HomeMy WebLinkAbout5526 RESOLUTION NO. 5526
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RATIFYING AND CONFIRMING
EMERGENCY PROCLAMATION 2020-06 AND THE CIVIL
ORDER IMPOSING CURFEWS, AND EXTENDING THE
TERM OF THE CURFEW ORDER
WHEREAS, on May 31, 2020, the Mayor of the City Council of the City of Auburn
issued Emergency Proclamation 2020-06 declaring a civil emergency relating to looting
activities, vandalism, and destruction of property, a copy of which is attached hereto as
Exhibit A and incorporated herein by this reference; and
WHEREAS, in connection therewith, the Mayor of the City of Auburn issued a Civil
Emergency Order imposing a curfew, a copy of which is attached hereto as Exhibit B and
incorporated herein by this reference; and
WHEREAS, pursuant to Auburn City Code sections 2.75.070 and 9.04.030, the
Proclamation and Order are to be ratified by the City Council at the soonest opportunity,
and the City Council has authority to extend the Proclamation and Order for additional
time periods as deemed necessary and appropriate by resolution; and
WHEREAS, pursuant to City Code, the Proclamation would typically terminate 48
hours from issuance or upon the determination that the emergency no longer exists,
provided that the City Council may, by Resolution extend such Proclamations and Orders;
and
WHEREAS, the City Council concurs with the Proclamation issued by the Auburn
City Mayor and concurs with the need for the curfew, but determines that the emergency
Resolution No. 5526
June 1, 2020
Page 1 of 2 Rev. 2019
continues to exist and the term of the emergency needs to be extended until June 6,
2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. Proclamation 2020-06 issued by the Auburn City Mayor on May 31,
2020, is hereby ratified and confirmed.
Section 2. The May 31, 2020, order establishing a curfew is also ratified and
confirmed, as modified in the Order attached hereto as Exhibit C, and shall continue as
stated unless otherwise hereinafter amended.
Section 3. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 4. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: = ... ,
CITY OF AUBURN
ANCY US, R
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Resolution No. 5526
June 1, 2020
Page 2 of 2 Rev.2019
*
CITY OF .
AUBURN Nancy Backus,Mayor
WASHINGTON 25 West Main Street* Auburn WA 98001-4998*www.aubumwa.gov* 253-931-3000
EMERGENCY PROCLAMATION 2020-06
A PROCLAMATION OF CIVIL EMERGENCY
RELATED TO LOOTING ACTIVITIES, VANDALISM,
AND DESTRUCTION OF PROPERTY
WHEREAS, the Revised Code of Washington (RCW) Chapter 38.52 authorizes the
Mayor to exercise emergency powers;and
WHEREAS, Auburn City Code Section 2.75.070 empowers the Mayor to proclaim a
state of emergency whenever riots, unlawful assembly, insurrection, or other
disturbance, including the imminent threat thereof, results in or threatens to result in,
the death or injury of persons or the destruction of property; and
WHEREAS, the killing of George Floyd by a police officer in Minneapolis on May
25, 2020, has generated anger and outrage across the United States, resulting in mass
demonstrations;
WHEREAS, the City of Auburn supports the peoples' right to lawful assembly
guaranteed by the Constitution of the United States of America and the Constitution of
the State of Washington. Due to the current State of Emergency and the Governor's
Stay Home Stay Healthy Order, the City was unable to issue a parade and/or
demonstration permits to groups who wished to lawfully assemble to voice their
Proclamation 2020-06
May 31,2020
Page 1 of 3
opinions, and plans to escort parades and otherwise assist in the safe and lawful right
of speech and assembly; and
WHEREAS, the City regularly facilitates and supports unpermitted demonstrations
and events to ensure public safety while preserving free speech and assembly; and
WHEREAS, the City recognizes that parades and demonstrations which will travel
upon public streets and sidewalks, will disrupt and impair pedestrians, motorists and
transit, and the City recognizes that some disruption is part of the rights of free speech
and lawful assembly which the City will safeguard; and
WHEREAS, in cities across the country, including Seattle, Atlanta, Phoenix, New
York, Houston, San Jose, Los Angeles, Dallas, Portland, and Minneapolis,
demonstrations over the killing of George Floyd have turned violent and led to
property destruction, injuries to demonstrators, significant uses of force by police, and
injuries to both demonstrators and police officers; and
WHEREAS, in Detroit, MI, on May 28, 2020, a 19-year old man was killed by
gunfire at a related demonstration; and
WHEREAS, in many cities, including Seattle, Minneapolis, St. Paul, Louisville,
Milwaukee, Columbus, Atlanta, Portland, Cincinnati, and Denver declared states of
emergency and established mandatory curfews; and
WHEREAS, the National Guard has been mobilized in Minnesota, Georgia, Oregon,
and Washington; and
WHEREAS, the protests and demonstrations have also led to looting activities,
vandalism, and the destruction of property in the Seattle area and include a threat to
Proclamation 2020-06
May 31,2020
Page 2 of 3
continue such activities in Auburn; and
WHEREAS,the presence of large numbers in a limited space combined with the clear
and present, and escalating, threat of violence, presents an unacceptably high risk of
serious injury to innocent people including lawful protesters and police, as well as the
significant potential for property damage to businesses and other structures in the City
of Auburn; and
WHEREAS, these events are rapidly evolving and police responses are escalating
even during the drafting of this order and the ability of the police to effectively control
the situation is rapidly being compromised;
NOW THEREFORE I, Nancy Backus, Mayor of the City of Auburn,
Proclaim as follows:
Section 1. As authorized by ACC 2.75.070, I do hereby proclaim and
declare an emergency within the City of Auburn and said local emergency shall be
deemed to continue to exist until its termination is proclaimed by the Mayor of the
City of Auburn.
Section 2. As soon as practicable I will advise and consult with the City
Council with respect to all actions taken under the authority of this Proclamation.
Dated and signed: Mt 3I
CITY OF AUBURN
A CY CKUS, MAYOR
Proclamation 2020-06
May 31,2020
Page 3 of 3
CITY OF AUBURN
CIVIL EMERGENCY ORDER
IMPOSING A CURFEW
WHEREAS, in my capacity as Mayor of the City of Auburn, I proclaim a civil emergency exists in
the City of Auburn a in a Proclamation of Civil Emergency dated May 31, 2020; and
WHEREAS, the acts stated in my Proclamation of Civil Emergency still exist as this Order is being
issued; and
WHEREAS, it is necessary to use extraordinary measures to protect the public health, safety
and welfare; and
WHEREAS, the civil emergency necessitates the utilization of emergency powers granted to the
Mayor pursuant to Auburn City Code Chapter 2.75 and Chapter 38.52 RCW, including the power
to enact a general curfew as set forth in Auburn City Code, Chapter 2.75; and
WHEREAS, a curfew is necessary to ensure public safety and to protect property.
NOW, THEREFORE, the undersigned Mayor of the City of Auburn, Washington hereby orders:
1. A general curfew is imposed within the City of Auburn commencing at 11:00 p.m. on
May 31, 2020. No person shall enter or remain in the public right-of-way, or in the
public parks, or at any other public place within the limits of the City of Auburn. The
general curfew shall continue until 7:00 a.m. on June 1, 2020, and shall be enforced by
the Auburn Police Department, other law enforcement agencies and the military.
2. The general curfew shall not apply to law enforcement personnel who are actively
engaging in carrying out their duties; military personnel who are actively engaged in
providing assistance to the City pursuant to the Proclamation of the Mayor; emergency
personnel and other City and government personnel who are actively engaged in
carrying out their duties; City and governmental officials with valid identification;
representatives of the media authorized in advance by the City Administrator's Office or
the Chief of Auburn Police or his designee. For purposes of this Order, the phrase
"actively engaged in carrying out their duties" includes traveling to and from the
location of those duties to begin or end a work shift.
3. Any person found to have knowingly violated this Civil Emergency Order is guilty of a
gross misdemeanor for Failure to Obey the Mayor's Emergency Order, and upon
conviction may be punished by a fine or by imprisonment, or both such fine and
imprisonment pursuant to Auburn City Code 2.75.070 and 9.04.040.
4. This Civil Emergency Order shall, at the earliest practicable time, be presented to the
City Council for ratification and confirmation, and if not so ratified and confirmed shall
be void.
Dated this 31st day of May 2020 at 10:45 p.m.
A •._. _ 0.. ,
Nancy B, c • s
Mayor of - City of Auburn
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CITY OF AUBURN
AMENDED CIVIL EMERGENCY ORDER
IMPOSING A CURFEW
WHEREAS, in my capacity as Mayor of the City of Auburn, Washington, I proclaimed a civil
emergency exists in the City of Auburn in a Proclamation of Civil Emergency dated May 31, 2020;
and
WHEREAS,the acts stated in my Proclamation of Civil Emergency still exist as this Order is being
issued; and
WHEREAS, it is necessary to use extraordinary measures to protect the public health, safety and
welfare; and
WHEREAS, the civil emergency necessitates the utilization of emergency powers granted to the
Mayor pursuant to Auburn City Code Chapter 2.75 and RCW Chapter 38.52, including the power
to enact a general curfew as set forth in Chapter 2.75 of the Auburn City Code.
WHEREAS, a curfew is necessary to ensure public safety and to protect property.
NOW,THEREFORE, the undersigned Mayor of the City of Auburn, Washington hereby orders:
1. A general curfew is imposed within the City of Auburn between the hours of at 9:00 p.m.
and 5:00 a.m. commencing on June 1, 2020, continuing until 5:00 a.m. on June 6, 2020,
with the extension beyond the initial 48 hours being subject to confirmation and
ratification by the City Council. No person shall enter or remain in the public right-of-way,
or in the public parks, or at any other public place within the limits of the City of Auburn
between the hours of 9:00 p.m. and 5:00 a.m. during the term of this general curfew,
except as provided hereinbelow. The general curfew shall be enforced by the Auburn
Police Department, other law enforcement agencies and the military.
This Order replaces and supersedes the CIVIL EMERGENCY ORDER IMPOSING A CURFEW
issues by Auburn Mayor Nancy Backus dated May 31, 2020.
2. The general curfew shall not apply to law enforcement personnel who are actively
engaging in carrying out their duties; military personnel who are actively engaged in
providing assistance to the City pursuant to the Proclamation of the Mayor; emergency
personnel and other City and government personnel who are actively engaged in carrying
out their duties; City and governmental officials with valid identification; representatives
of the media authorized in advance by the Mayor's Office or the Chief of Auburn Police
or designee. For purposes of this Order,the phrase "actively engaged in carrying out their
duties" includes traveling to and from the location of those duties to begin or end a work
shift.
3. Any person found to have knowingly violated this Civil Emergency Order is guilty of a gross
misdemeanor for Failure to Obey the Mayor's Emergency Order,and upon conviction may
be punished by a fine or by imprisonment, or both such fine and imprisonment pursuant
to Auburn City Code 2.75.070 and 9.04.040.
4. This Civil Emergency Order shall, as amended, is being presented to the City Council for
ratification and confirmation.
Dated this 1St day of June, 2020 at 12.E p.m.
/..► 1110A
Nancy • kus
Mayor o7; e City of Auburn