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HomeMy WebLinkAboutORDINANCE No. 20-12-461 - 12/07/2020 - Amended Emergency Ordinance COVID-19STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 20-12-461 AN AMENDED 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 ADOPTION BY THE COUNCIL; TO SUPERSEDE THE EXISTING EMERGENCY ORDINANCE; AND FOR OTHER PURPOSES. WHEREAS , the May or 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 corona virus disease 2019 ("COVID-19") global pandemic is a public emergency affecting and threatening life , health, property , and public peace ; and WHEREAS, on March 13 , 2 020 , 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 Go v ernor 's declaration has been repeatedly extended; WHEREAS , the Governor 's declaration of statewide emergency is currently set to expire on January 8, 2021 ; 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 WHEREAS, the City of Milton's Emergency Ordinance has been renewed on several occasions , with the most recently adopted version of the Ordinance having been extended through and including December 9, 2020 ; WHEREAS , it is the intention of the City of Milton to readopt and reinstitute the Emergency Ordinance effective December 9 , 2020 and extending through January 8, 2021 , coterminous with the Governor 's statewide declaration of emergency; WHEREAS , the Mayor and City Council continue to find that a state of local emergency exists in Milton, due to COVID 19 ; WHEREAS , pursuant to the powers conferred by the City ofMilton 's various Emergency Ordinances , as well as those powers conferred by Section 18-25 of the Milton Code , the Mayor has issued various emergency declarations for the purpose of mitigating the impact of COVID-19 on the citizens and businesses of Milton ; WHEREAS, the City Council has an interest in extending the declared state of local emergency and further extending certain enumerated Mayoral declarations to run coterminous with the period of declared local emergency; and , WHEREAS, the City Council also has an interest in providing relief to those businesses negatively affected by COVID-19 . NOW THEREFORE, THE MAYOR AND COUNCIL FOR THE CITY OF MILTON HEREBY ORDAIN AS FOLLOWS: SECTION 1. That the WHEREAS and Preamble sections , abo v e, are hereby incorporated verbatim herein and the factual statements and findings are hereby ratified and affirmed ; SECTION 2. That the Declaration of Emergency set forth in the March 20 , 20 2 0 Emergency Ordinance and the associated Proclamation of the May or declaring a local emergency due to COVID-19 , are hereb y further renewed and extended from December 9, 2020 until 11 :59 p.m. on January 8, 2021 ; 2 SECTION 3. That Sections 4 , 5 and 7 of the March 20 , 2020 Emergency Ordinance are renewed and extended ; SECTION 4. That Section 6 of the March 20, 2020 Emergency Ordinance , and any amendments thereto , are hereby stricken in their entirety; SECTION 5. That the following Mayoral Declarations are hereby extended to run coterminous with the term of this Emergency Ordinance: • March 20, 2020 Declaration -allowing "to go " malt beverage and wine alcohol sales for restaurants having a consumption on the premise license ; • March 23, 2020 Declaration -allowing restaurants and retail to place certain additional temporary signage ; SECTION 6. That the City of Milton's Reopening Plan was approved on May 18 , 2020 and continues in full force and effect. SECTION 7. That during the term of this Emergency Ordinance City staff are empowered to unilaterally modify those internal City Council rules with respect to how the public may interact with the Council , to ensure that during the term of this Emergency Ordinance , citizens are provided enhanced flexibility on engaging with the Council. By way of example , only , this many mean that citizens may email questions or comments to the Council and those be read into the record -even if the citizen is not in physical attendance at the Council meeting. SECTION 8. This New Emergency Ordinance shall become effective and operational commencing December 9, 2020 and shall expire at 11 :59 p.m . on January 8, 2021 , and 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. 3 SO ORDAINED this 7th day of December 2 020 by the Mayor and Council of the City of Milton, Georgia. THE CITY OF MILTON, GEORGIA Attest: 4