(a) This section is enacted to set out and clarify the authority of the Board of Health and its officials and employees with regard to imposing quarantines.
(b) PUBLIC HEALTH EMERGENCY. An occurrence or imminent threat of an illness or health condition that is:
(1) Believed to be caused by any of the following:
A. Bioterrorism;
B. Any of the reportable diseases classified as “class A disease” by OAC § 3701-3.02(A)(1);
C. The appearance of a novel or previously controlled or eradicated infectious agent or biological toxin; or
D. Natural disaster, a chemical attack or accidental release or a nuclear attack or accident; and
(2) Poses a high probability of the following harms:
A. A large number of deaths in the affected population;
B. A large number of serious or long-term disabilities in the affected population or;
C. 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;
(c) (1) The Board of Health hereby delegates all the authority possessed by the Board of Health in enforcing Ohio R.C. 3707.04 and 3707.32 regarding quarantine and isolation to the Health Commissioner following:
A. The Health Commissioner determines that a public health emergency, as defined in this section exists;
B. Circumstances have rendered a meeting of the Board of Health to be impractical or impossible and/or delaying action until a meeting of the Board of Health would compromise the public health; and
C. The Health Commissioner has notified the President of the Board of Health, the City Manager and the Director of the Ohio Department of Health that the Health Commissioner has made such a finding of a public health emergency exists, as well as any of necessary and affected agency and its personnel.
(2) Upon the Health Commissioner making the findings and notifications determined above the delegation of the Board of Health’s authority shall be immediate. Any actions taken by the Health Commissioner in accordance with this ordinance shall be considered actions taken by the Board of Health until the Board votes to either ratify or nullify the Commissioner’s action. In the absence of the Health Commissioner such delegation of the Board of Health's authority shall be to the Medical Director.
(d) (1) The authority delegated to the Health Commissioner under this section shall continue until the earlier of;
A. Within 72 hours of the Health Commissioner’s determination that a public health emergency exists; or
B. A finding by the Health Commissioner that a public health emergency no longer exists; or
C. The holding of a regular or special meeting of the Board of Health; or
D. Upon the specific determination of the Director of the Ohio Department of Health that such delegation of authority is no longer necessary.
(2) The Board of Health may elect to renew or extend the authority delegated to the Health Commissioner pursuant to this ordinance, for as long as the Board deems necessary to protect the public health.
(e) The Health Commissioner and the Board of the Health understand the powers and authority delegated herein are subject to City Manager’s authority and powers during an emergency. If the delegation of authority to the Health Commissioner herein conflicts with the Emergency Operation Plan, the Emergency Operation Plan controls. The Health Commissioner and the Board of Health will cooperate fully with the City, the City Manager and the Chief Emergency Operation Officer during an emergency.
(f) Section 3707.48 of the Ohio R.C. states that no person shall violate sections 3707.01 to 3707.53, inclusive, of the Revised Code, or any order or regulation of the board of health of a city or general health district made in pursuance thereof, obstruct or interfere with the execution of such order, or willfully or illegally omit to obey such order. Section 3707.99(B) of the Ohio R.C. states that whoever violates 3707.48 of the Ohio R.C. is guilty of a minor misdemeanor on a first offense; and on each subsequent offense such person is guilty of a misdemeanor of the fourth degree.
(g) This section shall take effect and be in force from and after the earliest period allowed by law.
(Ord. 2004-002, passed 5-11-2004; Am. Ord. O2004-54, passed 6-15-2004)