HomeMy Public PortalAbout067-2020 - MEMO
DAVID M. SNOW
Mayor
CITY OF RICHMOND ANDREW J. SICKMANN
DEPARTMENT OF LAW City Attorney
50 NORTH FIFTH STREET RICHMOND, INDIANA 47374 KIMBERLY A. VESSELS
PHONE (765) 983-7220 FAX (765) 983-7365 Assistant City Attorney
October 31, 2020
To: Richmond, Indiana Common Council
From: Andrew J. Sickmann, City Attorney
Re: Ordinance Implementing Penalties for Violating Executive Orders Issued Pursuant to Local
Disaster Emergencies
Cc: David M. Snow, Mayor
Dear Council Members:
Attached to this Memorandum is an Ordinance Implementing Penalties for Violating Executive Orders
Issued Pursuant to Local Disaster Emergencies. As each of you is aware, the Mayor, as the Principal
Executive of the City of Richmond, has issued certain Executive Orders designed to combat the
transmission rate of COVID-19, the most recent of which was Joint Executive Order 5-2020. Joint
Executive Order 5-2020 was issued by the Mayor, as well as the Board of Wayne County Commissioners.
This Joint Executive Order provides that all citizens within the corporate limits of Richmond, Indiana,
shall refrain from organizing and/or attending any social gathering in excess of seventy-five (75) people;
however, religious services are exempt from this prohibition so long as such services implement strict
social distancing guidelines within the premises at which the services occur.
Unfortunately, local health officials report that the trajectory of the transmission rate of COVID-19
continues to proceed in a troubling direction. This disconcerting data exists despite the fact that local
government officials have implemented measures designed to assist in driving down transmission rates. I
have previously reported that failure to comply with public health emergency executive orders issued by
the Mayor constitutes a B misdemeanor under the Indiana Code. Rather than undertaking efforts to
prosecute citizens for failing to comply with these executive orders, the Administration respectfully
recommends that Council pass an Ordinance which creates a fine schedule. It would seem that continued
social gatherings in violation of Joint Executive Order 5-2020 warrant this next step.
The attached Ordinance penalizes any individual that knowingly, intentionally or recklessly violates any
public health emergency executive order issued by the Mayor by imposing a fine of One Thousand Dollars
and 00/100 ($1,000.00) for the first offense, and a fine of Two Thousand Five Hundred Dollars and 00/100
($2,500.00) for all offenses thereafter within twelve (12) months of the first offense. These fines could be
issued by the Richmond Police Department and/or the Office of Code Enforcement.
In the event that the recipient of a fine under the Ordinance fails to satisfy the same, my office would
proceed with prosecuting the ordinance violation as it does for all other ordinance violations. I
respectfully request that Council amend its agenda at the November 2, 2020 Council meeting in order to
add this Ordinance. I appreciate your time and attention to this matter, and if you have any questions
please do not hesitate to contact me.
Best Regards,
Andrew J. Sickmann