Applies to everyone; but cities can have more stringent terms and stricter time limits
By Susan Shiu, Director, Office of Communications and Media, Contra Costa County
The Contra Costa County Board of Supervisors unanimously passed a proclamation of local emergency, Tuesday morning, June 2, 2020, in response to civil disturbances after peaceful protests in the county following George Floyd’s death in Minneapolis. The Board also adopted an order imposing a curfew in Contra Costa County due to civil unrest to begin Tuesday, June 2, 2020 at 8:00 pm. The curfew requires people in the county to stay indoors from 8:00 pm until 5:00 am the following day, until further notice.
“These are challenging times. The sorrow and pain that have filled our hearts here in our Bay Area home cannot be denied. The need and right to protest and be heard are ones that we all support,” said Supervisor Candace Andersen, chair of the county Board of Supervisors. “Today’s emergency proclamation and curfew order will help the county respond to looting, vandalism and any violence that should not be part of peaceful protests. That we do not support, as they only hurt our communities. We want peaceful protests, and we want all members of the public to be safe.”
The proclamation states that “Conditions of disaster or extreme peril to the safety of persons and property, including to public facilities, have arisen within the County, caused by civil unrest, commencing in the County on or about May 31, 2020. Civil unrest in the form of riots and looting have arisen from protests in response to the tragic death of an unarmed man, George Floyd, in Minneapolis, Minnesota, while being detained by a police officer. The majority of protestors have acted peacefully and lawfully. But some protests throughout the nation, including in cities such as Walnut Creek, San Francisco, Oakland, and San Jose, have given rise to injuries, looting, and property destruction.”
“Mr. Floyd tragically died just over a week ago. We recognize the importance of peaceful protests,” said County Administrator David J. Twa, who serves as the Administrator of Emergency Services. “We also want to emphasize the need for residents to stay home in the evenings and at night to stay safe. Our job is to protect lives, all lives. We want all people to stay safe during these difficult times.”
In response to a question about the jurisdiction of the order and whether it only applies to unincorporated areas in the county outside city limits, Shiu responded, “The Order provides that, ‘In the event that the terms of the County’s curfew order are more stringent (e.g. that the start time is earlier or the end time is later) than any city’s curfew order within the County, the County’s curfew order will apply within that city and supersede the city’s order to that extent.’ And if a city’s order on time is stricter, the city’s stricter curfew time will be in place.”
EMERGENCY ORDER IMPOSING A CURFEW WITHIN THE COUNTY OF CONTRA COSTA DUE TO CIVIL UNREST
WHEREAS, on June 2, 2020, the Board of Supervisors of the County of Contra Costa proclaimed, pursuant to Government Code section 8630 and Contra Costa County Ordinance Code Chapter 42-2, the existence of a local emergency because the County of Contra Costa (“County”) is affected or likely to be affected by a public calamity due to conditions of disaster or of extreme peril to the safety of persons and property arising as a result of civil unrest in the County.
WHEREAS, Government Code Section 8634 authorizes the Board of Supervisors to promulgate orders and regulations necessary to provide for the protection of life or property during a local emergency, including imposing a curfew where necessary to preserve the public order and safety.
WHEREAS, there exists imminent danger to life and property during the hours of darkness, and it is especially difficult to preserve public safety during these hours.
WHEREAS, a curfew is necessary to preserve the public order and safety in the County.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
- A curfew is imposed Countywide, within the unincorporated and incorporated areas of the County.
- The hours of curfew are between 8:00 p.m. and 5:00 a.m. of the following day.
- No person, except as set forth in Section 4, below, shall be upon a public street, avenue, boulevard, place, walkway, alley, park or any public area or unimproved private property within the boundaries of the County between 8:00 p.m. and 5:00 a.m. of the following day.
- This Order shall not apply to peace officers, firefighters, and National Guard deployed to the area, individuals traveling to and from work, people experiencing homelessness and without access to a viable shelter, and individuals seeking medical treatment.
- This Order shall be effective immediately as of June 2, 2020, commencing at 8:00 p.m. and extending until the termination of this Order. The County Administrator is authorized to amend and terminate this Order in accordance with Government Code Section 8634.
Any violation of this Order is a misdemeanor as provided by Government Code section 8665 and any applicable state or local law, and violators may be subject to immediate arrest. In the event that the terms of the County’s curfew order are more stringent (e.g., that the start time is earlier or the end time is later) than any city’s curfew order within the County, the County’s curfew order will apply within that city and supersede the city’s order to that extent.
Dated: June 2, 2020
See Proclamation of Local Emergency (Resolution No. 2020/155).
BOARD OF SUPERVISORS RESOLUTION PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY Resolution No. 2020/155
IN THE MATTER OF Proclaiming the Existence of a Local Emergency (Gov. Code, § 8630)
The Board of Supervisors of Contra Costa County RESOLVES as follows:
Contra Costa County Ordinance Code Chapter 42-2 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency when the County is affected or likely to be affected by a public calamity.
The Board of Supervisors has been requested by the Director of Emergency Services of the County to proclaim the existence of a local emergency therein.
The Board of Supervisors finds as follows:
- Conditions of disaster or extreme peril to the safety of persons and property, including to public facilities, have arisen within the County, caused by civil unrest, commencing in the County on or about May 31, 2020. Civil unrest in the form of riots and looting have arisen from protests in response to the tragic death of an unarmed man, George Floyd, in Minneapolis, Minnesota, while being detained by a police officer. The majority of protestors have acted peacefully and lawfully. But some protests throughout the nation, including in cities such as Walnut Creek, San Francisco, Oakland, and San Jose, have given rise to injuries, looting, and property destruction.
- These conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this County, and will require the combined forces of other political subdivisions to combat.
- These conditions fit the circumstances described in Government Code section 8558.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the County; and
IT IS FURTHER PROCLAIMED AND ORDERED that, during the existence of the local emergency, the powers, functions, and duties of the emergency organization of this County shall be those prescribed by state law, and by ordinances and resolutions of this County, and by the County of Contra Costa Emergency Operations Plan, as approved by the Board of Supervisors on June 16, 2015.
PASSED on June 2, 2020, on a unanimous 5-0 vote.
ATTEST: David J. Twa, Clerk of the Board of Supervisors and County Administrator
Allen Payton contributed to this report.