AUTHORIZING THE CITY MANAGER TO ISSUE EXECUTIVE ORDERS IMPLEMENTING TEMPORARY WAIVERS TO CERTAIN REGULATIONS AND CERTAIN ENFORCEMENT ACTIVITIES IN ORDER TO PROMOTE LOCAL BUSINESS AND THE STATE’S RESPONSIBLE RESTART OHIO.

WHEREAS, on March 9, 2020, the Governor declared a State of Emergency in Executive Order 2020-01D; and

WHEREAS, on March 15, 2020, the Ohio Department of Health issued a Director’s Order to limit the sale of food and beverages, liquor, beer and wine to carry-out and delivery only; and

WHEREAS, on April 30, 2020, the Ohio Department of Health issued a Director’s Order that reopens businesses, with exceptions, and continues a stay healthy and safe at home order; and

WHEREAS, the Constitution of the State of Ohio, in Article XVIII, Section 3, grants municipalities the authority to exercise all powers of local self-government and to enforce local police, sanitary, and other similar regulations as are not in conflict with the general laws; and

WHEREAS, pursuant to this constitutional home rule authority, the people of the city of Oakwood, Ohio, have adopted a Charter and Codified Ordinances to exercise the powers of local self-government and enforce local police power regulations; and

WHEREAS, consistent with its home rule authority, and in order for the city of Oakwood to do its part in the reopening of Ohio’s economy, Council finds it appropriate to authorize the City Manager to issue temporary waivers to certain local regulations and certain enforcement activities in order for Oakwood business to maximize the effectiveness of the Governor’s and Ohio Department of Health’s relaxation of the previously imposed COVID-19 restrictions;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF OAKWOOD, MONTGOMERY COUNTY, OHIO, THAT:

The City Manager is hereby authorized to issue temporary waivers of restrictions and certain enforcement activities set forth in the Codified Ordinances that would impose limits on the use of outdoor portions of private commercial property, or of adjacent public property such as a closed street, alley, or municipal parking lot, for dining or service, including provisions that prohibit the use of parking spaces for such activity, and local provisions that restrict the ability of local businesses to erect temporary shade structures to support such activity.

In exercising the authority granted by Section I, the City Manager may develop application forms, waiver/temporary permit forms, and other documents as needed, and shall develop criteria for evaluating applications in a uniform manner that (a) protects the predominantly residential character of Oakwood’s neighborhoods, (b) minimizes congestion and negative impact on traffic patterns, and (c) provides opportunity for local businesses to restart safely.

This resolution and the authority granted herein shall be in effect for a period of one hundred and eighty (180) days from the date of its approval unless terminated earlier by action of the City Council.

If the State of Emergency declared by Executive Order 2020-01D expires or is terminated, this resolution and the authority granted herein shall terminate immediately and all outdoor facilities permitted hereunder shall cease within 96 hours.