BILL NO. 032620A                                                                                  ORDINANCE NO. ___989____

 

AN ORDINANCE DIRECTING A STAY AT HOME ORDER EXCEPT EXEMPT OPERATIONS OUTLINED IN EXHIBIT A IN THE CORPORATE CITY LIMITS OF THE CITY OF ROGERSVILLE DURING THE DURATION OF THE MAYORS PROCLAMATION OF CIVIL EMERGENCY DATED MARCH 17TH, 2020, OR ANY EXTENSION THEREOF; AUTHORIZING THE MAYOR TO ISSUE AN ORDER AMENDING WHICH PUBLIC GATHERINGS ARE PROHIBITED TO PROTECT PUBLIC HEALTH; ESTABLISHING A PENALTY FOR VIOLATING THE PROHIBITION; AND DECLARING AN EMERGENCY PURSUANT TO CITY OF ROGERSVILLE CODE SECTION 225.010.

 

WHEREAS, on March 17, 2020 the City of Rogersville Board of Alderman passed a Bill# 987, prohibiting public gatherings of 50 or more persons with certain exceptions, and the Board of Alderman subsequently entered a Bill on March 20, 2020 declaring a public health emergency to address the 2019 novel coronavirus (COVID-19) prohibiting public events of 10 or more people; and,

 

WHEREAS, in December 2019, medical professionals detected a novel coronavirus, now designated as “SARS-CoV-2,” which causes a disease known as “coronavirus disease 2019” abbreviated and popularly known as “COVID-19”; and

 

WHEREAS, on January 30, 2020, the World Health Organization Director General declared an outbreak of COVID-19 as a Public Health Emergency of International Concern, advising countries to prepare for containment, detection, isolation and case management, contact tracing and prevention of onward spread of the disease; and

 

WHEREAS, on March 11, 2020, the World Health Organization Director General

characterized COVID-19 as a pandemic; and

 

WHEREAS, on March 13, the President of the United States declared the COVID-19 outbreak a national emergency; and

 

WHEREAS, COVID-19 is spread person to person through direct or close proximate contact and presents an imminent threat of widespread illness; and

 

WHEREAS, the Director of the Springfield-Greene County Health Department as of March 24, 2020 has advised the Greene County Commission that there have been 17 confirmed positive cases of COVID-19 in Greene County including one death; and

 

WHEREAS, Greene County, Christian County, Webster County, and several of their constituent municipalities subsequently adopted more stringent Orders, described as “Stay-At-Home” Orders, which generally discourage discretionary activities during set periods of time; and

 

 

WHEREAS, the Centers for Disease Control and Prevention (“CDC”) has recommended the cancellation or suspension of public gatherings of 10 individuals or more with the exception of educational institutions, daycare facilities, and business operations, and Governor Parson, on March 15, 2020, has encouraged local  governments to provide the same guidance; and

 

WHEREAS, on March 17, 2020, the Mayor declared a civil emergency because of the threat COVID-19 poses to the public health.

 

 

 

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY OF ROGERSVILLE, MISSOURI AS FOLLOWS:

 

Section 1 – A “public gathering” for purposes of this Ordinance shall be defined as a planned

or spontaneous event with a number of people in attendance that could facilitate the spread

of a communicable disease.

 

Section 2 – Board of Alderman hereby prohibits any public gathering of 10 or more persons except for educational institutions, daycare facilities, and business operations out lined in Exhibit A in the corporate limits of the City of Rogersville during the duration of the Mayor’s proclamation of civil emergency dated March 17, 2020, or any extension thereof.

 

Section 3 – During the duration of the Mayor’s proclamation of civil emergency dated March 17, 2020, or any extension thereof, Board of Alderman hereby authorizes the Mayor, after consultation with appropriate city, county, and state officials as determined within his discretion, to issue an order amending which public gatherings are prohibited, either in number or in type, if in his judgment the prohibition should be amended to protect public health.

 

Section 4 – No person shall fail, neglect, or refuse to comply with, or in any manner aid, assist, encourage or countenance the commission or perpetration of a violation of the prohibition in this Ordinance or any subsequent order regarding public gatherings issued by the Mayor during the time said proclamation of civil emergency, or any extension thereof, shall be in effect. Any person who shall violate this provision shall, upon conviction, be punished as provided by City of Rogersville Code Section 210.007.

 

Section 5 – Interactions with City Government will be limited to bill payment by phone, web, or anyone of our payment boxes. If cash is given a credit will be applied to the respective account if an overage is provided it will result in a credit on the account and be applied to future bills.

 

Section 6 – Board of Alderman hereby finds and declares that an emergency exists in that large public gatherings will facilitate the spread of a communicable disease,  COVID-19, and therefore this Ordinance relates to the preservation of the public health and safety pursuant to Section 225.010 of the City Code.

 

Section 7– That Jon Hill, Mayor of the City of Rogersville, is hereby authorized to execute on behalf of the City of Rogersville, Missouri, an ordinance of Public Health and Safety.

 

Section 8– That this ordinance shall be in full force as of 12:01 a.m. March 27, 2020 and effect from and after that date.

 

ISSUED by the Mayor of the City of Rogersville this March 26, 2020 by powers given pursuant to Bill 987 Section 3.

 

Page 3 of 3 of Ordinance _____

 

EXHIBIT A

CIVIL EMERGENCY ORDER

 

I.                 Section One:  Stay at Home Order

 

A.    Individuals may leave their residences or place of rest only to perform “Essential Activities,” as defined herein or to provide any services or perform any work necessary to the operations and maintenance of Essential Business, Minimum Basic Operations, or other enumerated exempted categories as prescribed by County Order or other prevailing law.  People at high risk of severe illness from COVID-19 are urged to stay in their residence or place of rest except as necessary to seek medical care and to obtain provision of essential life items.  All individuals shall exercise physical distancing requirements at all times.

 

B.    Exemptions.  All persons working for or to support Essential Businesses are categorically exempt from this Order.  Further, nothing in this Order shall prohibit any individual from performing or accessing “Essential Governmental Functions.”  Essential Government Functions means all services needed to ensure the continuing operation of any government agencies, including schools, and provide for the health, safety, and welfare of the public.  All Essential Governmental Functions should be performed in compliance with Physical Distancing Requirements as defined in this Section, to the extent possible.

 

II.               Section Two:  Non-Essential Business and Other Non-Essential Operations

 

A.    All businesses and other operations in the City, except as defined herein as an Essential Business or exempted by force of law or Order, are required to cease all in-person operations.  Non-essential businesses and other operations may continue operations consisting exclusively of employees, contractors, or other agents of businesses performing activities at their own residences or places of rest.   All essential business activities shall carry out to the greatest degree possible Centers for Disease Control (“CDC”) recommended social distancing guidelines.  Essential businesses may perform only those activities defined as an essential business and may not perform non-essential business activities. This Order shall not apply to government agencies.

 

III.             Section Three:  Definitions and Exemptions

 

A.    Definitions.  For purposes of this Section, the following terms will have the meaning ascribed to them:

 

1.     “Essential Activities,” shall mean:

 

a.     To engage in Agriculture and agriculturally-related activities;

 

b.     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 (including, but not limited to, pets), or close personal acquaintances, such as, by way of example only and without limitation, obtaining medical supplies or medication, visiting a health care professional, or obtaining supplies they need to work from home;

 

c.     To obtain necessary services or supplies for themselves and their family or household members, or close personal acquaintances, or to deliver those services or supplies to others, such as, by way of example only and without limitation, groceries and essential household goods and products,  such as cleaning and personal care products, and other products necessary to maintain the safety, sanitation, and essential operation of residences;

 

d.     To engage in outdoor activity, provided the individuals comply with Physical Distancing Requirements as defined herein, such as, by way of example and without limitation, biking, walking, hiking, or running;

 

e.     To perform work providing essential products and services at an Essential Business or to otherwise carry out activities specifically permitted in this Order, including Minimum Basic Operations, as defined herein, at Non-Essential Business; and

 

f.       To care for a family member, close personal acquaintance, or agricultural livestock or pet in another household.

 

 

 

 

2.     “Essential Businesses” means any for-profit, non-profit, or educational entity, regardless its corporate or entity structure, to the extent that a substantial element of its daily operations is included in the following activities:

 

a.     Construction, including critical home and building repairs;

 

b.     Healthcare and public health services and supply manufacturing and distribution, including mental health and home health services, blood and plasma donation and related activities, and pharmacies, but not including gyms and fitness centers.  This should be construed broadly to avoid any impacts to the delivery of healthcare;

 

c.     Veterinary care and other healthcare services for animals, including boarding;

 

d.     Food, shelter, and social services and other necessities of life for economically disadvantaged or otherwise needy individuals, such as those residing at shelters;

 

e.     Mortuary services, including funeral homes, crematoriums, and cemetery workers, except that not more than 10 persons at a time shall be allowed into funeral, visitation, or wake;

 

f.       Home-based care for seniors, adults, or children;

 

g.     Law enforcement, emergency management, public safety, first responders, emergency dispatch, and security;

 

h.     Hazardous materials handling and cleanup;

 

i.       Agriculture and food cultivation, including farming, livestock, and fishing;

 

j.       Grocery stores, food banks, convenience stores, and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other household products (such as cleaning and personal care products), provided that farmers’ markets and produce stands may provide drive-thru or carry out services only.   This includes stores that sell groceries and also sell other non-grocery products, and products necessary to maintain the safety, sanitation, and essential operation of residences and persons, and includes the retail sale and distribution of alcohol;

 

k.     Restaurant carry-out, drive-thru, and delivery services; entertainment, amusement, and recreation carry-out, drive-thru, and delivery services provided they are food services; pick-up or take-away food services provided by a school;

 

l.       Energy, electricity, petroleum, natural and propane gas acquisition, production, generation, processing, storage, distribution, and retail distribution;

 

m.   Waste and wastewater maintenance and operation of infrastructure, including processing, treatment, conveyance, and distribution;

 

n.     Logistics and transportation of goods and people, including taxis and private transportation providers and businesses that ship or deliver foods, goods, or services directly to residences;

 

o.     Vehicle repair and maintenance facilities, including vehicle parts manufacturers and suppliers;

 

p.     Public works support, inspection, and maintenance, including workers such as plumbers, electricians, and other service providers whose services are necessary to maintain safety, sanitation, and essential operation of residences and buildings, Essential Activities, and Essential Businesses;

 

q.     Public infrastructure support and maintenance;

 

r.      Communications infrastructure support and maintenance, including storefronts that sell or repair communication devices and media services, including radio, television, and print;

 

s.     Information technology development, management, support, and security, including client service centers;

 

t.       Inspection services for construction functions of new facilities and/or maintenance of existing buildings;

 

u.     Hotels, motels, and bed and breakfasts, provided that they may not offer dining-in services;

 

v.     Critical manufacturing of materials and products needed for medical supply chains, transportation, energy, communications, food and agriculture, chemical manufacturing, water and wastewater treatment, emergency services, and the defense industrial base;

 

w.    Legal and critical financial services, including banks, and property services, including supportive activities such as appraisals, title searches, and inspections;

 

x.     Lawn and landscaping services and grass, weed, and vegetation removal; lawn, garden, and landscaping suppliers and retailers; and landscaping construction, excavating, and related services;

 

y.     Building supply stores;

 

z.     Laundromats, dry cleaners, and laundry service providers;

 

aa. Residential care facilities, including nursing homes and group homes;

 

bb. Mailing and shipping services, including post office boxes;

 

cc.  Educational activities to support distance learning activities;

 

dd. Childcare facilities providing services that enable employees exempted in this Order to work as permitted.  To the extent possible, childcare should be carried out in stable groups, preferably with 10 or fewer (“stable” means that the same 10 or fewer children or in the same group each day); children should not change from one group to another; if more than one group of children is cared for at one facility, each group should be in a separate room.  Groups should not mix with each other; and childcare providers should remain solely with one group of children;

 

ee. Religious activity to support distance and/or virtual services provided fewer than 10 persons are in;

 

ff.     “Minimum Basic Operations” of otherwise non-essential businesses, provided that employees comply with Physical Distancing Requirements as defined herein to the extent possible while carrying out such operations and which shall be limited to the following:

 

i.                 The minimum necessary activities to maintain the value of the business’s inventory and facilities, ensure security, process payroll and employee benefits, or for related functions; and

 

ii.                The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences, place of rest, or elsewhere;

 

gg. Direct support services necessary to ensure an essential business activity will not have to cease operation.

 

3.     “Physical Distancing Requirements” includes maintaining at least six-foot physical distance from other individuals, washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, regularly cleaning high-touch surfaces, and not shaking hands.