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HomeMy WebLinkAbout5536 RESOLUTION NO. 5536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REGARDING ENFORCEMENT BY AUBURN POLICE OFFICERS OF THE FACE-COVERING REQUIREMENTS OF THE GOVERNOR'S PROCLAMATION NUMBER 20-60 AND THE SECRETARY OF HEALTH'S ORDER NUMBER 20-03 WHEREAS, like many areas of the state of Washington and across the country, the City of Auburn, Washington, (hereinafter the "City"), has had to face, and is still facing, a health emergency due to COVID-19, a respiratory disease that can result in serious illness or death, and is caused by the SARS-CoV-2 virus, which is a new strain of coronavirus not previously having been identified in humans and which can be easily spread from person to person; and WHEREAS, on January 21, 2020, the Washington State Department of Health (DOH) confirmed localized person-to-person spread of COVID-19 in Washington State, significantly increasing the risk of exposure and infection to the general public in Washington State and creating an extreme public health risk that may spread quickly; and WHEREAS, on January 31, 2020, the United States Department of Health and Human Services Secretary Alex Azar declared a public health emergency for COVID-19, beginning on January 27, 2020; and WHEREAS, on February 29, 2020, Washington State Governor Jay Inslee issued a proclamation declaring a State of Emergency in all counties of the state of Washington in response to new cases of COVID-19; and Resolution No. 5536 June 26, 2020 Page 1 WHEREAS, on June 24, 2020, Governor Inslee issued his Proclamation Number 20-60, referencing and incorporating in the Proclamation the Secretary of Health's Order Number 20-03, dated June 24, 2020, which Order mandated that"[e]very person in Washington State must wear a face-covering that covers their nose and mouth when in any indoor or outdoor public setting," except as provided in said Order; and, WHEREAS, the Secretary of Health's Order Number 20-03 also provided that "[m]embers of the public are required by law to comply with this Order, and violators may be subject to criminal penalties pursuant to RCW 43.70.130(7), RCW 70.05.120(4), and WAC 246-100-070(3)"; and, WHEREAS, with the finite resources of the Auburn Police Department, it is appropriate for the City of Auburn to address how enforcement of the face- covering requirements of the Secretary of Health's Order Number 20-03 should be handled by the Police Department if Auburn Police officers are confronted with potential violations of the Order. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section '1. Advice and Encouragement. It is the policy of the City of Auburn that law enforcement officers of the Auburn Police Department who may encounter potential violations of the face-covering requirements of the Secretary of Health's Order Number 20-03 should approach such potential violations with Resolution No. 5536 June 26, 2020 Page 2 advice to potential violators about the face-covering requirements, and with encouragement for compliance therewith.Actions by the law enforcement officers shall not go beyond such advice and encouragement, unless there are other exigent circumstances posing immediate risk of harm to persons or property or there are other factors indicating a need for police intervention. Section 2. Administrative_ Procedures. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this 6th day of July, 2020. CITY OF AUBURN rf .G ANCY :'..• US, MA OR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk .Kendra Comeau, City Attorney Resolution No. 5536 June 26, 2020 Page 3