Coronavirus (COVID -19)

Cascade Emergency Powers Ordinance

ORDINANCE 703

AN EMERGENCY ORDINANCE OF THE CITY OF CASCADE, VALLEY COUNTY IDAHO, ESTABLISHING EMERGENCY POWERS; SETTING FORTH THE AUTHORITY, PURPOSE, INTENT, AND SCOPE; SETTING DEFINITIONS; DESCRIBING PUBLIC HEALTH EMERGENCY ORDERS; ESTABLISHING PROCESS FOR ENACTING PUBLIC HEALTH EMERGENCY ORDERS; ESTABLISHING PENALTIES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING FOR EMERGENCY POSTING, AN EFFECTIVE DATE,  AND A SUNSET DATE.

WHEREAS, on March 11, 2020, the World Health Organization declared the worldwide outbreak of COVID-19 (aka coronavirus) a pandemic; and

WHEREAS, on March 13, 2020, the President of the United States issued an emergency declaration for the country in response to the increasing number of COVID-19 cases within the U.S.; and

WHEREAS, on March 13, 2020, Idaho Governor Brad Little signed a declaration of emergency for the State of Idaho in response to concerns that cases of COVID-19 are imminent in Idaho; and

WHEREAS, on March 17, 2020 the Mayor of Cascade signed a declaration of emergency in response to the COVID-19 threat; and

WHEREAS, under Idaho Code section 50-304, the City Council is authorized to pass all ordinances and make all regulations necessary to preserve the public health, prevent the introduction of contagious diseases into the city, and to make quarantine laws for that purpose and enforce the same within five (5) miles of Cascade city limits, any health or quarantine ordinance and regulation thereof; and

WHEREAS, under Idaho Code section 50-606, the Mayor shall have such jurisdiction as may be vested by ordinance over all places within five (5) miles of the corporate limits of the city, for the enforcement of any health or quarantine ordinance and regulation thereof; and

WHEREAS, in order to effectively preserve the health and safety of the public, the Mayor and City Council are granted the emergency powers contained within this ordinance.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CASCADE, IDAHO:

SECTION 1:      EMERGENCY POWERS.

This Ordinance shall be known and designated as the Cascade Emergency Powers Ordinance, and shall be considered as a temporary emergency ordinance.

SECTION 2:      LEGAL AUTHORITY.

Idaho Code sections 50-304 and 50-606 authorize the City to pass ordinances granting certain powers to the Mayor and City Council related to public health emergencies.

SECTION 3:      PURPOSE AND INTENT.

The City finds that the preservation of public health, safety, and welfare may require immediate action by the City in response to emergency situations. Therefore, the City hereby authorizes the Mayor and City Council certain powers for immediate response to foreseeable, imminent, or present public health emergencies.

SECTION 4:      SCOPE.

This Ordinance sets forth the procedures for activating the emergency powers of the Mayor and City Council during a public health emergency.

SECTION 5:      DEFINITIONS.

  1. PUBLIC HEALTH EMERGENCY: The foreseeable, imminent, or present threat of any pathogen, agent, vector, or environmental condition, including hazardous materials, which does or may cause illness or injury to

  2. PUBLIC HEALTH EMERGENCY ORDER: An advisory, social distancing, isolation, or quarantine order enacted by the Mayor and City Council.

  3. ISOLATION: The separation of infected persons, or of persons suspected to be infected, from other persons to such places, under such conditions, and for such time as will prevent transmission of the infectious

  4. QUARANTINE: The restriction placed on the entrance to and exit from the place of premises where an infectious agent or hazardous material

  5. SOCIAL DISTANCING: Actions taken to maintain distance from other people, including avoiding or canceling congregate settings and mass

SECTION 6:      PUBLIC HEALTH EMERGENCY ORDERS.

The Mayor and City Council may issue the following orders, as deemed appropriate by the Mayor and City Council

  1. Advisory Order. Where a public health emergency is foreseeable or imminent, the City may enact an advisory order, which order may provide information and recommended guidelines for preventing, detecting, and/or mitigating the onset or spread of a public health

  2. Social Distancing Order. Where a public health emergency is imminent, the Mayor may, following approval by the City Council, enact a social distancing order, which order may establish any or all of the following:

    1. Appropriate restrictions regarding the operation or occurrence of planned or foreseeable commercial, recreational, or expressive gatherings or

    2. Restrictions on travel through or visitation within the

    3. Postponement or cancellation of public meetings and

    4. A limit on the number of persons who may gather in one location and may apply to indoor or outdoor

    5. Suspension of businesses or visitor lodging accommodations.

    6. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health hazard.

    7. A social distancing order shall include an effective date and an anticipated expiration date, which may be extended in the same manner as the imposition of the initial order.

  3. Isolation Order. Where a public health emergency is present, and poses a clear threat of harm to the public health, the Mayor may, following approval by the City Council, enact an isolation order, which order may establish any or all of the following:

    1. A directive that infected and/or exposed individuals isolate themselves from other persons.

    2. Geographical areas of restricted or prohibited

    3. Other measures necessary to avoid, address, or mitigate an imminent public health hazard.

    4. The scope and manner of delivery of services, materials, or supplies to be provided by the City, if

    5. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health

    6. An isolation order shall include an effective date and an anticipated expiration date, which may be extended in the same manner as the imposition of the initial order. An isolation order shall be effective only when and for so long as the public health emergency is present, and when no less restrictive alternative exists. Any person shall be entitled to appeal an isolation order or to request a modification of any provision of such order by filing a written appeal with the City Clerk. Such appeal shall be heard by City Council at a special City Council Meeting. The City Council decision shall be

  4. Quarantine Order. Where a health emergency is present and poses a clear threat of harm to the public health, the Mayor may, following approval by the City Council, enact a quarantine order, which order may establish any or all of the following:

    1. A directive that infected and/or exposed individuals isolate themselves from other persons.

    2. Geographical or other areas of restricted or prohibited

    3. Other measures necessary to avoid, address, or mitigate an imminent public health hazard.

    4. The scope and manner of delivery of services, materials, or supplies to be provided by the City, if

    5. Measures to be taken in order to prevent, avoid, detect, address, or mitigate a foreseeable, imminent, or present public health

    6. Conditions of the

    7. A quarantine order shall include an effective date and an anticipated expiration date, which may be extended in the same manner as the imposition of the initial order. A quarantine order shall be effective only when and for so long as the public health emergency is present, and when no less restrictive alternative exists. Any person shall be entitled to appeal a quarantine order, or to request a modification of any provision of such order by filing a written appeal with the City Clerk. Such appeal shall be heard by City Council at a special City Council Meeting. The City Council decision shall be

SECTION 7:      PROCESS FOR ENACTING PUBLIC HEALTH EMERGENCY ORDERS.

  1. Approval by City Council. The Mayor shall present to the City Council, at a duly noticed public meeting, the proposed Public Health Emergency Order. Public input may be taken at such meeting at the discretion of the Council, but a public hearing shall not be required. Following approval by the City Council, the Mayor shall prepare and publish and/or publicly post a written order. Except as may be specifically stated in the Public Health Emergency Order, such order shall be effective upon posting at Cascade City

  2. Publication of Public Health Emergency Order. As possible and prudent under the circumstances, the Mayor shall cause a Public Health Emergency Order to be published:

    1. Posting the order in a prominent place at Cascade City Hall;

    2. Posting the order on the City’s website;

    3. E-mailing the order to all persons subscribed to City e-mail notification services;

    4. Posting the order to all City social media accounts;

    5. Providing the order to local television and radio broadcast outlets; and

    6. Notifying other government agencies, including Cascade School District, and Valley County.

  3. Term of Order. Every public health emergency order shall include an effective date and a termination date that shall be no more than ninety (90) days from the effective date, which may be extended upon approval of City

SECTION 8:      PENALTY.

It shall be unlawful to violate any provision or directive of a duly enacted social distancing order, isolation order, or quarantine order while such order is in effect. The violation of any provision or directive of a social distancing order, isolation order, or quarantine order shall be an infraction under City Code.

SECTION 9:      CONFLICTS.

All ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance, if any, are hereby revoked for the term of this Ordinance.

SECTION 10: SAVINGS AND SEVERABILITY CLAUSE.

It is hereby declared to be the legislative intent that the provisions and parts of this ordinance shall be severable. If any paragraph, part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

SECTION 11: EMERGENCY POSTING, EFFECTIVE DATE, AND SUNSET.

Due to an imminent situation of contagious disease, a proclamation of this Ordinance shall be posted in at least five public locations in the City and this Ordinance shall take effect immediately upon such posting, in accordance with Idaho Code 50-901.  This Ordinance shall be considered a temporary emergency ordinance and shall sunset and revoke as to effect one-hundred and eighty-two (182) days from its effective date.

PASSED BY the CITY COUNCIL and APPROVED by the MAYOR of Cascade, Idaho, on this 25th day of March 2020.

APPROVED BY the Mayor of the City of Cascade, Idaho this 25th day of March 2020

                                                                                    APPROVED:

                                                                                    Judith R. Nissula, Mayor

ATTEST:          
Heather M. Soelberg, City Clerk

A signed copy of the Ordinance can be found Ordinance No. 703 Emergency Powers Ordinance.

Statewide Order to Stay Home

A copy of the Statewide Stay Home Order can be found here: Order.

Governor Little Stay Home Press Release

FOR IMMEDIATE RELEASE
March 25, 2020

Governor Little issues statewide stay-home order, signs extreme emergency declaration

Boise, Idaho – Following the guidance of Idaho’s public health experts, Governor Brad Little issued a statewide stay-home order today for all Idahoans.

He also signed an extreme emergency declaration, which allows the state to more effectively increase health care capacity, take steps to reduce and slow coronavirus spread, and take rapid and decisive steps to improve the condition of Idahoans whose job and incomes are being harmed by the pandemic.

“From the get-go, our focus has been to slow the spread of coronavirus to protect our most vulnerable citizens and preserve capacity in our healthcare system,” Governor Little said. “And from the beginning, I stated my commitment to making decisions about our response to coronavirus based on science. With confirmed community transmission of coronavirus now occurring in Idaho’s most populated areas, we need to take strong measures to ensure our healthcare facilities are not overburdened. I am following the guidance of our public health experts and issuing a statewide stay-home order effective immediately.”

The stay-home order requires citizens to self-isolate at home if you can, not just if you are sick.  This excludes healthcare, public safety and other essential workers as defined in the order. If you are high-risk, avoid leaving home. People can leave home to obtain or provide essential services as defined in the order. Employers that do not provide essential services as defined in order
must take all steps necessary for employees to work remotely from home. Grocery stores, medical facilities, and other essential businesses as defined in the order will remain open.  Restaurants across the state are being ordered to close dine-in but drive-thru, pick up, and delivery will still be available. Non-essential businesses and services will close their physical locations. This includes bars, nightclubs, gyms, recreational facilities, entertainment venues, convention centers, hair and nail salons, and others not included in the “essential” category as defined in the order. People must limit public transit unless to provide or obtain essential services. People must limit all discretionary travel. People must limit all non-essential gatherings of any number of individuals outside the household. When you go for a walk, run, bike ride, or other outdoor recreation near your home, stay 6-feet away from individuals who are not part of your household.

“Our healthcare and public safety workers are putting themselves in harm’s way to respond to the coronavirus emergency, and we owe it to them to do our part by following this statewide stay-home order,” Governor Little added.

The statewide stay-home order is effective immediately and will remain in effect for 21 days. Governor Little and public health officials will evaluate later whether to extend the order past 21 days.

Governor Little made the announcement at Gowen Field, where he visited with the Idaho National Guard personnel he recently mobilized to support civil authorities and local jurisdictions during the coronavirus emergency. At the Governor’s request, the Guardsmen are prepared to stand up a joint task force to provide mobile testing support, transport commodities, provide facilities, tents or other equipment, and other perform other duties as needed in Idaho’s coronavirus response effort. The Idaho Office of Emergency Management, a part of the Idaho Military Division, is the key emergency response planner and coordinator for interagency preparedness in Idaho.

“We will get through this together as long as we all play an active part in fighting the spread of coronavirus. I am proud of Idaho and the way we support and love our neighbors. Let’s keep it up,” Governor Little said.

The statewide stay-home order is being finalized with public health, local officials, and business today and will be available later today at https://coronavirus.idaho.gov/.

View Governor Little’s extreme emergency declaration here.

# # #

NEWS MEDIA CONTACT: Marissa Morrison Hyer, Press Secretary
208-943-1686 or marissa.morrison@gov.idaho.gov

A PDF Version of the release can be found here..

Stay Home Stay Safe Press Release

FOR IMMEDIATE RELEASE
March 21, 2020

STAY HOME, STAY HEALTHY
Visitors Urged to Avoid Vacationing in Valley County

Cascade, Idaho – City of Cascade, in partnership with the City of Donnelly, City of McCall, Cascade Medical Center, St. Luke’s McCall Medical Center and Valley County, are asking visitors to stay home and stay healthy.  To act as a cohesive community and to protect each other, we are respectfully asking that no visitation happen at this time.  It is imperative that our community follow the federal guidelines adopted by the State of Idaho, including avoiding unnecessary travel.

We are faced with a challenging time with the unprecedented global crisis related to the COVID-19 viral pandemic.  Hospital providers and staff across Valley County have been preparing rapidly for the arrival of the virus in the community.  However, resources cannot support an influx of visitors.  In an open letter to the Valley County community, Dr. Gregory Irvine MD, Chief of Staff at St. Luke’s McCall Medical Center urges prospective visitors to stay home.  “We are small, rural, critical-access hospitals, and have limited resources, especially as it pertains to intensive care,” says Irvine. “While our hospitals are prepared to care for the citizens of Valley County and surrounding areas, an influx of people from elsewhere risks overwhelming the limited resources at our hospitals.”  (A copy of Dr. Irvine’s full letter can be found here.)

Many businesses have shut their doors for the next several weeks, limiting recreational opportunities in the region.  Cascade Aquatic and Recreation Center, Brundage Mountain, Tamarack Resort, the Little Ski Hill, and the Activity Barn are currently closed.  Valley County has suspended snowmobile grooming.  Many restaurants have closed in-house dining. 

The rapidly changing conditions of COVID-19 community spread in Idaho, limited health care services available at St. Luke’s McCall and Cascade Medical Center, and limited EMS transport services enforce the need to be proactive.  We are encouraging our neighbors in other areas of Idaho and sister states to stay where they are and protect themselves by following CDC guidelines, as we are stressing to our residents. 

 “You will be welcome here with open arms when this unparalleled pandemic is over.” Says Irvine.

 STAY HOME.   PREVENT THE SPREAD.   PROTECT THOSE AT GREAT RISK.   BE INFORMED.

Mayor's Local Disaster Emergency Declaration of Imminent Threat

MAYOR’S LOCAL DISASTER EMERGENCY
DECLARATION OF IMMINENT THREAT

WHEREAS, Idaho Code § 46-1011 allows the mayor of a city to declare a local disaster emergency; and

WHEREAS, Idaho Code § 46-1002(2) defines disaster as the “occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause,” and

WHEREAS, the imminent threat of widespread and severe damage to the health of our community or loss of life exists as a result of the worldwide detection of the 2019 novel coronavirus (COVID-19) (including in the United States) which has progressed to a pandemic declared by the World Health Organization on March 11, 2020, constitutes a “disaster”; and

WHEREAS, a declaration activates the response and recovery aspects of applicable local or intergovernmental disaster emergency plans for the furnishing of aid and assistance; and

WHEREAS, Idaho Code § 46-1002(3) provides that an “emergency” includes the occurrence or imminent threat of a “disaster” or condition threatening life or property which requires state emergency assistance to supplement local efforts to protect property or avert or lessen the threat of “disaster;” and

WHEREAS, due to the imminent risk to life as a result of the potential for cases of COVID-19 throughout the United States and the State of Idaho, on March 13, 2020, Governor Brad Little declared a statewide State of Emergency, and the President of the United States declared a National Emergency; and

WHEREAS, an “emergency” exists In the City of Cascade because of imminent risk to life as a result of the potential for cases of COVID-19; and

WHEREAS, an emergency declaration must be filed with the county recorder’s office and “given prompt and general publicity”;

NOW THEREFORE, the Mayor of the City of Cascade does hereby declare:

That a local disaster emergency exists and that all efforts will be made to protect the citizens and property of the City of Cascade through activation of all local disaster emergency plans and state emergency assistance; and

That this Local Disaster Emergency shall expire within seven (7) days unless the City Council expressly authorizes the continuance of such Declaration; and

That this Declaration of Local Disaster Emergency Declaration of Imminent Threat (“Declaration”) shall be promptly filed with the Valley County Recorder’s Office; and

That prompt and general publicity shall be given by a press release notifying the public of this Declaration.

APPROVED AND ADOPTED this 17th day of March, 2020.

Mayor Judith R. Nissula

ATTEST
Heather M. Soelberg, Clerk

EXPLORE SUMMER

Take in the the fresh mountain air while enjoying a variety of summer activities Cascade has to offer from hiking, biking, kayaking and a lot more.

EXPLORE FALL

As the colors begin to change and the crisp fall evenings, you will find Cascade an excellent place to enjoy its many camping opportunities.

EXPLORE WINTER

Cascade offers endless winter activities.  You can enjoy a whole range of experiences from snowshoeing to ice-fishing and snowmobiling.

EXPLORE SPRING

Spring provides more recreational options, spend the morning snowmobiling and the afternoon playing 9-holes at the Cascade Golf Course.