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HomeMy WebLinkAboutSan Bernardino - Executive Order 2020-04 - Amended Curfew Order-c1 (2)Executive Order No. 2020-04 EXECUTIVE ORDER NO. 2020-04 EMERGENCY EXECUTIVE ORDER OF THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RESCINDING AND REPLACING EXECUTIVE ORDER NO. 2020-01 (DATED MAY 31, 2020) AND PROCLAIMING THE EXISTENCE OF A LOCAL EMERGENCY AND DECLARING A CURFEW WHEREAS, California Government Code Section 8630 provides that a local emergency may be proclaimed by the governing body, or designee, of a city; and WHEREAS, On May 29 and 30, 2020, protests in various cities throughout Southern California resulted in damage, graffiti, looting and according to news reports, hundreds of arrests; and WHEREAS, On May 30, 2020, Governor Gavin Newsom authorized assistance after a request from the city and county of Los Angeles, and proclaimed a state of emergency in Los Angeles County, citing to the civil unrest therein; and WHEREAS, more protests are anticipated throughout Southern California and have the potential to arise in or near the City of San Bernardino (“City”); and WHEREAS, the City joins the protestors and others in their outrage regarding the murder of George Floyd by police officers, and the City seeks to be an ally in the fight against racial injustice and the dismantling of systemic racism; and WHEREAS, the City respects the rights of peaceful assembly and protest; and WHEREAS, with liberty comes responsibility; violence directed against persons and other acts that threaten public safety, including setting of fires and throwing objects, endangers innocent persons and first responders charged with keeping the peace; and WHEREAS, it has been reported that violence is being instigated by outside agitators; and WHEREAS, in order to safeguard the rights of peaceful assembly and protest, to protect the safety of City residents, property and businesses as well as emergency and law enforcement providers, it is necessary to establish a curfew to quell violence and destruction of property; and WHEREAS, it is the City’s intent to impose only a nighttime curfew so as to leave opportunities during daytime for the voices of the protesters to make themselves heard; and WHEREAS, upon proclamation of a local emergency, the City Manager as Director of Emergency Services is authorized to make and issue regulations on matters reasonably related to the protection of life and property as affected by such emergency and to impose a curfew under Government Code Section 8634 and the San Bernardino Municipal Code; and Executive Order No. 2020-04 WHEREAS, this Order is adopted pursuant to the City’s police powers and powers afforded to the City in time of local emergency such powers being afforded by the State Constitution, State law, and the San Bernardino City Charter and Municipal Code to protect the peace, health, and safety of the public, and to protect life and property as affected by the emergency, in that this Order declares an emergency and imposes a curfew in order to restore the peace and prevent additional disturbances, looting, violence as has been seen locally in recent days ; and WHEREAS, on May 31, 2020, the City Manager as Director of Emergency Services issued Executive Order No. 2020-01 proclaiming the existence of a local emergency and imposing a curfew beginning at 8 p.m.; and WHEREAS, on the evening of May 31, 2020, the City experienced severe civil unrest which included various acts of looting, vandalism, and arson; and WHEREAS, this Order rescinds the May 31 order and amends the curfew so that it now begins at 6 p.m. BE IT ORDERED BY THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Executive Order No. 2020-01 issued on May 31, 2020 is hereby rescinded and replaced with this Resolution. SECTION 3. Conditions of extreme peril to the safety of persons and property have arisen within and around the City of San Bernardino, caused by potential civil unrest and disturbances and violence. SECTION 4. The aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency and imposition of a curfew. SECTION 5. Said local emergency shall be deemed to continue and shall be brought before the City Council within seven days for ratification. NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the City of San Bernardino; and IT IS HEREBY FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of San Bernardino shall be those prescribed by law, by ordinances, and resolutions of the City of San Bernardino, and approved by the City Council. SECTION 6. Curfew. A curfew is hereby in effect starting daily at 6 p.m., and ending at sunrise, and during which no person shall be upon the public street, avenue, alley, park, or other public place or unimproved public realty. This curfew shall not apply to the San Bernardino Executive Order No. 2020-04 Police Department, firefighters, or other emergency personnel or civilians engaged in police or emergency work, nor shall it apply to authorized representatives of any news service, newspaper, or radio or television station or network, or persons traveling to or from work or religious meetings. SECTION 7. The law enforcement forces of this City, along with the law enforcement authorities cooperating with the City are hereby authorized and charged, to the extent provided by law, with the responsibility of enforcing this curfew and are further authorized to arrest such persons as do not obey this curfew after due notice, oral or written, has been given to said citizen. Any person not abiding by this declaration is guilty of a misdemeanor and subject to punishment in accordance with the San Bernardino Municipal Code enforcement provisions. SECTION 8. This curfew shall remain in effect until such time as it is terminated by either the Director of Emergency Services or the City Council, or the termination or expiration of the local emergency. The Director of Emergency Services is directed announce the curfew and penalties for violating the curfew on the city’s website and other available messaging options. SECTION 9. Severability. If any provision of this Order or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Order are declared to be severable. ORDERED by the City Manager/Director of Emergency Service this ___ day of June, 2020. Teri Ledoux, City Manager and Director of Emergency Services City of San Bernardino