Scotts Valley Municipal Code Ch. 8.16 Enforcement of Public Health Orders

The purpose of this chapter is to establish that violation of public health orders is prohibited under the Scotts Valley Municipal Code and constitutes an infraction. The purpose of this chapter is to also detail the enforcement methods that may be utilized to address such a violation.

(Ord. No. 196, § 1, 8-5-2020)

The following words and phrases, whenever used in this Chapter, shall be construed as defined in this section.

A. "County public health officer" means the Santa Cruz County Public Health Officer designated by the Santa Cruz County Board of Supervisors pursuant to Health and Safety Code section 101000.

B. "Enforcement officer" means the following officers or employees or their designated assistants or deputies:

1. The police chief, and any other law enforcement officer authorized to enforce the California Penal Code and the Scotts Valley Municipal Code in the City of Scotts Valley;

2. Community development director and his or her designated subordinates; and

3. Building official and his or her designated subordinates; and

4. Finance director and his or her designated subordinates; and

5. Public works director and his or her designated subordinates.

C. "Public health order(s)" means any order issued by the County Public Health Officer under authority granted by state law, any order issued by the State Public Health Officer, any state guidance and directives issued by the State Public Health Officer containing mandatory, binding, or enforceable obligations applicable to the public, or any site-specific or industry-specific protocols mandated as a part of such orders.

(Ord. No. 196, § 1, 8-5-2020)

Violation of a public health order is unlawful and is hereby prohibited.

(Ord. No. 196, § 1, 8-5-2020)

A. Violation of this chapter constitutes an infraction punishable as set forth in Scotts Valley Municipal Code Chapters 1.12 and 4.04.

B. As an alternative enforcement measure, an enforcement officer may issue a person violating this chapter an administrative citation pursuant to Scotts Valley Municipal Code Chapter 4.14. The procedures for issuing and appealing such citations, and the monetary penalties associated therewith, are those set forth in Scotts Valley Municipal Code Chapter 4.20, the relevant portions of which are incorporated herein by reference.

(Ord. No. 196, § 1, 8-5-2020)

A. Any person convicted of an infraction under the provisions of this Chapter shall be punishable by fine only as follows: (i) upon a first conviction, by a fine of not exceeding one hundred dollars; (ii) for a second conviction within a period of one year, by a fine of not exceeding two hundred dollars; and (iii) for each additional violation of the same section of the Municipal Code within a period of one year, by a fine not exceeding five hundred dollars.

B. The penalties assessed for each administrative citation issued in accordance with Section 8.16.040 shall not exceed the following amounts: (i) first violation, one hundred dollars; (ii) second violation within a one year period, two hundred dollars; and (iii) for each additional violation within a one year period, five hundred dollars.

(Ord. No. 196, § 1, 8-5-2020)

If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable. The city council hereby declares that it would have adopted this ordinance and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional or otherwise unenforceable.

(Ord. No. 196, § 1, 8-5-2020)