HomeMy WebLinkAboutOrdinances 21-02-467 - 02/01/2021STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 21-02-467
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 2019 ("COVID-19") global
pandemic is a public emergency affecting and threatening life, health , property, and
public peace; and
WHEREAS , on March 13, 2020, President Donald Trump declared a national
emergency due to COVID-19; and
WHEREAS , on March 14 , 2020, Go vernor 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 March 9, 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 February 7, 2021;
WHEREAS, it is the intention of the City of Milton to readopt and reinstitute
the Emergency Ordinance effective February 7, 2021 and extending through March
9, 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 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 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, 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
February 7, 2021 until 11 :59 p.m. on March 9, 2021;
SECTION 3. That Sections 4, 5 and 7 of the March 20, 2020 Emergency
Ordinance are renewed and extended;
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SECTION 4. 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 5. That the City of Milton's Reopening Plan was approved on May
18, 2020 and continues in full force and effect.
SECTION 6 . 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 7. That during the effective date of Emergency Ordinance, it is the
expectation of the Mayor and Council that all agencies of the City will assemble live
and in person to conduct City business. However, in the event that COVID-19 ( either
due to diagnosis or exposure of agency members) results in a quorum of agency
members being unable to assemble in person, the Council does hereby authorize such
agencies to meet via teleconference (virtually), with this Ordinance providing the
requisite justification for such virtual/teleconference meeting. This accommodation
is to ensure that the important business of the City continues. The Chair of the
pertinent agency shall confer with the Mayor as to the necessity of conducting the
meeting virtuall y, with it anticipated that the Mayor and the Chair will come to
mutual agreement on the need to conduct a virtual meeting. If there is a
disagreement, the Mayor shall make the final determination. The reason for meeting
virtually (i.e., COVID-19 diagnosis or quarantine resulting in the inability to
assemble a quorum) shall be entered upon the minutes when the agency assembles
for its virtual meeting.
SECTION 8. This New Emergency Ordinance shall become effective and
operational commencing February 7, 2021 and shall expire at 11:59 p.m. on March
9, 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)
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councilmembers of the City Council.
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SO ORDAINED this _:_st day of February 2021 by the Mayor a~d Council
of the City of Milton , Georgia.
THE CITY OF MILTON, GEORGIA
Attest:
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