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