{"id":"WV-083","kind":"order","level":"city","jurisdiction":"City of Morgantown","state":"WV","metro":"","industry":"","agency":"","eco":"","issuer":"Morgantown City Council","authority":"W. Va. Code 8-12-5 paragraphs 23, 40 and 44; 8-11-3(d) (emergency ordinances); 8-11-2 (delegation)","instrument":"Emergency Ordinance No. 2020-5","title":"An Emergency Ordinance continuing the State of Emergency and authorizing public health measures to prevent harm to the public during the COVID-19 pandemic: City Manager authorized to limit gatherings and restrict bars and bar areas; penalties","dateIssued":"2020-09-01","effective":"2020-09-01 (upon adoption; filed Sept. 2, 2020)","end":"Lapsed Dec. 15, 2020 by its own terms","startDate":"2020-09-01","endDate":"2020-12-15","quarters":["2020Q3","2020Q4"],"types":["GATH","ALC","CAP","EMER"],"addressees":["all persons within the City of Morgantown","bars and bar areas of restaurants and hotels","the City Manager"],"clause":"Article II. Limitations on gatherings; operation of bar areas. SECTION 1. LIMITATIONS ON GATHERINGS. The City Manager may order limitations on gatherings consistent with provisions of the Executive Orders of the Governor or of any order of the Monongalia County Board of Health or Monongalia County Health Officer. SECTION 2. OCCUPANCY OF BAR AREAS. The City Manager may order restrictions on the operation of bars and bar areas of restaurants and hotels consistent with provisions of the Executive Orders of the Governor or of any order of the Monongalia County Board of Health or Monongalia County Health Officer. SECTION 3. The City Manager is authorized... to impose such other gathering size limits, including limitations on certain gatherings deemed to create a hazard to public health, and clarifications or limitations on occupancy in restaurants and bars, as are necessary to protect the public health, safety, and welfare. SECTION 4. PENALTY. Any violation of the City Manager\u0027s order shall be deemed a public nuisance subject to summary abatement by the Chief of Police or other law enforcement officer. In addition, any violation shall be a misdemeanor punishable by a fine of up to five hundred (500) dollars. Each day a violation continues shall constitute a separate violation.... This ordinance shall be effective upon adoption and, except where expressly stated otherwise, shall lapse without further action on December 15, 2020.","enforcement":"Public nuisance subject to summary abatement; misdemeanor, fine up to $500 per day","functions":["GATH (the City\u0027s press release records a 25-person limit)","BA bars and bar areas","DR restaurants","FB hotel bar areas"],"notes":"Recitals record the City\u0027s earlier Emergency Ordinances 2020-1, -2 and -3 (state of emergency recognized and extended to Sept. 25 and Dec. 15, 2020) and the July 14, 2020 emergency ordinance authorizing public health measures (Morgantown press release of that date; those ordinances are not saved). The City\u0027s Sept. 2, 2020 release: the ordinance \u0027limits group gatherings to 25 people.\u0027","sourceUrl":"https://www.morgantownwv.gov/DocumentCenter/View/3488/Emergency-Ordinance-2020-5---COVID-19-Response-Gathering-Limits-and-Bars-01506045-2xA377B-003","snapshot":"","fileExists":true,"fileBytes":669612,"grade":"primary","character":"","description":"","collection":"WV","url":"/library/WV-083","exhibitUrl":"/exhibit/WV-083","citation":"Morgantown City Council, Emergency Ordinance No. 2020-5 (Sept. 1, 2020) (Ex. WV-083)","stateName":"West Virginia","related":["WV-043"]}