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HomeMy WebLinkAbout2020 Ordinance No. 010ORDINANCE NO. 10 SERIES OF 2020 BY AUTHORITY COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER STONE AN EMERGENCY ORDINANCE CONCERNING THE CORONAVIRUS (COVID-19) PUBLIC HEALTH EMERGENCY WHEREAS, on March l 0, 2020 Jared Polis, the Governor of the State of Colorado, declared a statewide state of emergency in response to corona virus (COVlD-19); WHEREAS, the World Health Organization has declared the coronavirus (COVlD-19) to be a worldwide pandemic; WHEREAS, the coronavirus (COVlD-19) has been confirmed to exist in Denver County, Arapahoe County and Jefferson County; WHEREAS, the En glewood City Council confirms that the public health of the citizens of E nglewood is the City Council's top priority; WHEREAS, the Englewood City Council is empowered by Section 31-15-40l(l)(b) C.R.S., to do all acts and make all regulations which may be necessary or expedient for the promotion of health or suppress ion of disease; WHEREAS, the Englewood City Council finds and determines that the adoption of this ordinance is necessary for the promotion of health and the suppression of disease; WHEREAS, the Englewood City Council finds and determines that the adoption of this ordinance is proper under Section 3l-15-401 ( I )(b ), C.R.S. and other applicable laws; and WHEREAS, the Englewood City Charter, Section 41 provides for the passage and immediate enacting of emergency ordinances necessary for the immediate preservation of public property, health, peace, or safety. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title. This ordinance shall be known and may be cited as the City or Englewood Coronavirus (COVID-19) Ordinance. Section 2. Intent. It is the intent of this ordinance to provide the necessary organization, po wers, and authority to enable the timely and effective use of all available C ity resources to prepare for, respond to, and recover from the declared local public health emergency. This ordinance is intended to grant as broad a power as is permitted within the letter and spirit of section 41 of th e City Charter and the Council-Manager form of government, and this ordinance shall be interpreted in accordance with such intent. The City Council retains the power to direct the City Manager during the pendency of the current corona virus (COVID-19) public health emergency. 1 Section 3. Public Health Emergency Declared. The City Council hereby declares that a public health emergency relating to the coronavirus (COVID-19) exists within the City. Such circumstance is referred to in this ordinance as the "public health emergency." The public shall be notified of this declaration through general dissemination to the news media, posting on the C ity website, or other means of publicity intended to advise the general public. Section 4. Duration of Declaration of Public Health Emergency. The declaration of the public health emergency as provided in Section 3 of this ordinance shaJl remain in effect until the City Council declares that the emergency has passed. Section 5. Powers: Unti l the City Council declares that the public health emergency has passed the City Manager has full power and authority to take the following actions and issue the following orders: (a) any action necessary fo r the protection of life and property, including, but not lim ited to, establishing regulations governing conduct related to th e cause of the public heaJth emergency; (b) an order establishing a curfew during such hours of the days or nights and affecting such categories of persons as may be designated in accordance with direction from the State and/or Federal governments; ( c) an order to direct and compel the evacuation of a ll or a part of the population from any stri cken or threatened areas within the City if the City Manager deems this action is necessary for t h e preservation oflife, property or other public h ealth emergency mitigation, response or recovery activities and to prescribe routes, modes of transportation and destination in connection with an evacuation; (d) an order controlling, restricting, allocating or regulating the use, sale, production or distribution of food, water, clothing, and other commodities, materials, goods, serv ices and resources ; (e) an order requiring the closing of businesses deemed nonessential by the City Manager, following consultation with the City Council; (f) to suspend City board a nd commission meetings to include, but not be limited to, meetings of the Planning Commission, Board of Adjustment and Appeals, Liquor and Marijuana Licensing Authority, or modify meeting rules to allow for telephone, teleconferencing or m eeting by other e lectronic means; (g) to appropriate and expend funds , execute contracts, authorize the obtaining and acquis ition of equipment, services, suppli es and materials without strict compliance w ith procurement regulations or procedures; (h) transfer the direction, personnel, or functions of City departments and agencies for the purposes of performing or facilitating public health emergency services; (i) utiliz e all availa ble resources of the C ity as may be reasonably necessary to cope w ith this pubjjc health emerg ency whether in preparation for, response to, or r ecovery from this p ublic health emergency; G) accept services, gifts, grants and loans, equipment, supplies, and materials whether from private, nonprofit or governmental sources related to the C ity's response to this emergency; (k) to make application for loca l, state or federal assistance; (I) to terminate or suspend any process, operation, machine, device o r event that is or may negatively impact the health, safety and welfare of persons or property within the City; (m) delegate authority to such City officials as the C ity Manager determines reasonably necessary or expedient; (n) limit the use of any City-owned building, facility, or property as to time, manner, and permitted activiti es, including, but not limited to, limiting t he permissible numbe r of p e pple that may lawfully occupy s uch building, facility, or property at any one time; 2 ( o) close and prohibit the use of any City-owned building, facility, or property; (p) exercise such powers and functions in light of the ex igenci es of this public health emergency, including, but not limited to, the waiving of compliance with any time-consuming procedures and formalities, includ ing notices, as may be prescribed by law pertaining thereto; a nd ( q) issue any and a ll other o rders or undertake s uch other functions and activities as the City Manager reasonably believes is required under the circumstances to protect the health, safety, welfare of persons or property within the C ity of Englewood, or to otherwise preserve the public peace or abate, clean up, or mitigate the effects of the public health emergency. Depending upon the changing needs of the community, the restrictions imposed in accordance with the above list of authorizations may be modified from time to time during the term of this emergency ordinance upon the discretion of the City Manager, under the direction of City Council. Section 6. Enforcement of Orders: (a) The members of the City's Police Department, code e nforcement, and such other law enforcement and peace officers as may be authorized by the City Manager are herby authorized and directed to enforce the orders, rules, and regulations made or issued pursuant to this ordinance. All members of the public shall be deemed to have been given notice of all orders, rules, a nd regulations made or issued pursuant to this ordinance upon their dissemination to the news media or publication on the City website. Additional means of publicity will be utilized as are available. (b) Until the City Council declares that the public health emergency has passed, no person shall: (I) enter or remain upon the premises of any establishment not open for business to the general public, unless such person is the owner or authorized agent of the establishment. (2) violate the provisions of this ordinance. (3) violate any of the orders duly issued by the City Manager or designee pursuant to Section 5 of this ordinance. (4) willfully obstruct, hinder, or delay any duly a uthorized City officer, employee or volunteer in the enforcement or exercise of the provisions of this ordinance, or of the undertaking of any activity pursuant to this ordinance. (c) It is unlawful and a misdemeanor offense for any person to violate any provision of this Section 6. Any person convicted of a violation of this section shall be subject to the 2 penalties set forth in section 1-4-1 of the Englewood Municipal Code. Section 7. City Council Meetings and Departments: (a) For the duration of the public health emergency, the City Counci l may meet in accordance with their duly approved electronic meeting policy. Additionally, if a City Council member reasonably determines that his or her personal attendance at an in-person C ity Council m eeting would not be prudent, such Council member may li s ten by telephone, v ideo confer encing, or other electronic means to any Counci l meeting ("Electronic Participation "). Such Co uncil m ember listening via telephone or other electronic means shall be deemed pre.5ent for purposes of determining a quorum. The member of City Council may not participate nor vote in a quasi -judicial public hearing; however, the Council member may maintain the electronic connection and monitor and listen to the hearing. The member of City Council may participate and vote in legislative matters. Electronic Participation is al so avai lable to a C ity Council member during an executive s ession. The City Counc il may discontinue the use of Electronic Participation by one or more members during a meeting where the participation results in delays or interference in the meeting process; e .g., where the telephone connection or connection by other electronic means is repeatedly lost, the quality of the connection is unduly noisy or otherwise problematic to the conduct of the meeting, o r the listening member is unable to hear speakers using a normal speaking voice 3 amplified to a level suitable for the meeting audience in attendance. Whenever a City Council member is allowed to participate in a City Council meeting by telephone or other electronic means pursuant to this Rule, the following additional rules shall be observed: (I) All members of the City Council must be able to hear one another or otherwise communicate with one another, and be able to hear all discussion and testimony in a manner designed to provide maximum notice and participation; (2) Members of the public present at the meeting location must be able hear all discussion, testimony, and votes; (3) All votes held at the meeting shall be conducted by roll call. (4) To the extent possible, full and timely notice shall be g iven to the public setting advising that one or more members of the City Council. may participate in the meeting electronicall y. (5) Participation in a regu lar C ity Counci l meeting by telephone or other electronic means in accordance w ith this Rule s ha ll not be considered to be a "failure to attend" a regular Coun cil meeting for determining whether a vacancy in the office of the Mayor or a Council member has occurred. (b) Whenever the public health emergency makes it imprudent or imposs ible for City Council to meet at a previously scheduled date and time, s uch meeting shall be deemed to be postponed until a quorum of the City Council is able to meet either in-person or electronically. (c) Any official act or meeting required to be performed at any regular location of th e City Council is valid when performed at any temporary location under this section. (d) T he provisions of this section shall apply to all executive, legislative, and judic ial branches, powers and functions conferred upon the City and its officers, employ ees, and authorized agents by the Colorado Constitution, Colorado Statutes, the City of E nglewood Charter, and the City of Englewood Municipal Code. Section 8. Access to Tabor Funds: During the current public health emergency the City Manager shall have access to th e C ity 's emergency funds mandated by the Taxpayer's Bill of Right s (TABOR) as set forth in Article X , Section 20, Subsection (5) of the Colorado Constitution, entitl ed "Emergency reserves." Funds utilized pursuant to this ordinance s hall be replenished no later than the conclus ion of the fiscal year followin g t he end of t he c urrent public health emergency. Section 9. Conflict with Other Laws: If any provis ion of th is ordinance conflicts with the City Charter, the City Charter sha ll control. If any provision of this ordinance conflicts w ith any provision of the City of Englewood Municipal Code, or any provision of t he City C ounci l's Procedures and Rules of Order, this ordinance shall control. Sect ion 10. Poli ce Power F inding. T he City C ouncil hereby fi nds, determines and declares that this ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the City of Englewood and the inhabitants thereof Section 11. Authority. The City Council h ereby finds , determin es a nd declares that it has the power to adopt this ordi nance pursuant to the provisions of Section 31 -15 -40l(l )(b) C.R.S., and the powers possessed by home rule municipalities in Colorado. Section 12. E mergency Declaration. The City Counci l of the City of Engl ewood hereby finds , d etermines and decJares that an emergency ex is ts and tha t this ordinance is neces sary for the immediate preservation of publi c property, health, welfare, peace or safety for the reasons enumerated in the introductory paragraphs of this ordinance, which are incorporated into this 4 Section 13 by reference. The City Council further determines that the adoption of this ordinance a s a n emergency ordinance is in the best interest of the citizens of the City of E n glewood. Section 13. Effective Date. Pursuant to Section 41 of the Englewood Charter this Ordinance shall take effect and be in full force upon adoption of this ordinance by the affirmative votes of at leas t five (5) members of the City Council. Section 14. Publication of Ordinance. This ordinance shall be publis hed in full within ten 5 (I 0) days after adoption, or as soon thereafter as possible, as required by Section 41 of the Englewood Charter. Introduced, read in full, and passed on first reading on the 17th day of March, 2020. Published in full as a Bill for an Emergency Ordinance on the City's official website on the 18th day of March, 2020. Read by Title and passed on final reading on the 18t h day of March, 2020. Published in full on the City's official website beginning on the l 9tll day of March, 2020 for thirty (30) days. Linda Ols on, Mayor ATTEST: l , Stephanie Carlile, City Clerk of the City of Eng lewood, Colorado, hereby certify that the above and foregoing is a true copy of the Emergency Ordinance introduced, read in full, and passed on final reading on the 18 th day of March, 2020. 5