NEW CHALLENGE OF ENFORCEMENT
County can impose fines for businesses disobeying health orders related to COVID-19
When Yolo County first ordered residents to shelter in place — enacting numerous health guidelines to prevent the spread of COVID-19 — local businesses suffered.
Some were hit harder than others but layoffs were common.
Some Woodland business owners, such as Juan Barajas of Savory Cafe, initially laid off their entire staff. Others were quick to offer curbside pick-up, keeping on a handful of their employees to fill orders.
As Yolo County slowly eased coronavirus-related restrictions, many restaurant owners were able to adjust their methods further until eventually they were able to have people dine indoors as long as the tables were spaced far enough apart and staff and guests wore face coverings.
However, prior to the Fourth of July holiday, the county reversed course on local businesses once again.
Due to the expected uptick in coronavirus cases, the county preemptively closed down all bars and breweries as well as in
door dining and numerous other indoor activities. This move was made because Yolo County was nearing the threshold for state monitoring. As expected, the county was added to this coronavirus watch list on Wednesday, which would have meant ordering the same closures made earlier this month.
While some restaurants have reverted to their earlier tactics of offering take out and outside dining, which is still permitted, their latest challenge is just beginning.
The Board of Supervisors earlier this past week approved an urgency ordinance aimed at enforcing coronavirus guidelines — primarily by imposing fines ranging from $25 to $10,000.
Specifically, non-commercial violators face between $25 to $500 while commercial violators, such as local businesses, face between $250 to $10,000 for disobeying county health orders.
County Counsel Phil Pogledich told supervisors via teleconference that the ordinance was aimed at the “tough 10 percent of businesses or organizations or individuals that simply don’t want to come into compliance.”
“It is not convenient for them,” he explained. “It’s too expensive for them. There are a host of reasons as to why they are not coming into compliance. So it’s that tough 10 percent that this ordinance is targeted toward.”
The urgency ordinance, adopted Tuesday, will be primarily complaint-driven. County staff will not be patrolling local areas looking for businesses not wearing masks, Pogledich clarified.
The ordinance “allows for a code enforcement officer, an environmental health investigator, a peace officer acting on behalf of the county to write a citation on the spot to a business that would impose a civil penalty for them for a violation or more than one violation,” he explained.
Having a county ordinance “keeps local control” over the issue instead of involving law enforcement and imposing misdemeanor charges, which was one route the county could have taken. The ordinance allows for enforcement in both the unincorporated areas of Yolo County as well as its cities.
The fines make such violations for local businesses expensive during a time of financial instability due to a global pandemic.
While language within the ordinance allows for policing of individuals, Pogledich said it is unlikely it will be used that way. If it is, they will be subject to the lower end of the fine spectrum.
Supervisor Jim Provenza
noted he would prefer county officials try to educate businesses before writing citations — a grace period within the ordinance supports this — but understands the importance of deterrence when public health and safety is at risk.
“If somebody consistently speeds what is the disincentive?” he asked, rhetorically. “The disincentive is you might get a ticket and it is not that likely that you’re going to get stopped even if you speed all the time, but the fact that you might and you pay a fine deters many people or at least gets them to violate it a little bit less so I think it’s important that we have this tool.”
A lack of face coverings is contributing to the spread of the coronavirus and we are having very high rates, he noted. It was the high COVID-19 numbers that necessitated the ordinance.
“We have to across the board deal with this or else we’ll be dealing with an even more serious situation two weeks or a month from now,” Provenza concluded.
“It is not convenient for them. It’s too expensive for them. There are a host of reasons as to why they are not coming into compliance. So it’s that tough 10 percent that this ordinance is targeted toward.” — Phil Pogledich, county counsel
Contact reporter Sarah Dowling at 530-406-6234.