SNELLVILLE — Due to the COVID-19 pandemic, the City has declared a local State of Emergency.
"The health and well-being of our citizens is paramount during this uncertain time," Mayor Barbara Bender said. "This declaration allows us to utilize all the available powers of the Mayor and Council to ensure our citizens and local businesses are getting the help they need to get through this pandemic. Please stay safe by staying home as much as possible and practice social distancing. And if you can, do your best to support our local businesses as many are struggling."
The declaration loosens restrictions usually placed on Snellville government. The ordinance will allow the Mayor and Council to take votes via teleconference and give the City Manager, in consultation with the Mayor, the right to order the closing of any restaurant or other place of business that is deemed by the Planning Director as a potential source for citizen contacts that might spread COVID-19.
The ordinance also allows a restaurant licensed to sell beer and wine for on-premises consumption to sell unopened bottles or new, sealed "growlers" of beer or unopened bottles of wine for take-out consumption off-premises when accompanied by an order for food.
Under the ordinance, the City Manager can authorize others to make emergency purchases of supplies, services, or construction items while there is threat to public safety.
The ordinance also encourages citizens to shelter in place and maintain social distancing guidelines.
"All citizens are encouraged to shelter at their place of residence and to monitor and adhere to changes to guidelines and/or mandates set forth from the Federal, State or local government and the (Centers for Disease Control)," the ordinance states. "To the extent individuals are using shared or outdoor spaces, they should, at all times as reasonably possible, maintain social distancing of at least six feet from any other person when they are outside of their residence. All persons are encouraged to only leave their residences for essential activities, essential governmental functions, or to operate essential businesses."
The city has already taken multiple steps to reduce the risk of community transmission, including closing certain facilities, cancelling meetings of the Municipal Court, Planning Commission, Board of Appeals and City Council as well as cancelling certain public gatherings.
Monitor Snellville.org for updates and information.
STATE OF GEORGIA
CITY OF SNELLVILLE
ORDINANCE NO. 2020-07
AN EMERGENCY ORDINANCE DECLARING STATE OF EMERGENCY IN THE CITY OF SNELLVILLE, GEORGIA DURING THE PUBLIC HEALTH EMERGENCY OF THE NOVEL CORONAVIRUS DISEASE 2019 (COVID-19) GLOBAL PANDEMIC.
WHEREAS, the President of the United States declared a National Public Health Emergency on Friday March 13, 2020; and
WHEREAS, the Governor of the State of Georgia declared a Public Health State of Emergency in Georgia on March 14, 2020 and the Georgia General Assembly concurred with the Governor's declaration on March 16, 2020; and
WHEREAS, the World Health Organization has declared the novel coronavirus known as COVID-19 a world health emergency and a pandemic; and
WHEREAS, the governing authority of the City of Snellville, Georgia is the Mayor and Council thereof; and
WHEREAS, the Charter of the City of Snellville, in Sections 1.12, 1.14 and 2.16 grants to the City all the powers possible for a City to have which includes the power to protect the safety, health, and welfare of the public; and
WHEREAS, the Charter of the City of Snellville, in Section 2.24(a) grants to the City the power to adopt an emergency ordinance to declare an emergency and "to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city"; and
WHEREAS, the City of Snellville has taken multiple measures to reduce the risk of community transmission, including closing certain facilities, cancelling meetings of the Municipal Court, Planning Commission, Board of Appeals and City Council as well as cancelling certain public gatherings; and
WHEREAS, additional measures will likely be required in the coming days and weeks to address the fluid situation and such measures will likely need to be executed quickly and free of the usual formalities and procedures required for City action.
IT IS HEREBY ORDAINED BY THE GOVERNING AUTHORITY OF THE CITY OF SNELLVILLE, GEORGIA, and by the authority thereof:
Section 1: The Mayor and City Council adopts and makes the findings discussed in the recitals above the factual findings of the Mayor and Council and hereby declare a Public Health State of Emergency in the City of Snellville due to the rapid spread of COVID-19 in the United States and the State of Georgia.
Section 2: The following provisions shall govern during the Public Health State of Emergency declared herein:
a. The City Council and all other boards, commissions or agencies of the City, shall have authority to conduct meetings and take votes by teleconference in accordance with O.C.G.A. Section 50-14-1(g).;
b. The City Manager in consultation with the Mayor shall have the right to order the closing of any restaurant or other place of business that is deemed by the Planning Director as a potential source for citizen contacts that might spread COVID-19.
c. During the effective dates of this Resolution only, a restaurant licensed to sell beer and wine for on-premises consumption, shall be authorized to sell unopened bottles or new, sealed "growlers" of beer or unopened bottles of wine for take-out consumption off-premises when accompanied by an order for food;
c. The City Council authorizes the City Manager to utilize the emergency procurement section of the City of Snellville Code of Ordinances (Sec. 2-445) allowing the city manager to make or authorize others to make emergency procurements of supplies, services, or construction items while there exists a threat to public health, welfare, or safety; provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. This provision shall not abrogate the city's requirements as specified in the Official Code of Georgia. During the effective dates of this Resolution, the City Manager's purchasing approval authority above normal spending levels shall be provided to the Mayor for approval.
d. The City Council desires to make certain that the chain of authority within city management is clear. If the City Manager is unable to perform his duties, the Deputy City Manager/Chief of Police shall assume the duties of the City Manager. If the City Manager and Deputy City Manager/Chief of Police are unable to perform the duties, the City Clerk shall assume the duties of the City Manager.
e. All citizens are encouraged to shelter at their place of residence and to monitor and adhere to changes to guidelines and/or mandates set forth from the Federal, State or local government and the CDC. To the extent individuals are using shared or outdoor spaces, they should, at all times as reasonably possible, maintain social distancing of at least six feet from any other person when they are outside of their residence. All persons are encouraged to only leave their residences for essential activities, essential governmental functions, or to operate essential businesses.
Section 3: All ordinances or parts of ordinances in conflict with the provisions of this Resolution are hereby suspended during the effective dates of this Ordinance and the terms and provisions of this Ordinance shall prevail.
Section 4: This Ordinance shall take effect upon passage by the City Council and shall expire by its own terms automatically at 11:59 p.m. on June 17, 2020, unless terminated sooner by further action of the Mayor and City Council.
Section 5. (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.
(b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.
(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.
Section 6. This Ordinance was adopted on March 20, 2020. The effective date of this Ordinance shall be the date of adoption unless otherwise stated herein.
ORDAINED this 20th day of March, 2020