(a) In addition to the authority granted by other provisions in this chapter or under other law, during a declared public health emergency related to a communicable or infectious disease, a peace officer or other individual designated by the city's chief of police or city marshal is hereby granted the explicit authority to protect the public health by detaining or restricting the mobility of any individual who has been confirmed as being infected with the contagious communicable disease or condition that is the subject of the public health emergency and for whom a control order is being sought or for whom a control order has been issued, provided, however, that such detainer or restriction shall be strictly limited in duration in accordance with subsection (d) below.
(b) The authority granted under subsection (a) may only be exercised if the individual in question demonstrates by words or actions that he is either unwilling or unable to voluntarily comply with medical directions regarding self-isolation or similar measures intended to reduce the risk of infection by others or with the terms of a control order.
(c) If an individual is unwilling or unable to voluntarily comply with the terms of a control order and a court order is not actively being sought by another appropriate entity, City staff is authorized to seek a court order to enforce a control order.
(d) A detainer or restriction while awaiting the issuance of a control order or of a court order to enforce a previously issued control order shall not exceed longer than is reasonably necessary and under no circumstances longer than 24 hours.
(Ord. 24090-03-2020, § 1, passed 3-26-2020)