Chapter 7.109


7.109.010    Purpose.

7.109.020    Definitions.

7.109.030    Violation of public health orders prohibited.

7.109.040    Enforcement.

7.109.050    Severability.

7.109.010 Purpose.

The purpose of this chapter is to establish that violation of public health orders is prohibited under the County Code and constitutes an infraction. The purpose of this chapter is to also detail the enforcement methods that may be utilized to address such a violation. [Ord. 5340 § 1, 2020].

7.109.020 Definitions.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section.

(A)    “County Public Health Officer” means the County Health Officer designated by the Board of Supervisors pursuant to Health and Safety Code section 101000.

(B)    “Enforcement Officer” means the following officers or employees or their designated assistants or deputies:

(1)    The Sheriff, and any other law enforcement officer authorized to enforce the California Penal Code and the County Code in the unincorporated area of the County of Santa Cruz;

(2)    The County Public Health Officer;

(3)    The Director of the County’s Health Services Agency;

(4)    The County Administrative Officer;

(5)    Any Code Compliance Officer responsible for enforcing the County Code; and

(6)    The Director of the Environmental Health Division of the County’s Health Services Agency;

(C)    “Public Health Order(s)” means any order issued by the County Public Health Officer under authority granted by State law, any order issued by the State Public Health Officer, any state guidance and directives issued by the State Public Health Officer containing mandatory, binding, or enforceable obligations applicable to the public, or any site-specific or industry-specific protocols mandated as a part of such orders. [Ord. 5340 § 1, 2020].

7.109.030 Violation of public health orders prohibited.

Violation of a Public Health Order is unlawful and is hereby prohibited. [Ord. 5340 § 1, 2020].

7.109.040 Enforcement.

(A)    Violation of this chapter constitutes an infraction punishable as set forth in Chapter 1.12 SCCC.

(B)    As an alternative enforcement measure, an Enforcement Officer may issue a person violating this chapter with an administrative citation pursuant to Chapter 1.13 SCCC. The procedures for issuing and appealing such citations, and the monetary penalties associated therewith, are those set forth in Chapter 1.13 SCCC, the relevant portions of which are incorporated herein by reference. [Ord. 5340 § 1, 2020].

7.109.050 Severability.

If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this ordinance which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable. The Board of Supervisors hereby declares that it would have adopted this ordinance and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional, or otherwise unenforceable. [Ord. 5340 § 1, 2020].