20.062 An Order Temporarily Suspending the Effect of Certain Ordinances in Response to Efforts to Reopen RestaurantsCity of Northampton
MASSACHUSETTS
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In City Council, June 4, 2020
Upon the recommendation of Mayor David J. Narkewicz
O-20.062 AN ORDER TEMPORARILY SUSPENDING THE EFFECT OF CERTAIN ORDINANCES IN
RESPONSE TO EFFORTS TO REOPEN RESTAURANTS IN COMPLIANCE WITH THE REQUIREMENTS OF
COVID SAFE SOCIAL DISTANCING
WHEREAS, a sudden, generally unexpected occurrence of circumstances demanding public
action has arisen worldwide, including in the city of Northampton, due to the
Coronavirus/Covid-19 pandemic (“the pandemic”); and
WHEREAS, on March 10, 2020, the Governor of the Commonwealth of Massachusetts declared a State of Emergency in the Commonwealth of Massachusetts due to the pandemic; and
WHEREAS, on March 16, 2020, the Mayor of the City of Northampton declared a State of
Emergency in the City of Northampton due to the pandemic; and
WHEREAS, on March 20, 2020, the Northampton Board of Health declared a State of
Emergency in the City of Northampton due to the pandemic; and
WHEREAS, on March 15, 2020, Governor Baker issued an Order prohibiting on-premises
consumption of food or drink; and
WHEREAS, on June 1, 2020, the Governor issued his four-phase plan for Reopening
Massachusetts, which includes outdoor restaurant table service in Phase II; and
WHEREAS, in order to facilitate the reopening of restaurants with outdoor-only table service,
restaurants in certain zones of the city, as depicted on the plan entitled “Covid-19 Restaurant
Response Zones,” may need to include contiguous and non-contiguous outdoor areas,
including some within public ways and some on other property of the city; and
WHEREAS, Phase II of Reopening Massachusetts is tentatively scheduled to commence on
June 8, 2020; and
WHEREAS, the city council finds that encouraging, promoting and facilitating the reopening
of restaurants in the Covid-19 Restaurant Response Zones by temporarily allowing certain
activities to take place within public ways and on other public property that would not
otherwise be allowed absent the state of emergency, in order to allow orderly opening of
restaurants consistent with the requirements of the Governor’s Phase II Order, is in the public
interest.
NOW, THEREFORE, the Northampton City Council orders as follows:
1. Notwithstanding any Order of the city council to the contrary, within the areas depicted on
the plan entitled “Covid-19 Restaurant Response Zones” (“the zones”), the City Council
hereby authorizes the change of use of any property within the public way or on other city
property (“city property”) to outdoor restaurant table service seating (“the outdoor table
service areas”).
2. The Mayor shall, in his discretion, designate the locations of outdoor table service areas,
may enter into such licenses, easements, agreements and other instruments as he deems
necessary, may designate rules and regulations for the use of the outdoor table service
areas, and may take such other action as he deems necessary to effectuate this Order.
3. With regard to the outdoor table service areas and ancillary areas within the adjacent
zones, § 120-1; § 285-5; § 285-8; § 285-11; § 285-29 and c. 303, are hereby suspended to
the extent necessary, in the Mayor’s discretion, in order to effectuate the intent of this
Order:
4. Notwithstanding the Schedules set forth in Article XII, parking spaces in the zones may
be re-designated as outdoor table service areas, in the Mayor’s discretion, and the Mayor
may designate other areas within the public way as parking in lieu of spaces re-designated
as outdoor table service areas.
5. Notwithstanding the foregoing enumeration of ordinances, the intent of this Order is to
suspend temporarily, to the extent necessary, those ordinances that would inhibit, interfere
with, or prohibit the conversion of city property within the zones to outdoor table service
areas.
6. This Order shall lapse on November 15, 2020 or upon the lifting of the Governor’s
declared state of emergency, whichever occurs sooner, without further action by the city
council. Thereupon, all ordinances suspended in whole or in part hereunder shall revert to
their full force and effect immediately preceding this Order.
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Date: 6/1/2020Covid-19 Restaurant
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Date: 6/1/2020
Covid-19 Restaurant
Response Zones
20.062
In City Council, June 4, 2020
Passed First Reading on Roll Call Vote of 8 Yes, 0 No, 1 Absent (Councilor LaBarge)
Attest: __________________________________________________, Clerk of Council
In City Council, June 4, 2020
Passed Second Reading on Roll Call Vote of 8 Yes, 0 No,1 Absent (Councilor LaBarge)
Attest: ___________________________________________________, Clerk of Council
Approved: David J. Narkewicz, Mayor
Rules suspended, passed two readings and enrolled.
I hereby certify that the above Order passed the Northampton City Council on June 4, 2020
David J. Narkewicz, Mayor approved the Order on June 9, 2020
Attest: ___________________________________________________, Clerk of Council