2020-11ORDINANCE NO.2020-11
AN EMERGENCY ORDINANCE AMENDING CHAPTER 82 (STREETS,
SIDEWALKS AND OTHER PUBLIC PLACES), ARTICLE I (IN GENERAL), TO ADD
A NEW SECTION GRANTING CERTAIN POWERS TO THE CITY MANAGER
RELATING TO TEMPORARY STREET AND PUBLIC RIGHT OF WAY CLOSINGS
WHEREAS, on March I2, 2020, Governor Ralph S. Northam issued Executive Order
Fifty -One declaring a state of emergency for the Commonwealth of Virginia arising from the
novel Coronavirus (COVID-19) pandemic; and
WHEREAS, Executive Order Fifty -One acknowledged the existence of a public health
emergency which constitutes a disaster as defined by Virginia Code § 44-146.16 arising from the
public health threat presented by a communicable disease anticipated to spread; and
WHEREAS, Executive Order Fifty -One ordered implementation of the Commonwealth
of Virginia Emergency Operations Plan, activation of the Virginia Emergency Operations Center
to provide assistance to local governments, and authorization for executive branch agencies to
waive "any state requirement or regulation" as appropriate; and
WHEREAS, on March 13, 2020, the President of the United States declared a national
emergency, beginning March 1, 2020, in response to the spread ofCOVID-19; and
WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-
19 outbreak a pandemic; and
WHEREAS, on March 16, 2020, effective at 10:00 a.m. and extending through June
10, 2020, at 12:01 a.m. (the "Emergency Period"), the City Manager, in his capacity of
Director of Emergency Management, issued a Declaration of Local Emergency — COVID-19
(the "City Declaration") applicable throughout the entire City of Fairfax, Virginia (the
"City"), pursuant to authority granted pursuant to City Code § 33-11, and Virgina Code §§
44-146.21 and 15.2-1413, which City Declaration was unanimously consented to by the City
Council on March 17, 2020, pursuant to City Resolution No. R-20-07, as required by
applicable law; and
WHEREAS, the Governor, by and through his Executive Orders, specifically
Executive Orders 61 and 62, has modified the previous suspension of certain business activity
to permit limited business activity; and
WHEREAS, this emergency ordinance is deemed to be a reasonable and temporary
method to assist City businesses to operate consistent with the Governor's Executive Orders
and to assist with reducing the adverse economic impact of the COVID-19 pandemic.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Fairfax,
Virginia, that Chapter 82, Article I of the Code of the City of Fairfax, Virginia, be and the same
is amended to add thereto a new Section 82-3, to read in its entirety as follows:
"See. 82-3. — Temporary Street/Public Right -of -Way Closings.
(a) Notwithstanding anything else in this article to the contrary, but subject to
the provisions of this section, the city manager or his designee may close
all, or any portion of, any city public right-of-way to public use and/or
travel to permit the temporary use of such city public right-of-way for
other than public purposes.
(b) Prior to closing any city public right-of-way, the city manager shall
determine that such temporary closure is warranted and necessary, that it
does not unduly interfere with the public convenience and safety, that it is
required due to the nature of the contemplated temporary use, and that
adequate provisions are, or will be, in place to adequately ensure the
detour of through traffic, particularly in the case of any city public right-
of-way that is a part of the state highway system.
(c) Any such temporary use shall be pursuant to a written permit issued by
the city manager or his designee. Application for such temporary use
permit shall be made in writing to the city and a fee for such temporary
use and permit may be charged by the city. Such permit, when issued,
shall set forth the specific location(s) and the use(s) approved for the
termporary use, together with its duration, which shall in no event exceed
thirty (30) total days unless the permit is extended or reissued. The city
manager is authorized to promulgate rules and regulations pertaining to
such permits and to the temporary use authorized thereby, specifically
including, but not limited to, reasonable time, place and manner
restrictions. In addition, such permit may be conditioned upon the
permittee(s) furnishing evidence of appropriate public liability and
property damage insurance coverage insuring the liability of such
permitee(s) for any personal injury or death, and for property damage,
resulting from such temporary use in such amount as may be determined
by the city. The city shall be named as an additional insured on any such
insurance contract. Further, the pennittee(s) shall be liable for damages
to persons or property arising out of or on account of such permitted
temporary use.
(d) Any permittee(s) shall further comply with applicable permit and use
requirements imposed by the city and the Commonwealth and any other
reasonable conditions that are deemed necessary by the city manager or
his designee to protect the public health, safety and general welfare and
which are included in such permit, either directly or by reference therein.
(e) Failure by any permittee(s) to fully and completely comply with any and
all requirements of such permit, or any applicable city ordinances,
regulations or directives, whether or not in place at the time of permit
issuance, may be grounds for the city manager to immediately revoke
such permit or further condition the same.
(f) Any resident or owner of a business located within the city may appeal
the issuance of any permit issued pursuant to this section, within five (5)
days following the issuance of the same. Such appeal shall be in writing
and the city manager shall render a final decision on any such appeal
within five (5) days following receipt of the same. The city manager's
decision on any such appeal shall be final and not subject to any further
administrative appeal."
An emergency is deemed to exist and this ordinance shall be effective upon its adoption.
INTRODUCED: May 26, 2020
PUBLIC HEARING: May 26, 2020
ADOPTED: May 26, 2020
ATTEST:
City Clerk
VOTE:
Councilmember DeMarco
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Passey
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye
Mayor
6le-11'Zo
Date