June 2, 2020 - PROCLAMATION AND ORDER OF A CURFEW BY THE DIRECTOR OF EMERGENCY SERVICES FOR THE COUNTY OF SAN MATEO
WHEREAS, on June 2, 2020, pursuant to the authority granted under Government Code Section 8630(b) and Chapter 2.46 of the San Mateo Ordinance Code, the Director of Emergency Services proclaimed the existence of a Local Emergency in the County of San Mateo (“County”) in anticipation that the conditions of extreme peril, as described in the proclamation, may arise within the County; and
WHEREAS over recent days and nights, conditions of disaster or extreme peril to the safety of persons and property have occurred throughout the State of California, the Bay Area, and numerous nearby jurisdictions, including civil unrest, violence, looting, arson, and the destruction of personal and real property; and
WHEREAS, during a local emergency, Government Code Section 8634 and San Mateo Ordinance Code Section 2.46.060(a)(6)(a) authorize the Director of Emergency Services to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by any conditions proclaimed; and
WHEREAS, San Mateo Ordinance Code Section 2.46.070 authorizes the Director of Emergency Services to declare a general curfew for not more than 72 hours in the area(s) where emergency conditions have been proclaimed to exist and limited to the hours the Director finds and publicly declares to be necessary for the protection of persons and property; and
WHEREAS, the County is aware of specific threats of civil unrest, including plans to conduct coordinated looting, property damage, and other violent activities at various retail locations across the County beginning on the night of June 2, 2020, and these threats pose imminent danger to life and property and make it especially difficult to preserve public safety during the hours for which a curfew is imposed hereunder.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED THAT:
- A curfew is hereby imposed county-wide, within all of the incorporated and unincorporated areas of San Mateo County, in order to preserve the public order and safety.
- It shall be unlawful for any person, other than those set forth in Paragraph 3 below, to be upon any public street, avenue, boulevard, place, walkway, alley, or park, or to otherwise be in any public area or unimproved private realty within the County between the hours of 8:30 p.m. through 5:00 a.m. from June 2, 2020 to June 4, 2020.
- This Order shall not apply to the following individuals:peace officers; fire fighters; emergency operations personnel; the National Guard or other military personnel deployed to the area;individuals traveling to and from work;authorized members of the media;individuals traveling to and from the airport;individuals experiencing homelessness and without access to a viable shelter; andindividuals seeking medical attention or providing necessary care for another individual in another household.
- Any violation of this curfew Order is a misdemeanor punishable by imprisonment of up to six (6) months in jail, a fine of up to five hundred ($500) dollars, or both, as provided by Section 2.46.120 of the San Mateo County Ordinance Code.
- If the terms of the County’s curfew Order are more stringent (e.g., that the start time of the County-imposed curfew is earlier or the end time is later) than any city’s local curfew order, the County’s curfew shall apply within and supersede the city’s local order only to the extent that the County-imposed curfew is more stringent.
- Nothing herein is intended to or shall be interpreted to allow any activity that is not allowed under all operative San Mateo County Public Health Orders.
- The County may renew, amend, or extend this Order in accordance with Section 8634 of the California Government Code.
IT IS FURTHER PROCLAIMED AND ORDERED that this curfew Order shall be effective immediately, with the curfew commencing at 8:30 p.m. on June 2, 2020, and extending until 5:00 a.m. on June 4, 2020, unless otherwise renewed, amended, or extended.
Dated: June 2, 2020
Director of Emergency Services
County of San Mateo