You are on page 1of 3
URGENCY ORDINANCE NO, 5066 AN URGENCY ORDINANCE OF THE CITY OF EL CAJON, IMPLEMENTING A PROHIBITION ON FOOD SHARING AND DISTRIBUTION SERVICES AND EVENTS IN THE CITY OF EL CAJON WHEREAS, the City of El Cajon (‘City’) has adopted an ordinance providing for the enactment of such ordinances as are necessary to implement plans in response to an emergency in Chapter 8.08 of the El Cajon Municipal Code ("Municipal Code"); and WHEREAS, Chapter 8.08 of the Municipal Code defines "emergency" to include an epidemic; and WHEREAS, on September 1, 2017, the San Diego County public health officer declared a local public health emergency due to ongoing outbreak of the Hepatitis A virus, in particular among the homeless population in the County; and WHEREAS, the zip code map indicating confirmed cases of the virus published in a report by the County Health & Human Services Agency ("HHS") shows that the 92020 zip code, encompassing most of the City of El Cajon, has 2 confiraed cases; the second highest incidence of cases after downtown San lego; an WHEREAS, the same HHS report also states the virus is spread person- to-person and the majority of the people who have contracted Hepatitis A during this outbreak have been homeless and/or illicit drug users; and WHEREAS, individuals and organizations currently engage in. the distribution of food to the homeless in public areas in the City of El Cajon without having obtained permits and which are not operating under regulations that control the manner in which food is prepared, stored, transported, of served; and WHEREAS, City of El Cajon departments have been repeatedly called to address public health, safety and welfare, as well as to clean up litter, trash and other debris left over from these food sharing events; and WHEREAS, the City Council finds that an urgency ordinance adopted in accordance with California Government Code section 36934 is necessary to protect the public health, safety and welfare where unregulated food services are ing provided to the homeless by individuals and organizations, who may be inadvertently furthering the sprea of the Hepatitis A virus in El’ Cajon in City parks, which are highly populated by the general public and are located in neighborhoods that may be impacted by such services and events, all to the detriment of the public health, safety or welfare, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CAJON DOES ORDAIN AS FOLLOWS: SECTION 1; The City of El Cajon has an overriding interest in the health and safety of its citizens, and the overall quality of life for persons residing in, doing business, in, or visting the City. If the indivduals and organizations conducting food sharing services and events are allowed to continue to do so, public heaith, safety and quality of life would quickly deteriorate, with detrimentai consequences to the health ofall persons using the Citys public parks and living in nearby neighborhoods, It is the intent of the City Council to assure that the ne is maintained in such a manner as to provide its residents and businesses safe and healthy public spaces. SECTION 2: The purpose of this ordinance is to protect, public health, safety and welfare of all users. in oty parks due to a countywide local public health emergency and a recently declared countywide state of emergency by prohibiting any persons or organizations from sponsoring, promoting or engaging in food sharing events on City owned property until the public health emergency is lifted by the County of San Diego SECTION 3: This ordinance is adopted as an urgency measure and is for the immediate preservation of the public peace, health, welfare and safety of residents and businesses in El Cajon, as described in Section 1, above. As such it is necessary and appropriate. It would be detrimental to the City if, during the period of this outbreak, parties seeking to engage in food sharing events should continue to do so which might further the spread of the Hepatitis A virus. SECTION 4: For purposes of this ordinance "Food sharing event" means a non-social gathering that is planned, organized, promoted or advertised where food is distributed or offered for charitable purposes at no cost or for a nominal charge to any member of the public. SECTION 5: For purposes of this ordinance "Food sharing event" does not mean social gatherings such as family reunions, birthday parties, baptisms, youth sport team celebrations, school field trips, wedding anniversaries and similar events. SECTION 6: The City Council of the Cty of El Cajon hereby dectares that should any section, paragraph, sentence, phrase, term or word of this Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City Counci that it would have, adopted all other portions of this Ordinance irrespective of any such portioned declared invalid, SECTION 7: This ordinance shall take effect immediately upon passage by a 4/Sths vote of the City Council, and in accordance with Government Code section 36934, the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once within fifteen (15) days after its adoption. PASSED AND ADOPTED by the City Council of the City of El Cajon, California, at a Regular Joint City Council/Housing Authority/Successor Agency to the El Cajon Redevelopment Agency Meeting held this 24" day of October 2017, by the following vote to wit AYES Goble, Kalasho, Kendrick, McClellan, Wells NOES ‘ None ABSENT: None DISQUALIFY: None Bill Wells, Mayor of the City of El Cajon Page 2 of 3, Ordinance No. 5068 ATTEST: DARYLA. BETANCUR, MPA, MMG City Clerk | hereby certify that the above and foregoing is a full and true copy of Ordinance No. 5066 of the Ordinances of the City of El Cajon, California, as adopted by the City Council at the Regular Joint Meeting of the City CouncilfHousing Authority/Successor Agency to the El Cajon Redevelopment Agency on the 24” day of October 2017. ho. Lor. Daryl A: Betar Giz, MPASING, Cily Clerk 10124117 (em 12.1) ~1" Reading and Adoption Page 3 of 3, Ordinance No. 5066