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Emergency Order 2020-18 Allowing Additional Types of Businesses to Expand Outdoor SeatingEmergency Order 2020-18 CITY OF BOULDER ORDER RELATED TO DECLARATION OF LOCAL DISASTER EMERGENCY A disaster emergency was declared by the city manager on March 14, 2020. The city council confirmed and extended the emergency declaration until further notice at the March 16, 2020 special council meeting. Pursuant to Section 2-2.5-7, “Powers,” B.R.C. 1981, the city manager finds a need to issue this order in order to protect the health, safety and welfare of persons or property within the city or to otherwise preserve the public peace or abate, clean up or mitigate the effects of any disaster emergency. On May 26, 2020, the city manager approved an emergency order to allow restaurants to utilize public rights-of-way and private property in order to operate outdoors and create safe distances between patrons and staff members. There is an interest in allowing other commercial uses to operate in an equivalent manner within public rights-of-way and on private property to ensure equitable use of public land and ensure public safety in the reopening of businesses. In addition, there is an identified need for the establishment of waiting areas and areas used for wellness checks outside of businesses. The identified uses appropriate for temporary outdoor expansion are commercial uses that include retail sales, accessory sales, convenience retail sales, personal service uses, office uses (all types), indoor amusement establishments, museums, small theatres or rehearsal spaces, nonprofit membership clubs, religious assemblies, adult education facilities, vocational and trade schools, indoor recreational or athletic facilities and animal hospital or veterinary clinics as defined in Title 9, B.R.C. 1981. These businesses provide important services to the community and are essential to the well- being of residents and visitors. They are also important employers and contributors to the local economy. The city finds that it is reasonable and prudent to allow these uses to temporarily expand outdoors. In order to ensure equity in the use of public and private spaces and to meet the distancing requirements, the city will allow the use of public rights-of-way to be used for uses described above, subject to the provisions of Chapter 8-6, B.R.C. 1981, for revocable permits. Also, this order will allow the uses identified above to use private property, including yards within setback areas and parking lots, subject to terms and conditions that are necessary to protect the public health, safety and welfare. Subsection 2-2.5-7(r), “Powers,” B.R.C. 1981, authorizes the city manager to “suspend or modify provisions of any ordinance if strict compliance with such ordinance would prevent, hinder, or delay action that is necessary to cope with any disaster emergency.” To assist commercial uses in reopening, certain land use regulations, right-of-way regulations, or fee provisions may need to be suspended or modified to facilitate the reopening of these businesses. I find that the operation of the businesses identified above is important to the local community and economy and the inability to operate safely presents an imminent threat to life, health, safety and welfare of persons in our community. Accordingly, effective immediately the city manager may suspend or modify any provision within the Boulder Revised Code, 1981, or condition of a land use approval that will allow the issuance of a revocable right-of-way permit for use of the public areas within the public right-of-way for the uses identified above. For the purposes of this order, these commercial uses may utilize private property that would otherwise not be eligible for use for outdoor operations. The city manager will issue revocable permits to use the right-of-way or permission to use private property subject to the following: 1. The outdoor area for the commercial use is approved as part of a revocable right-of-way permit or land use permit. 2. Use of the outdoor areas will not create an imminent threat to the public health, safety and welfare. 3. Request for the approval will be done on forms approved by the city manager and will include any terms and conditions for the permit. Permits will be issued for use. The consent of any person that could be directly adversely impacted will be required for the application. Examples of persons that could be directly adversely affected include, without limitation, a landlord that owns a parking lot that is used by businesses in common or tenants of a ground floor business if a use expands in front of its business in the right-of-way. 4. In issuing permits, the city manager will balance the needs of the commercial uses to have an economically viable use during this emergency with needs of surrounding property owners, and the general public health, safety and welfare. 5. Factors that are included in the public health, safety and welfare include without limitation: a. Access to utility infrastructure, including manholes, storm water inlets, drain pans, water, wastewater, stormwater mains, water meters fire hydrants and building fire connections, communications, gas and electric equipment; b. Adequate access through the area by the public, including consideration of access to the area by emergency service providers; c. The health and convenience of the business, employees, customers and the residents and visitors to the surrounding areas; d. The term of the permit and hours of operation; and e. Offsite impacts to other residents and businesses in the area. 6. The city manager will designate areas within the public right-of-way for outdoor areas, including without limitation areas within closed streets, parklets and sidewalks. 7. All outdoor commercial areas shall be operated in a manner that complies with all state and local health orders related to the response and recovery from the COVID-19 emergency. This order is effective until September 30, 2020, unless further amended or modified. This order is necessary to allow for the safe reopening of commercial uses in an equitable manner and to prevent the assembly of large groups of people, which will present a risk of infection during the disaster emergency. Once issued, this order may be changed from time to time during the period of a declared disaster emergency based upon the discretion of the city manager. _____________________________________________________________ Enforcement: Pursuant to Section 2-2.5-8, “Adherence to Emergency Orders,” B.R.C. 1981, Police, code enforcement and such other law enforcement and peace officers as may be authorized by the city manager shall be authorized to enforce the orders, rules and regulations made or issued pursuant a declared disaster emergency. Further, no person shall violate this order, or any permit is issued pursuant to this order. Any such violation may result in the revocation of any such permit. Notice: All members of the public shall be deemed to have been given notice of the restrictions contained within a declaration upon its dissemination to the news media or publication on city websites or by use of other means of publicity. Violation of Order: During the period of a declared disaster emergency, a person shall not: (1) Violate any of the orders duly issued by the city manager or designee pursuant to such declaration; or (2) Willfully obstruct, hinder or delay any duly authorized city officer, employee or volunteer in the enforcement or exercise of the provisions of this chapter, or of the undertaking of any activity pursuant to this chapter. DATE: ________________ 2020, _________________ a.m./p.m. ___________________________________________ City Manager or other Authorized City Official as designated by Chapter 2-2.5, “Civil Emergencies and Disasters,” B.R.C. 1981. June 16 4:00 pm Jane S. Brautigam