HomeMy WebLinkAboutOrange County State of Emergency Declaration - March 25 2020 �nsr (rot
Penny Rich, Chair
Renee Price, vice-Chair Orange County Board of Commissioners
Jamezetta Bedford Post Office Box 8181
Mark Dorosin 17 52
Sally Greene 200 South Cameron Street
Mark Marcoplos Hillsborough, North Carolina, 27278
Earl McKee
IS
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DECLARATION OF AN ORANGE COUNTY STATE OF EMERGENCY
TO ORDER THE PUBLIC TO STAY AT HOME IN ORDER TO SLOW
THE FURTHER SPREAD OF COVID-19
WHEREAS, the novel coronavirus disease-2019 (COVID-19) is a disease spreading across the
globe causing flu-like symptoms, but with a significantly higher rate of death, particularly among
those who are elderly or medically vulnerable;and
WHEREAS,the first COVID-19 case detected in the United States on January 21, 2020,and the
first case was confirmed in North Carolina on March 3, 2020; and
WHEREAS, on January 31, 2020, Health and Human Services Secretary, Alex M. Azar, II,
declared COVID-19 to be a public health emergency in the United States; and
WHEREAS, on March 10, 2020, in order to address and mitigate the threat of COVID-19 to
vulnerable populations and to slow the spread of COVID-19 in North Carolina, Governor Roy Cooper
declared a state of emergency in North Carolina; and
WHEREAS, on March 13, 2020, Orange County and the Towns of Carrboro, Chapel Hill, and
Hillsborough declared states of emergency; and
WHEREAS, on March 13, 2020, President Trump declared the COVID-19 pandemic to be a
national emergency; and
WHEREAS, the North Carolina General Assembly has adopted Article 1A of Chapter 166A of
the General Statutes, entitled "North Carolina Emergency Management Act", which sets forth the
authority and responsibility of the Governor, State agencies, and local governments in prevention of,
preparation for, response to, and recovery from natural or man -made emergencies; and
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WHEREAS, G.S. §166A-19.22, which is part of the North Carolina Emergency Management
Act, authorizes cities to declare a state of emergency under conditions and following procedures
contained in G.S. §166A-19.22; and
WHEREAS, in Orange County, the powers to declare a state of emergency have been
delegated to the Chair of the Board of Commissioners in accordance with G.S. §166A-19.22(a), and in
Article II of Chapter 14 of the Orange County Code of General Ordinances; and
WHEREAS, since execution of the March 13, 2020 Declaration of a State of Emergency and
over the week prior to the execution of this March 25, 2020 Declaration of a State of Emergency
("Declaration") the number of individuals testing positive for COVID-19 has continued to increase in
Orange County from 0 confirmed cases on March 18t"to 13 confirmed cases on March 25t"; and
WHEREAS, since execution of these proclamations, the neighboring City of Durham
continues to confirm new cases of the virus every day, and Durham County Health Officials indicate
that as of March 24, 2020,there are 70 cases that have been identified in the County of Durham with
roughly 8% of those cases now attributable to community spread, and the vast majority of those
cases actually located within the City's jurisdictional boundaries, that Wake County has indicated it
has 67 cases, that Chatham County has 6 confirmed cases, Alamance County has 2 confirmed cases,
and Person County has indicated 1 confirmed case; and
WHEREAS, there is substantial travel between Orange County and the above-referenced
communities that could lead to increased COVID-19 cases in Orange County; and
WHEREAS, neither the restrictions imposed by the Declaration, nor increasing recommended
and mandatory restrictions imposed by the Governor and the President of the United States, have
slowed the growth in the incidence of COVID-19 within Orange county, adjacent cities and counties,
or in the State of North Carolina; and
WHEREAS, in areas battling COVID-19, there is a severe shortage of medical supplies for
health care workers and basic equipment to help the public avoid transmitting the disease; and
WHEREAS,the Public Health Director of Orange County has determined it is essential to slow
the community spread of COVID-19, that a Stay at Home order is critical to and will aid in slowing
community spread, that such an order will provide relief to UNC Hospitals by limiting a surge in
COVID-19 cases and reducing the number of new cases requiring treatment and hospitalization, that
such an order will further protect the public health and welfare, and that such an order is both
reasonable and necessary to remediate these critical issues; and
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WHEREAS, the Emergency Services Director of Orange County has determined that the
healthcare system in Orange County could be overwhelmed, that the greater the number of possible
COVID-19 cases the greater the need for personal protective equipment, of which there is a shortage
throughout the nation, that the risk of exposure to first responders, medical providers, law
enforcement officers increases with the risk of community spread of COVID-19, and that a Stay at
Home order is both reasonable and necessary to remediate these critical issues; and
WHEREAS, many individuals who contract the virus display no symptoms or have mild
symptoms which means they may not be aware they carry the virus. People without symptoms can
transmit the disease and because evidence shows the disease is easily spread, mass gatherings can
result in further transmissions of the virus; and
WHEREAS, as a result of this ongoing public health emergency, if further action is not taken
to slow the spread of COVID-19 within Orange County, there is an imminent threat of, or existing
conditions have caused or will cause, widespread or severe damage, injury, or loss of life or property,
and public safety authorities may be unable to maintain public order or afford adequate protection
for lives or property;
WHEREAS, the undersigned has determined that the additional restrictions and prohibitions
identified below are necessary to slow the rate of the spread of COVID-19 and are the least
restrictive based upon the current evidence; and
WHEREAS, in addition to consulting with the Public Health Director, the Emergency Services
Director, and the Sheriff of Orange County the undersigned has consulted with the Mayors of
Carrboro, Chapel Hill, and Hillsborough (hereafter the "Towns") and been informed that the Mayors
are in support of this order to Stay at Home and intend to adopt same to be applicable within the
jurisdictions of each Town.
NOW THEREFORE IT IS DECLARED THAT, the above recitals are incorporated herein and the
following outlines a "Stay at Home" Order, which is to ensure that the maximum number of people
self-isolate in their places of residence to the maximum extent feasible, while enabling essential
services to continue to slow the spread of COVID-19 to the maximum extent possible.
Section 1. The previously ordered Declaration of State of Emergency in Orange County on
March 13, 2020 will continue in full force and effect.
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Section 2. The emergency area for this Declaration is the territorial area of Orange County
including the Towns situated within Orange County.
Section 3. North Carolina General Statute 166A-19.31 and Article II of Chapter 14 of the
Orange County Code of General Ordinances authorizes Orange County to enact a variety of
restrictions and prohibitions as this evolving situation warrants. In accordance therewith, in addition
to the restrictions in Governor Cooper's Executive Orders 117-120,the following is ORDERED:
A. STAY AT HOME. Except as allowed in this order, all individuals in Orange County are
prohibited from (i) being or traveling upon any street, alley, or roadway or upon public
property, or (ii) participating or carrying on any business activity, or keeping open places of
business or entertainment and any other place of public assembly.
Individuals whose residences are unsafe or become unsafe, such as victims of domestic
violence, are permitted and urged to leave their home and stay at a safe alternative location.
Individuals experiencing homelessness are exempt from this directive, but are strongly urged
to obtain shelter, and governmental and other entities are strongly urged to make such
shelter available as soon as possible and to the maximum extent practicable (and to use in
their operation COVID-19 risk mitigation practices recommended by the U.S. Centers for
Disease Control and Prevention (CDC)).
For the purposes of this Order, homes or residences include hotels, motels, shared rental
units, shelters, and similar facilities.
B. PROHIBITED ACTIVITIES. All public and private gatherings of more than ten (10) people are
prohibited, except for the limited purposes permitted by this Order. A gathering does not
include an outdoor gathering so long as individuals are in compliance with the Physical
Distancing Requirements set out below. Nothing herein prohibits the gathering of members of a
singular household or singular residence.
The following are closed to the public: Indoor or outdoor locations with amusement rides,
carnivals, amusement parks, museums, arcades,fairs, children's play centers, public or private
playgrounds, skate parks, recreation centers, bowling alleys, movie and other theaters,
concert and music halls,and social clubs shall be closed to the public.
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C. ESSENTIAL ACTIVITIES. The following Essential Activities are excluded from the "Stay at Home"
provisions of Section 3(A) above and the ten (10) or more people gathering prohibition in 3(B)
above so long as Physical Distance Requirements are met:
1. Health and Safety.To engage in activities or perform tasks essential to their health and
safety, or to the health and safety of their family or household members or persons
who are unable or should not leave their home (including, but not limited to, pets),
such as, by way of example only and without limitation, seeking emergency services,
obtaining medical supplies or medication, or visiting a health care professional.
2. Necessary Supplies and Services. To obtain necessary services or supplies for
themselves and their family or household members or persons who are unable or
should not leave their home, or to deliver those services or supplies to others, such as,
by way of example only and without limitation, groceries and food, household
consumer products, supplies they need to work from home, automobile supplies
(including dealers, parts, supplies, repair and maintenance), and products necessary to
maintain the safety, sanitation, and essential operation of residences.
3. Outdoor Activity. To engage in outdoor activity, such as, by way of example, but not
limited to, walking, hiking, running, or biking. Individuals may go to public parks, open
outdoor recreation areas (whether public or private), and utilize public right of way;
provided, however, that individuals comply with the Physical Distancing Requirements
defined below; and provided further, that public and private playgrounds may increase
spread of COVID-19, and therefore shall be closed.
4. Permitted Business Functions.To perform work as permitted herein.
5. To Take Care of Others. To care for a family member, friend, or pet in another
household, and to transport family members,friends, or pets as allowed by this Order.
D. PHYSICAL DISTANCING REQUIREMENTS. Any person who leaves their place of residence, shall
at all times reasonably comply with the CDC recommendation to maintain at least a six-foot
distance between themselves and any other individual, except as reasonably necessary to
perform Essential Activities.
E. LIMITATIONS ON BUSINESS OPERATIONS. All businesses and operations in the emergency area
of Orange County, except as allowed herein, are required to cease. "Business" means any for-
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profit, non-profit, or private educational entity, regardless of the nature of the service or
function it performs, or of the organization's corporate or entity structure.
1. Working from Home. Businesses may continue any operations consisting exclusively of
employees or contractors performing activities at their own residences.
2. Essential Businesses and Operations. The following businesses, activities, and functions
are not prohibited from operating and are encouraged to operate and remain open to
the public, provided that they enforce, to the extent reasonably possible, Physical
Distancing Requirements and meet any other requirements in this Order.
a. CISA List. On March 19, 2020, the U.S. Department of Homeland Security,
Cybersecurity Infrastructure &Security Agency(CISA), issued a Memorandum on
Identification of Essential Critical Infrastructure Workers During COVID-19
Response. The definition of Essential Businesses in this Order includes all the
workers identified in that Memorandum.
b. Businesses that sell, produce, or distribute groceries, medicine, or essential
household goods. Grocery stores, farms, farmers' markets, farm and produce
stands, food banks, convenience stores, and other businesses, whether retail or
wholesale, engaged in the sale, production, or distribution of canned food, dry
goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry,
and any other essential household consumer product or food necessary to
maintaining the safety, sanitation, and essential operation of residences or
businesses permitted to operate and ordered herein.
C. Human Services Operations. For purposes of this Order, individuals may leave
their residence to work for or obtain services that are not available via online or
mail-in applications, and telephone interviews at any Human Services
Operations.
Human Services Operations include, but are not limited to: long-term care
facilities; residential settings and shelters for adults, seniors, children, and/or
people with developmental disabilities, intellectual disabilities, substance use
disorders, and/or mental illness; transitional facilities; home-based settings to
provide services to individuals with physical, intellectual, and/or developmental
disabilities, seniors, adults, and children; field offices that provide and help to
determine eligibility for basic needs including food, cash assistance, medical
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coverage, child care, vocational services, rehabilitation services; developmental
centers; adoption agencies; businesses that provide food, shelter, and social
services, and other necessities of life for economically disadvantaged
individuals, individuals with physical, intellectual, and/or developmental
disabilities,vulnerable populations, or otherwise needy individuals.
Human Services Operations shall be construed broadly to avoid any impacts to
the delivery of human services, broadly defined.
d. Healthcare and public health operations. Hospitals, medical clinics, dental
clinics, eye care clinics, urgent care facilities, and other healthcare providers, to
the extent their services cannot be provided virtually, which is the preferred
alternative. To avoid any impact on delivery of healthcare, this term shall be
broadly defined, but shall not include fitness and exercise gyms, spas, salons,
barber shops,tattoo parlors, and similar facilities, and further it shall not include
any prohibited business or activity covered by any order of the Governor or
other entity having jurisdiction over Orange County.
e. Media and communication services and products. Newspapers, television,
radio, and other media services, internet, video, and telecommunications
systems, computing services, and web-based services.
f. Gas stations and businesses needed for transportation. Gas stations and auto
supply, auto, farm equipment, and construction equipment repair and related
facilities, bicycle shops and related facilities.
g. Financial and insurance institutions. Banks, currency exchanges, consumer
lenders, pawnbrokers, credit unions, appraisers, title companies, financial
markets, trading and futures exchanges, payday lenders, affiliates of financial
institutions, entities that issue bonds, related financial institutions, institutions
selling financial products, insurance companies, underwriters, agents, brokers,
and related insurance claims and agency services, where such services cannot
be provided online or digitally, which is the preferred alternative, and provided
said institutions observe and implement physical distancing practices in the
provision of in-person services.
h. Hardware and supply stores. Hardware stores and businesses that sell
electrical, plumbing, and heating material.
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i. Critical trades. Building and Construction Trades, and other related trades,
including but not limited to, plumbers, electricians, exterminators, cleaning and
janitorial staff for commercial and governmental properties, security staff,
operating engineers, HVAC, painting, moving and relocation services, and other
service providers who provide services that are necessary to maintaining the
safety, sanitation, and essential operation of residences, Essential Activities, and
Essential Businesses and Operations.
j. Mail, post, shipping, logistics,delivery, and pick-up services. Post offices and
other businesses that provide shipping and delivery services, and businesses
that ship or deliver groceries,food, goods,vehicles or services to end users or
through commercial channels.
k. Educational institutions. Public and private preK-12 schools, colleges and
universities for purposes of facilitating distance learning, performing critical
research, or performing essential functions, provided that physical distancing of
at least six-feet per person is maintained to the extent possible. This is
consistent with and does not amend or supersede other Orders regarding
school closures.
I. Laundry services. Laundromats, dry cleaners, industrial laundry services, and
laundry service providers.
M. Restaurants for consumption off-premises. Restaurants and other facilities that
prepare and serve food, but only for consumption off-premises, through such
means as in-house delivery, third-party delivery, drive-through, curbside pick-
up, and carry-out. Schools and other entities that typically provide food services
to students or members of the public may continue to do so under this Order on
the condition that the food is provided to students or members of the public on
a pick-up and takeaway basis only. Schools and other entities that provide food
services under this exemption shall not permit the food to be eaten at the site
where it is provided, or at any other gathering site due to the virus's propensity
to physically impact surfaces and personal property. This is consistent with and
does not amend or supersede other Orders regarding the closure of restaurants.
n. Services and supplies for Essential Businesses, Essential Government Services,
or Minimal Basic Operations. Businesses that sell, manufacture, or supply
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support or materials needed to enable Essential Businesses, Essential
Government Services, or Minimum Basic Operations, as such terms are defined
herein.
o. Transportation. Airlines, taxis, transportation network providers (such as Uber
and Lyft), vehicle rental services, paratransit, and other private, public, and
commercial transportation and logistics providers necessary for Essential
Activities and other purposes expressly authorized in this Order.
P. Home-based care and services. For adults, seniors, children, and/or people with
disabilities, substance abuse, and/or mental illness, including caregivers who
may travel to the child's home and other in-home services, such as meal
delivery.
q. Residential facilities or shelters. For adults, seniors, children, pets, disabled
persons, substance abuse, and/or mental illness.
r. Professional services. Professional services, such as legal services, accounting
services, insurance services, real estate services, notary services, payroll and
employee benefit services, when necessary to assist in compliance with legally
mandated activities, for the functioning and operation of critical infrastructure
sector services, or where failure to provide such services during the time of this
Order would result in significant prejudice. Any of the aforesaid professional
services provided in person shall observe Physical Distancing Requirements.
S. Childcare facilities. Childcare for specific employees exempted by this Order, as
well as Childcare facilities providing services that enable first responders,
healthcare workers, public health, HHS staff and others responding to COVID-
19.
t. Hotels and motels. Hotels and motels, to the extent used for lodging and
delivery or carry-out food services.
U. Funeral services. Funeral, mortuary, cremation, burial, cemetery, and related
services.
3. Outdoor Businesses or Services. Until otherwise ordered, those businesses that operate
primarily outdoors or in structures under construction (e.g., construction related
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contractors, lawn maintenance, equipment repair or maintenance, etc.), and that
consistently practice Physical Distancing Requirements, are permitted to operate as if
they were an Essential Business.
4. Alternate Offering of Non-Essential Goods and Services. Any business providing non-
essential goods and services may continue to operate, provided they do so via curbside,
delivery, mail order, or virtual/web service only, with no in-store customer traffic, and
provided further they otherwise comply with this Order, any order from the President or
federal government, any order from the Governor or state government, and any other
order from any local government having proper jurisdiction within Orange County. This
provision is to be read in harmony with any other applicable orders, and shall not permit
any business to operate that is otherwise prohibited by another lawful order from
another government entity having proper jurisdiction in Orange County.
5. Minimum Basic Operations for All Businesses,facilities, and other entities. Provided they
comply with Physical Distancing Requirements, any business, facility, or other entity
may have staff present to perform the following Minimum Basic Operations, which
includes performing:
a. Minimum activity needed to maintain value of inventory, ensure security,
process payroll and benefits, or for related functions;
b. Minimum activity to perform or maintain any function permitted by this Order;
or
C. Minimum activity needed to facilitate employees working from home.
F. ESSENTIAL GOVERNMENT SERVICES. Federal, state, and local governments (including law
enforcement authorities, educational institutions, housing authorities, and transportation
authorities) shall continue services classified as "essential" by the respective unit of government
in a manner to be determined by those governments, institutions, and authorities.
G. NURSING HOMES, LONG TERM CARE FACILITIES, AND ASSISTED LIVING FACILITIES (OPERATED
PURSUANT TO N.C.G.S. CHAPTER 131E,ARTICLE 6)
1. Owners, administrators, operators, staff, contractors, and volunteers of nursing
homes, long term care and assisted living facilities are prohibited from allowing
residents, customers, clients, or visitors from assembly in spaces that do not permit
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appropriate physical distancing which consists of separation of 6 feet or more between
each individual.
2. Owners, administrators, operators, staff, contractors, and volunteers of nursing
homes, long term care and assisted living facilities are prohibited from allowing a
person to enter the facility and visit a resident unless each of the following criteria are
met: (1) the visitor is an adult, (2) the resident has not already had a visitor that day;
and (3) the visit takes place in the resident's room. This prohibition does not apply to
end of life situations.
3. No person is allowed to visit a resident of a nursing home, long term care or assisted
living facility unless the visitor has been screened prior to entry for signs and
symptoms of COVID-19 including the following: fever of 100.4 or higher, cough, or
difficulty breathing, contact in preceding 14 days with a person who has a confirmed
diagnosis of COVID-19 or who is under investigation for COVID-19. All visitors may be
required to take precautionary measures including, but not limited to, physical
distancing or wearing personal protective equipment.
4. No person is allowed to visit a resident of a nursing home, long term care or an
assisted living facility unless the visitor shows identification, signs into a visitor's log
that includes the date and time in and time out, and provides their name and contact
information, including phone number and email if available.
5. Operators and staff of nursing homes, long term care and assisted living facilities are
prohibited from destroying each day's visitor log for a period of 30 days from that day.
6. Owners, administrators and operators shall ensure adequate staffing to manage all
occupants of the facility to include lifting and moving uninjured occupants.
Section 4. All residents, visitors, businesses, and establishments within the emergency area of
Orange County are encouraged to follow any and all directives and recommendations set forth by the
United States Federal Government and its designated agencies, the North Carolina Governor's office,
the North Carolina Department of Health and Human Services, the Orange County Department of
Public Health, and any other government agency having proper jurisdiction to address this
emergency within Orange County.
Section 5. It is hereby ordered that all Orange County sworn law enforcement officers,
emergency response personnel, and all other Orange County employees cooperate in the
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enforcement and implementation of the provisions of this Declaration, the Declaration of State of
Emergency in Orange County of March 13, 2020, all applicable local ordinances, state, and federal
laws, and Orange County Emergency Operations Plan.
Section 6. It is hereby ordered that the prohibitions and restrictions imposed by the
Declaration of State of Emergency in Orange County of March 13, 2020, shall instead continue and
remain in effect until modified or rescinded.
Section 7. A copy of this Declaration shall be provided to the County's Clerk. Reports of the
substance of its prohibitions and restrictions shall be sent immediately to the mass communications
media serving the County. As soon as practicable, the full text of this Declaration shall be distributed
to the mass communications media serving the County.
Section 8. This Declaration does not apply to the United States government, the State of
North Carolina, including its departments, agencies, boards (including the Orange County Board of
Elections), and commissions, the University of North Carolina and all of its constituent institutions,
and the University of North Carolina Health Care System.
Section 9. Should any section or provision of this Declaration be declared unlawful such
provision shall be severed and the remaining sections and provisions shall remain in full force and
effect.
Section 10. This Declaration shall take effect on March 27, 2020 at 6:00 p.m., and shall, along
with the preceding Declaration related to the emergency prompted by COVID-19, remain in effect
until April 30, 2020 at 5:00 p.m. This Declaration of Stay at Home Order shall be reviewed
periodically to determine whether it should be extended, modified, or rescinded.
Signed at this date and time: March 26, 2020,at 10:00 a.m.
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Penny Rich,Chair
Orange County Board of Commissioners
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