Chapter 12
ENFORCEMENT OF PUBLIC HEALTH ORDERS

Sections:

4-12.010    Purpose.

4-12.020    Definitions.

4-12.030    Violation of public health orders prohibited.

4-12.040    Enforcement.

4-12.050    Severability.

4-12.010 Purpose.

The purpose of this chapter is to establish that violation of public health orders is prohibited under this Code and constitutes an infraction and describes the enforcement methods to address such a violation.

(§ 1, Ord. 1409-20 (CM), eff. August 25, 2020)

4-12.020 Definitions.

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

(a)    “County Public Health Officer” shall mean the County Health Officer designated by the Santa Cruz County Board of Supervisors pursuant to Section 101000 of the California Health and Safety Code.

(b)    “Enforcement officer” shall mean any person or persons identified in Section 1-2.07.

(c)    “Public health order(s)” shall mean 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.

(§ 1, Ord. 1409-20 (CM), eff. August 25, 2020)

4-12.030 Violation of public health orders prohibited.

Violation of a public health order is unlawful and is hereby prohibited.

(§ 1, Ord. 1409-20 (CM), eff. August 25, 2020)

4-12.040 Enforcement.

(a)    Violation of this chapter is an infraction punishable as set forth in Section 1-2.01.

(b)    As an alternative enforcement measure, an enforcement officer may issue a person violating this chapter with an administrative citation pursuant to Article 1 of Chapter 1-2, commencing with Section 1-2.101. The procedures for issuing and appealing such citations, and the monetary penalties associated therewith, are those set forth in Article 1 of Chapter 1-2, the relevant portions of which are incorporated herein by reference. No warning notice as otherwise prescribed by Section 1-2.106 is required.

(§ 1, Ord. 1409-20 (CM), eff. August 25, 2020)

4-12.050 Severability.

If any provision of this chapter is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this chapter which can be implemented without the invalid provisions, and to this end, the provisions of this chapter are declared to be severable. The Council hereby declares that it would have adopted the ordinance codified in this chapter and each provision thereof irrespective of whether any one (1) or more provisions are found invalid, unconstitutional, or otherwise unenforceable.

(§ 1, Ord. 1409-20 (CM), eff. August 25, 2020)