inspection and Repair, of Title 7, Public Ways and Property is enacted in lieu thereof as
follows:
7-2-1: CITY COUNCIL TO ORDER CONSTRUCTION:
A. Permanent Or Temporary Sidewalks: The city council may, by resolution, order the
construction of permanent and/or temporary sidewalks upon any streets, highways, avenues or
public grounds in the city, but the construction of permanent sidewalks shall not be made until
the bed of the sidewalks shall have been graded, so that when completed, the sidewalks shall be
at the established grade.
B. Vote Required For Improvement: Unless the owners of a majority of the linear feet of
property fronting on the proposed sidewalk improvement petition the city council therefor, the
proposed improvement shall not be made unless three -fourths (3/4) of all the members of the city
council shall, by vote, order the making thereof.
7-2-2: PUBLIC IMPROVEMENT PROCEDURES:
The procedure for the construction of the public improvements in the nature of the construction
of new public sidewalks, whether permanent or temporary, shall be governed by any and all
provisions of the Iowa Code, then in existence, with regard to notice for hearing, publication of
notice, notice of assessments and any other relevant statutory rules and regulations.
7-2-3: SPECIAL ASSESSMENTS FOR IMPROVEMENTS:
A. Payments: Any assessment that exceeds five hundred dollars ($500.00) may be paid in
installments as set by the city council, not exceeding nine (9)eleven (11), in the same manner and
at the interest rate as for special assessments under Iowa Code chapter 384, division IV and
at an interest rate of one pe,- ert (' %) four percent (4), in accordance with Iowa Code Section
384.60 and Chapter 74A.
B. Certification Of Special Assessments To County Treasurer: Upon making the special
assessment pursuant to this chapter, it shall be certified to the county treasurer and shall be
placed on the tax list as is provided by law.
7-2-4: JOB PERMITS REQUIRED:
Page 2 of 16
Ordinance No. XXXX
Page 2
A. No person, except the public works director or the city engineer, while acting in their
official capacity, or a contractor in performing the necessary work on a contract with the city,
shall construct or cause to be constructed any concrete sidewalk in any public street, avenue,
alley or highway within the city except such walks as are required to connect residences or other
buildings with the city sidewalks, curbs or street roadways, without first obtaining a permit
therefor, signed by the city engineer. The permit shall describe the location of the work and state
the time in which it is to be done. If an extension of time is required, the permittee shall present
the permit to the city engineer for an extension of the completion date, and no extension of time
shall be valid unless signed by the city engineer.
B. All permits issued pursuant to subsection A of this section must be kept at the place of
construction for which they were issued during the time when the work is being done and
exhibited when called for by the city official having the authority to examine the permit(s).
C. Sidewalk improvement permit fees shall be set by resolution of the city council and be
collected by the office of the city engineer. Work performed by the city shall not require a permit
fee.
7-2-5: CONTRACTOR'S BOND:
Any person constructing sidewalks within the city must first file a right of way construction bond
with the city clerk in the sum of fifteen thousand dollars ($15,000.00) twenty thousand dollars
($20,000.00), effective January 1, 2017March 1, 2023. The application for such construction
must be approved by the city council and conditioned upon the fulfillment of the following:
A. Faithful performance of all duties and regulations required by this chapter;
B. Faithful performance of every driveway and sidewalk specification on file in the city
engineer's office, and/or any provision of this code or other city ordinance regulating the
construction, reconstruction or repair of sidewalks within the city;
C. Prompt payment to the city of any sums that may become due for any reason or under this
chapter;
D. Prompt payment of all fines imposed upon said person for a violation of this chapter,
which violations occur during the life of the bond; and
E. Upon indemnifying and keeping the city harmless from any liability arising from said
person's constructing or reconstructing sidewalks within the city.
7-2-6: STANDARDS AND SPECIFICATIONS:
Standards and specifications for concrete sidewalks shall be prescribed from time to time by the
city council, and shall be on file in the office of the city engineer; conformance with such
standards and specifications is required, and failure to comply shall be grounds for revocation of
the permit issued pursuant to this chapter to construct a sidewalk.
7-2-7: VIOLATION; PENALTY:
A. Any person violating the provisions of this chapter shall be deemed guilty of an offense,
and shall be liable for all damage sustained by the city or by any person. Failure to comply with
any of the provisions of this chapter shall be deemed a municipal infraction and upon conviction
thereof shall be punished in accordance with subsection 1-3-2C of this code.
Page 3 of 16
Ordinance No. XXXX
Page 3
B. In the case of a construction specification of this chapter not being complied with, the
sidewalk contractor shall be given written notice by the city engineer, or designee, stating the
specifications not complied with and the contractor shall cause the work to comply with such
specifications within fifteen (15) days of the mailing of the notice. If the contractor fails to
comply with the notice, the bonding company shall be notified by regular mail of such failure to
comply.
C. Any person who shall have violated the provisions of this chapter shall be refused any
further permit required by this chapter until that person has complied with all the provisions of
this chapter.
ARTICLE A.
INSPECTION AND REPAIR
SECTION:
7-2A-1: DEFINITIONS
7-2A-2: SIDEWALK SPECIFICATIONS
7-2A-3: PERMITS
7-2A-4: INSPECTIONS
7-2A-5: IMPROVEMENTS AND REPAIRS
7-2A-6: BARRICADES AND WARNING LIGHTS
7-2A-7: COST OF IMPROVEMENTS; ASSESSMENTS
7-2A-8: VACATION OF SIDEWALKS
7-2A-1: DEFINITIONS:
As used in this article, the following words have the following meanings:
CITY ENGINEER: The city engineer or personnel designated by the city engineer to perform the
duties prescribed for the engineer by this article.
DEFECTIVE SIDEWALK: Any public sidewalk exhibiting one or more of the following
characteristics:
A. Vertical separations equal to three-quarters inch (3/4") or more;
B. Horizontal separations equal to three-quarters inch (3/4") or more;
C. Spalling or surface deterioration over fifty percent (50%) of the surface of a single square
of the sidewalk and one or more half -inch (1/2") depressions;
D. A single square of sidewalk cracked in such a manner causing three (3) or more pieces
with one or more loose pieces;
E. A sidewalk that is sloped or tilted creating water pockets, greater than the width of the
sidewalk, measured at any one point;
F. A change from design or construction grade equal to or greater than two inches (2") in a
ten foot (10') long area or less;
G. Holes and/or depressions greater than one-half inch (1/2") deep and one and one-half
inches (11/2") or more in any horizontal dimensions; Holes to the full depth of the sidewalk
Page 4 of 16
Ordinance No. XXXX
Page 4
shall be repaired by removal and replacement of the full panel from existing joint to existing
joint.
H. Vertical or horizontal separations equal to three -fourths inch (3/4") or more where
sidewalk abuts the curb, or any other fixture or structure and the separation is deemed unsafe;
I. Any other defects deemed unsafe by the City Engineer.
OWNER: The person owning the fee title or the contract purchaser for purposes of notification
required herein. For all other purposes, "owner" shall include the lessee, if any.
SIDEWALK IMPROVEMENTS: The reconstruction, repair, replacement or removal of a public
sidewalk or the excavating, filling or depositing of material in the public right of way in
connection therewith.
SIDEWALK REPAIRS: Sidewalk repairs shall be by removal and replacement of full sidewalk
panels from existing joint to existing joint for all defect types except surface depressions with an
area of eighteen (18) square inches or less, which qualify for repair by patching. No sidewalk
panel shall have a patched area exceeding 20% of the panel's total area. Sidewalk panels
exceeding 20% of patched surface area shall be removed and replaced from existing joint to
existing joint. A list of approved patching materials shall be on file in the city engineer's office.
7-2A-2: SIDEWALK SPECIFICATIONS:
All sidewalk improvements on public property, whether performed by the owner of the abutting
property or by the city, shall be performed under the supervision and inspection of the city
engineer or designee and in accordance with the plans and specifications prepared by the city
engineer's office and approved by the city council. No permanent sidewalk improvements shall
be performed until the bed for the same shall have been graded so that when completed such
sidewalk shall be at the location and grade established by the city engineer or designee.
7-2A-3: PERMITS:
A. Permit Required: No person shall make any sidewalk improvements whether ordered by
the city council or not, unless such person obtains a permit from the city engineer and agrees
that, in making the sidewalk improvements, compliance will be made with the ordinances of this
city and with the specifications for the sidewalks as prepared by the city engineer and approved
by the city council, and that the work shall be done under the direction and supervision of the
city engineer and subject to the approval of the city engineer or designee.
B. Bonds: A bond shall be required for all repairs except repairs made by patching as allowed
under the definition of "sidewalk repairs" in section 7-2A-1 of this article. The bond shall be
filed in the proper amount and the owner shall also agree to hold the city free from all liability
for damages on account of injuries received by anyone through the negligence of such person or
agents thereof in making the sidewalk improvements, or by reason of failure to properly guard
the premises.
C. Filing, Term Of Permits: All permits issued shall be filed and preserved in the office of the
city engineer. Before granting any permit to make sidewalk improvements, the city engineer
shall determine the appropriateness of the same and shall state in all permits issued when the
sidewalk work is to be completed.
D. Extension Of Permit: The time of completion for the sidewalk improvements may be
extended by the city engineer when in his judgment the extension is deemed necessary. The city
engineer may withhold the issuance of any permit for any sidewalk improvements for a sufficient
period to determine the necessity for the proposed improvements or if weather conditions will
adversely affect the sidewalk improvements.
Page 5 of 16
Ordinance No. XXXX
Page 5
E. Permit Fees: Sidewalk permit fees shall be set by resolution of the city council and
collected by the city engineer's office. Work performed by the city shall not require a permit fee.
F. Failure To Obtain Permit: Whenever any sidewalk improvements are not completed in
conformance to the provisions of this article, i.e., not in compliance with the current sidewalk
standard specifications, or without a permit, the city engineer shall serve notice upon the
property owner and/or the contractor doing such work of the nonconformance. If construction
work is underway without a permit, the notice shall order the work to cease until a permit is
obtained, and a fee of three (3) times the permit cost in addition to the cost of the original permit
is paid. If the sidewalk improvement underway with a permit is not in conformance with the
current sidewalk specifications, all work must be corrected to comply with the current
specifications. In the event that the sidewalk work has been completed without obtaining a
permit, a permit shall be immediately obtained, and a fee of three (3) times the permit cost in
addition to the cost of the original permit is paid, and any corrections needed shall be completed
within five (5) days after receipt of the permit. Any person who shall have violated the
provisions of this chapter shall be refused any further permits required by this chapter until he
has complied with all of the provisions of this chapter. Failure to comply with this notice shall
result in the completion of the work being done by the office of the city engineer with the costs
being assessed to the property owner as provided in this article.
7-2A-4: INSPECTIONS:
A. Time Of Inspections: The office of the city engineer, its employees, or designees shall be
responsible for inspecting the public sidewalks on a twelve (12) year cycle within the city or on a
complaint basis. These inspections shall be made to determine if any of the public sidewalks
within the city are defective as previously defined.
B. Inspection And Approval: The city engineer, or a designee, shall inspect the work, and
may order the corrections if the work does not meet specifications.
7-2A-5: IMPROVEMENTS AND REPAIRS:
A. Sidewalk Improvements Ordered: The city engineer may order the reconstruction, repair or
replacement of permanent sidewalks upon any public right of way. Notice of this order shall be
sent to the owner by regular mail. This notice shall include the fact that a hearing shall be held by
the city council within thirty (30) days from the date of sending of the notice. The notice shall
also contain information regarding the estimated costs of reconstruction, repair or replacement,
as estimated by the office of the city engineer.
B. Defective Sidewalks Repaired: It shall be the duty of the abutting property owner at any
time, or within forty five (45) days from the date of notice from the city, to repair, replace or
reconstruct all broken or defective sidewalks in the public right of way abutting said property. If,
after the expiration of the forty five (45) days, as provided in the notice, the required work has
not been done or is not in the process of completion, the city engineer shall proceed to repair,
replace or reconstruct the sidewalk. The total costs, including, but not limited to, engineering,
inspection, construction and administrative costs, shall be assessed to the property as taxes or
special assessments as provided hereinafter.
7-2A-6: BARRICADES AND WARNING LIGHTS 1 :
Proper warning lights and barricades shall be placed to protect persons from materials,
equipment and dangerous conditions. Placement and maintenance of adequate warnings is the
responsibility of the constructor, or the person conducting the work.
Notes
1. See also sections 7-1-3 and 7-3-10 of this title.
Page 6 of 16
Ordinance No. XXXX
Page 6
7-2A-7: COST OF IMPROVEMENTS; ASSESSMENTS:
A. Hearing On Estimated Costs: The city council shall hold a hearing within thirty (30) days
from the date of the sending of the notice, as aforementioned, wherein, at the time and place
designated in the notice, the city council shall consider the estimated costs of reconstruction,
repair or replacement which may be assessed against the property owners and any errors,
irregularities or inequalities in the proposed reconstruction, repair or replacement. Affected
property owners shall have the right to object to the proposed costs.
B. Notice Of Assessment For Repair Costs: When the city engineer submits an assessment for
sidewalk improvements or repair, the city clerk shall send a notice of such facts to the owner of
the abutting property. The notice shall be sent by regular mail to the last known address of the
owner. The notice shall contain a statement of the work performed, the total costs of the work
that is being assessed, a description of the property affected, and the fact that the person may pay
the amount assessed by a certain date without interest or penalty. The notice shall also indicate
that the person may object to such assessment, on account of errors, irregularities or inequalities,
and give the place and time at which the city council will hear such objections. The time set for
hearing shall be within thirty (30) days after the service or mailing of the notice.
C. Hearing And Assessment: At the time and place designated in the notice, the city council
shall consider all objections to the assessment, correct all errors or omissions and adopt a
corrected list of the amounts to be assessed against the property.
D. Billing, Certification To County: Thirty (30) days after the decision of the city council of
the assessment, the city clerk shall certify any unpaid amounts to the Black Hawk County
treasurer. The unpaid assessments shall be collected by the county treasurer in the same manner
as special assessments. The following schedule shall control the method wherein the property
owner shall be required to pay any unpaid portion of the total costs of the repair of the sidewalk:
$0.00 to $500.00
$500.01 to $1,000.00
$1,000.01 to $1,500.00
$1,500.01 to $2,500.00
$2,500.01 to $3,500.00
$3,500.01 and over
$0.00 to $500.00
$500.01 to $1,500.00
$1,500.01 to $2,500.00
$2,500.01 to $3,500.00
$3,500.01 and over
1 year
3 years
5 years
7 years
9 years
11 years
1 year
3 years
5 years
7 years
9 years
Such assessments shall be paid in the same manner as for special assessments under Iowa Code
Chapter 384, division IV and at an interest rate of one percent (1%)four percent (4), in
accordance with Iowa Code Section 384.60 and Chapter 74A.in the same manner and at the same
interest rates as for special assessments under Iowa Code chapter 3811, division IV. No interest
shall be charged for such assessments, or parts thereof, if paid within thirty (30) days from the
date of the city council determination on the final amounts of the assessment.
A. Payments: Any assessment that exceeds five hundred dollars ($500.00) may be paid in
installments as set by the city council, not exceeding nine (9), in the same manner as for special
assessments under Iowa Code chapter 384, division IV and at an interest of one percent (1%), as
allowed under Iowa Code Section 381.60 and Chapter 71A. delete paragraph as this is under 7-2-
3 already.
Page 7 of 16
Ordinance No. XXXX
Page 7
7-2A-8: VACATION OF SIDEWALKS:
A sidewalk may be vacated by the owner of the property by making a request to the planning,
programming and zoning commission. The city engineer, and/or his designee, will review the
request and forward it, along with his recommendation, to the planning, programming and
zoning commission. The planning, programming and zoning commission will review the
vacation request at its regular monthly meeting. The commission's recommendation will be
forwarded to the city council for its consideration at its next regular meeting.
Section 2. If any section, provision, or part of this chapter shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the validity of this chapter as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
Section 3. This ordinance shall be in full force and effect from and after its passage and
publication as provided by law.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
PASSED AND ADOPTED by this Council this day of 2023.
ATTEST:
Kelley Felchle, City Clerk
CERTIFICATE
Quentin Hart, Mayor
I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the
preceding is a true and complete copy of Ordinance No. as passed and adopted by the
City Council of the City of Waterloo, Iowa, on the day of 2023.
Witness my hand and seal of office this day of 2023.
SEAL Kelley Felchle, City Clerk
Page 8 of 16
Youth Mental Health Protection Ordinance
Whereas, contemporary science recognizes that being lesbian, gay, bisexual, or
transgender is part of the natural spectrum of human identity and is not a disease, disorder, or
Illness;
Whereas, conversion therapy has been rejected by every major medical and mental
health organization, including the American Psychological Association, American Psychiatric
Association, American Medical Association, American Academy of Pediatrics, American
Academy of Child and Adolescent Psychiatry, American Counseling Association, American
Psychoanalytic Association, American School Counselor Association, American School Health
Association, National Association of Social Workers, and the Pan American Health Organization.
Whereas, the advertising and provision of conversion therapy in exchange for monetary
compensation is consumer fraud.
Whereas, conversion therapy leads to critical health risks including anxiety, depression,
decreased self-esteem, substance abuse, homelessness, and suicide.
Whereas, minors are especially vulnerable to the harms associated with conversion
therapy.
Whereas, the City has a compelling interest in protecting the physical and psychological
well-being of minors, including lesbian, gay, bisexual, and transgender youth, and in protecting
its minors against exposure to serious harms caused by conversion therapy.
Section 1. Definitions.
"Sexual orientation or gender identity change efforts," also referred to as "conversion
therapy," means any practices or treatments that seek to change an individual's sexual orientation
or gender identity, including efforts to change behaviors or gender expressions or to eliminate or
reduce sexual or romantic attractions or feelings toward individuals of the same gender. Sexual
orientation or gender identity change efforts do not include counseling that provides assistance
to a person undergoing gender transition or that provides acceptance, support, and understanding
of a person or facilitates a person's coping, social support, and identity exploration and
development, including sexual -orientation -neutral interventions to prevent or address unlawful
conduct or unsafe sexual practices, as long as such counseling does not seek to change an
individual's sexual orientation or gender identity.
"Medical or mental health professional" means any individual who is licensed by a local,
state, federal, or other regulatory body to engage in a profession related to physical or mental
health, including any students, interns, trainees, apprentices, or assistants who provide medical
or mental health services under the auspices, guidance, or supervision of a licensed medical or
mental health professional.
1
Page 9 of 16
Section 2. Conversion Therapy Prohibited.
No medical or mental health professional shall engage in conversion therapy with a minor
within the City.
Section 3. Enforcement.
The City Attorney shall enforce the provisions of this ordinance. If the City Attorney
receives a report of a violation of this ordinance, the City Attorney or the City Attorney's designee
shall mail to the medical or mental health professional written notice to immediately cease and
desist the violation. The failure of the medical or mental health professional to immediately cease
and desist shall subject the medical or mental health professional to the civil penalty provided in
Section 4 of this chapter.
Section 4. Penalties.
A violation of Section 2 of this chapter is a Municipal Infraction pursuant to 1-3-2 of the
City Code. Each day in violation constitutes a separate offense.
Section 5. Severability.
If any provision or clause of this chapter or its application to any person or in any
circumstances is held invalid, such invalidity shall not affect other provisions or applications of
this chapter which can be given effect without the invalid provision or application, and to this end
the provisions of this chapter shall be severable.
Section 6. Effective Date.
This ordinance shall become effective when published, as required by law.
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Page 10 of 16
Addendum
OPTIONAL MORE DETAILED LEGISLATIVE FINDINGS
The of the City hereby finds as follows:
a. Research demonstrates that sexual orientation and gender identity change efforts can
pose critical health risks to lesbian, gay, bisexual, and transgender persons;
b. Contemporary science recognizes that being lesbian, gay, bisexual, or transgender is part
of the natural spectrum of human identity and is not a disease, disorder, or illness;
c. The American Academy of Pediatrics has stated: "Therapy directed at specifically
changing sexual orientation is contraindicated, since it can provoke guilt and anxiety while having
little or no potential for achieving changes in orientation";
d. The American Medical Association Council on Scientific Affairs has stated: "Aversion
therapy (a behavioral or medical intervention which pairs unwanted behavior, in this case,
homosexual behavior, with unpleasant sensations or aversive consequences) is no longer
recommended for gay men and lesbians. Through psychotherapy, gay men and lesbians can
become comfortable with their sexual orientation and understand the societal response to it";
e. The American Counseling Association Governing Council has stated: "We oppose 'the
promotion of "reparative therapy" as a "cure" for individuals who are homosexual";
f. The American Psychiatric Association has stated:
1. "Psychotherapeutic modalities to convert or `repair' homosexuality are based on
developmental theories whose scientific validity is questionable. Furthermore, anecdotal
reports of `cures' are counterbalanced by anecdotal claims of psychological harm. In the
last four decades, `reparative' therapists have not produced any rigorous scientific
research to substantiate their claims of cure. Until there is such research available, [the
American Psychiatric Association] recommends that ethical practitioners refrain from
attempts to change individuals' sexual orientation, keeping in mind the medical dictum to
first, do no harm";
2. "The potential risks of reparative therapy are great, including depression, anxiety and
self-destructive behavior, since therapist alignment with societal prejudices against
homosexuality may reinforce self -hatred already experienced by the patient. Many
patients who have undergone reparative therapy relate that they were inaccurately told
that homosexuals are lonely, unhappy individuals who never achieve acceptance or
satisfaction. The possibility that the person might achieve happiness and satisfying
3
Page 11 of 16
interpersonal relationships as a gay man or lesbian is not presented, nor are alternative
approaches to dealing with the effects of societal stigmatization discussed"; and
3. "Therefore, the American Psychiatric Association opposes any psychiatric treatment
such as reparative or conversion therapy which is based upon the assumption that
homosexuality per se is a mental disorder or based upon the a priori assumption that a
patient should change his or her sexual homosexual orientation";
g. The American Psychological Association convened a Task Force on Appropriate Therapeutic
Responses to Sexual Orientation in 2009. The task force conducted a systematic review of peer -
reviewed journal literature on sexual orientation change efforts and concluded that sexual
orientation change efforts can pose critical health risks to lesbian, gay, and bisexual people,
including confusion, depression, guilt, helplessness, hopelessness, shame, social withdrawal,
suicidality, substance abuse, stress, disappointment, self -blame, decreased self-esteem and
authenticity to others, increased self -hatred, hostility and blame toward parents, feelings of anger
and betrayal, loss of friends and potential romantic partners, problems in sexual and emotional
intimacy, sexual dysfunction, high -risk sexual behaviors, a feeling of being dehumanized and
untrue to self, a loss of faith, and a sense of having wasted time and resources;
h. The American Psychological Association issued a resolution on Appropriate Affirmative
Responses to Sexual Orientation Distress and Change Efforts, which states: "[T]he [American
Psychological Association] advises parents, guardians, young people, and their families to avoid
sexual orientation change efforts that portray homosexuality as a mental illness or developmental
disorder and to seek psychotherapy, social support, and educational services that provide
accurate information on sexual orientation and sexuality, increase family and school support, and
reduce rejection of sexual minority youth";
i. The American Psychoanalytic Association issued a position statement in June 2012 on
attempts to change sexual orientation, gender identity, or gender expression, and in it the
association states:
1. "As with any societal prejudice, bias against individuals based on actual or perceived
sexual orientation, gender identity or gender expression negatively affects mental health,
contributing to an enduring sense of stigma and pervasive self-criticism through the
internalization of such prejudice"; and
2. "Psychoanalytic technique does not encompass purposeful attempts to `convert,'
`repair,' change or shift an individual's sexual orientation, gender identity or gender
expression. Such directed efforts are against fundamental principles of psychoanalytic
treatment and often result in substantial psychological pain by reinforcing damaging
internalized attitudes";
j. The American Academy of Child and Adolescent Psychiatry has stated: "Clinicians should
be aware that there is no evidence that sexual orientation can be altered through therapy, and
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Page 12 of 16
that attempts to do so may be harmful. There is no empirical evidence adult homosexuality can
be prevented if gender nonconforming children are influenced to be more gender conforming.
Indeed, there is no medically valid basis for attempting to prevent homosexuality, which is not an
illness. On the contrary, such efforts may encourage family rejection and undermine self-esteem,
connectedness and caring, important protective factors against suicidal ideation and attempts.
Given that there is no evidence that efforts to alter sexual orientation are effective, beneficial or
necessary, and the possibility that they carry the risk of significant harm, such interventions are
contraindicated";
k. The Pan American Health Organization, a regional office of the World Health Organization,
has stated: "These supposed conversion therapies constitute a violation of the ethical principles
of health care and violate human rights that are protected by international and regional
agreements." The organization also noted that reparative therapies "lack medical justification and
represent a serious threat to the health and well-being of affected people";
The American School Counselor Association has stated: "It is not the role of the professional
school counselor to attempt to change a student's sexual orientation or gender identity.
Professional school counselors do not support efforts by licensed mental health professionals to
change a student's sexual orientation or gender as these practices have been proven ineffective
and harmful";
I. The American Association of Sexuality Educators, Counselors, and Therapists (AASECT)
has stated: "[H]aving a non -heterosexual sexual orientation, [ ] being transgender and [ ] being
gender non -conforming [ ] are not mental disorders. We oppose any `reparative' or conversion
therapy that seeks to `change' or `fix' a person's sexual orientation, gender identity or gender
expression. AASECT does not believe that non -heterosexual sexual orientation or being
transgender or gender non -conforming is something that needs to be `fixed' or `changed.' The
rationale behind this position is the following: Reparative therapy (for minors, in particular) is often
forced or non-consensual[;] Reparative therapy has been proven harmful to minors[;] There is no
scientific evidence supporting the success of these interventions[;] Reparative therapy is
grounded in the idea that non -heterosexual orientation, transgender gender identity and gender
non -conforming expressions are `disordered[`; and] Reparative therapy has been shown to be a
negative predictor of psychotherapeutic benefit;
m. The American College of Physicians has stated: "The College opposes the use of
`conversion,' `reorientation,' or `reparative' therapy for the treatment of LGBT persons. . . .
Available research does not support the use of reparative therapy as an effective method in the
treatment of LGBT persons. Evidence shows that the practice may actually cause emotional or
physical harm to LGBT individuals, particularly adolescents or young persons";
n. The Substance Abuse and Mental Health Services Administration has concluded that:
1. "Conversion therapy perpetuates outdated views of gender roles and identities as
well as the negative stereotype that being a sexual or gender minority or identifying as
LGBTQ is an abnormal aspect of human development. Most importantly, it may put young
people at risk of serious harm."
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2. "Conversion therapy —efforts to change an individual's sexual orientation, gender
identity, or gender expression — is a practice that is not supported by credible evidence,
and has been disavowed by behavioral health experts and associations."
3. "Same -gender sexual identity, behavior, and attraction are not mental disorders.
Same -gender sexual attractions are part of the normal spectrum of sexual orientation.
Sexual orientation change in children and adolescents should not be a goal of mental
health and behavioral interventions.";
o. In 2016, the American Medical Association issued policy statement H-160.991, which
expressly opposed the use of "reparative" or "conversion" therapy for sexual orientation or gender
identity;
p. The World Psychiatric Association issued a policy statement in 2016 on Gender Identity and
Same -Sex Orientation, which stated, "There is no sound scientific evidence that innate sexual
orientation can be changed. Furthermore, so-called treatments of homosexuality can create a
setting in which prejudice and discrimination flourish, and they can be potentially harmful. The
provision of any intervention purporting to `treat' something that is not a disorder is wholly
unethical;"
q. The National Association of Social Workers ("NASW") issued a 2015 policy statement stating
that "no data demonstrate that [ ] reparative or conversion therapy is effective" and that these
practices are "an infringement of the guiding principles inherent to social worker ethics and
values";
r. The Agency for Healthcare Research and Quality issued a clinician's guideline for
practitioners who work with children and adolescents based on research provided by the
American Academy of Child and Adolescent Psychiatry. It stated that "There is no empirical
evidence that adult homosexuality can be prevented if gender nonconforming children are
influenced to be more gender conforming. Indeed, there is no medically valid basis for attempting
to prevent homosexuality, which is not an illness. On the contrary, such efforts may encourage
family rejection and undermine self-esteem, connectedness, and caring, which are important
protective factors against suicidal ideation and attempts;"
s. The Centers for Disease Control and Prevention (CDC) states that "While many sexual
minority youth cope with the transition from childhood to adulthood successfully and become
healthy and productive adults, others struggle as a result of challenges such as stigma,
discrimination, family disapproval, social rejection, and violence. Sexual minority youth are also
at increased risk for certain negative health outcomes." According to the CDC's 2017 Youth Risk
Behavior Surveillance survey, as compared to heterosexual high school students, those students
self -identifying as lesbian, gay, or bisexual are:
1. 2 times more likely to be bullied at school or electronically;
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2. More than 2 times more likely to feel sad and hopeless;
3. 3 times more likely to have seriously considered suicide;
4. More than 3 times more likely to have made a suicide plan;
5. 4 times more likely to have attempted suicide; and
6. More than 4 times more likely to have been injured in a suicide attempt;
t. In 2009, The Family Acceptance Project found that "gay and transgender teens who were
highly rejected by their parents and caregivers were at very high risk for health and mental health
problems when they become young adults (ages 21-25). Highly rejected young people were:
1. More than 8 times as likely to have attempted suicide;
2. Nearly 6 times as likely to report high levels of depression;
3. More than 3 times as likely to use illegal drugs; and
4. More than 3 times as likely to be at high risk for HIV and sexually transmitted diseases
compared with gay and transgender young adults who were not at all or only rejected a
little by their parents and caregivers — because of their gay or transgender identity." The
same report also stated that LGBT youth experience attempts to change their sexual
orientation or gender identity as rejection or abuse;
u. A 2018 study by The Family Acceptance Project found the following:
1. Rates of attempted suicide by LGBT young people whose parents tried to change
their sexual orientation were more than double (48%) the rate of LGBT young adults who
reported no conversion experiences (22%). Suicide attempts nearly tripled for LGBT
young people who reported both home -based and out -of -home efforts to change their
sexual orientation (63%).
2. High levels of depression more than doubled (33%) for LGBT young people whose
parents tried to change their sexual orientation compared with those who reported no
conversion experiences (16%) and more than tripled (52%) for LGBT young people who
reported both home -based and out -of -home efforts to change their sexual orientation.
3. Sexual orientation change experiences during adolescence by both parents /
caregivers and individuals outside of the home were associated with lower young adult
socioeconomic status: less educational attainment and lower weekly income; and
v. A peer -reviewed article published in the American Journal of Public Health in 2020 by The
Trevor Project, which surveyed 34,000 LGBTQ youth between the ages of 13-24, found that five
percent of respondents reported being subjected to conversion therapy. 42 percent of these
LGBTQ youth who underwent conversion therapy reported a suicide attempt in the past year,
more than twice the rate of their LGBTQ peers who did not report undergoing conversion therapy.
These youth were also more than 2.5 times as likely to report multiple suicide attempts in the past
year compared to those who did not experience conversion therapy. 57 percent of transgender
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and nonbinary youth who had undergone conversion therapy reported a suicide attempt in the
last year; and
w. [City/County] has a compelling interest in protecting the physical and psychological well-
being of minors, including lesbian, gay, bisexual, and transgender youth, and in protecting its
minors against exposure to serious harms caused by conversion therapy.
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