HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/05/2020 - EMERGENCY ORDINANCE NO. 070, 2020 APPROVING EMERGEAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY May 5, 2020
City Council
STAFF
Darin Atteberry, City Manager
Jim Byrne, Office of Emergency Management
Carrie Daggett, City Attorney
SUBJECT
Emergency Ordinance No. 070, 2020 Approving Emergency Rules and Regulations Enacted by the City
Manager Pursuant to the Local COVID-19 Emergency.
EXECUTIVE SUMMARY
This Item has been amended to add Emergency Regulation 2020-015
The purpose of this item is to approve emergency rules and regulations enacted by the City Manager in response
to the COVID-19 emergency. Section 2-671(a)(6)(a) of the City Code provides that emergency rules and
regulations must be confirmed at the earliest practical time by the City Council. This Emergency Ordinance
seeks Council’s approval and ratification of all the emergency measures that have been enacted to date.
Adoption by ordinance will ensure that each of the regulations is enforceable to the fullest extent of the law.
As noted in the updated Emergency Ordinance, the City Manager has determined that the enforcement of
violations of Emergency Regulation No. 2020-015 as civil infractions rather than criminal misdemeanors will
better serve the purposes of the Regulation and further its effectiveness. Because the Code provides that
violations of Emergency Regulations shall be enforced as criminal misdemeanors, a provision expressly
authorizing the enforcement of violations of Emergency Regulation No. 2020-015 as civil infractions has also
been added to the Ordinance.
STAFF RECOMMENDATION
Staff recommends adoption of the Emergency Ordinance.
BACKGROUND / DISCUSSION
The City continues to be threatened with serious injury and damage, consisting of widespread human and
economic impact caused by the Novel Coronavirus 2019 (COVID-19). On March 13, 2020, in order to undertake
emergency measures to protect the life, health, safety and property of the citizens of the City and persons
conducting business therein, and in order to attempt to minimize the loss of human life and the preservation of
property, the City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local
emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the Emergency Operations
Plan established pursuant to Section 2-673 of the City Code. The Council extended the local emergency until
such time as the City Manager determines in writing that the conditions justifying the local emergency no longer
exist, with the adoption of Resolution 2020-030 on March 20, 2020.
Council has since adopted various resolutions (Resolution 2020-032, Resolution 2020-036, and Resolution
2020-038) approving Emergency Rules and Regulations Nos. 2020-01 through 2020-012. This Emergency
Ordinance ratifies all those previously approved and additional Emergency Rules and Regulations since
enacted. Since the most recent Council approval, the City Manager has issued the following additional
Agenda Item 10
Item # 10 Page 2
emergency rules and regulations in order to protect the health and safety of City residents and visitors, as follows:
• Emergency Regulation No. 2020-013, authorizing the City Building Official to accept satisfactory evidence
that an applicant has previously passed the 2009 version of the IBC contractor licensing examination because
applicants are unable to test and receive a passing certificate for the current International Building Code
(“IBC”) adopted by the City of Fort Collins (2018) during the current Local Emergency due to closure of
licensing examination facilities, commencing immediately and continuing through the end of the Local
Emergency or such time as the locally designated testing facilities that proctor compliant IBC general
licensing examinations reopen, whichever first occurs.
• Emergency Regulation No. 2020-014, permitting the continued use of the Community of Christ Church at
220 E. Oak Street as seasonal overflow shelter during the COVID after the end of April.
• Emergency Regulation No. 2020-015, mandating the wearing of face coverings in enclosed areas to
which the public is invited or in which workers are working, in City buildings and facilities and in certain
outdoor locations.
In addition, the City Manager has suspended the operation of Emergency Rules and Regulation No. 2020-09,
regarding the operation of a temporary outdoor shelter area on City property near the Northside Aztlan
Community Center, unless and until there is a further need for that temporary outdoor shelter facility to resume
operation.
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(Ordinance Amended 4/30/2020)
EMERGENCY ORDINANCE NO. 070, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING EMERGENCY RULES AND REGULATIONS
ENACTED BY THE CITY MANAGER PURSUANT TO THE
LOCAL COVID-19 EMERGENCY
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, in early March declarations of emergency regarding COVID-19 were issued
by President Trump, Governor Polis and the Larimer County Department of Public Health and
Environment; and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business
therein, and in order to attempt to minimize the loss of human life and the preservation of
property, the City Manager, as the Director of the City’s Office of Emergency Management,
proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and
activated the Emergency Operations Plan established pursuant to Section 2-673 of the City Code;
and
WHEREAS, the City Council extended the local emergency until such time as the City
Manager determines in writing that the conditions justifying the local emergency no longer exist,
with the adoption of Resolution 2020-030 on March 20, 2020; and
WHEREAS, having proclaimed a local emergency, the City Manager has issued
emergency rules and regulations in order to protect the health and safety of City residents and
visitors; and
WHEREAS, at its adjourned meeting on March 31, 2020, the City Council adopted
Resolution 2020-032, approving the Emergency Rules and Regulations that had as of that date
been issued by the City Manager, including the following:
a. Emergency Regulation No. 2020-01, Authorizing Emergency Purchases
pursuant to City Code Section 8-161(b)(1), dated March 17, 2020; and
b. Emergency Regulation No. 2020-02, suspending certain legal requirements to
allow the operation of a day shelter, homeless shelter, and/or seasonal
overflow shelter at the Northside Aztlan Community Center, dated March 19,
2020; and
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c. Emergency Regulation No. 2020-03, suspending fares for all Transfort bus
routes within the City, including FLEX and MAX routes and Dial-a-Ride
trips, dated March 19, 2020; and
d. Emergency Regulation No. 2020-04, suspending the operation of the
requirements of City Code Chapter 26 related to disconnecting City non-
telecommunication utility services to a premise upon non- or late payment of
utility service fees during the pendency of the local emergency or other
applicable order, dated March 20, 2020; and
e. First Amended Emergency Regulation No. 2020-05A, suspending the
prohibition on occupying recreational vehicles on private property, with
written permission from the property owner, for working, living, or sleeping
purposes in order to use that recreational vehicle to promote physical
distancing and/or quarantine, dated March 30, 2020;
and
WHEREAS, at its regular meeting on April 7, 2020, the City Council adopted Resolution
2020-036, approving the Emergency Rules and Regulations that had as of that date been issued
by the City Manager, including the following:
a. Emergency Regulation No. 2020-06, authorizing places of worship or
assembly to conduct live religious services on their property so long as
attendance is viewed remotely from on the property in vehicles provided
physical distancing requirements are met and provided the arrangement is
permitted by State and County “stay-at-home” orders, dated April 1, 2020;
and
b. Emergency Regulation No. 2020-07, limiting enforcement for certain types of
parking violations (block face restrictions, overtime, expired tags, and
residential parking permit violations) and easing certain requirements related
to parking tickets, dated April 1, 2020; and
c. Emergency Regulation No. 2020-08, authorizing certain temporary sign,
banner and pennant encroachments by essential businesses during the local
emergency, dated April 4, 2020;
and
WHEREAS, at its regular meeting on April 21, 2020, the City Council adopted
Resolution 2020-038 approving the Emergency Rules and Regulations that as of that date been
issued by the City Manager, including the following:
a. Emergency Regulation No. 2020-09, designates an outdoor emergency
shelter area at the Northside Aztlan Community Center and adopts
Temporary Outdoor Shelter Regulations that will govern the use of the
outdoor emergency shelter area, including a prohibition on the open carrying
of firearms within the designated outdoor shelter area; and
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b. Emergency Regulation No. 2020-010, waiving the requirements of the City
Land Use Code, Building Code and Fire Code for the property at 1125 W.
Myrtle Street (the former Elderhaus property off of Shields Street owned by
CSURF) so that it can be used to shelter people experiencing homelessness
who test positive or are presumed to have COVID-19; and
c. Emergency Regulation No. 2020-011, suspending the City Code requirement
that solid waste collectors make curbside pickup of residential yard
trimmings available at least weekly from April 1 to November of each year,
so no residential yard trimming pickup is required from April 1 to June 30,
2020, while allowing the haulers to offer this service if they are willing and
able to; and
d. Emergency Regulation No. 2020-012 authorizing scheduled route reductions
for Transfort to respond to the pandemic as needed;
and
WHEREAS, the City Manager has since issued additional Emergency Rules and
Regulations (collectively referred to as the “New Emergency Rules and Regulations”), as
follows:
a. Emergency Regulation No. 2020-013 authorizing the City Building
Official to accept satisfactory evidence that an applicant has previously
passed the 2009 version of the IBC contractor licensing examination
because applicants are unable to test and receive a passing certificate for
the current International Building Code (“IBC”) adopted by the City of
Fort Collins (2018) during the current Local Emergency due to closure of
licensing examination facilities, commencing immediately and continuing
through the end of the Local Emergency or such time as the locally
designated testing facilities that proctor compliant IBC general licensing
examinations reopen, whichever first occurs; and
b. Emergency Regulation No. 2020-014, permitting the continued use of the
Community of Christ Church at 220 E. Oak Street as a seasonal overflow
shelter during the COVID after the end of April;
c. Emergency Regulation No. 2020-015, requiring the wearing of face
coverings in enclosed areas to which the public is invited or in which
workers are working, in City buildings and facilities and in certain outdoor
locations;
and
WHEREAS, in addition, the City Manager has suspended the operation of Emergency
Rules and Regulation No. 2020-09, regarding the operation of a temporary outdoor shelter area
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on City property near the Northside Aztlan Community Center, unless and until there is a further
need for that temporary outdoor shelter facility to resume operation; and
WHEREAS, Section 2-671(a)(6)(a) of the City Code provides that the emergency rules
and regulations must be confirmed at the earliest practical time by the City Council; and
WHEREAS, the Council has determined that each of the Emergency Regulations (No.
2020-01 through No. 2020-014015) described above is reasonably necessary to the protection of
life, health, safety and property of the residents of and visitors to Fort Collins; and
WHEREAS, the Council has further determined that the enforcement of violations of
Emergency Regulation No. 2020-015 as civil infractions rather than criminal misdemeanors will
better serve the purposes of the Regulation and further its effectiveness; and
WHEREAS, approval of all Emergency Rules and Regulations by ordinance will ensure
that they are enforceable to the fullest extent of the law, and Council therefore wishes to approve
them by the adoption of this Ordinance; and
WHEREAS, Article II, Section 6 of the City Charter authorizes the Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least five members of the Council and which shall contain a specific statement of the nature of
the emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above and finds that an emergency exists requiring the
immediate adoption of this Ordinance under Article II, Section 6 of the City Charter to enable
the City to carry out and fully enforce the terms of each of the above-described Emergency Rules
and Regulations, in order to protect the health, safety and welfare of the people of Fort Collins in
light of the above-described local emergency.
Section 2. That the City Council hereby finds that the City Manager’s establishment
of the Emergency Rules and Regulations, including the New Emergency Rules and Regulations
attached hereto as Exhibit A, and Exhibit B and Exhibit C and incorporated herein by this
reference, was necessary in the interest of protecting the life, health, safety and property of the
citizens of Fort Collins.
Section 3. That the City Council hereby confirms, ratifies and approves each of the
above-described Emergency Rules and Regulations as of the date of their establishment by the
City Manager.
Section 4. That the City Council hereby approves the enforcement of violations of
Emergency Regulation No. 2020-015 as civil infractions under City Code Section 1-15(f), as an
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exception to the requirement in City Code Section 2-671(e) that such violations shall be
punishable as criminal misdemeanors.
Section 45. That the City Clerk is hereby directed to cause the publication of this
Emergency Ordinance in accordance with the Fort Collins City Charter.
Introduced, considered favorably by at least five (5) members of the Council of the City
of Fort Collins and finally passed as an emergency ordinance and ordered published this 5th day
of May, 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
City Manager’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107
fcgov.com
EMERGENCY RULES AND REGULATIONS No. 2020-13
To all persons take notice:
That for the protection of life, health, safety and property as affected by reason of the Novel
Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under
the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (City) and which
declaration of local emergency was filed with the City Clerk and with the Colorado Division of
Emergency Management on March 13, 2020 and extended by City Council adoption of Resolution
2020-030 on March 20, 2020 (Local Emergency), I have hereby established, under the authority
of City Code Sec. 2-671(a)(6)a, and 2-675 the following emergency rules and regulations
(Emergency Regulation):
1. Because applicants are unable to test and receive a passing certificate for the current
International Building Code (“IBC”) adopted by the City of Fort Collins (2018) during the
current Local Emergency due to closure of licensing examination facilities, commencing
immediately and continuing through the end of the Local Emergency or such time as the locally
designated testing facilities that proctor compliant IBC general licensing examinations reopen
and resume testing, whichever first occurs, I authorize the City Building Official to accept
satisfactory evidence that the applicant has previously passed the 2009 version of the IBC
contractor licensing examination.
2. I find that this Emergency Regulation is reasonable and necessary to promote the physical
and economic health, safety and welfare of the public as it will:
a. Temporarily take precedence over the requirements of section 5-26, Adoption of
Standards and Section 15-157, supervisor certificate; fees; examinations;
renewals; which currently require, a general contractor seeking to receive or
renew their license through the City to present evidence of passing the most
recent version of the IBC contractor licensing examination.
b. Recognize that construction continues to be considered a critical function and
facilitate provision of necessary construction services to citizens of Fort Collins.
c. Allow essential construction business to continue to be provided by qualified
contractors during closure of the locally designated testing facilities, protecting
the economic and physical security of the residents of Fort Collins.
EXHIBIT A
3. Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth
herein shall be disseminated to local radio and television stations and to a newspaper having a
general circulation within the City. A knowing violation of these rules and regulations shall
be a misdemeanor punishable under Section 1-15 of the City Code.
This Emergency Regulation shall remain in effect as expressly set forth above or until superseded,
rescinded or extended by a subsequent emergency regulation, or through the end of the Local
Emergency or the reopening of the testing facilities, whichever first occurs.
DATED this _____ day of April, A.D. 2020.
__________________________________
Darin A. Atteberry, City Manager
City Manager’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107
fcgov.com
EMERGENCY RULES AND REGULATIONS No. 2020-14
To all persons take notice:
That for the protection of life, health, safety and property as affected by reason of the COVID-19
Event, which resulted in my declaration of a “local emergency” under the authority of Chapter 2,
Article IX of the Code of the City of Fort Collins, (the “City”) and which declaration of local
emergency was filed with the City Clerk and with the Colorado Division of Emergency
Management on March 13, 2020, and extended by City Council adoption of Resolution 2020-
030 on March 20, 2020, I have hereby established, under the authority of Sec. 2-671(a)(6)a, the
following rules and regulations:
1. Commencing on May 1, 2020, and until further notice, the requirements of the Fort
Collins Land Use Code that limit the operation of “seasonal overflow shelters” to the period
from the beginning of November to the end of April shall not apply to the use of the property
owned by the Reorganized Church of Jesus Christ of Latter Day Saints, a Missouri nonprofit
corporation d/b/a Community of Christ (“Owner”) and located at 220 E. Oak Street, Fort Collins,
Colorado 80524, as a temporary shelter for persons experiencing homelessness.
2. The Seasonal Overflow Shelter Operating Agreement dated November 1, 2019, between
the City, the Owner, and Catholic Charities and Community Services of the Archdiocese of
Denver, Inc., as required by Section 3.8.33(C)(1)(c) of the Land Use Code and related
agreements may be extended by mutual agreement of the parties beyond April 30, 2020, but
must terminate upon suspension of this emergency regulation.
3. Nothing in this emergency regulation shall prevent the City from utilizing such other
legal mechanisms as are available to it, including, without limitation, the Fire Code, the Building
Code, Chapter 20, Article I of the City Code and/or the Uniform Code for abatement of
dangerous buildings in cases of emergency.
Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be
disseminated to local radio and television stations and to a newspaper having a general
circulation within the City.
DATED this ____ day of April, A.D. 2020.
__________________________________
Darin A. Atteberry, City Manager
City Manager’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107
fcgov.com
EMERGENCY RULES AND REGULATIONS No. 2020-15
To all persons take notice:
That for the protection of life, health, safety and property as affected by reason of the Novel
Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under
the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and
which declaration of local emergency was filed with the City Clerk and with the Colorado
Division of Emergency Management on March 13, 2020, and extended by City Council adoption
of Resolution 2020-030 on March 20, 2020, I have hereby established, under the authority of
Sec. 2-671(a)(6)a, the following rules and regulations:
1. Purpose, Effective Area. This Emergency Regulation is being issued to limit the health
impacts of COVID-19. This Regulation sets forth requirements for the public to utilize face
coverings inside of public places, to slow the spread of the COVID-19 virus. This Order is
effective within the entirety of the territory of the City of Fort Collins, Colorado.
2. Effective Date and Time, Limitations. The Emergency Regulation will become effective
Monday, May 4, 2020, unless otherwise specifically provided for herein, and will remain in
effect until suspended or terminated by action of the City Manager or City Council of the City of
Fort Collins.
3. Definitions.
a. Face Covering shall mean a uniform piece of material that securely covers a person’s
nose and mouth and remains affixed in place without the use of one’s hands. Face
Coverings include, but are not limited to, bandanas, medical masks, cloth masks and
gaiters.
4. Face Coverings required. All persons shall wear Face Coverings when entering and while
inside:
a. Any enclosed area, including retail and commercial businesses or on-site service
providers, to which the public is invited or in which workers, including volunteers, from
more than one household are present;
b. Any City of Fort Collins building or indoor City facility;
c. Any public transportation, including City Transfort buses and bus shelters;
Rules and Regulations
May 1, 2020
Page 2 of 4
d. Any other public indoor place where persons are unable to maintain safe social
distancing (six or more feet separation) from others not of their own household; or
e. Any outdoor seating or patio area of a place that falls within Section 4(a).
5. Face Coverings for workers. All employers shall require, and make reasonable efforts to
provide, Face Coverings to employees, volunteers and other workers in their places of
employment that fall within the scope of Section 4 of this Regulation.
6. Exceptions. Nothing herein shall require the wearing of face coverings by the following
persons or on the following properties:
a) Persons under the age of ten years or children within a childcare facility;
b) Persons for whom a face covering would cause impairment due to an existing health
condition and who present a doctor’s note to that effect;
c) Persons working in a professional office or other workspace who do not have any face-
to-face interactions with or share workspace with other persons;
d) If the person is undergoing a medical or dental procedure that requires access to the
person’s mouth or nose; and
e) Property owned or operated by the federal, state or county governments.
f) Persons who are customers of banks, financial institutions and pawn shops, however,
employees of these places must still wear face coverings.
7. General Information for all Persons. Pursuant to federal Centers for Disease Control
guidance, the public is strongly encouraged to wear cloth Face Coverings that:
• Fit snugly but comfortably against the side of the face;
• Are secured with ties or ear loops;
• Include multiple layers of fabric;
• Allow for breathing without restriction; and
• Are able to be laundered and machine dried without damage or change to shape.
Information on making such masks can be found at: https://www.cdc.gov/coronavirus/2019-
ncov/prevent-getting-sick/diy-cloth-face-coverings.html
THE PUBLIC IS DISCOURAGED FROM ATTEMPTING TO ACQUIRE HEALTH
CARE AND INDUSTRIAL FACE COVERINGS THAT ARE NECESSARY TO
PROTECT HEALTH CARE WORKERS DURING THE COVID-19 PANDEMIC.
These actions will limit the cascading impacts on critical services by limiting spread of COVID-
19. This Regulation and actions will help hospitals, first responders, and other healthcare
services continue to provide services for those who need them (along with utilities, human
services, and businesses) in the coming weeks and months. Collective action can save lives and
is in support of the most vulnerable in our community.
Rules and Regulations
May 1, 2020
Page 3 of 4
8. Most Restrictive Standard Controls. To the extent any State and/or Federal orders or laws
are more restrictive than what is set forth herein, such orders control.
9. Signage Required. Any property that is subject to Section (4) of this emergency rule must
display signage in a prominent area of the property that informs members of the public about the
requirement to wear Face Coverings while entering and within the property. Sample signage can
be found at www.fcgov.com/coronavirus.
10. Enforcement Process. A person entering a property or area covered by this Regulation shall
be notified by an Officer, as that term is defined by City Code, of the requirement to wear a Face
Covering and, if the person does not comply with the Face Covering requirement, such person
will be asked to leave the property or area that requires a Face Covering.
11. Penalties.
a. Any person who, after being asked to wear a Face Covering, or to leave the property,
continues to remain in the area or on the property requiring a Face Covering without wearing a
Face Covering, shall be guilty of a criminal misdemeanor pursuant to Section 1-15 of the City
Code. Fort Collins City Council, in its discretion, may pass an ordinance reducing the penalties
for violations of this emergency rule to a civil infraction pursuant to Section 1-15(f) of the City
Code.
b. Any person with operational control of a property subject to Section (4) of this emergency
rule, including any employer, business operator or manager, who allows a person to remain
inside or on the property without wearing a Face Covering shall also be guilty of a criminal
misdemeanor pursuant to Section 1-15 of the City Code. Fort Collins City Council, in its
discretion, may pass an ordinance reducing the penalties for violations of this emergency rule to
a civil infraction pursuant to Section 1-15(f) of the City Code.
12. Reporting Violations. Members of the public can report suspected violations of this
emergency rule at www.fcgov.com/accessfortcollins or by calling (970)-416-2200. Please do not
call 911 to report violations of this emergency rule.
Rules and Regulations
May 1, 2020
Page 4 of 4
13. Dissemination. Pursuant to Section 2-671(e) of the City Code, the rules and regulations set
forth herein shall be disseminated to local radio and television stations and to a newspaper
having a general circulation within the City.
DATED this 1st
day of May, A.D. 2020.
__________________________________
Darin A. Atteberry, City Manager
EXHIBIT C
EXHIBIT B