Chapter 5-34
COVID-19 REQUIREMENTS AND REMEDIES

Sections:

Article 1. COVID-19 Requirements and Remedies

5-34-010    CDPH Guidance and exemptions.

5-34-020    Regional Stay at Home Orders.

5-34-030    Violations.

5-34-040    Public nuisance.

5-34-050    Administrative citation.

5-34-060    Appeals.

5-34-070    Construction.

5-34-080    Implementation.

Article 1. COVID-19 Requirements and Remedies

5-34-010 CDPH Guidance and exemptions.

The CDPH Guidance and exemptions, attached to the ordinance codified in this Chapter as Exhibit “A” and incorporated hereto as if fully set forth, and as may be amended from time to time, is hereby expressly acknowledged and declared to be enforceable within the City of San Juan Bautista as if directly enacted by the City.

5-34-020 Regional Stay at Home Orders.

The provisions of the Regional Stay at Home Orders dated December 3, 2020, and December 6, 2020, and issued by the California Department of Public Health, including their recitals, are incorporated herein as if fully set forth and declared to be enforceable within the City of San Juan Bautista as if directly enacted by the City.

5-34-030 Violations.

Any responsible person, as defined by SJBMC 2-7-105(D), who violates the Guidance or the Regional Stay at Home Orders is in violation of this Chapter and is subject to administrative citations under SJBMC 2-7-120. The fine amount shall be one hundred dollars ($100.00) for the first violation, two hundred fifty dollars ($250.00) for the second violation and five hundred dollars ($500.00) for each subsequent violation.

5-34-040 Public nuisance.

Additionally, in order to address the immediate threat to peace, health, safety, and welfare of the residents of the City of San Juan Bautista, this Chapter declares violation of the Regional Stay at Home Orders dated December 3, 2020, and December 6, 2020, by a business within the City of San Juan Bautista to be a public nuisance pursuant to Article 5 of Chapter 13-1 SJBMC, and declares such violations by private citizens operating businesses to be a public nuisance pursuant to Article 5 of Chapter 13-1 SJBMC.

5-34-050 Administrative citation.

Any business or individual cited as a public nuisance for violating the Regional Stay at Home Orders dated December 3, 2020, and December 6, 2020, shall also be subject to an administrative citation and a fine of one thousand dollars ($1,000) per day that said violation continues. In addition to said fine, the City of San Juan Bautista may immediately revoke the business license of any business which is cited hereunder for operating as a public nuisance and/or in violation of the Regional Stay at Home Orders dated December 3, 2020, and December 6, 2020.

5-34-060 Appeals.

Businesses and individuals cited hereunder shall be able to appeal said citations and penalties pursuant to the procedure set forth in Chapter 2-7 SJBMC.

5-34-070 Construction.

This Chapter shall be liberally construed to provide the broadest possible protection against the COVID-19 pandemic for the citizens of the City of San Juan Bautista. The terms of this Chapter supersede any conflicting provision in the San Juan Bautista Municipal Code.

5-34-080 Implementation.

The City Manager, the City Attorney, and all other City officers and department heads are authorized and directed to take such other and further actions as may be necessary or appropriate to implement the intent and purposes of this Chapter.

Legislative History: Ord. 2020-04 (12/18/20).