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Home My WebLink AboutORD 3308BILL NO. 61 ORDINANCE NO. 3308 AN ORDINANCE AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, AUTHORIZING THE MAYOR, PURSUANT TO IDAHO CODE §§ 50-304 AND 50-606, TO IMPLEMENT BY APPROPRIATE ORDER ANY MEASURES, AT HIS DISCRETION AND UNTIL A STATE OF EMERGENCY NO LONGER EXISTS FOR THE CITY OF CALDWELL, 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; RENEWING AND EXTENDING THE CITY OF CALDWELL'S STATE OF EMERGENCY CONCURRENT WITH THE STATE'S STATE OF EMERGENCY; PROVIDING FOR AN EFFECTIVE DATE; 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 16`h, 2020 in response to COVID-19, which the City Council has confirmed and extended from time to time 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 AND RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That the state of emergency declared to exist by the Mayor's Emergency Declaration of March 16`h, 2020, is hereby renewed and extended by the Mayor and City Council so that it will continue until the state of emergency existing in the State of Idaho is terminated by the Governor. Section 2. The Mayor is hereby authorized to implement by appropriate order any measures, at his discretion and until the State of Idaho is no longer in a state of emergency, that are recommended by one or more public health agencies to prevent the spread of COVID-19. Section 3. The Mayor shall have the authority to suspend, on a temporary basis, not to exceed ninety (90) days, any City Code section, policy, rule or ordinance ("Regulation") on the following conditions: 3.1 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; 3.2 Businesses operating in connection with any such suspension conduct such operations in full compliance with the stay at home order. Section 4. 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. Section 5. That any violation of an order issued by the Mayor made pursuant to this ordinance shall be a misdemeanor. Section 6. 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 7. 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 8. 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 9. All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 161' day of November, 2020. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 16s' day of November, 2020. ATTEST: Mayor Garret L. Nancolas City Clerk (or Deputy) .•`' OF C.44,6 G.6 'co�oky��' S !ANIS • 6 ,•'�O % O •. 1890 .• .` ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 3308 AN ORDINANCE AND RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, AUTHORIZING THE MAYOR, PURSUANT TO IDAHO CODE §§ 50-304 AND 50-606, TO IMPLEMENT BY APPROPRIATE ORDER ANY MEASURES, AT HIS DISCRETION AND UNTIL A STATE OF EMERGENCY NO LONGER EXISTS FOR THE CITY OF CALDWELL, 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; RENEWING AND EXTENDING THE CITY OF CALDWELL'S STATE OF EMERGENCY CONCURRENT WITH THE STATE'S STATE OF EMERGENCY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT HEREWITH. Section 1: Renews the City of Caldwell's state of emergency. Sections 2 through 4: Renews mayoral authority to implement and suspend rules, regulations, and ordinances necessary to respond to COVID-19, so long as such suspensions do not negatively impact life - safety regulations or put the public at risk of physical danger. Section 5: Renews the penalty for violations of mayoral orders as a misdemeanor. Sections 6 through 7: Provides that this ordinance is responding to the impending danger of a contagious disease and shall immediately be in full force and effect from and after its passage, approval, and posting pursuant to Idaho Code § 50-901, it also requiring publication according to law. Sections 8 through 9: Provides for severability; repeals conflicting ordinances, resolutions, and orders Ordinance No. 3308 provides an effective date, which shall be on the 16t1 day of November, 2020. Ordinance No. 3308 was passed by the Council and approved by the Mayor on the 16th day of November, 2020. The full text of the Ordinance is available at Caldwell City Hall, 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary on the 16th day of November, 2020, for publication on the 24th day of November, 2020, pursuant to Idaho Code § 50-901 A. Mayor Garret Nancolas ATTEST: Debbie Geyer, City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 3308 and provides adequate notice to the public as to the contents of such ordinance. rl.i DATED this 16th day of November, 2020. Mark Hilty, Attorney for City of Caldwell MEMO TO FILE TO: File FROM: Debbie Geyer, Caldwell City Clerk DATE: November 17, 2020 RE: CITY OF CALDWELL ORDINANCE NO. 3308 Posting of document per Idaho Code 50-901 This is to verify that Ordinance No. 3308 has been posted in at least five (5) public places within the Caldwell City Limits, pursuant to Idaho Code 50-901. 1) Caldwell City Hall (411 Blaine Street) 2) Caldwell Development Services (621 Cleveland Blvd.) 3) Caldwell Public Library (1010 Dearborn Street) 4) Caldwell Veteran's Hall (1101 Cleveland Blvd.) 5) Canyon County Courthouse and Administrative Building (1115 Albany Street and 111 North 11th Avenue) Signed: Debbie Geyer Caldwell City Clerk