Loading...
2020-1757 RESOLUTION NO. 2020— 1757 A resolution declaring a state of emergency exists in the City of Janesville and issuing orders pertaining thereto; and ratifying the actions taken by the City Manager under his Proclamation of Emergency, dated March 25, 2020; with violations of each such orders subject to the forfeiture penalty provisions of Wisconsin Statute Section 323.28 and JGO 2-415 in an amount not to exceed $200.00 together with the costs and penalty assessments for each separate offense. The subsequent actions and orders taken by the Common Council in this Resolution shall not affect the prior validity of the City Manager's Proclamation. WHEREAS, the United States of America, the State of Wisconsin, and Rock County have been affected by the worldwide pandemic of the novel coronavirus (COVID-19), which is a dangerous respiratory illness that can spread from person to person; and WHEREAS, the COVID-19 pandemic and its prevalence throughout the United States and Wisconsin, including Rock County, constitutes a public health emergency; and WHEREAS, on Wednesday, the 25th day of March, 2020, pursuant to Wisconsin Statute Section 323.14(4)(b); Janesville General Ordinance Sections 2-410 to 2-415; and other applicable provisions of state, federal, and local laws, the City Manager proclaimed a state of emergency exists in the City of Janesville because of certain health crises, dangers, and other conditions arising including, but not limited to, an imminent threat of a disaster that impairs transportation, food or fuel supplies; medical care, fire, health, or police protection; and/or other critical systems of and/or within the City of Janesville, a local unit of government, all in accord with Wisconsin Statute Section 323.11; and WHEREAS, the City Manager's Proclamation, its findings, and legal empowerments are reiterated and incorporated into this Resolution by reference as if fully set verbatim; and WHEREAS, pursuant to Wisconsin Statute Sections 323.11, 323.14, 323.14(4)(a) and (b), and 323,15; Janesville General Ordinance Sections 2-410 to 2-415; other applicable provisions of state, federal, and local laws; and otherwise in accord with the same laws and facts as set forth in the City Manager's Proclamation of Emergency, the Common Council hereby find the similar public health emergency exists within the City of Janesville; and WHEREAS, the Common Council are empowered to respond to and to take actions against such disaster, threatened disaster, and/or public health emergency that threaten or impair transportation, food or fuel supplies, medical care, fire, health, or police protection, or other critical systems of this local unit of government, pursuant to Wisconsin Constitution Article XI, Section 3, Home Rule provisions; Wisconsin Statute Sections 66.0101, 64.09, 64.11, 62.11(5), 66.0301, 323.11, 323.14, 323 15, and other related state statutes; Janesville General Ordinance Sections 2-410 to 2-415; and other pertinent provisions of federal, state, and local laws; and WHEREAS, the Common Council hereby find that it was and is in the best interests of the City to declare this state of emergency; and WHEREAS, the Common Council is empowered to act, decide, and issue such orders during such state of emergency that address the emergency, and to safeguard and protect human life, health, property, safety, and good order of its residents, businesses, guests, and public and private properties; and WHEREAS, the Common Council find that it is necessary for, and in the best interests of, the residents, guests, businesses, and property owners and their health, safety, welfare, peace, tranquility, protection, and good order to adopt this Resolution, its findings, and declaration of emergency for and in the City of Janesville NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that: 1. Each and every above recital is reiterated and incorporated herein as if fully set forth verbatim; and 2. An emergency is hereby declared within the City of Janesville, effective at 1:00 p.m. CDT on Wednesday, March 25, 2020; and 3. The period of the state of emergency shall be limited to the time during which the emergency conditions exist or are likely to exist; or at such other time as otherwise determined and declared by the Common Council to be no longer in force or effect; and 4. The City Manager's Proclamation of Emergency, its findings, citations, orders, and directives are hereby ratified and affirmed, and shall remain in full force and effect until the emergency is no longer in force or effect; and BE IT FURTHER RESOLVED, that the Common Council hereby modify the City Manager's Proclamation of Emergency as follows: ; and BE IT FURTHER RESOLVED, that the Common Council hereby add to the City Manager's Proclamation of emergency as follows: ; and See also attached pages hereto, if any, which are also incorporated herein as if fully set forth verbatim and are a part of this document, resolution, and order; and BE IT FURTHER RESOLVED, that whoever intentionally fails to comply with this Resolution and/or the City Manager's Proclamation and/or of any order or directive promulgated thereunder shall be punished by monetary forfeiture in the amount of no more than $200.00 together with costs and penalty assessments as permitted by Wisconsin Statute Section 323.28 for every violation; and and/or in accordance with the penalty provision of any Janesville General Ordinance violation that may have occurred. BE IT FURTHER RESOLVED, that the City Manager and his designee(s), on behalf of the City of Janesville, is/are hereby fully authorized and empowered to continue to take such actions, make such decisions, and issue such directions and orders as he or his designee, from time to time and at any time, may find necessary and/or desirable to effectuate the intent of this Resolution during said emergency; and may do so without the prior authorization or subsequent ratification of the Common Council. ADOPTED: March 31, 2020 Motion by: Benson Second by: Conley APPROVED: Councilmember Aye Nay Pass Absent st Benson X Conley X Mark Fr Stag, City Manager Farrell X Gruber X ATT Marklein X Williams X Wolfe X , avid T. Godek, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: City Attorney's Office Prepared by: Wald Klimczyk, City Attorney J:City Attorney/Word/Shared/Resolution of Emergency 03252020