[R.O. 1996 § 200.260; Ord. No. 1890 §§ 1 — 6, 3-26-2007; Ord. No. 1946 §§ 1
— 6, 1-28-2008]
A.
Public Health Emergency; Imminent Threat;
Authority Of Chief Of Police To Quarantine Or Isolate Afflicted Persons;
Penalty.
1.
When information is given to the
City by a physician or other competent person that a public health
emergency exists and a delay would significantly jeopardize the City's
ability to prevent or limit the transmission of a contagious or possibly
contagious disease to others or the spread of a biological toxin or
infectious agent, the Mayor or in the Mayor's absence the Mayor Pro
Tempore or in both of their absences the City Administrator or acting
City Administrator shall have the power to declare a public health
emergency and order the Chief of Police to immediately isolate or
quarantine any person residing or temporarily stopping in the City
that has or may have a contagious or infectious disease or may have
been exposed to the same or may have been exposed to a biological
toxin or infectious agent by ordering said parties or household where
such disease, biological toxin or infectious agent may be, or have
been, to remain within designated enclosures or to isolate themselves
from non-exposed persons as may be designated or ordered by the Chief
of Police or officers of the City's Police until such persons, parties
or household may be relieved by order of the City or other proper
authority.
2.
For the purposes of this Section,
a "public health emergency" is an occurrence or imminent threat of
an illness or health condition that:
b.
Poses a high probability of any of
the following harms:
(1)
A large number of deaths
in the affected population;
(2)
A large number of serious
or long-term disabilities in the affected population; or
(3)
Widespread exposure
to an infectious or toxic agent that poses a significant risk of substantial
future harm to a large number of people in the affected population.
B.
Care Of Quarantined Or Isolated Parties.
When it becomes the duty of the Chief of Police to forbid any such
person from leaving their premises or to remain in isolation in accordance
with the preceding Section, he/she shall, to the extent possible,
make suitable and sufficient provision for their care, including but
not limited to adequate food, clothing, shelter, means of communication,
sanitary conditions, and observance of their cultural and religious
beliefs, and said parties to furnish the necessary funds to the Chief
of Police thereof.
C.
Chief Of Police To Restrict Infected Premises.
1.
The Chief of Police shall enforce
this Chapter in order to forbid any and all persons from passing in
or out of said quarantined premises or isolation areas, unless under
direction of the public health authority or a physician in charge
of the quarantine or isolation.
2.
It shall be unlawful for any person
to:
a.
Refuse to comply with any isolation
or quarantine order issued by the City or Chief of Police;
b.
Knowingly put himself or herself
in contact with any person subject to isolation or quarantine;
c.
Fail to report or knowingly conceal
a case of infectious, contagious, communicable or dangerous disease
or an infectious agent or biological toxin;
d.
Refuse to cooperate with the City,
the Chief of Police or any Law Enforcement Officer either in their
investigation of, or their response to, an actual or threatened outbreak;
e.
Remove, destroy or obstruct from
view any quarantine card or notice.
D.
Contagious Diseases — Authority Of
Board Of Aldermen To Make And Enforce Regulations. The Board of Alderman
may make regulations for the prevention of the introduction of contagious
diseases into the City and for the abatement of the same within the
City and may make quarantine and isolation laws and enforce the same
within five (5) miles of the City.
E.
Physicians Permitted On Quarantined And
Infected Premises And In Areas Of Isolation. Nothing in this Chapter
shall prevent or prohibit the attendance of a physician to persons
quarantined or in isolation.
F.
Review Of Quarantine Or Isolation Order.
An individual or group of individuals ordered quarantined or isolated
may apply to the Board of Aldermen for an order to show cause why
they should not be released. The Board of Aldermen shall hear and
rule on the application at the Board's next regularly scheduled Board
of Aldermen meeting so long as the application is received more than
four (4) days prior to said meeting. The applicants may be represented
by an attorney or other representative, but shall not appear in person
if they are still subject to a quarantine or isolation order. If the
Board of Aldermen find no cause for continued isolation or quarantine,
the applicant(s) shall be released from quarantine or isolation. Those
isolated or quarantined, who feel that there are breaches of the isolation
or quarantine order, may apply to the Board of Aldermen in the same
manner as for release.