HomeMy Public PortalAboutEmergency Declaration and Ordinance.pdfOrdinance 2020-14
EMERGENCY DECLARATION AND ORDINANCE
A DECLARATION OF A STATE OF EMERGENCY ARISING
BECAUSE OF COVID-19; AN ORDINANCE TAKING
IMMEDIATE EMERGENCY MEASURES AND RATIFYING
PREVIOUS ORDERS/DIRECTIVES AND DECLARATIONS
WHEREAS, the President of the United States declared a National Public Health
Emergency on March 13, 2020; and
WHEREAS, the Governor of the State of Georgia declared a State Public Health
Emergency on March 14. 2020 and urged "local officials to do what's in the best interests
of their communities to keep people safe and stop the spread of coronavirus" on March
19, 2020; and
WHEREAS, the World Health Organization has declared Coronavirus Disease 2019
(COVID-19) a world health emergency and a pandemic; and
WHEREAS, the number of confirmed cases and deaths from COVID-19 is escalating
rapidly, internationally, nationally, and locally; and
WHEREAS, based upon the experience of other local governments in Georgia, a growing
number of other cases are likely to occur; and
WHEREAS, on March 16, 2020, the Center for Disease Control (CDC) and the President
of the United States stated that any gathering of over 10 people should be discontinued or
prohibited; and
WHEREAS, on March 23, 2020, Governor Kemp announced that "certain individuals
with an increased risk of complications from COVID-19 [were] to isolate, quarantine, or
shelter in place," covering those who "live in long-term care facilities, have chronic lung
disease, are undergoing cancer treatment, have a positive COVID-19 test, are suspected to
have COVID-19 because of their symptoms or exposure, or have been exposed to someone
who has COVID-19", and that the Department of Public Health would institute rules and
regulations to implement such measures;
WHEREAS, on March 23, 2020, Governor Kemp additionally announced measures to
"close all bars and nightclubs and ...ban all gatherings of ten or more people" unless they
can assure spacing for at least six (6) feet apart between people at all times beginning at
noon on March 24, 2020 and lasting until noon on April 6, 2020; and
WHEREAS, public health experts, including those at the CDC and the National Institutes
of Health (NIH), have advised that individuals infected with COVID-19 are contagious
even while experiencing minor or no symptoms and implored leaders to take immediate
action to prevent further community spread of COVID-19; and
WHEREAS, preventing and slowing community spread of COVID-19 provides health
systems additional time to obtain personal protective equipment necessary to protect health
care workers and medical equipment necessary to treat COVID-19, and is therefore vital
to the health of the nation;
WHEREAS, in the judgment of the Mayor and Council of the City of Tybee Island , there
exist emergency circumstances located within its jurisdiction requiring extraordinary and
immediate response for the protection of the health, safety, and welfare of the citizens of
the community, the state, and the nation; and
WHEREAS, it is essential for the governing authority of the City of Tybee Island to act
immediately in order to minimize the spread of COVID-19 and to prevent or minimize
sickness, injury, or death, to people and damage to property resulting from this public
health crisis; and
WHEREAS, O.C.G.A. § 38-3-28 provides the political subdivisions of this state with the
authority to make, amend, and rescind such orders, rules, and regulations as may be
necessary for emergency management purposes to supplement rules and regulations
promulgated by the Governor during a State of Emergency; and
WHEREAS, the United States Supreme Court has previously held that "[u]pon the
principle of self-defense, of paramount necessity, a community has the right to protect itself
against an epidemic of disease which threatens the safety of its members"; and
WHEREAS, the Charter of the City of Tybee Island , section 1.13(7) provides the
governing authority of the city with the authority to take actions deemed necessary to deal
with such an emergency for the protection of the safety, health, and well-being of the
citizens of the city: and
WHEREAS, the City has previously declared an emergency to exist within the limits of
the City and imposed certain restrictions & made Orders/ Directives to protect the public
health & welfare; and
WHEREAS, The President of the United States, as announced by Governor Kemp,
declared the State of Georgia to be a major disaster and Governor Kemp has ordered
enforcement of social distancing requirements in State parks, lakes and certain waterways.
NOW, THEREFORE, IT IS HEREBY DECLARED that a local state of emergency
exists within the City of Tybee Island and shall continue until the conditions requiring this
declaration are abated.
2
THEREFORE, IT IS ORDERED AND ORDAINED BY THE AUTHORITY OF
THE MAYOR and COUNCIL OF THE CITY OF TYBEE ISLAND AS FOLLOWS:
Section 1. Findings of Fact
For purposes of describing the circumstances which warrant the adoption of an emergency
ordinance, the governing authority of the city hereby adopt and make the findings included
in the "WHEREAS" clauses as findings of fact.
Section 2. Declaration of Public Health State of Emergency
The Mayor and Council hereby declares a public health state of emergency within the City
of Tybee Island because of the proliferation of COVID-19 in the United States and the
State of Georgia, which will remain in force and effect until 12:00 midnight on April 30,
2020 unless sooner cancelled or extended by further action of the Mayor and Council.
Section 3. City Council Operations and Rules
City Council shall continue to operate and assemble at public meetings, subject to the
following:
a) Pursuant to the provisions of O.C.G.A.§ 50-14-1(g), City Council may
conduct public meetings via teleconference while this Ordinance is in effect, without the
requirement of having a quorum present in person, so long as notice is provided and
simultaneous access is afforded to the public to the teleconference meeting.
Notwithstanding the foregoing, in the event the City is unable to provide public
simultaneous access to a teleconference, the City shall take steps to ensure access to
minutes and discussions as promptly as possible through the City website or social media.
b) Unless Council decides to act otherwise, all policy-making functions of City
Council (i.e. strategic plans, ordinances, land use planning functions, visioning,
development of City-wide objectives and goals and like activities) shall be suspended while
this Ordinance is in effect, except for policy-making and ordinance functions directly
related to addressing COVID-19 and related public health and safety issues;
c) All zonings, plats, variances, and other land -use decision-making shall be
suspended while this Ordinance is in effect;
d) All non-essential business (i.e. proclamations, presentations, etc.) shall be
suspended while this Ordinance is in effect;
e) Contract, budgeting and fiscal operations shall continue in the ordinary
course of business;
3
f) Council rules and practices requiring or calling for two (2) readings of an
ordinance and the introduction of an ordinance are suspended, and emergency actions may
be taken by ordinance effective immediately.
Section 4. Public Gatherings on City Property
For the duration of the declared emergency, there shall be no public gatherings on any
property owned or controlled by the City. To avoid confusion, the following definitions
shall apply under this Section: a "public gathering" shall mean the organized gathering or
assembly of ten(10) or more persons at a specific location; "property owned or controlled
by the City" shall include any park, public square, public space, playground, recreational
area, or similar place of public gathering, but nothing herein shall prohibit individuals or
families from using sidewalks or designated pedestrian areas of parks for walking or other
exercise if they are not participating in an organized gathering. See Section 14
Notwithstanding the foregoing, the beaches of the Island having been closed by Emergency
Directive and Declaration of March 20, 2020 remains in place; is affirmed and ratified and
is extended until the effective termination of this ordinance.
City dog parks are to remain open. Persons are required to maintain six (6) feet of social
distancing of other persons.
Public restrooms are to be closed to the public due to health concerns and to be consistent
with the Stay at Home requirements.
Section 5. Utility Services
For the duration of the declared emergency. the City will not disconnect any public utility
service provided by the City on account of non-payment. After the conclusion of the
declared emergency, persons will have a period of thirty (30) days to make such payments
before service may be disconnected. See Section 14
Section 6. Classification of City Services
For the duration of the declared emergency, the City Manager shall be vested with the
following discretion and authority, to wit:
(a) To categorize City services as either "required" or "discretionary," and to
periodically review and modify such categories.
(b) To assign specific employees to required or discretionary services, and to
periodically review and modify such assignments.
(c) To use his or her discretion to permit employees to telework.
4
(d) To temporarily suspend the provision of discretionary services and to direct
employees who provide discretionary services not to report to work until such time
as the service suspension is lifted or until such time as the City Manager redirects
the employee to other services.
(e) To contract for and expend non -budgeted sums and services, up to $30,000, as
may in his or her discretion be required to meet the demands upon government
and services of the City for the duration of the declared emergency, including
therein authority to spend such sums from the reserves of the City. Any such non -
budgeted expenditures shall be reported to the governing authority of the City.
(f) To maintain, to the best of the ability of the resources of the City, the provision of
essential services, which shall include, but not be limited to, public safety, public
works, healthcare, and building permits.
Section 7. Tolling of Deadlines
Any deadlines for the purchasing or obtaining by persons or businesses of occupation tax
certificates, permits or similar civil approvals mandated by the City Code shall be tolled
for the duration of the emergency as established herein, and for 15 days thereafter. Such
persons or businesses shall obtain necessary permissions required by law, but deadlines set
by the City Code are tolled for the duration of the emergency as established herein, and for
15 days thereafter. See Section 14
Section 8. Eating Establishments
Restaurants and other eating and dining establishments where food is served must cease
offering dine -in services but may continue preparing and offering food to customers via
delivery, drive-through or take-out services. Patrons, employees and contractors of the
establishments must maintain at least six (6) feet of personal distance between themselves
and others. If a restaurant is licensed to sell beer and wine for on -premises consumption,
such restaurant, during the effective dates of this ordinance only, shall be authorized to sell
unopened bottles or cans of beer or wine for take-out consumption off premises; See
Section 14(g) containing other restrictions.
Section 9. Closure of Certain Businesses
• Gyms, fitness centers, pools, social clubs, amusement facilities, bowling alleys, pool
halls, theaters, massage parlors, nail and hair salons, charter boats, dolphin tour
boats, jet skis, or other watercraft or instrument rentals, bicycle rentals and any other
similar business, all gift shops, clothing stores or shops, art shops, vaping stores,
golf cart or motorized vehicle rental businesses, businesses that provide bicycle or
rentals of similar transportation devices, such as but not limited to scooters, skate
boards, surf boards, kayaks, canoes or other watercrafts, etc. and any facility used
5
for an activity that involves prolonged physical proximity of individuals, and any
facility used for entertainment, social, grooming, or general health and wellbeing
purposes, must close and remain closed for the duration of this emergency. This
shall not include businesses which provide services or products considered essential
including hardware, plumbing, building materials and businesses repairing
transportation vehicles including automobiles, bicycles and golf carts, nor those
businesses which make necessary and urgent home repairs, including the repair of
HVAC systems. Landscaping and home pest control operations may also continue.
• Businesses that are not located on Tybee Island, but which deliver products,
equipment or services, which are not essential shall cease operations. Food
products, medications and health services are essential.
Section 10. Personal Distance
All other establishments not covered in Sections 8 or 9 of this Ordinance such as grocery
stores, pharmacies, and other businesses which remain open during the emergency must
post signage on entrance doors informing consumers to maintain at least six (6) feet of
personal distance between themselves and others and shall not allow more than ten (10)
people into such establishment at any one time if such social distancing cannot be
maintained.
Section 11. Gatherings
All public and private gatherings of more than ten (10) people occurring outside of a
household or living unit are prohibited. Nothing in this ordinance, however, prohibits the
gathering of individuals for the purposes of carrying on business certified as "essential" by
the Georgia Emergency Management Agency pursuant to O.C.G.A. § 38-3-58, the
provision of medical or health services, or critical infrastructure businesses and employees
as designated by the Governor or identified by U.S. Department of Homeland Security
Cybersecurity and Infrastructure Security Agency (as may be found in the Memorandum
on Identification of Essential Critical Infrastructure Workers During COVID-19 Response,
or subsequent document).
Section 12. Emergency Interim Successor to Manager/Administrator
The governing authority desires to make certain that the chain of authority within city
management is clear. If the City Manager is unable to perform his duties, then the
individual designated by the City Manager, George Shaw, Assistant City Manager, as the
emergency interim successor pursuant to O.C.G.A. §38-3-50 shall assume the duties of the
6
City Manager. Should the emergency interim successor be unable to perform those duties
the Mayor of the City shall assume those duties.
Section 13. Procurement
The governing authority hereby suspends the bid and competitive portions of the City's
Procurement Policy or ordinances and authorize the City Manager to utilize the single -
source policy and to require departments to provide a written justification for the
procurement during the effective dates of this Resolution and/or utilize any emergency
procurement provisions contained. City officials shall continue to seek the best prices
during the state of emergency.
Section 14. Existing and Prior Declarations and Directives and Amendments thereto
The City has previously adopted declarations, directives and resolutions necessitated by
Covid-19 , all of which are ratified and reaffirmed herein. For purposes of clarity, those
prior actions, including the following:
a) Cancellation of permitted activities for groups in excess of Ten (10) persons
b) The closing to the public of all beaches
c) The public consumption of alcoholic beverages was and is prohibited
d) Staff was directed to make a resource request to all agencies involved relating
to closure or restriction of traffic onto the Island
e) City parking lots were and are closed subject to the direction of the City
Manager or his designee
f) Restaurants and other facilities that prepare and serve food may only do so
for delivery or carry out purposes
g) All non-essential businesses must close and cease operations including, but
not limited to, the sale of merchandise, services and all alcohol and food sales
for consumption on the premises at 11:00 p.m. effective March 20, 2020.
Notwithstanding the foregoing, businesses may continue food take-out
services after 11:00 p.m. for pickup from phone or online orders. There shall
be no food or beverages sold to customers on any part of the business
premises or approaches thereto, while waiting on a pickup order. No
business shall allow customers to be served, remain or congregate at any time
on the premises or area adjacent thereto, including parking areas. Curbside
pickup is permissible and the manager or his designee may establish parking
places for that purpose. Takeout services shall cease each morning no later
than 2:45 a.m. and each business shall remain closed until 7:00 a.m. when
take-out, delivery and pick-up operations may resume.
h) Establishments selling gasoline may begin operations at 6:00 a.m.
7
i) Fees and charges for occupational taxes, business licenses shall not be due
until April 30, 2020 and no late charges, fees or penalties will accrue from
March 18, 2020 until April 30. 2020. This grace period expires April 30,
2020.
j) All nonessential businesses as defined herein shall cease operations as of
12:01 a.m. on March 28, 2020 until further directive or the expiration of the
Emergency Declaration whichever shall last occur.
k) Public playground equipment and courts shall not be used, occupied or
played on or upon. Groups in excess of ten (10) in public parks are prohibited
and no recreational sports whether formally or informally organized are
permitted.
Section 15. Stay at Home
All individuals currently occupying homes, residences, hotel rooms, rental units or any
accommodation whatsoever (hereinafter "residence"), within the City of Tybee Island are
ordered to shelter at such residence. To the extent individuals are using shared or outdoor
spaces, they must at all times as reasonably possible maintain social distancing of at least
six (6) feet from any other person, other than household members, when they are outside
their residence. All persons may leave their residence only for essential activities, essential
government functions or to operate or assist in the operation of essential businesses,
including to work. To the greatest extent feasible all essential businesses shall comply
with social distancing requirements by maintaining six (6) foot social distancing for both
employees and members of the public including, but not limited to, when any customers
are standing in line
All public or private gatherings or events of Ten (10) persons or more are prohibited within
the City. This includes but is not limited to social gatherings at a home or facility but does
not apply to essential City activities. This also does not apply to gatherings of members
of a household or living unit.
All travel including travel on foot, bicycle. scooter, motorcycle, golf cart, or automobile,
is only permissible for essential services, businesses or activities.
Essential activities include:
a) To engage in activities or perform tasks essential to their health and safety,
or to the health and safety of their family or household members (including, but not limited
to, pets), such as, by way of example only and without limitation, obtaining medical
supplies or medication, visiting a health care professional, or obtaining supplies they need
to work from home.
8
b) To obtain necessary services or supplies for themselves and their family or
household members or to deliver those services or supplies to others.
c) To engage in outdoor activity, provided the individuals comply with social
distancing requirements, such as, by way of example and without limitation, walking
hiking, biking, running or other form of exercise and lawfully riding vehicles for recreation.
d) To perform work deemed essential in this city or any other jurisdiction.
e) To care for a family member or pet in another household.
Section 16. Short Term Vacation Rentals (STVRs), Hotels/Motels, Bed & Breakfast
and all other rental lodging accommodations.
All operators, owners or managers of STVRs, hotels, motels, bed & breakfasts and all other
rental lodging accommodations, are to cease accepting any new reservations from the
effective date hereof through midnight on April 30, 2020, for occupancy for the period of
the effective date hereof through April 30, 2020. No new check -ins for occupancy shall
be permissible commencing noon. on April 3, 2020. This restriction does not apply to
reservations or check -ins for first responders and other public safety personnel in need of
shelter.
The owners, managers and/or operators of any unpermitted, undesignated and/or
authorized location used for short term (less than 30 days) rental purposes are subject to
the provisions hereof and will be subject to all existing penalties as might be available for
having failed to comply with existing ordinances as well as for violation of this
ordinance.
Section 17. Severability
If one or more of the provisions contained in this Emergency Declaration and Ordinance
(this Ordinance) shall be held to be invalid, in violation of the Georgia Constitution, in
violation of Georgia law, or unenforceable in any respect, such invalidity, violation, or
unenforceability shall not affect any other provisions of this Ordinance, but, in such case,
this Ordinance shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained within the Ordinance.
Section 18. Penalties
All violations of any of the provisions hereof shall subject the violator to the general
penalty under the existing ordinances as well as to potential loss of liquor license, Alcohol
license, permits or licenses previously issued, including any Occupational Tax Certificate.
9
All ordinances or parts of ordinances in conflict with the provisions of this Declaration are
hereby suspended during the effective dates of this Declaration (or any extension thereof)
and the terms and provisions of this Declaration shall prevail.
This Ordinance after adoption shall become effective immediately.
IT IS HEREBY ORDAINED AND RESOLVED, this 2 day of April, 2020.
Attest:
Shirley Sessions, Mayor
Approved as to form:
-T7,--eL__3i4 - - i i
Jan LeViner, C.
"'xF Edward M. Hughes, City Attorney
10