With all of California now under a statewide shelter-in-place order from the Governor to protect against the spread of COVID-19, cities must evaluate how to enforce this order and related county and local orders within their boundaries.

Cities may enforce these orders through the administrative citation process. The local emergency provisions of the California Emergency Services Act, Government Code section 8634, et seq. (“ESA”), authorizes the governing body of a political subdivision, through its designated officials, to issue orders and regulations necessary to protect life and property during local emergencies, such as curfews and “stay at home” or “shelter in place” orders. In many cities’ municipal codes, the designated official is the Director of Emergency Services (“Director”), usually the City Manager or City Administrator.

The ESA, however, only provides criminal penalties for violations of an order issued by the City Council or the Director. Under the ESA, such violations are misdemeanors, subject to a $1,000 fine or 6 months in prison. (Gov. Code, § 8665.) Enforcement of a shelter-in-place order through these criminal penalties may prove too burdensome or problematic for City or County law enforcement officials, and be quite unsettling for residents already under the stress of the COVID-19 pandemic.

Rather, cities are encouraged to enforce COVID-19 orders issued by the Director through administrative citations. Consistent with the ESA, many cities’ municipal codes currently provide that violations of the Director’s orders are misdemeanors. However, cities should consider passing urgency ordinances to provide that violations of the Director’s orders are a violation of the municipal code and subject to administrative citation under the code.

In summary, to invoke and exercise their enforcement authority under the ESA, cities should take the following steps:

• Issue a proclamation of local emergency if it has not already done so;
• Adopt the statewide shelter-in-place order, as well as the county’s order if one has been issued, through an urgency ordinance;
• Include a reference to the City’s administrative citation provisions in its municipal code, to declare that the statewide shelter-in-place order and any county order(s) may be enforced through administrative citations pursuant to the City’s authority under Government Code section 53069.4 to “make any violation of any ordinance enacted by the local agency subject to an administrative fine or penalty;” and
• Consider an increased fine schedule. For example, a first violation may result in an administrative citation and a $250 fine, and $500 for a second violation, and $1,000 for a third and subsequent violations. Cities may also consider allowing enforcement officers discretion to issue warnings for initial violations.

If you have any questions or concerns, you are welcome to contact the offices of Churchwell White at (916) 468-0950, or email Douglas White at Doug@whitebrennerllp.com or Nubia Goldstein at Nubia@whitebrennerllp.com.