HomeMy WebLinkAboutItem #2 - Amberg - Ordinance
City of San Luis Obispo, City Attorney’s Office, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7140,
slocity.org
DATE:January 20, 2021
TO:Administrative Review Board Agenda Correspondence
FROM:Mark Amberg, Assistant City Attorney
SUBJECT:Council Urgency Ordinance
On January 19, 2021, City Council adopted an emergency ordinance, Ordinance No. 1692 (2021
Series), amending Chapter 2.24 (Emergency Services) and Chapter 9.22 (Safety Enhancement
Zones) of the municipal code to provide expressly for direct enforcement of local, state, and federal
emergency rules, regulations, orders, directives, or other enactments related to the declaration of a
local, state or federal emergency affecting the City of San Luis Obispo and further clarifying the
meaning of the phrase “any lawful rule or regulation issued pursuant to this chapter” as used in
Chapter 2.24. A copy of the emergency ordinance is attached.
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ORDINANCENO. _____(2021SERIES)
ANEMERGENCY ORDINANCEOF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO, CALIFORNIA,AMENDING CHAPTER 2.24
(EMERGENCY SERVICES) AND CHAPTER 9.22(SAFETY
ENHANCEMENT ZONES)OF THE MUNICIPAL CODE TO PROVIDE
EXPRESSLY FOR DIRECT ENFORCEMENT OF LOCAL, STATE AND
FEDERAL EMERGENCY RULES, REGULATIONS, ORDERS,
DIRECTIVES, OR OTHER ENACTMENTS RELATED TO THE
DECLARATION OF A LOCAL, STATE OR FEDERAL EMERGENCY
AFFECTING THE CITY OF SAN LUIS OBISPO AND FURTHER
IN CHAPTER 2.24
WHEREAS,the Cityof San Luis Obispois currently subject to local, state and federal
declarations of emergency related to the pandemic COVID-19; and
WHEREAS, theCity and County have experiencedincreasing and significant rates of
infection, hospitalization,and death of residents within the City and Countydue to COVID-19;
and
WHEREAS,the City and County are currently subject to State Public Health and
Executive orders enacting limitations on certain activities and business operations that increase the
risk of transmission of COVID-19; and
WHEREAS,clear enforcement authority of public health and emergency measures
directly by the City is imperative to mitigating against the spread of COVID-19 and continuing
increases in illness,loss of lifeand extended economic damage associated with extended
limitationsonand closures of businesses.
WHEREAS,there is an immediate and urgent need for clarification and amendment of the
to ensure clear and consistent
enforcement of COVID-19emergency and public health measuresnecessary to mitigate against
the risk of serious harm to citizens of the City as the result of COVID-19.
WHEREAS, failure to enact the provisions below as emergency measurescould result in
the invalidation of City enforcement of urgent emergency rules and regulations intended to
mitigate and prevent the spread of COVID-19 within the City, resulting in the increase of activities
within the City that present a risk of continuing and increasing illness and death of residents in the
Citydue to COVID-19; and
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WHEREAS, failure or refusalof businesses within the city to comply withCOVID-19
public health and safety requirements, and uncertaintyregarding the Cityto enforcesuch
measures,mayunfairlydisadvantage businesses acting in good faith to abide by applicable health
and safety measures and result in an unfair advantage to businesses who violate or disregard such
measures,
NOW, THEREFORE, BE IT ORDAINEDby the Council of the City of San Luis Obispo
as follows:
SECTION 1.Findings.The Council hereby finds and declares the following:
a.During the existence of a declared local, state,or federal emergency, it is necessary for
the Emergency Services Director, the Disaster Council orthe City Council to have clear
authority to act quickly and directly to enact such measures as are deemed necessary to
protect the health, safety and welfare of City operations and the residents of the City.
b.Express and unambiguousauthorityto enforce emergency and public health measures,
orders or directivesissued by County, State and federal authorities will permitthe City
torespond effectively to rapidly evolving emergency situations and take direct and
expedient action to implement and enforceemergency and public health and safety
measures necessary to protectthe City organization and residentsof the City.
c.It is the intent of the City Council that nothingherein is intended to or shall require the
City to undertake the direct enforcement of any emergency or public health measure,
orderor directiveissued by any Countyof San Luis Obispo, State of California or
Unites States jurisdictional authority authorized to issue or enact such measures, orders
or directives, but that theEmergency Services Director, the Disaster Council or the City
Council shall beempowered to enforce such measures,orders or directives, either
criminally or administratively,as a violation of the municipal code upon declaration,
order or resolutionof the Emergency Services Director, the Disaster Council or the
City Councilpursuant toChapter 2.24 andtheir local emergency powers.
d.The addition of Section 2.24.060 A.6.f as set forth belowis a declaration and
clarification of existing city law and, as such, the declaration of otherwise existing
emergency authority shall be applied in all instances, both prospectively and
retroactively.
e.The addition of Sections2.24.100 D and E, as set forth in Section 3 below,is a
declaration and clarification of existing city lawand, as such, the meaning of the phrase
rule or regulation issued pursuant to this chapteras set forth in section D and as used
elsewhere in this Chapter shall be applied in all instances, both prospectively and
retroactively.
f.The addition of Sections2.24.100 F, as set forth in Section 3 below,is a declaration
and clarification of existing city law and, as such,the declaration and clarification of
existing emergency and legislative authority as set forth in Section Fshall be applied
in all instances, both prospectively and retroactively.
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SECTION 2.Section 2.24.060 (OfficersPowersand Duties), subsectionA.6,shall be
amended to add subsection f to read as follows:
f.Nothing herein shalllimit or otherwise preclude the Disaster Council or City Council
from directly enactingmeasures or directing enforcement of measures in furtherance
of this Chapter or as deemed necessary by the City Council to protect the public health,
safety,and welfare,pursuant to anydeclared local, state, or federal emergency by any
lawful means otherwise available to them, includingbut not limited to,declaration,
proclamation,motion, minute order, resolution,or ordinance.
SECTION 3.Section 2.24.100 (Violation Penalty) of the San Luis Obispo Municipal
Code shall be amended to read as follows:
It shall be a misdemeanor, punishable by a fine not in excess of five hundred dollars or by
imprisonment for a period not to exceed six months, or both, for any person, during an
emergency, toengage in the actions set forth in subsections A-Cbelow:
A.Willfullyobstruct, hinder,or delay any member of the emergency organization in the
enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the
performance of any duty imposed upon him or her by virtue of this chapter.
B.Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter,
if such act is of such a nature as to give, or be likely to give, assistance to the enemy or
to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay
the defense or protection thereof.Any violation of any duly enacted public health
measure tomitigate orprevent the transmission of a communicable disease that
presents a risk of serious illness or death to City residents or of any emergency measure
enacted to prevent the exposure of residents to shall be presumed toimperil the lives
or property of inhabitants of this city;and failure to remedy such violation after
direction by any authorized city personnel charged with enforcing such measures shall
be presumed toprevent,hinder or delay the defense or protection thereoffor purposes
of this Chapter.
C.Wear, carry or display, without authority, any means of identification specified by the
emergency agency of the state. (Prior code § 2430.7)
D.As used in this Chapter 2.24, issuedpursuant to this chapter,
in addition to any dulyadopted ordinance of the City,any duly adopted resolution,
proclamation, declarationororderof the City Council,the Disaster Councilor the
Emergency Services Director in furtherance of their respective emergency powers
pursuant to a declared local(City or County), state or federal emergency affecting the
City of San Luis Obispo.
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E.As used in this Chapter 2.24, rshall
also include any emergency or public health measure, order or directive applicable in
the City and issued by any County of San Luis Obispo, State of California or Unites
States jurisdictional authority authorized to issue or enact such emergency or public
health measures, orders or directives,where the City Council, Disaster Council and/or
Emergency Services Director has authorized or directed the enforcement of such
measures pursuant to their powers underthis chapter or their otherwise applicable
authority to take actions in furtherance of the health, safety and welfare of thecity
organization and residents.
F.In addition to misdemeanor prosecution, nothing herein shall preclude enforcement of
violations of this Chapter by anymeansotherwise permitted by the San Luis Municipal
Code or other applicable law, including but not limited to administrative or civil
enforcement.
SECTION 4.Section 9.22.020 B(Safety Enhancement Zone Violations)of Chapter 9.22
(Safety enhancement zone penalties and violations)is amended to read as follows:
B.Safety Enhancement Zone Violations. Fines for violations committed in the safety
enhancement zone shall apply to the following provisions: Chapter 9.04 (possession of
open containers or consumption of alcoholic beverages inpublic places), Chapter 9.05
(hosting a gathering where underage persons consume alcohol), Chapter 9.12 (noise
control), Chapter 9.13 (unruly gatherings), Chapter 9.16 (dangerous and deadly
weapons), and Chapter 9.20 (urination in public). Violations of Chapter 2.24
(Emergency Services),orof any duly enacted rule or regulation pursuant to Chapter
2.24,orofany local(City or Countyof San Luis Obispo),Stateof California,or United
Statesemergency or public health emergency measure, orderor directiveissued
pursuant to any declared local, state,or federal emergencyapplicable within the City
shall be subject to enforcement throughout the geographic limits of the City under this
section immediatelyupondeclaration of the emergency,and for the duration of the
declared emergency,and shall be subject to an immediate $1,000 penaltyas an
immediate threat to public health or safety.A separate offense shall be deemed to have
been committed whenever a person repeats the act that constitutes the violation.
SECTION 5. All prior ordinances affecting the provisions herein are superseded to the
extent inconsistent herewithbutshall otherwise remain in full force and effect.
SECTION6. Urgent Need. Based on the foregoing recitals and findings, all of which are
deemed true and correct, this ordinance is urgently necessaryas an emergency measure for the
immediate preservation of the public peace, health,or safety and, therefore, shall take effect
immediately upon adoption in accordance with the provisions of Article VI, Section 605 of the
City Charterand Section 36937(b) of the Government Code.
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SECTION 7. Publication. Within 15 days after its passage, the City Clerk shall causea
summary of this Ordinance to be published at least once, with the names of those City Council
Members voting for and against the Ordinance, in a newspaper of general circulation published
and circulated in the city.
SECTION 8. Severability. If any provision of this Ordinance is held invalid by a court
of competent jurisdiction, such provision shall be considered a separate, distinct,andindependent
provision and such holding shall not affect the validity and enforceability ofthe other provisions
of this Ordinance.
INTRODUCEDand ADOPTED on the ____ day of ___________, 2021, by the Council
of the City of San Luis Obispo, on the following vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, on ____________________________.
______________________________
Teresa Purrington
City Clerk
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