HomeMy WebLinkAboutORDINANCE No. 20-11-458A - 11/02/2020 - Emergency Ordinance COVID-19STATE OF GEORGIA
COUNTY OF FULTON
RDINANCE NO. 20-11-458A
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 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 2 019 ("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, 2 020 , 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 has been repeatedly extended;
WHEREAS , the Governor's declaration of statewide emergency is currently
set to expire on December 9, 2020; and
WHEREAS , on March 16, 2 020 , 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 November 9 , 2020 ;
WHEREAS , it is the intention of the City of Milton to readopt and reinstitute
the Emergency Ordinance effective November 9, 2020 and extending through
December 9 , 2020 , coterminous with the Go v ernor '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 of Milton '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 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 , above , 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 ,
2020 Emergency Ordinance and the associated Proclamation of the Mayor declaring
a local emergency due to COVID-19 , are hereby further renewed and extended from
November 9 , 2020 until 11 :59 p.m. on December 9 , 2020 ;
SECTION 3 . That Sections 2 , 3, 4 , and 7 of the March 20 , 20 20 Emergency
Ordinance are renewed and extended ;
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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.
Live Performance Venues. For purposes of this Section, a "Live
Performance Venue" shall have the following definition: "Any indoor or outdoor
location that requires patrons to purchase a license to attend an event featuring live
musical, dramatical, automotive, educational, or any other type of entertainment
performed before in-person patrons ."
I. That pursuant to the powers vested in the City Council per Section 3 .18 of
the Milton Charter, as well as those unilateral powers conferred on the
Mayor in accord with Section 18-25 of the Code of Milton, the City and
Mayor are empowered to "meet an emergency" and otherwise "perform and
exercise any other functions and duties and take any emergency actions as
may be necessary to promote and secure the safety, protection and wellbeing
of the inhabitants of the city;"
a. The Mayor and Council hereby find that Live Performance Venues have
been uniquely harmed by COVID-19 , with such venues having been
effectively closed on March 23, 2020 (wherein the Governor's Order
prohibited more than ten (10) persons assembling in a single location);
b. On April 2, 2020, the Governor's Order specifically required that Live
Performance Venues discontinue in-person operation and be closed to
the public;
c. That Live Performance Venues were authorized to conduct limited
public operations, under exacting public health and social distancing
requirements, effective July 1, 2020;
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d . That many Live Performance Venues , particularly those conducting
outdoor events , have a limited season generally comprised of the warmer
summer months from May 1 through the end of October;
e. Due to COVID-19 , and the necessary restrictions on public assemblies
during calendar year 2020 , many Live Performance Venues have been
significantly impacted and lost weeks or months of revenue ;
f. Such loss of revenue may place those venues in the position of
discontinuing operations or otherwise declaring bankruptcy, with either
option not being in the best interests of the citizens and residents of
Milton; and ,
g. That the City Council and the Mayor believe it is in the best interests of
the inhabitants of Milton and likewise important to the wellbeing of
same , that Live Performance Venues that have a limited outdoor
operational season be provided an additional thirty (30) days to perform
outdoor operations , to allow such venues additional time to recoup lost
revenue before discontinuing operations for the winter months.
II. That the Mayor and City Council do hereby authorize those Live
Performance Venues in Milton that conduct outdoor operations, and that are
otherwise under any local ordinance or restriction to discontinue operations
by October 31 , be granted an additional period of time, to run coterminous
with the duration of this Amended Emergency Ordinance, to operate as a
Live Performance Venue and otherwise conduct outdoor, public operations
( to include live events).
III. This grant of an additional period of time to conduct operations is not
intended nor should it be construed as affecting or amending any local
ordinance or restriction , or condition of same , that was otherwise imposed
on a Live Performance Venue to limit the period of outdoor operations.
Instead , this grant of an additional period of time is an emergency
accommodation intended to reflect that due to COVID-19, such venues had
a shortened operating season that may negatively impact the financial
viability of such venues thereby resulting in their permanent closure.
IV . This grant of an additional period of time for a Live Performance Venue to
conduct outdoor operations shall not extend beyond December 9, 2020.
During this period of extension, Milton Code Enforcement shall fully
enforce all laws , codes and regulations against any Live Performance
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Venue , except for any limitations regarding the months of operation.
V. The allowance provided by this Section 6 of the Amended Emergency
Ordinance is intended and shall be construed as being both an enactment of
the Mayor under Section 18-25 of the Code of Milton and an enactment of
the Council under Section 3.18 of the City Charter.
SECTION 7. That the City of Milton 's Reopening Plan was approved on May
18 , 2020 and continues in full force and effect.
SECTION 8. 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 9. This New Emergency Ordinance shall become effective and
operational commencing November 9, 2020 and shall expire at 11 :59 p .m. on
December 9, 2020 , 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.
SO ORDAINED this 2nd day of November 2020 by the Mayor and Council
of the City of Milton , Georgia.
THE CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon , City Clerk
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