HomeMy WebLinkAboutO-1692 amending Chapter 2.24 (Emergency Services) and Chapter 9.22 (Safety Enhancement Zones) of the Municipal CodeO 1692
ORDINANCE NO. 1692 (2021 SERIES)
AN EMERGENCY ORDINANCE OF 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
CLARIFYING THE MEANING OF THE PHRASE “ANY LAWFUL RULE
OR REGULATION ISSUED PURSUANT TO THIS CHAPTER” AS USED
IN CHAPTER 2.24
WHEREAS, the City of San Luis Obispo is currently subject to local, state and federal
declarations of emergency related to the pandemic COVID-19; and
WHEREAS, the City and County have experienced increasing and significant rates of
infection, hospitalization, and death of residents within the City and County due 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 life and extended economic damage associated with extended
limitations on and closures of businesses.
WHEREAS, there is an immediate and urgent need for clarification and amendment of the
City’s emergency and administrative enforcement provisions to ensure clear and consistent
enforcement of COVID-19 emergency and public health measures necessary 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 measures could 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
City due to COVID-19; and
Ordinance No. 1692 (2021 Series) Page 2
O 1692
WHEREAS, failure or refusal of businesses within the city to comply with COVID-19
public health and safety requirements, and uncertainty regarding the City’s ability to enforce such
measures, may unfairly disadvantage 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 ORDAINED by 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 or the 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 unambiguous authority to enforce emergency and public health measures,
orders or directives issued by County, State and federal authorities will permit the City
to respond effectively to rapidly evolving emergency situations and take direct and
expedient action to implement and enforce emergency and public health and safety
measures necessary to protect the City organization and residents of the City.
c. It is the intent of the City Council that nothing herein is intended to or shall require the
City to undertake the direct enforcement of any emergency or public health measure,
order or directive issued by any County of San Luis Obispo, State of California or
Unites States jurisdictional authority authorized to issue or enact such measures, orders
or directives, but that the Emergency Services Director, the Disaster Council or the City
Council shall be empowered to enforce such measures, orders or directives, either
criminally or administratively, as a violation of the municipal code upon declaration,
order or resolution of the Emergency Services Director, the Disaster Council or the
City Council pursuant to Chapter 2.24 and their local emergency powers.
d. The addition of Section 2.24.060 A.6.f as set forth below is 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 Sections 2.24.100 D and E, as set forth in Section 3 below, is a
declaration and clarification of existing city law and, as such, the meaning of the phrase
“rule or regulation issued pursuant to this chapter” as 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 Sections 2.24.100 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 F shall be applied
in all instances, both prospectively and retroactively.
Ordinance No. 1692 (2021 Series) Page 3
O 1692
SECTION 2. Section 2.24.060 (Officers – Powers and Duties), subsection A.6, shall be
amended to add subsection f to read as follows:
f. Nothing herein shall limit or otherwise preclude the Disaster Council or City Council
from directly enacting measures 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 any declared local, state, or federal emergency by any
lawful means otherwise available to them, including but 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, to engage in the actions set forth in subsections A-C below:
A. Willfully obstruct, 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 to mitigate or prevent 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 “to imperil 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 “to prevent, hinder or delay the defense or protection thereof” for 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, “rule or regulation issued pursuant to this chapter” means,
in addition to any duly adopted ordinance of the City, any duly adopted resolution,
proclamation, declaration or order of the City Council, the Disaster Council or 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.
Ordinance No. 1692 (2021 Series) Page 4
O 1692
E. As used in this Chapter 2.24, “rule or regulation issued pursuant to this chapter” shall
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 under this chapter or their otherwise applicable
authority to take actions in furtherance of the health, safety and welfare of the city
organization and residents.
F. In addition to misdemeanor prosecution, nothing herein shall preclude enforcement of
violations of this Chapter by any means otherwise 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 in public 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), or of any duly enacted rule or regulation pursuant to Chapter
2.24, or of any local (City or County of San Luis Obispo), State of California, or United
States emergency or public health emergency measure, order or directive issued
pursuant to any declared local, state, or federal emergency applicable within the City
shall be subject to enforcement throughout the geographic limits of the City under this
section immediately upon declaration of the emergency, and for the duration of the
declared emergency, and shall be subject to an immediate $1,000 penalty as 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 herewith but shall otherwise remain in full force and effect.
SECTION 6. Urgent Need. Based on the foregoing recitals and findings, all of which are
deemed true and correct, this ordinance is urgently necessary as 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 Charter and Section 36937(b) of the Government Code.
Ordinance No. 1692 (2021 Series) Page 5
O 1692
SECTION 7. Publication. Within 15 days after its passage, the City Clerk shall cause a
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, and independent
provision and such holding shall not affect the validity and enforceability of the other provisions
of this Ordinance.
INTRODUCED and ADOPTED on the 19th day of January 2021, by the Council of the
City of San Luis Obispo, on the following vote:
AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and
Mayor Harmon
NOES: None
ABSENT: None
____________________________________
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