HomeMy WebLinkAboutORDINANCE 04-20ORDINANCE NO.04-20
AN EMERGENCY ORDINANCE AMENDING TITLE 2 OF THE ESTES PARK
MUNICIPAL CODE REGARDING DISASTERS AND EMERGENCIES
WHEREAS,the Town of Estes Park is facing the COVID-19 pandemic and must
be able to respond promptly to address any emergency circumstances that arise;and
WHEREAS,emergency response responsibilities are vested in the Town
Administrator,as the principal executive officer of the Town;and
WHEREAS,flexibility is necessary in setting meetings of the Board of Trustees
during an emergency;and
WHEREAS,it is critical at this time for the Board of Trustees to clarify and expand
upon the Town’s procedures for disasters and emergencies.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
Section 1:Chapter 2.04 of the Estes Park Municipal code is hereby amended by
the addition of the following section 2.03.045:
2.04.045 -Emergency meetings.
(a)Meetings on short notice.Emergency meetings may be called by the Mayor,
the Town Administrator,or any two (2)Board of Trustees members in the event of a
declared disaster or emergency affecting the Town that requires the immediate action of
the Board of Trustees in order to protect the public health,safety,and welfare of the
residents of the Town.Notice of such emergency meeting may be given to the Board of
Trustees by telephone or whatever other means are reasonable to meet the
circumstances of the emergency.At such emergency meeting,any action within the
police power of the Board of Trustees that is necessary for the immediate protection of
the public health,safety and welfare may be taken;provided,however,that any action
taken at an emergency meeting shall be effective only until the first to occur of (a)the
next regular meeting,or (b)the next special meeting of the Board of Trustees at which
the emergency issue is on the public notice of the meeting.At such subsequent meeting,
the Board of Trustees may ratify any emergency action taken.If any emergency action
taken is not ratified,then it shall be deemed expired as of that time.
(b)Virtual meetings.In the event a quorum of the Board of Trustees is unable to
meet because meeting in person is not practical or prudent due to a declared disaster or
emergency affecting the Town,meetings may be conducted by telephone,electronically,
or by other means of communication so as to provide maximum practical openness to the
public given the Town’s technological means,if all of the following conditions are met:
1.The Town Administrator or the Mayor determines that meeting in person is not
practical or prudent,because of a declared disaster or emergency affecting the Town;
2.All members of the Board of Trustees can hear one another or otherwise
communicate with one another and can hear or read all discussion and testimony in a
manner designed to provide maximum notice and participation;
3.Members of the public present at the regular meeting location can hear or read
all discussion,testimony and votes,unless that is not practical,in the determination of the
Town Administrator,due to the disaster or emergency,in which case the Town
Administrator shall ensure that the meeting is as open as practicable to the public through
other means;
4.At least one member of the Board of Trustees is present at the regular meeting
location,unless not practicable due to pandemic or other disaster or emergency;
5.All votes are conducted by roll call;
6.The meeting is recorded,or minutes of the meeting are taken,and the recording
or a draft of the minutes is made available to the public as quickly as practicable;and
7.To the extent possible,full and timely notice is given to the public selling forth
the time of the meeting,the fact that some members of the Board of Trustees may
participate remotely,and the right of the public to monitor the meeting from another
location;provided that these requirements are subject to subsection (a),above,if the
virtual meeting is also an emergency meeting.
Section 2:Chapter 2.28 of the Estes Park Municipal code is hereby amended by
the addition of the following section 2.28.030:
2.28.030 —Disaster and emergency declarations.
(a)The Town Administrator,as the principal executive officer of the Town,shall
have the authority to declare and cancel states of disaster and emergency.Such
declarations,continuations,and cancellations shall be given prompt and general
publicity and shall be filed promptly with the Town Clerk and with the state office of
emergency management.At the time of declaration,the Town Administrator shall
make a reasonable attempt to notify the Board of Trustees of the declaration and that
notification shall,at a minimum,contain the cause,extent and a general description
of the emergency,the actions expected to be taken,and the expected duration.The
declaration shall not be continued or renewed for a period in excess of seven days
except with the consent of the Board of Trustees.
(b)The Town Administrator shall have the power to promulgate in writing such
rules,regulations and orders as are reasonably necessary for the protection of life
and property within the Town or on Town-owned or Town-leased property outside the
Town from the dangers created or increased by a disaster or an emergency.It is
unlawful for any person to violate,or fail to abide by,any such rule,regulation,or
order.Any such rule,regulation,or order shall be effective only as long as the disaster
or emergency declaration is in effect.Issuance of a news release disseminating such
rules,regulations,and orders shall be deemed to provide notice to the public.Any
such rule,regulation,or order may be terminated by action of the Town Board.
Without limiting the foregoing,such rules,regulations,and orders may,to the extent
necessary to address the disaster or emergency:
1.Suspend the enforcement of any ordinance,in general or in particular
circumstances;
2.Suspend any of the Town’s policies,including purchasing policies;
3.Set emergency employee policies;
4.Close Town facilities or property to the public,or suspend Town operations;
5.Suspend Town board and commission meetings;
6.Impose a curfew,and exempt therefrom emergency responders;
7.Restrict public gatherings;
8.Compel evacuations or sheltering in place;
9.Impose vehicular and traffic restrictions;
10.Order the closing or limit operations of any businesses or commercial
activities;
11.Call upon agencies and organizations for assistance;
12.Waive fees,subiect to any statutory requirements;
13.Reassign Town personnel or supplies;
14.Utilize emergency funds;
15.Commandeer or utilize any private property necessary to cope with the
disaster or emergency,subject to all applicable legal requirements including
those requiring just compensation;and
16.Enter the Town into contracts that would ordinarily require approval of the
Board of Trustees,so long as they are subject to ratification by the Board
at the first to occur of (a)the next regular meeting,or (b)the next special
meeting of the Board of Trustees at which the emergency issue is on the
public notice of the meeting.
Section 3:Section 2.12.030 of the Estes Park Municipal code is hereby
amended by the addition of underlined material,to read as follows:
2.12.030 -Role of the Mayor.
The Mayor shall preside over all meetings of the Board of Trustees.He or she
shall perform such duties as may be required of him or her by statute or ordinance.
Insofar as is required by statute and for all ceremonial purposes,the Mayor shall be
the executive head of the Town.See section 2.28.030,however,establishing the
Town Administrator as the principal executive officer of the Town for certain
emergency purposes.
Section 4:The Board of Trustees hereby finds,determines and declares that it
has the power to adopt this ordinance pursuant to the provisions of section 31-15-
401(1 )(b),C.R.S.,as well as the Town’s general police power.The Board of Trustees
hereby finds,determines and declares that this ordinance is necessary and proper to
provide for the safety,preserve the health,promote the prosperity,and improve the
order,comfort and convenience of the Town of Estes Park and the inhabitants thereof.
Section 5:The Board of Trustees hereby finds that this ordinance is necessary
for the immediate preservation of public health and safety,due to the pandemic facing
the Town and for the reasons enumerated in the introductory paragraphs of this
ordinance,which are incorporated into this section 3 by reference.This ordinance
shall take effect immediately upon its adoption and signature by the Mayor.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this gHy of MR?x A
TOWN OF E
By:
Mayor
ATTEST:
Clerk
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the \?T day of M.C)A ,2020 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the 7Hday
of Mrwc!A(,2020,all as required by the Statutes of the State of ColQrado.
lerk
APPROVED AS TO FORM:
COLORADO
Town Attorney