HomeMy WebLinkAboutItem 01 - City Manager Report PresentationCONSIDERATION OF EMERGENCY
ORDINANCE FOR ENFORCEMENT OF
EMERGENCYAND PUBLIC HEALTH
MEASURES
Recommendation
Adopt an Emergency Ordinance to codify expressly City authority to
enforce measures enacted pursuant to a declared federal, state or
local emergency, as follows:
1. Amend Chapter 2.24 (Emergency Services) to include express
authorization for direct enforcement of local, state and federal
emergency rules, regulations, orders, directives, or other
measures related to the declaration of a local, state or federal
emergency affecting the City of San Luis Obispo; and declaring
and clarifying the meaning of the phrase "any lawful rule or
regulation issued pursuant to this Chapter" as used in Chapter
2.24."
2. Amend Chapter 9.22 (Safety Enhancement Zones) of the
Municipal Code to expressly designate violations of Chapter
2.24, or any validly enacted County, State or Federal emergency
or public health measures, as subject to $1000 fines
immediately upon declaration of emergency and for the duration
of a declared emergency.
Existing Enforcement Authority &
Measures
■ The City Council and Emergency Services Director have broad powers under
the Municipal Code and state law to enact "rules and regulations on matters
reasonably related to the protection of life and property as affected by such
emergency"
■ Strong emphasis on education, outreach and business support to ensure
understanding of evolving state requirements and support compliance for
whole community benefit; penalties have been imposed only for large, unsafe
gatherings and continuing and willful business violations
■ Pursuant to the currently declared federal, state and County COVID-19
emergency, the City Council took prior action via Council Resolution 11099
and 11106 (2020 Series) to declare a local emergency and to enact
emergency measures for the administrative enforcement of violations of any
COVID-19 related public health and emergency orders against persons and
businesses that failed or refused to comply with public health orders
Purpose of Amendments
■ Clarify the Council's intent regarding enforcement of
current state and local emergency and public health
measures to prevent the continued spread of COVID-19
■ Create greater clarity in communicating requirements to
the public
■ Explicitly codify local enforcement authority in the text of
current ordinances for purposes of future disaster or
emergency events and eliminate the need for
intermediate actions by the Council to ensure efficiency
and responsiveness under emergency circumstances
■ Requires approval by at least a 4/5 majority of Council; if
approved becomes effective immediately
Proposed Amendments
■ https://slocitycloud.sharepoint.com/:w:/r/sites/SLOHub
/City
Attorney/Shared %20Documents/Agenda%20ltems%2
0(Reports%20-
%20Advice)/City%20Council/20210119 EmergencyO
rd/Redline%20for%201-
12021 %20Meeting.docx?d=w1 c7824c3526d44e481 a
ce 1 cOf019ed0f&csf=1 &web=1 &e=XLVam h