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HomeMy WebLinkAboutExecutive Order No. 6-2020CITY OF SANTA ANA EXECUTIVE ORDER NO. 6-2020 AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY SERVICES FOR THE CITY OF SANTA ANA ORDERING A CURFEW BEGINNING AT 10:00PM SUNDAY, MAY 31, 2020 AND CONTINUING UNTIL MONDAY, JUNE 1, 2020 AT S:OOAM IN RESPONSE TO CIVIL UNREST RESULTING FROM PROTESTS SECTION 1. Findings. A. On May 25, 2020, George Floyd died while in the custody of officers of the Minneapolis Police Department. B. In response, to his death, an unprecedented amount of civil disturbance has emerged across the Country and in the Southern California region with mass protests, vandalism, looting and the damage and destruction of public and private property. C. The City of Santa Ana has often been the site of regional protests and recognizes and supports the right to peaceful protests as protected by the Constitution of the United States and the State of California. D. On the evening of Saturday, May 30, 2020 and into the early morning of Sunday, May 31, 2020, several hundred protestors gathered in Santa Ana with some throwing rocks, bottles and mortars and igniting fireworks in the direction of police officers. E. At the time noted above, public and private properties were vandalized and looting occurred during this civil unrest. F. Civil unrest constitutes a local emergency and whereas numerous cities in the Southern California area have imposed curfews to curb the civil unrest and because protestors are not complying with social distancing requirements to protect against the spread of COVID-19, it is proper and prudent for Santa Ana to similarly impose a curfew to protect the safety of life and property in Santa Ana and to implement proactive measures to reduce the possibility of civil disobedience, vandalism, looting, and rioting resulting in property damage and threats to the health and safety of the citizens. G. The Santa Ana City Council declared a local emergency related to COVID-19 and designated its City Manager as the Director of Emergency Services and authorized her to issue executive orders and to take all measures to secure the health and safety of the citizens. H. The current circumstances when taken together with the COVID-19 emergency give rise to a city-wide emergency necessitating swift government action to preserve the safety and wellbeing of the citizenry and their property. I. The Director of Emergency Services, in consultation with law enforcement officials, deems a curfew necessary to secure the health and safety of Santa Ana's citizens. NOW, THEREFORE, I, Kristine Ridge, the Director of Emergency Services for the City of Santa Ana, do hereby issue the following order to become effective immediately. SECTION 1. A. Nighttime curfew: effective May 31, 2020 at 10:00 p.m. a curfew is imposed in all public places within the City of Santa Ana and continuing until 5:00 a.m. on Monday, June 1,2020. B. Travel: During this curfew, all persons must not travel on any public street or public place. C. Exemptions: All law enforcement, fire and medical personnel, as well as other personnel authorized by the Santa Ana Police Department and credentialed members of the services are also exempt. The Chief of Police may designate additional exempt personnel. D. Definitions: For purposes of this Executive Order, "travel" includes, without limitation, travel on foot, bicycle, skateboard, scooter, motorcycle, automobile, or public transit, or any other mode of transporting a person from one location to another. "Public Place" means any place, whether on privately or publicly owned property, accessible to the general public, including but not limited to public streets, roads, alleys, highways, sidewalks, parks, vacant lots and unsupervised property. SECTION 2. This Order shall be superseded by a duly enacted action of the City Council or a further Order by the Director of Emergency Services adopted during the local emergency expressly superseding this Order. SECTION 5. This Order shall become effective immediately, and shall remain in effect until S:OOAM on Monday, June 1, 2020, unless extended by the Director of Emergency Services or the City Council. SECTION 6. Ifany section, subsection, sentence, clause, phrase or word of this Order is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction such decision shall not affect the remaining provisions of this order. PASSED, APPROVED AND ADOPTED this 31st day of May, 2020. Kristine Ridge, Director of Emergency Services Sonia R. Carvalho, City Attorney