ORDINANCE NO. 2022-04
AN ORDINANCE ADDING CHAPTER 5.03 TO TITLE 5 OF THE CITY COUNCIL OF THE CITY OF HESPERIA, GRANTING BUSINESSES AUTONOMOUS CHOICE IN REQUIRING PROOF OF VACCINATION AND/OR MASKS IN THEIR ESTABLISHMENT WHEREAS, the State of California has not imposed an outright vaccine mandate for businesses and patrons; and WHEREAS, as of February 16, 2022, California Health Officials lifted the statewide COVID-19 indoor mask mandate for vaccinated individuals; and WHEREAS, businesses and individuals in the City of Hesperia have been adversely impacted by the State’s overreach of its unpredictable vaccination and mask mandates; and WHEREAS, the City of Hesperia seeks to protect the liberties and freedom of its businesses and constituents; and WHEREAS, there is no current requirement for the City of Hesperia to adopt or implement proof of vaccination or mask mandates; and WHEREAS, the City Council now desires to adopt this Ordinance to grant businesses autonomous choice in requiring proof of vaccination and/or masks in their establishment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. All the facts set forth in the forgoing recitals are true, correct and are adopted as findings.
SECTION 2. Title 5, Chapter 5.03 of the Hesperia Municipal Code is hereby adopted as set forth in Exhibit “A”, attached hereto.
SECTION 3. Severability. If any provision(s) of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
SECTION 4. Posting. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council and shall cause a copy of this ordinance to be published or posted in accordance with Government Code section 36933 as required by law.
SECTION 5. Effective Date. This ordinance shall be effective thirty (30) days following its adoption.
ADOPTED AND APPROVED this 15th day of March 2022.
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Brigit Bennington, Mayor
ATTEST:
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Erin Baum, Assistant City Clerk
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