The URL can be used to link to this page

Home My Public Portal AboutOrd. 986 Emergency Powers ORDINANCE 986 AN EMERGENCY ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY IDAHO, ESTABLISHING EMERGENCY POWERS; SETTING FORTH THE AUTHORITY, PURPOSE AND INTENT; DEFINITIONS; DESCRIBING PUBLIC HEALTH EMERGENCY ORDERS; PROCESS FOR ENACTING PUBLIC HEALTH EMERGENCY ORDERS; PROVIDING FOR EXCLUSIONS; PROVIDING FOR SUSPENSION OF SERVICES AND DEADLINES; FORCE MAJEURE CLAUSE; PENALTY; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on March 11, 2020, the World Health Organization declared the worldwide outbreak of COVID-19 (aka coronavirus) a pandemic; and WHEREAS, on March 13, 2020, the President of the United States issued an emergency declaration for the country in response to the increasing number of COVID-19 cases within the U.S.; and WHEREAS, on March 13, 2020, Idaho Governor Brad Little signed a declaration of emergency for the State of Idaho in response to concerns that cases of COVID-19 are imminent in Idaho; and WHEREAS, on March 16, 2020 the Mayor of McCall signed a declaration of emergency in response to the COVID-19 threat; and WHEREAS, under Idaho Code section 50-304, the City Council is authorized to pass all ordinances and make all regulations necessary to preserve the public health, prevent the introduction of contagious diseases into the city, and to make quarantine laws for that purpose and enforce the same within five (5) miles of McCall city limits, any health or quarantine ordinance and regulation thereof; and WHEREAS, under Idaho Code sections 50-811 and 50-606, the City Manager shall have such jurisdiction as may be vested by ordinance over all places within five (5) miles of the corporate limits of the city, for the enforcement of any health or quarantine ordinance and regulation thereof; and WHEREAS, in order to effectively preserve the health and safety of the public, the City Manager is granted the emergency powers contained within this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MCCALL, IDAHO: Page 1 of 8 Ord. 986 McCall Emergency Powers March 20, 2020 SECTION 1. EMERGENCY POWERS. The City Manager shall have such jurisdiction over all places within five (5) miles of the corporate limits of the City, for the enforcement of any health or quarantine ordinance and regulation thereof, including ordinances and all regulations necessary to preserve the public health; to prevent the introduction of contagious diseases into the City; and enforce quarantine regulations and laws for that purpose. SECTION 2: LEGAL AUTHORITY. Idaho Code sections 50-811, 50-304 and 50-606 authorize the city of McCall, state of Idaho ("City") to pass ordinances granting certain powers to the City Manager and City Council related to public health emergencies. SECTION 3 PURPOSE AND INTENT. The City finds that the preservation of public health, safety, and welfare may require immediate action by the City in response to emergency situations. Therefore, the City hereby authorizes the City Manager and City Council certain powers for immediate response to foreseeable, imminent, or present public health emergencies. SECTION 4 SCOPE. This Ordinance sets forth the procedures for activating the emergency powers of the City Manager, Mayor and City Council during a public health emergency. SECTION 5 DEFINITIONS. For the purposes of this Ordinance, the following terms, phrases, words, and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this Ordinance, but not defined herein, shall have their plain, ordinary, and common meaning. Words in any gender shall apply to the feminine, masculine, and neuter genders. A. PUBLIC HEALTH EMERGENCY: The foreseeable, imminent, or present threat of any pathogen, agent, vector, or environmental condition, including hazardous materials, which does or may cause illness or injury to humans. B. PUBLIC HEALTH EMERGENCY ORDER: An advisory, social distancing, isolation, or quarantine order enacted by the City Manager, or Mayor and City Council. C. ISOLATION: The separation of infected persons, or of persons suspected to be infected, from other persons to such places, under such conditions, and for such time as will prevent transmission of the infectious agent. Page 2 of 8 Ord. 986 McCall Emergency Powers March 20, 2020 D. QUARANTINE: The restriction placed on the entrance to and exit from the place of premises where an infectious agent or hazardous material exists. E. SOCIAL DISTANCING: Actions taken to maintain distance from other people, including avoiding or canceling congregate settings and mass gatherings. SECTION 6 PUBLIC HEALTH EMERGENCY ORDERS. The City Manager, Mayor and City Council, being duly authorized by Idaho Code sections 50- 811, 50-304 and 50-606, may issue the following orders, as deemed appropriate by the City Manager, or Mayor and City Council following consultation with or review of information issued by local, regional, state, or national public health authorities. A. Advisory Order. Where a public health emergency is foreseeable or imminent, the City Manager may enact an advisory order, which order may provide information and recommended guidelines for preventing, detecting, and/or mitigating the onset or spread of a public health hazard. B. Social Distancing Order. Where a public health emergency is imminent, the City Manager may, summarily when necessary, or following approval by the City Council, enact a social distancing order, which order may establish any or all of the following: 1. Appropriate restrictions regarding the operation or occurrence of planned or foreseeable commercial, recreational, or expressive gatherings or events. 2. Restrictions on travel through, or visitation within, the community. 3. Postponement or cancellation of public meetings and hearings. 4. A limit on the number of persons who may gather in one location and may apply to indoor or outdoor venues. 5. Suspension of businesses or visitor lodging accommodations. 6. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard. 7. A social distancing order shall include an effective date and an anticipated expiration date, which may be extended in the same manner as the imposition of the initial order. A social distancing order shall apply within McCall city limits, and five (5) miles outside McCall city limits. C. Isolation Order. Where a public health emergency is present, and poses a credible threat of harm to the public health, the City Manager may, summarily when necessary, or Page 3 of 8 Ord. 986 McCall Emergency Powers March 20, 2020 following approval by the City Council, enact an isolation order, which order may establish any or all of the following: 1. A directive that infected and/or exposed individuals isolate themselves from other persons. 2. Geographical areas of restricted or prohibited access. 3. Other measures necessary to avoid, address, or mitigate an imminent public health hazard. 4. The scope and manner of delivery of services, materials, or supplies to be provided by the City, if any. 5. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard. 6. Conditions of the isolation order. a) An isolation order shall include an effective date and an anticipated expiration date, which may be extended in the same manner as the imposition of the initial order. An isolation order shall be effective only when and for so long as the public health emergency is present, and when no less restrictive alternative exists. Any person shall be entitled to appeal an isolation order or to request a modification of any provision of such order by filing a written appeal with the City Clerk. Such appeal shall be heard by City Council at their next meeting, or, if no meeting is scheduled during the term of the isolation order, the Police Chief or designee shall review such appeal and issue a written decision. The Police Chief's decision shall be final. D. Quarantine Order. Where a health emergency is present and poses a credible threat of harm to the public health, the City Manager may enact a quarantine order, which order may establish any or all of the following: 1. A directive that infected and/or exposed individuals isolate themselves from other persons. 2. Geographical or other areas of restricted or prohibited access. 3. Other measures necessary to avoid, address, or mitigate an imminent public health hazard. 4. The scope and manner of delivery of services, materials, or supplies to be provided by the City, if any. Page 4 of 8 Ord. 986 McCall Emergency Powers March 20, 2020 5. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard. 6. Conditions of the quarantine. 7. A quarantine order shall include an effective date and an anticipated expiration date, which may be extended in the same manner as the imposition of the initial order. A quarantine order shall be effective only when and for so long as the public health emergency is present, and when no less restrictive alternative exists. Any person shall be entitled to appeal a quarantine order, or to request a modification of any provision of such order by filing a written appeal with the City Clerk. Such appeal shall be heard by City Council at their next meeting, or, if no meeting is scheduled during the term of the quarantine order, the Police Chief or designee shall review such appeal and issue a written decision. The Police Chief's decision shall be final. SECTION 7 PROCESS FOR ENACTING PUBLIC HEALTH EMERGENCY ORDERS. A. Approval by City Council. Except as provided in section 7 B. below, the City Manager shall present to the City Council, at a duly noticed public meeting, the proposed Public Health Emergency Order. At the discretion of the City Council, public input may be taken at such meeting in such form as may be directed by the Mayor or Council President, but a public hearing shall not be required. Following approval by the City Council, the City Manager shall prepare a written order and publish it pursuant to this Ordinance. Except as may be specifically stated in the Public Health Emergency Order, such order shall be effective upon posting at McCall City Hall. B. Summary Enactment. When necessary to summarily enact a Public Health Emergency Order, the City Manager shall prepare a written order and publish it pursuant to this Ordinance. Within seven (7) days of the issuance of such an order the City Manager shall present the Order to the City Council for approval as outlined in section 7A. The City Council shall have the ability to approve, rescind or modify a Public Health Emergency Order summarily enacted by the City Manager. C. Publication of Public Health Emergency Order. As soon as possible and prudent under the circumstances, the City Manager shall cause a Public Health Emergency Order to be published by: 1. Posting the order in a prominent place at McCall City Hall; 2. Posting the order on the City's website; 3. E-mailing the order to all persons subscribed to City e-mail notification services; 4. Posting the order to all City social media accounts; 5. Providing the order to local media, television, and radio broadcast outlets; and Page 5 of 8 Ord. 986 McCall Emergency Powers March 20, 2020 6. Notifying other government agencies, including McCall Donnelly School District, McCall Fire District, Payette Lakes Recreational Water and Sewer District, Valley County, Adams County, City of Cascade, City of Donnelly, Meadows Valley Fire District, and City of New Meadows; and a) Such other means of notice as the City Manager may determine is in the best interests of the City. b) Except as may be specifically stated in the Public Health Emergency Order, such order shall be effective upon posting at McCall City Hall. D. Term of Order. Every public health emergency order shall include an effective date and a termination date that shall be no more than thirty (30) days from the effective date, which may be extended upon approval of the City Council. SECTION 8 EXCLUSIONS. Unless otherwise specifically prohibited by a Public Health Emergency Order duly enacted by the Mayor and City Council, the following activities shall be exempt from the scope of such order: A. Any and all expressive and associative activity that is protected by the United States and Idaho Constitutions, including speech, press, assembly, and/or religious activity. Provided, this exclusion shall not prohibit reasonable restrictions on the time, place, or manner for exercising these fundamental rights as permitted by law. B. Educational institutions, which shall follow the duly adopted policies of their respective governing bodies. C. Activities necessary to operate critical infrastructure and utilities. D. Activities necessary to operate and use medical facilities and services. E. Activities necessary to buy, sell, or otherwise deliver food, fuel, and necessities. SECTION 9 SUSPENSION AND WAIVER OF CERTAIN CITY SERVICES, ORDINANCES, AND POLICIES AND PROCEDURES. During a Public Health Emergency and upon approval of a declaration of an emergency, the City Manager may suspend certain non-essential City government services and functions as deemed necessary and advisable given the specific public health emergency and in consideration of the health of employees and the general public. During such time, the City Manager may also suspend the regular meetings of City boards and commissions, including but not limited to Planning & Zoning Commission. In order to facilitate such suspension of meetings, the ordinances providing for the regular meetings of these commissions shall be temporarily suspended. Those ordinances Page 6 of 8 Ord. 986 McCall Emergency Powers March 20, 2020 providing the timeline for processing applications shall also be suspended. The City Manager is also authorized to waive such internal rules, regulations, and procedures as deemed necessary to protect the health and welfare of City employees. Further, meetings of the City Council or other City commissions or committees may be modified to account for the circumstances of the public health emergency including suspension of the requirement in Idaho Code section 74-203(5) that the public be allowed to attend in person if the public is otherwise permitted to listen, or view with audio, the meeting via telecommunications or video streaming technology. SECTION 10 FORCE MAJEURE. In the context of this ordinance, a public health emergency is a force majeure. No person shall be entitled to recover from the City of McCall any costs incurred, or profits lost, as may be alleged to be attributed to the enactment of a Public Health Emergency Order. SECTION 11 PENALTY. It shall be unlawful to violate any provision or directive of a duly enacted social distancing order, isolation order, or quarantine order while such order is in effect. The violation of any provision or directive of a social distancing order, isolation order, or quarantine order shall be a misdemeanor. SECTION 12 CONFLICTS. All ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. SECTION 13 SAVINGS AND SEVERABILITY CLAUSE. It is hereby declared to be the legislative intent that the provisions and parts of this Ordinance shall be severable. If any paragraph, part, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid for any reason by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. SECTION 14 PUBLICATION. This Ordinance, or a summary thereof in compliance with Section 50-901A, Idaho Code, shall be published once in the official newspaper of the City, and shall take effect immediately upon its passage, approval and posting of a proclamation by the Mayor in five (5) public places within the City. SECTION 15 EFFECTIVE DATE. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect immediately upon its passage, approval and posting of a proclamation by the mayor in five Page 7 of 8 Ord. 986 McCall Emergency Powers March 20, 2020 (5) public places within the City. Pursuant to Idaho Code 67-6523, the orders and regulations established pursuant to this emergency ordinance will be effective for a period of not longer than one hundred eight-two (182) days. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL IDAHO, THIS 20 DAY OF MARCH 2020. m •"oFMcC��'1�,', �4..4k qe? IS APPROVED: L 9 w Si 4116.44 = Robert S. Giles, Mayor ATTEST: Jr ul•�� , i ZUA.11a+�''�� BessieJo Wa ner, City Cl•rk Page 8 of 8 Ord. 986 McCall Emergency Powers March 20,2020 CITY OF MCCALL Valley County, Idaho STATE OF IDAHO ) ss. County of Valley ) AFFIDAVIT OF POSTING I, bo�,S I JOVICljI of the City of McCall, Valley County, Idaho, being (name) first duly sworn on oath, depose and say that on b` Q, I physically posted the (date) Emergency Powers Ordinance 986 at six separate locations within the City of McCall as follows: City Hall, 216 East Park Street, McCall, Idaho Umpqua Bank— 900 2nd Street, McCall, Idaho US Bank Branch — 905 N 2nd Street, McCall, Idaho Albertsons — 132 E Lake Street, McCall, Idaho Ridley's —411 Deinhard Ln, McCall, Idaho US Post Office —495 Deinhard Ln, McCall, Idaho L,Q 4 L (signat ) SUBSCRIBED AND SWORN To before me this day of I�aYCf� 207,0 `\\N111111t11//// ��\`\\��' PUB�'• '//' Votary Publ or th tate of Idaho, Attachments: ATE �pQ.► 1. Photo of orc�rf ,j �� on property. e w — si�al�1 Y 4 p x r a t ' ...., r •�•y-,••.•—.� _'.—'•.. .. M �•-^ ^� -••.. ''�S.Cottages I cd'all k 8enioe Center . i ._....__._.,..._....._,_. PAYETTE CHILDREN'S FOREST YOUTH ----- `—"a._ —.—--- ENVIRONMENTAL ` SUN 11MCPAWS ir•- -d tai �'��ss;.�r��,3�"`�ec' r '. ?`e - �C s .��`=,��' ...p{tvc"t��yt�_ ',� ��,xK?�•°� A�'"s r��.4 aj.��S jb�'25•�'a^` sn�.-c,.h`i' .,'• - _y �Y h i- 3 '.Yv' L.'r:I3�SdLPKKK. •�/EF`JS C.I •d.; �-CYC - � 4 � '' - ,r r. jt ? rY Yr r a ate;: , �1 x r 4 ff � I it ur .. .-7 - arv'ax°uw.nnr`aaaxsrsauu -. .-.�. ,, t, _ ^'F' ;�•�SI'.F • ilw.`4l#a%'W W+•Ww+�iuwrx+Rltker�e�ByyeAu,Pi., _ ,q .1, GL JAL �d r. h:�'��_' nix"..a.,uacay,mvyyay .,..... . _ .. ... 5.•„...,» ... liup: , Pairin. - _seas D7— r �a ARCHSF±Yr � —••T n.Ri L'er BPQWQi'y E. d�tya u�tity y dLit w1mi �a\ ANA i �. :LU MI, sd zap_ r At F:, AF� Peau Ste �(t .� k x34�v 4e • � • , a-�'• 1 •� • '- � M,41„1r•.wgy _. .. .... _�. ..._ter M61Kn Y.MM! .. .�. 6 rtra anes.s en ruw.. .....a w •-: r' ��.: �•rr....}'ter°"Is+•'.uw...rs.......e.. ,.�. ,;i '4«"rt4atvW r'hi a nWa.a, nyr w.ro, _ r�,r.MY1rK•,•4..NrrYrrrrrs.s.r.« w M„tl .... _ .. '• �u•.mT,. a,.w..+w.+.w.,a..-..: �xu�.wr�.�w•nnr..w .w,w ........ rr,ma. a.uu•. ..+au.. . ,.......w......_.. ....-.«..... Ak lYti rllll-1%ipui <.a•v,ae arenw....+«ar+a.+,rro-.a..,<r.ssw..ww•_ s«. .....� ..,. � ..... ; '•� w`•..�w r+w+a..+ It VIO, Blood Drive m. ..,.......” 1 _ .....r+.w.mar.a.Fy..�...rtw,....-. ,McCall Community d..•<..v,.,.w,. •• r •r�^.,a ,r.r_w.�. sww.e,r.•.p,*•*�+va.:tr.u•.,.w, WNW 12-10 Pm.to 6"PAL ..b„•.:.... +......... ....•.�y+...d>. .. ..... ,"+wave....'�',••rrr v.,a..awMrta.ww The Cottage ,t ..�' .w. x rc..s r•.�'>�.,..�.n.ffiaw.as q..rt.4a,. +w...ao..A • ,_.. +.... M•>v,.a.. "•'«` a.w�.,.wara,.+A..w`-.a.`+....�.:, AnA.i^evas IF=F .•,. .rr.•..vv,�.. ,s .. y ,._. i.e ey.�„E,�1 Schedule a tour today!•Its. , . '---- McCall " (208)634-3883 e Y Storage/ParkinTwin a RV's, Trailers, Boats, Heavy Equipment, Etc.