HomeMy WebLinkAboutORD 3273-B i
BILL NO. 20
ORDINANCE NO.3273-B
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 9:00 PM ON DUNE 15, 2020, THAT ARE RECOMMENDED
BY PUBLIC HEALTH AGENCIES TO PREVENT THE SPREAD OF COVID-19 OR TO
TEMPORARILY SUSPEND CERTAIN CITY CODE PROVISIONS TO FACILITATE
THE REOPENING OF CITY BUSINESSES; 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
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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 ,has
confirmed and extended from time to time(currently set to expire May 18,2020)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 Wand
Prevention and the Office of the Surgeon General, ("public health agencies") for guidance on the
appropriate level of response to COl19; 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 has delayed public hearing and other public processes such as design
review to prevent gatherings of people that may present a risk of spreading the COVID-19; and
WHEREAS, the businesses in Caldwell have been adversely affected by the state-wide
"stay at home order" and are attempting to open in ways that comply with he phased opening
implemented by the Governor's Office; and
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WHEREAS, said businesses have been hampered by Caldwell City Code provisions that
require public hearings or other public process, or by aesthetic requirements and setbacks that may
make social distancing unnecessarily difficult; 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 June 15, 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 suspend, on a temporary basis,not to exceed
ninety (90) days, which period of suspension may continue beyond June 15,2020, any City Code
section,policy, rule or ordinance ("Regulation") on the following conditions:
2.1 The Regulation suspended is not a life-safety provision and suspension will
not place the public at risk of physical dangers the Regulation seeks to prevent;
2.2 Businesses operating in connection with any such suspension conduct such
operations in full compliance with the stay at home order.
Section 3. The Mayor shall have the authority to discontinue any measure implemented
pursuant to this ordinance upon recommendation of any of the public'health agencies or his
discretion and until 9:00pm on June 15, 2020.
Section 4. That any violation of an order issued by the Mayor made pursuant to this ordinance
shall be a misdemeanor.
Section 5. 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 6. 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 7. 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.
full force and effect and shall be read to carry out the purposes of the ordinance before the
declaration of partial invalidity.
Section 8. All ordinances, resolutions, orders and parts thereof in conflict herewith are
repealed.
PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO,this 8th day
of May, 2020.
APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 8t'
day of May, 2020.
ATTEs'r:
Mayor Garret L. Nancolas City Clerk (or Deputy)
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