By specifying it's an emergency ordinance, the text below took effect immediately. A second Council vote scheduled for May 19 is a "second reading" to also enact the measure as a regular ordinance, a procedural step to cover the City in the event there were challenges to its "emergency" enactment.

In the public interest, LBREPORT.com quotes the proposed ordinance text below (and links to pdf text here.)

The City Health Officer's most recently revised (May 13) order (which she may further revise based on future Sacramento actions) specifies that this ordinance applies to actions effective Mary 13.

On Saturday May 16, a LB business conducted what its owner called an "experiment" (joined by a former Councilman) with aactivities that in a business setting go beyond what LB's current "Stay at Home" order allows (LBREPORT.com coverage here.) Its action has prompted social network comments pro and con.

[Ecroll down for further.]

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDING THE LONG BEACH MUNICIPAL CODE BY ADDING CHAPTER 8.120, TEMPORARY ENFORCEMENT OF LONG BEACH HEALTH ORDERS RELATED TO COVID-19; DECLARING THE URGENCY THEREOF; AND DECLARING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY

WHEREAS, the Novel Coronavirus (COVID-19), a new communicable disease, was first detected in Wuhan City, Hubei Province, China in December 2019, and has since spread globally; and

WHEREAS, symptoms of COVID-19 include fever, cough, and shortness of breath, and infected individuals have experienced a range of outcomes, from mild sickness to severe illness and death; and

WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 a pandemic; and

WHEREAS, on March 13, 2020, the President of the United States of America declared a National Emergency as a result of COVID-19; and WHEREAS, previously, after deep concern by the World Health Organization and the Federal government, and as a result of the need to proactively slow the spread of, and combat, COVID-19 in the City of Long Beach, the City Public Health Officer issued a Declaration of Local Health Emergency and the then Acting City Manager issued a Proclamation of Local Emergency; and

WHEREAS, on March 10, 2020, the City Council of the City of Long Beach recognized that an emergency did exist and unanimously passed a Resolution ratifying the City Manager's Proclamation of a Local Emergency and the Public Health Officer's Declaration of Local Health Emergency; and

WHEREAS, in order to mitigate the effects of COVID-19 within the City, the Long Beach Health Officer issued the Safer at Home Order for Control of COVID-19 ("Health Order"), and thereafter revised said Health Order from time to time as necessary in furtherance of the public health and safety; and

WHEREAS, in order to further protect the public health and safety, it is necessary to adopt ordinance provisions that will provide administrative, civil, and criminal enforcement remedies for violations of the lawfully issued Health Orders of the City; and

WHEREAS, the proposed Ordinance would require, where practicable, the City Manager to bring City Health Orders related to COVID-19 before the City Council for confirmation prior to promulgating such Orders; and

WHEREAS, although the City Council has authority on the City Manager's promulgation of City Health Orders, the Health Orders are issued in the sole discretion of the City Health Officer in accordance with authority granted to the Health Officer under State law; and

WHEREAS, as such, Council's confirmation is not on the contents of the Health Order, itself, but on whether the City Manager may promulgate such Health Order to be enforceable under the provisions of the proposed Ordinance; and

WHEREAS, in the event it is not feasible for the City Manager to bring the Health Orders before the Council prior to promulgation, the City Manager shall, within a 14-day period from promulgation of said Health Orders, request the City Council to confirm promulgation of the Health Orders; and

WHEREAS, this alternative process recognizes the potential need for the City's Health Officer to quickly amend or update City Health Orders due to the rapid development of COVID-19, while still ensuring the City Council maintains oversight of the COVID-19 local emergency and the City Manager's promulgation of orders; and

WHEREAS, the City's primary goal is to ensure the public health and safety during the COVID-19 local, state, and federal emergencies through outreach efforts and education of the Long Beach community regarding the City Health Orders and COVID-19; and

WHEREAS, where such outreach and education efforts do not on their own gain compliance, the proposed Ordinance allows for civil, administrative, and/or criminal enforcement of City Health Orders related to COVID-19, issued by the Health Officer and promulgated by the City Manager; and

WHEREAS, with respect to criminal enforcement of violations of the lawfully issued Health Orders, such violations may be prosecuted as misdemeanors or infractions in the sole discretion of the City Prosecutor; and

WHEREAS, it is the City's intent that the authorized enforcement of the City Health Orders as described in the proposed Ordinance shall only occur after a person is provided ample opportunity to comply after being notified of an alleged violation; and

WHEREAS, the City efforts shall be in furtherance of the health, safety, and welfare of those residing in, doing business in, or visiting the City of Long Beach during the declared COVID-19 emergency; and

WHEREAS, the proposed Ordinance is temporary and shall expire One Hundred Eighty (180) days from its effective date, unless further extended by the City Council in its discretion by an amendment to this Ordinance;

NOW, THEREFORE, the City Council of the City of Long Beach ordains as follows:

Section 1. Chapter 8.120 is added to the Long Beach Municipal Code to read as follows:

CHAPTER 8.120 TEMPORARY ENFORCEMENT OF LONG BEACH HEALTH ORDERS RELATED TO COVID-19

8.120.010 Purpose.

A. In order to protect the public health, safety, and general welfare, and to mitigate the impacts of the novel coronavirus (COVID-19), this Chapter shall temporarily allow for civil, administrative, and/or criminal enforcement of Health Orders issued by the Long Beach Health Officer and promulgated by the City Manager as more particularly described herein.

B. The primary intent of the City, in its efforts to mitigate the impacts of COVID-19, shall remain focusing on public outreach and education, and enforcement actions will only be undertaken where such outreach and education, alone, are unsuccessful in compelling compliance with City Health Orders related to COVID-19.

C. Nothing in this Chapter is intended or shall be interpreted to invalidate Chapter 2.69, "Civil Defense", of this Code, which shall still apply to the COVI D-19 local emergency except to the extent it conflicts with the provisions of this Chapter.

D. This Chapter is intended to be temporary and shall expire One Hundred Eighty (180) days after its effective date, unless further extended by the City Council in its discretion by an amendment to this Chapter.

8.120.020 Health Orders related to COVID-19.

A. The City Council shall confirm Health Orders issued by the Long Beach Health Officer only to the extent of authorizing the City Manager to promulgate such Health Orders in order to deem the Orders as City regulations enforceable under the provisions of this Chapter, except where impracticable due to the rapid development of the COVID-19 local emergency.

B. In the event of impracticability as described in Subsection A, the City Manager may promulgate a City Health Order to be enforceable under the provisions of this Chapter on the condition said promulgation is confirmed by the City Council at a duly noticed public meeting within fourteen (14) days of promulgation.

8.120.030 Enforcement and Penalties of Health Orders related to COVID-19.

A. Violations. It is unlawful for any person to, after notice, willfully violate or refuse or neglect to conform to any lawful City Health Order related to the COVID-19 local emergency issued by the Long Beach Health Officer and promulgated by the City Manager in accordance with this Chapter.

B. Declaration of public nuisance.

1. Any violation of a lawfully issued City Health Order as provided for in this Chapter is hereby deemed unlawful and a public nuisance.

2. As a nuisance per se, any violation of this Chapter is subject to any of the following remedies, including, without limitation: injunctive relief, revocation of applicable permits or licenses, revocation of the certificate of occupancy forthe real property where the violation occurred, disgorgement and payment to the City of all monies unlawfully obtained, costs of abatement, and costs of investigation, attorney fees to the prevailing party, and any other relief or remedy available at law or equity.

C. Liability of employees and agents. In construing and enforcing the provisions of this Chapter, the act, omission, or failure of an agent, officer, representative, or other person acting for or employed by a business or similar entity, within the scope of his or her employment or office, will be in every case be deemed the violation, act, omission, or failure of the business or other entity.

D. Failure to comply with any of the provisions of this Chapter will constitute grounds for suspension or revocation of any permit or license issued pursuant to this Code, including but not limited to health permits and business licenses. The noticing and hearing requirements for suspension or revocation of a permit or license shall be governed by the provisions of this Code.

E.. Penalties.

1. Administrative Citations.

a. In addition to all other legal remedies at law, violations of this Chapter are enforceable using the administrative citation procedures set forth in Chapter 9.65 of this Gode.

b. Administrative penalties imposed pursuant to this Chapter also constitute a personal obligation on each person who causes, permits, maintains, conducts, or otherwise suffers or allows the nuisance or violation to exist. In the event administrative penalties are imposed pursuant to this Chapter on two (2) or more persons for the same violation, all such persons are jointly and severally liable for the full amount of the administrative penalties imposed.

c. In addition to any other remedy, the City may prosecute a civil action through the City Attorney to collect any administrative penalty imposed pursuant to this Chapter.

2. Actions for injunctive relief and civil penalties.

a. As an alternative, or in addition to any other remedy, the City Attorney may enforce the provisions of this Chapter against any person, business, and/or property owner in any court of competent jurisdiction. The City Attorney may apply to such court for an order seeking injunctive relief to abate or remove any nuisance caused, maintained, or permitted by any person, business, and/or property owner, to restrain any person, business, and/or property owner from taking any action contrary to the provisions of a lawfully issued Health Order or this Chapter, or other applicable law; and/or to require any person, business, and/or property owner to take any action to comply with this Chapter or other applicable law.

b. In any civil court action brought by the City Attorney pursuant to this Chapter in which the City succeeds in obtaining an order from the court, the City shall be entitled to recover from any person, business, and/or property owner all of the City's costs of investigation, enforcement, abatement, destruction, and litigation, including but not limited to attorneys' fees.

3. Criminal penalties.

a. Any person who knowingly violates this Chapter is guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the City or county jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

b. Notwithstanding the above subsection, a violation specified in this Chapter may be prosecuted as either a misdemeanor or an infraction in the sole discretion of the City Prosecutor. F. Remedies cumulative. The remedies provided for in this Chapter are not mutually exclusive. Pursuit of any one remedy does not preclude the City from availing itself of any or all available administrative, civil, or criminal remedies, at law or equity. The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.

8.120.040 Expiration.

This Chapter shall expire One Hundred Eighty (180) days after its effective date, unless further extended by the City Council in its discretion by an amendment to this Chapter.

Section 2. This ordinance is urgently required to control the spread and mitigate the effects of the Novel Coronavirus (COVID-19) within the City of Long Beach through authorized actions, such as the enforcement of the Safer at Home Order For Control of COVID-19 and any additional COVID-19 Health Orders that may be issued by the City Health Officer and promulgated by the City Manager.

Section 3. This ordinance is an emergency ordinance duly adopted by the City Council by a vote of five of its members and shall take effect immediately. The City Clerk shall certify to a separate roll call and vote on the question of the emergency of this ordinance and to its passage by the vote of five members of the City Council of the City of Long Beach, and cause the same to be posted in three conspicuous places in the City of Long Beach, and it shall thereupon take effect and shall be operative immediately.

Section 4. This ordinance shall also be adopted by the City Council as a regular ordinance, to the end that in the event of any defect or invalidity in connection with the adoption of this ordinance as an emergency ordinance, the same shall, nevertheless, be and become effective on the thirty-first (31st) day after it is approved by the Mayor. The City Clerk shall certify to the passage of this ordinance by the City Council of the City of Long Beach and shall cause the same to be posted in three (3) conspicuous places in the City of Long Beach...

[End ordinance text]

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