HomeMy Public PortalAboutOrd. 995 Establishing Emergency Powers ORDINANCE No. 995
AN 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; 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, on March 20, 2020, the City Council enacted Ordinance 986 which
authorized emergency powers for one hundred eighty-two (182) days which powers have now
expired; and
WHEREAS, the City Council deems it in the best interests of the public to adopt the
powers enumerated in this ordinance as a regular part of McCall City Code; and
WHEREAS,in order to effectively preserve the health and safety of the public,the City
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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:
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
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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.
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 private, 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 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
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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
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 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.
a 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.
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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 quarantine.
7. A quarantine order shall include an effective date and an 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 five (5) 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;
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4. Posting the order to all City social media accounts;
5. Providing the order to local media, television, and radio broadcast outlets; and
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 specified in such order and shall be not more than forty-
five (45) 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,including restrictions
on the number of persons who may gather together in a physical location and other
restrictions that address the public health emergency without unreasonably interfering
with these fundamental rights.
R Public, or otherwise accredited or chartered, 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.
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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
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 imposition of restrictions on the requirement in Idaho Code section
74-203(5) that the public be allowed to attend in person but only 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.
(A) A person violating any provision or directive of a social distancing order,
isolation order, or quarantine order shall pay a penalty as follows:
1. Within ten (10) days of the time of the issuance of said violation ticket, pay to
the City Treasurer's Office in full satisfaction of such violation, the penalty fixed
by resolution of the City Council with respect to such violations for each such
violation; or
2. Within thirty (30) days from the date of said violation ticket, pay to the City
Treasurer's Office in full satisfaction of such violation an amount equal to twice the
penalty fixed under subsection(A)1 of this section.
(B) Failure to make payment to the City Treasurer's Office within the times
prescribed is a civil infraction punishable as provided in McCall City Code 5.2.020
and as provided in the Idaho Code.
(C) The fines for violations may be established by resolution of the Council.
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(D) Notwithstanding the foregoing provisions, any person who willfully refuses to
comply with a social distancing order, isolation order, or quarantine order, after being
instructed to do so by a public officer, is subject to citation or arrest and may be
separately prosecuted for obstructing and interfering with a public officer and if
convicted shall be guilty of 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 publication as provided by law.
SECTION 15 CODIFICATION.
This ordinance shall be codified as Chapter 9, Title 5, McCall City Code.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL
IDAHO, THIS 5 DAY OF NOYI IW j�R 2020.
OF We
S4P, APPROVED:
n Robert S. Giles, Mayor
ATTEST:
BessieJo Wagner, City 6lerk
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Ord.995 McCall Emergency Powers
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A SUMMARY OF ORDINANCE NO.995
PASSED BY THE CITY OF McCALL, IDAHO
AN 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; AND PROVIDING AN EFFECTIVE DATE.
The principal provisions of the Ordinance:
• Provides Emergency Powers to the City Manager and the City Council to preserve the
health of the public by enacting and enforcing a health or quarantine ordinance and/or
regulation.
• Purpose and intent are to preserve public health, safety, welfare for any foreseeable,
imminent or present public health emergencies.
• Defines the terms Public Health Emergency, Public Health Emergency Order, Isolation,
Quarantine, Social Distancing.
• Describes forms of Public Health Emergency Orders, namely, Advisory Order, Social
Distancing Order, Isolation Order, Quarantine Order.
• Provides for the process of enacting an Emergency Order by the City Manager that consists
of the approval by the City Council and publishing such order,or, if summarily enacted by
the City Manager, publishing a written order, and then presenting such order within five
(5) days to the City Council for approval, and establishes the term of such order which is
not more than forty-five(45) unless renewed for a like time period by the City Council.
• Exclusions to the Emergency Ordinance include the public's Constitutional rights,
specifically, speech, press, assembly, and/or religious activity. Exclusions for educational
institutions, and essential functions necessary to operate infrastructure, utilities, medical
facilities and services, and to buy, sell, or otherwise deliver food, fuel, and necessities.
• Allows non-essential City government services and functions to suspend upon the City
Manager's direction.
• Declares that a public health emergency is a force majeure in the context of this ordinance.
Ordinance 995 Summary
November 5,2020
• Provides the following penalties: A person violating any provision or directive of a social
distancing order, isolation order, or quarantine order shall pay a financial civil penalty
within(10)days,or,if not paid with that ten(10)days,then within(30)days pay an amount
equal to twice the original penalty. Failure to make payment results in a punishable
infraction. Any person who willfully refuses to comply with a social distancing order,
isolation order, or quarantine order, after being instructed to do so by a public officer, is
subject to citation or arrest and may be separately prosecuted for obstructing and interfering
with a public officer and if convicted shall be guilty of a misdemeanor.
The Ordinance contains sections for conflict repeal, validity and a savings clause.
The Ordinance shall take effect upon its passage, approval, and publication according to law.
The full text of the Ordinance is available for review at City Hall and will be provided by the City
Clerk to any citizen upon personal request, or can be viewed on the City website at
www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCall, IDAHO, THIS 5 DAY OF
NOVEMBER, 2020.
J"ItI11141111" Approved:
By
~�
Robert Giles, Mayor
3 ^
ATTEST: IDN
n
WO"
By
BessieJo Wa er, City CIA
Ordinance 995 Summary
November 5,2020
ORDINANCE SUMMARY CERTIFICATION
Ordinance No. 995
Certification of City Legal Advisor
of the Summary prepared
for the above-numbered Ordinance
I, William F. Nichols, City Attorney for the city of McCall, Idaho, hereby declare and certify that
in my capacity as City Attorney of the city of McCall, pursuant to Idaho Code Section 50-901A(3)
of the Idaho Code as amended, I have reviewed a copy of the above Summary of Ordinance, have
found the same to be true and complete, and said Summary of Ordinance provides adequate notice
to the public of the contents, including the exhibits, of Ordinance No. 995.
DATED this 5th day of November 2020.
__________________________________________
William F. Nichols, City Attorney
McCall, Idaho
DocuSign Envelope ID: 32693F57-97DA-456C-A229-31132681AF2E
Publisher’s Affidavit of Publication
STATE OF IDAHO
County of Valley }.ss
}
I, Tricia Warren, being duly sworn and say, I am the office manager of
The Star-News, a weekly newspaper published at McCall, in the County of Val-
ley, State of Idaho; that said newspaper is in general circulation in the county
of afore said and is a legal newspaper; that the PUBLIC NOTICE, a copy of
which is enclosed hereto and is a part hereof, was published in said newspaper
once a week for a period of one week in the regular and entire issue of every
number there of during the period of time of publication, and was published in
the newspaper proper and not in a supplement; and that publication of such
notice began November 12, 2020 and ended November 12, 2020.
_______________________________________
Subscribed and sworn before me this the 12th day of November, 2020.
STATE OF IDAHO
COUNTY OF VALLEY
On this 12th day of November in the year of 2020, before me, a
Notary Public, personally appeared Tricia Warren, known or identified to me to
be the person whose name subscribed to the within instrument, and being by
me first duly sworn, declared that the statements therein are true, and acknowl-
edged to me that she executed the same.
________________________________________
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 1/19/2024
A SUMMARY OF ORDINANCE NO. 995PASSED BY THE CITY OF MCCALL, IDAHOAN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY IDAHO, ESTAB-LISHING EMERGENCY POWERS; SETTING FORTH THE AUTHORITY, PUR-POSE 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; AND PROVIDING AN EFFECTIVE DATE. The principal provisions of the Ordinance:• Provides Emergency Powers to the City Manager and the City Council to preserve the health of the public by enacting and enforcing a health or quarantine ordinance and/or regula-tion.• Purpose and intent are to preserve public health, safety, welfare for any foreseeable, im-minent or present public health emergencies. • Defines the terms Public Health Emergency, Public Health Emergency Order, Isolation, Quarantine, Social Distancing. • Describes forms of Public Health Emergency Orders, namely, Advisory Order, Social Distancing Order, Isolation Order, Quarantine Order.• Provides for the process of enacting an Emergency Order by the City Manager that con-sists of the approval by the City Council and publishing such order, or, if summarily enacted by the City Manager, publishing a written order, and then presenting such order within five (5) days to the City Council for approval, and establishes the term of such order which is not more than forty-five (45) unless renewed for a like time period by the City Council. • Exclusions to the Emergency Ordinance include the public’s Constitutional rights, spe-cifically, speech, press, assembly, and/or religious activity. Exclusions for educational institu-tions, and essential functions necessary to operate infrastructure, utilities, medical facilities and services, and to buy, sell, or otherwise deliver food, fuel, and necessities.• Allows non-essential City government services and functions to suspend upon the City Manager’s direction.• Declares that a public health emergency is a force majeure in the context of this ordi-nance.• Provides the following penalties: A person violating any provision or directive of a social distancing order, isolation order, or quarantine order shall pay a financial civil penalty within (10) days, or, if not paid with that ten (10) days, then within (30) days pay an amount equal to twice the original penalty. Failure to make payment results in a punishable infraction. Any person who willfully refuses to comply with a social distancing order, isolation order, or quar-antine order, after being instructed to do so by a public officer, is subject to citation or arrest and may be separately prosecuted for obstructing and interfering with a public officer and if convicted shall be guilty of a misdemeanor.The Ordinance contains sections for conflict repeal, validity and a savings clause.The Ordinance shall take effect upon its passage, approval, and publication according to law.The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us.APPROVED BY THE COUNCIL OF THE CITY OF McCall, IDAHO, THIS 5th DAY OF November, 2020.Approved:By: Robert Giles, MayorATTEST:By: BessieJo Wagner,City Clerk1tc11/12