HomeMy WebLinkAboutORDINANCE No. 20-04-418 - 04/15/2020 - Emergency Order COVID-19DocuSign Envelope ID: DE4AE 131 -4034-4120-9BDF-079CE0B0DEC0
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 20-04-418
A NEW 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 KNOWN AS THE NOVEL CORONA VIRUS
DISEASE 2019 GLOBAL PANDEMIC; TO BECOME EFFECTIVE UPON
THE TERMINATION OF THE EXISTING EMERGENCY ORDINANCE;
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 ("COVID-19 ") global
pandemic is a public emergency affecting and threatening life , health , property, and
public peace ; and
WHEREAS , on March 13 , 2020 , the President Donald Trump declared a
national emergency due to COVID-19 ; and
WHEREAS , on March 14 , 2020 , Governor Brian Kemp declared a statewide
emergency in Georgia, describing COVID-19 , and the corresponding pandemic , as
a public health emergency; and
WHEREAS, the Governor 's declaration of statewide emergency was to
expire on April 13 , 2020 ; and
WHEREAS, on March 16 , 2020 , the Mayor and City Council for the City of
Milton declared via Emergency Ordinance that an emergency exists in the City of
Milton based on COVID-19 ; and
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DocuSign Envelope ID: DE4AE131-4034-412D-9BDF-079CE0B0DEC0
WHEREAS, on March 20 , 2020 , the Mayor and City Council for the City of
Milton declared via Emergency Ordinance that an emergency exists in the City of
Milton based on COVID-19 and delegated to the Mayor certain unilateral powers
(the "Emergency Ordinance " is attached hereto as Exhibit A); and ,
WHEREAS , the March 20 , 2020 Emergency Ordinance superseded the
March 16 , 2020 Ordinance ;
WHEREAS , the March 20 , 2020 Emergency Ordinance also included,
constituted, and ratified a Proclamation of Emergency by the Mayor pursuant to
Section 18-25 of the Code for the City of Milton , vesting in the Mayor certain
emergency powers ; and
WHEREAS , on April 2 , 2020 , Governor Brian Kemp issued a Shelter in
Place Order that was applicable to all persons in Georgia; and
WHEREAS, the Shelter In Place Order was effective through and including
April 13 , 2020 and was intended to combat COVID-19; and
WHEREAS, on April 8, 2020 , Governor Kemp extended the Shelter in Place
Order through April 30 , 2020; and
WHEREAS, on April 8, 2020 , Governor Kemp extended his declaration of
statewide emergency such that it would expire on May 13 , 2020; and
WHEREAS , the City of Milton 's Emergency Ordinance , adopted March 20,
2020 , is currently set to expire on April 19 , 2020 ; and
WHEREAS, pursuant to Section 3 .18 of the Charter of the City of Milton,
any Emergency Ordinance adopted pursuant thereto "shall automatically stand
repealed 30 days following the date upon which it was adopted, but this shall not
prevent reenactment of the ordinance in the manner specified in this section if
the emergency continues to exist ;" and
WHEREAS , the Mayor and City Council find that the emergency
necessitating the March 20 , 2020 Emergency Ordinance still exists and that the
Emergency Ordinance is in need of extension.
NOW THEREFORE, THE MAYOR AND COUNCIL FOR THE CITY OF
MILTON HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. That the WHEREAS and Preamble sections, above, are
hereby incorporated verbatim herein and the factual statements and findings are
hereby ratified and affirmed;
SECTION 2. That the March 20, 2020 Emergency Ordinance and
associated Proclamation of the Mayor shall be allowed to remain in place for their
original term, with same to expire at midnight on April 19, 2020;
SECTION 3. That this new Emergency Ordinance ("New Emergency
Ordinance") shall become effective and operational at 12:01 a.m. on April 20, 2020,
and shall have a term of thirty (30) days;
SECTION 4. That the substantive terms of the New Emergency Ordinance
shall be the same as those in the March 20, 2020 Emergency Ordinance, except that
the New Emergency Ordinance shall expire at midnight on May 20, 2020.
SECTION 5. This New Emergency Ordinance may be reenacted, extended,
terminated, or amended upon affirmative action taken at a meeting of the City
Council called by the Mayor or two (2) councilmembers of the City Council.
SO ORDAINED this 15th day of April 2020 by the Mayor and Council of
the City of Milton, Georgia.
THE CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
Attest:
~DocuSigned by :
~:::◄~= Sudie AM Gordon, City Clerk
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