HomeMy WebLinkAboutORDINANCE No. 20-03-416 - 03/16/2020 - Emergency Ordinance COVID-19 (Mayoral)' STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO.20-03-416
AN EMERGENCY ORDINANCE OF THE MAYOR AND COUNCIL OF
THE CITY OF MILTON, GEORGIA UNDER SECTION 3.18 OF THE
CHARTER OF THE CITY OF MILTON, GEORGIA TO PROVIDE FOR
THE OPERATION OF THE CITY OF MILTON, GEORGIA DURING THE
PUBLIC EMERGENCY OF THE NOVEL CORONAVIRUS DISEASE 2019
GLOBAL PANDEMIC; TO PROVIDE FOR AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Mayor and Council of the City of Milton, Georgia are
charged with the protection of the public health, safety, and welfare of the citizens
of the City of Milton, Georgia; and
WHEREAS, Section 3.18 of the Charter of the City of Milton, Georgia
empowers the Mayor and City Council to adopt an emergency ordinance to meet a
public emergency affecting life, health, property, or public peace; and
WHEREAS, the novel coronavirus disease 2019 global pandemic is a public
emergency affecting and threatening life, health, property, and public peace; and
WHEREAS, the US Center for Disease Control has declared that avoiding
public assembly and otherwise engaging in "social distancing" is an effective way
to slow or prevent transmission of the disease;
THE COUNCIL OF THE CITY OF MILTON hereby ordains that an
emergency ordinance shall be enacted as follows:
SECTION 1. The Mayor and City Council of the City of Milton, Georgia
("City Council") hereby declare that an emergency affecting life, health, property,
and public peace exists within the City of Milton, Georgia ("City") due to the novel
coronavirus disease 2019 ("COVID-19") global pandemic;
SECTION 2. The following provisions shall govern the operation of the
City during the COVID-19 pandemic:
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2.1 Public hearings — All matters requiring a public hearing,
including but not limited to zonings, special use permits, variances, and regulatory
permits (i.e., alcohol) are hereby stayed for a period of thirty (30) days from the date
of this Ordinance. At the conclusion of thirty (30) days or earlier termination of this
Ordinance, the scheduling of hearings shall resume in the ordinary course, barring
further extension of this Ordinance. Milton staff are directed to work with applicants
and those otherwise affected by this stay to ensure that financial impact and/or
disruptions to business function is kept to a minimum;
2.2 Existing regulatory permits — If there are in effect existing
regulatory permits that require a public hearing prior to renewal or extension, and
that will lapse in the absence of such renewal or extension, then such permits shall
be extended and remain in full force and effect until such time as public hearings are
resumed;
2.3 Milton zoning and administrative agencies — The business
of Milton zoning and administrative entities, such as the Milton Planning
Commission, Milton Board of Zoning Appeals, Milton Design Review Board, and
all other such entities are hereby suspended for a period of thirty (30) days from the
date of this Ordinance. At the conclusion of thirty (30) days or earlier termination of
this Ordinance, all such entities shall continue business operations in the ordinary
course, barring further extension of this Ordinance.
2.4 Milton City Council — The Milton City Council shall
continue to operate and assemble at public meetings, subject to the following;
(a) All policy -making functions of the Council (i.e., strategic plans,
ordinances, land use planning functions, visioning, development
of city-wide objectives and goals, and like activities) shall be
suspended for thirty (30) days, except for policy -making and
ordinance functions directly related to addressing COVID-19
and related public health and safety issues;
(b) All zonings, plats, variances, and other land -use decision -making
shall be suspended for thirty (30) days;
(c) All non -essential business (i.e., proclamations, presentations,
etc.) shall be suspended for thirty (30) days;
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(d) Contract, budgeting, and fiscal operations shall continue in the
ordinary course;
(e) Citizens shall be strongly encouraged to observe City Council
meetings via online streaming, particularly in light of all
planning, policy, and ordinance -based functions being
suspended;
(f) Citizens that choose to attend any open meeting of the Council
shall be requested to observe social distancing protocols while
observing in the gallery.
2.5 On or before the thirtieth (30th) day after the date this
Ordinance, or any re -enaction hereof, is adopted, the City Council shall convene on
the call of the mayor or two (2) councilmembers to reenact or repeal this Ordinance;
SECTION 3. All ordinances or parts of ordinances in conflict with this
Ordinance are hereby repealed to the extent of such conflict.
SECTION 4. If any section, subsection, provisions, or clause of any part of
this Ordinance shall be declared invalid or unconstitutional, or, if the provisions of
any part of this Ordinance as applied to a particular situation or set of circumstances
shall be declared invalid or unconstitutional, such invalidity shall not be construed
to affect the portions of this Ordinance not so held to be invalid. It is hereby declared
as the intent of the City Council that this Ordinance would have been adopted in its
current form without the invalid or unconstitutional provision contained herein.
SECTION 5. This Ordinance shall become effective immediately upon
adoption.
SECTION 6. This Ordinance, pursuant to Section 3.18 of the Charter of the
City of Milton, Georgia, shall automatically stand repealed thirty (30) days after the
date upon which it is adopted.
SECTION 7. This Ordinance may be reenacted for one or more additional
periods of thirty (30) days (or repealed) upon a meeting of the City Council called
by the Mayor or two (2) councilmembers of the City Council.
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SO ORDAINED this 16" day of March 2020 by the Mayor and Council of the City
of Milton, Georgia.
Attest:
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Sudie AM Gordo , City Clerk
Joe Lock o , Mayor
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