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Home My WebLink About20-1877 City Code Regarding Public Health HazardCITY OF MERIDIAN ORDINANCE NO. 20-1877 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE ADDING A NEW CHAPTER TO TITLE 4, MERIDIAN CITY CODE, REGARDING PUBLIC HEALTH HAZARD AUTHORITY; DEFINITIONS; PUBLIC HEALTH HAZARD ORDERS; PROCESS FOR ENACTING PUBLIC HEALTH HAZARD ORDERS; PENALTY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Meridian City Code section 1-6-3(A)(1)(d) and Idaho Code section 50-606, the Mayor is authorized to enforce within Meridian city limits, and in all places within five (5) miles of Meridian city limits, any health or isolation ordinance and regulation thereof; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That a new chapter, Chapter 3, shall be added to Title 4, Meridian City Code, to read as follows: 4-3-1: PUBLIC HEALTH HAZARD AUTHORITY: A. Purpose. By this chapter, the City Council of the City of Meridian, authorizes the Mayor to quickly implement measures necessary to protect the public health, safety and welfare in the rare event of a foreseeable, imminent, or present public health hazard, pursuant to the authority vested in the Mayor by Idaho Code section 50-606. B. Exclusions. Unless otherwise specifically prohibited by a Public Health Hazard Order duly enacted by the Mayor, the following activities shall be exempt from the scope of such order: 1. 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. 2. Educational institutions, which shall follow the duly adopted policies of their respective governing bodies. 3. Activities necessary to operate critical infrastructure and utilities. 4. Activities necessary to operate and use medical facilities and services. 5. Activities necessary to buy, sell, or otherwise deliver food and necessities. C. Force majeure. In the context of this chapter, a public health hazard is a force majeure. No person shall be entitled to recover from the City of Meridian any costs incurred or profits lost as may be alleged to be attributed to the enactment of a Public Health Hazard Order. PUBLIC HEALTH HAZARD ORDERS PAGE 1 4-3-2: DEFINITIONS: A. Public Health Hazard: Any pathogen, agent, vector, or environmental condition which does or may cause illness or injury to humans. B. Public Health Hazard Order: An advisory, social distancing, or isolation order enacted by the Mayor. C. Isolation: The separation, confinement, or restriction of movement of an individual with an infectious disease or individual who has been exposed to an infectious agent. D. Social Distancing: Actions taken to maintain distance from other people, including avoiding or canceling congregate settings and mass gatherings. 4-3-3: PUBLIC HEALTH HAZARD ORDERS: The Mayor, being duly authorized by Idaho Code section 50-606, may issue the following orders, as deemed appropriate by the Mayor following consultation with or review of information issued by local, regional, statewide, and/or nationwide public health authorities. A. Advisory Order. Where a public health hazard is foreseeable, the Mayor 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 hazard is imminent, the Mayor may summarily 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 commercial, recreational, or expressive gatherings or events. 2. Restrictions on travel through or visitation within the community. 3. Postponement or cancelation 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. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard. A social distancing order shall include an effective date and an anticipated expiration date, no later than thirty (30) days following enactment, which may be extended with the approval of City Council. A social distancing order shall apply within Meridian city limits, and five (5) miles outside Meridian city limits. C. Isolation Order. Where a health hazard is present, and poses a clear danger to the public health, the Mayor may summarily enact a 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 or other areas of restricted or no access. PUBLIC HEALTH HAZARD ORDERS PAGE 2 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. An isolation order shall include an effective date and an anticipated expiration date, no later than thirty (30) days following enactment, which may be extended with the approval of City Council. An isolation order shall be effective only when and for so long as the public health hazard is present, and when no less restrictive alternative exists. Any person shall be entitled to appeal a 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 Fire Chief or designee shall review such appeal and issue a written decision. The Fire Chief's decision shall be final. 4-3-4: PROCESS FOR ENACTING PUBLIC HEALTH HAZARD ORDERS: A. Enactment. Where summarily enacting a Public Health Hazard Order, the Mayor shall prepare a written order and publish it pursuant to this section. B. Publication of Public Health Hazard Order. As possible and prudent under the circumstances, the Mayor shall cause a Public Health Hazard Order to be published: 1. Posting the order in a prominent place at Meridian 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; 4. Posting the order to all City social media accounts; 5. Providing the order to local television and radio broadcast outlets; and 6. Notifying other government agencies, including West Ada School District, Meridian Library District, Ada County Highway District, Ada County, and other municipalities. Except as may be specifically stated in the Public Health Hazard Order, such order shall be effective upon posting at Meridian City Hall. PUBLIC HEALTH HAZARD ORDERS PAGE 3 4-3-5: PENALTY: It shall be unlawful to violate any provision or directive of a duly enacted social distancing order or isolation order while such order is in effect. The violation of any provision or directive of a social distancing order or isolation order shall be a misdemeanor. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 17th day of March, 2020. APPROVED by the Mayor of the City of Meridian, Idaho, this 17th day of March, 2020. APPROVED: Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk CERTIFICATION OF SUMMARY: William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice for William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 20 - 1877 An ordinance adding a new chapter to Title 4, Meridian City Code, regarding public health hazard authority; definitions; public health hazard orders; process for enacting public health hazard orders; penalty; adopting a savings clause; and providing an effective date. PUBLIC HEALTH HAZARD ORDERS PAGE 4