2.50.040 Rule and regulation adoption authority.
A. The Director of Health, Housing and Community Services, subject to the approval of the City Manager, shall have authority to adopt rules and regulations for the prevention of disease and the promotion of health in the City.
B. The City of Berkeley Public Health Officer shall have authority to adopt rules, regulations, and orders pursuant to the authority granted under Health and Safety Code Sections 120175 through 120250.
1. The Health Officer and their designees shall have authority to enforce all such rules, regulations, and orders. Violation of any order issued by the Health Officer shall be subject to administrative citation under Chapter 1.28.
2. The City Manager may, upon request of any person receiving a citation under this Paragraph, waive the requirement to pay an administrative penalty upon a demonstration that payment of the penalty would result in undue financial burden or hardship. The person requesting a waiver of the administrative penalty must demonstrate that the condition leading to the violation of the Health Officer order has been corrected.
3. When enforcing a Health Officer order related to controlling the transmission of SARS-CoV-2 (“COVID-19”), it shall be the policy of the City of Berkeley to prioritize enforcement of violations occurring indoors or at outdoor gatherings of twelve of more people, and to further prioritize the use of written warnings and progressive fines associated with citations to achieve compliance with the order, to the greatest extent practicable. (Ord. 7732-NS § 1, 2020: Ord. 7227-NS § 1 (part), 2012)