HomeMy WebLinkAboutORD 3273-ABILL NO. 16
ORDINANCE NO. 3273-A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO,
AUTHORIZING THE MAYOR, PURSUANT TO IDAHO CODE §§ 50-304 AND 50-6069
TO IMPLEMENT BY APPROPRIATE ORDER ANY MEASURES, AT HIS
DISCRETION AND UNTIL 9:OOPM ON MAY 18, 2020, THAT ARE RECOMMENDED
BY PUBLIC HEALTH AGENCIES TO PREVENT THE SPREAD OF COVID-19;
PROVIDING FOR THIS ORDINANCE TO BE IMMEDIATELY EFFECTIVE;
PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH.
WHEREAS, the novel coronavirus known as COVID-19 has been declared a pandemic
by the World Health Organization; and
WHEREAS, the President of the United States has declared a state of emergency in
response to the national threat of COVID-19; and
WHEREAS, the Governor of the State of Idaho has declared a state of emergency for the
state of Idaho in response to the state threat of COVID-19; and
WHEREAS, the Mayor, pursuant to Idaho Code § 46-1011, has issued an Emergency
Declaration, dated March 161h, 2020 in response to COVID-19, which the City Council, on that
same date, confirmed and extended until April 6, 2020, and again on April 6 until April 20, 2020,
pursuant to Idaho Code § 46-1011; and
WHEREAS, the local governments in Idaho look to the Idaho Department of Health and
Welfare and its local health district, the Governor's Coronavirus Working Group, and the U.S.
Department of Health and Human Services, specifically the Centers for Disease Control and
Prevention and the Office of the Surgeon General, ("public health agencies") for guidance on the
appropriate level of response to COVID-19; and
WHEREAS, the City wishes to be in position to carry out recommendations of public
health agencies as quickly as possible; and
WHEREAS, the City, pursuant to Idaho Code § 50-304, may "pass all ordinances and
make all regulations necessary to preserve the public health; prevent the introduction of contagious
diseases into the city; make quarantine laws for that purpose and enforce the same;" and
WHEREAS, pursuant to Idaho Code § 50-606, the Mayor "shall have such jurisdiction as
may be vested in him by ordinance ... for the enforcement of any health or quarantine ordinance
and regulation thereof...."
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO:
Section 1. The Mayor is hereby authorized to implement by appropriate order any measures,
at his discretion and until 9:00pm on May 18, 2020, that are recommended by one or more public
health agencies to prevent the spread of COVID-19.
Section 2. The Mayor shall have the authority to discontinue any measure implemented
pursuant to the preceding section upon recommendation of any of the public health agencies at his
discretion and until 9:00pm on May 18, 2020.
Section 3. That any violation of an order issued by the Mayor made pursuant to this ordinance
shall be a misdemeanor.
Section 4. The Mayor and City Council hereby proclaim this ordinance, which ordinance is
responding to the impending danger of a contagious disease, to be in immediate effect pursuant to
Idaho Code § 50-901.
Section 5. This ordinance, being in response to the impending danger of a contagious disease,
shall be in full force and effect immediately upon its passage, and shall, in addition to the regular
publication of an ordinance, shall be posted in at least five (5) public places in the city, pursuant
to Idaho Code § 50-901.
Section 6. This ordinance is hereby declared to be severable. If any portion of this ordinance
is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in
frill force and effect and shall be read to carry out the purposes of the ordinance before the
declaration of partial invalidity.
Section 7. All ordinances, resolutions, orders and parts thereof in conflict herewith are
repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 20'^
day of April, 2020.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 201
day of April, 2020.
Mayor Garret L. Nancolas
ATTEST:
City Clerk (or Deputy)
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