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Ex. WV-083 Order Primary source read

Emergency Ordinance No. 2020-5

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

Morgantown City Council · City of Morgantown (City)

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The COVID Project

The record

Jurisdiction
City of Morgantown · West Virginia
Level
City
Authority
W. Va. Code 8-12-5 paragraphs 23, 40 and 44; 8-11-3(d) (emergency ordinances); 8-11-2 (delegation)
Issued
2020-09-01 Sept. 1, 2020
Effective
2020-09-01 (upon adoption; filed Sept. 2, 2020) (read as 2020-09-01)
End
Lapsed Dec. 15, 2020 by its own terms (read as 2020-12-15)
In force
Sept. 1, 2020 to Dec. 15, 2020
Quarters
2020 Q32020 Q4
Limitation types
Emergency declarationCapacity limitGathering capAlcohol and bars
Addressees
  • all persons within the City of Morgantown
  • bars and bar areas of restaurants and hotels
  • the City Manager
Functions reached
  • GATH (the City's press release records a 25-person limit)
  • BA bars and bar areas
  • DR restaurants
  • FB hotel bar areas
Collection
West Virginia WV

Operative words

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's 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

Notes

Recitals record the City's 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's Sept. 2, 2020 release: the ordinance 'limits group gatherings to 25 people.'

Retrieval note

Read by OCR from the City's live Document Center. First reading Aug. 18, 2020; adopted Sept. 1, 2020; filed Sept. 2, 2020.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.