HomeMy Public PortalAbout067-2020 - Penalties for Violating Executive OrdersAMENDED ORDINANCE NO.67-2020
A SPECIAL ORDINANCE IMPLEMENTING PENALTIES FOR VIOLATING
EXECUTIVE ORDERS ISSUED PURSUANT TO LOCAL, DISASTER EMERGENCIES
WHEREAS, a local disaster emergency may be declared only by the principal executive officer
of a political subdivision; and
WHEREAS, the effect of a declaration of a local disaster, which includes a public health
emergency and a pandemic, is to activate the response and recovery aspects of all applicable local
or inter jurisdictional disaster emergency plans; and
WHEREAS, a political subdivision may make, amend, and rescind orders, rules and regulations
as necessary for emergency management, and such orders, rules, and regulations have the full force
and effect of law when filed in the office of the clerk of the adopting or promulgating political
subdivision; and
WHEREAS, on March 6, 2020 the Governor, Eric Holcomb, issued Executive Order 20-02,
declaring a public health emergency in the State of Indiana due to the COVID-19 pandemic, which
declaration has been extended by the Governor on eight (8) separate occasions, with the most
recent of which occurring on October 30, 2020, which extends the public health emergency
declaration until December 1, 2020; and
WHEREAS, the Mayor of the City of Richmond, Indiana issued an Executive Order on March
16, 2020 wherein he declared a local disaster emergency due to the COVID- 1 9.pandemic; and
WHEREAS, the Richmond Common Council heretofore approved an Ordinance extending the
Mayor's declaration of a public health emergency until further notice, which declaration remains
in full force and effect; and
WHEREAS, the Board of County Commissioners of Wayne County, Indiana ("Board"), as the
Executive of said County also declared a local disaster emergency within its jurisdiction of Wayne
County, Indiana due to the COVID-19 pandemic; and
WHEREAS, the Board and the Mayor have heretofore issued Joint Executive Orders wherein
certain restrictive measures were implemented to address the public health emergency; and
WHEREAS, the City of Richmond, Indiana continues to closely monitor all developments related
to COVID-19 through consultation with local -health officials; and
WHEREAS, the City of Richmond, Indiana desires to protect the health of all citizens, to slow
the rate the of transmission of COVID-19, and avoid -any debilitating demands placed on our local
healthcare delivery system; and
WHEREAS, the Mayor of the City of Richmond, Indiana and the Board of Wayne County
Commissioners have jointly issued Executive Order 5-2020 _ wherein it is promulgated that all
residents within the unincorporated areas of Wayne County, Indiana, and 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; and
WHEREAS, Indiana Code §10-14-3-34 provides that any person who knowingly, intentionally,
or recklessly violates the Emergency Management and Disaster Law Chapter commits a Class B
misdemeanor; and _
WHEREAS, notwithstanding the fact that local law enforcement agencies may carry out the terms
of the Emergency Management and Disaster Law Chapter by enforcing executive orders issued
thereunder through the Indiana Criminal Code, Richmond Common Council deems it in the best
interest of the City of Richmond, Indiana to implement financial penalties for violating any
executive orders issued under the Emergency Management and Disaster Law Chapter; and
WHEREAS, the Richmond Common Council desires to undertake all reasonable measures to
assist in limiting the transmission of COVID-19, and has determined that it is necessary to levy
fines for knowingly, intentionally or recklessly violating public health emergency executive orders
issued by the.Principal Executive of the City. of Richmond, Indiana.
NOW, THEREFORE, BE IT ORDAINED by the Richmond, Indiana Common Council, as
follows:
1. Any person who knowingly, intentionally or recklessly violates my publi6 heaM emerge
Executive Order issued by the Principal Executive of the City .'of Richmond,
Indiana shall be fined the sum of One Thousand Dollars and 00/100 ($1,000.00) for the
first offense. A fine of Two Thousand Five Hundred Dollars and 00/100 ($2,500.00) shall
be imposed for all subsequent offenses within twelve (12) months of the first offense.
2. Any fine imposed pursuant to this Ordinance must be satisfied by paying the same to the
Clerk of Richmond, Indiana within thirty (30) days of the date of the issuance of the fine.
Should a fine not be satisfied within the above -described timeframe, the City Attorney is
authorized to prosecute the same in the Wayne County Courts.
3. The Richmond Police Department and the Office of Code Enforcement are each authorized
to carry out the terms of this Ordinance.
[Signatures to Follow on Page 3]
i' ' va
Passed and adopted this day of 2020, by the Common Council of the City
of Richmond, Indiana.
, President
(Dr. Ronald Oler)
ATTEST: , City Clerk
(Karen Chasteen,1AMC, MMC)
PRESENTED to the Mayor of the City of Richmond, Indiana, this day of ,
2020, at 9:00 a.m.
City Clerk
(Karen Chasteen, IAMC, MMC)
APPROVED by me, David M. Snow, Mayor of the City of Richmond, Indiana, this day
of , 2020, at 9:05 a.m.
ATTEST: , City Clerk
(Karen Chasteen, UMC, MMC)
, Mayor
(David M. Snow)