Description1

AMENDED AND REVISED JOINT PROCLAMATION OF THE CHAIRMAN OF THE MECKLENBURG COUNTY BOARD OF COMMISSIONERS AND MAYOR OF THE CITY OF CHARLOTTE IN CONSULATION WITH THE MECKLENBURG COUNTY PUBLIC HEALTH DIRECTOR IN CONJUNCTION WITH THE DIRECTOR OF THE OFFICE OF THE CHARLOTTE MECKLENBURG EMERGENCY MANAGEMENT DEPARTMENT

RESTRICTING MOVEMENT OF ALL INDIVIDUALS LIVING WITHIN MECKLENBURG COUNTY, THE CITY OF CHARLOTTE AND THE TOWNS OF MATTHEWS, PINEVILLE, MINT HILL, DAVIDSON, HUNTERSVILLE, AND CORNELIUS TO STAY AT THEIR PLACE OF RESIDENCE EXCEPT THAT THEY MAY LEAVE TO PROVIDE OR RECEIVE CERTAIN ESSENTIAL SERVICES OR ENGAGE IN CERTAIN ESSENTIAL ACTIVITIES AND WORK FOR ESSENTIAL BUSINESSES AND GOVERNMENTAL SERVICES;

EXEMPTING INDIVIDUALS EXPERIENCING HOMELESSNESS FROM THE RESTRICTION BUT URGING THEM TO FIND SHELTER;

RESTRICTING ALL BUSINESSES AND GOVERNMENTAL AGENCIES TO CEASE NON-ESSENTIAL OPERATIONS REQUIRING PUBLIC MOBILITY WITHIN THE LOCATIONS WITHIN THE COUNTY; RESTRICTING ALL NON-ESSENTIAL GATHERINGS OF INDIVIDUALS; AND ALL NON-ESSENTIAL TRAVEL



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



WHEREAS, G.S. §166A-19.22 and G.S. §166A-19.31, which are part of the North Carolina Emergency Management Act, authorize counties and municipalities to declare states of emergency and authorizes counties and municipalities to impose prohibitions and restrictions under conditions and following procedures contained in G.S. §166A-19.22 and G.S. §166A-19.31; and



WHEREAS, the Coronavirus (COVID-19) pandemic has created a state of emergency in the County of Mecklenburg and the City of Charlotte; and



WHEREAS, the Governor has declared a state of emergency on behalf of the state of North Carolina on March 10, 2020 and issued Executive Order No. 116; and



WHEREAS, Mecklenburg County in conjunction with the City of Charlotte and six towns within the County signed a Joint Proclamation of State of Emergency on 13 March 2020; and



WHEREAS, Mecklenburg County in conjunction with the City of Charlotte and six towns within the County issued a Revised Joint Order and Declaration (“the Declaration”) with an effective date of March 26, 2020; and



WHEREAS, among other things the Declaration restricted access and travel upon public streets, alley, or roadway or upon any other public property within the area(s) or times as designated by the Mecklenburg County Public Health Department in conjunction with City-County Emergency Management except by those in search of medical assistance, food or other commodity or service necessary to sustain the well-being of themselves or their families or some member thereof; and



WHEREAS, the Declaration further restricted movement of people in public places and the operation of business activity, entertainment, events or other places of mass gatherings as reasonably necessary to overcome or prevent further aggravation of the emergency, and any other activities or conditions whereby the control of which maybe be reasonably necessary to maintain order and protect lives or property during the state of emergency, except in areas or times designated by the Mecklenburg County Health Department in conjunction with Emergency Management, and



WHEREAS, since execution of the Declaration, residents of the county have been tested for the COVID-19 virus. Initially, there was a connection and correlation between positive results and out of county travel or contact with someone known or believed to have been positive; however as of March 23, 2020, there were 108 COVID-19 cases in the County, as well as increasing evidence of cases in neighboring counties, including a significant and increasing number of suspected cases of community transmission and likely further significant increases in transmission. Wider spread testing of COVID-19 has begun but is expected to increase in the coming days. This Amended and Revised Joint Proclamation is necessary to slow the rate of spread; and



WHEREAS, scientific evidence and best practices regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID-19 particularly, and evidence that age, condition and health of a significant portion of the population of the County, the City of Charlotte and surrounding Towns places the population at risk of serious health complications, including death from COVID-19; 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, on March 27, 2020, the Governor issued Executive Order No. 121: “Stay At Home Order and Strategic Directions For North Carolina In Response To Increasing COVID-19 Cases”, effective March 30, 2020 continuing in effect for thirty (30) days thereafter; and



WHEREAS, the cases in Mecklenburg County continue to increase, rising from 108 positive test cases on March 23, 2020 to 975 on April 13, 2020, with four (15) deaths; and



WHEREAS, the current local Declaration is scheduled to expire on April 16, 2020; however, based upon the current trends and statistics it is necessary to extend the expiration date of the local Declaration to coincide with Executive Order No. 121; and



WHEREAS, the Governor issued Executive Order 131 on April 9, 2020, establishing, among other things, additional policies for retail establishments; and

WHEREAS, for purposes of the Executive Order, “retail establishments” include any business in which customers enter to purchase goods or services including, but not limited to grocery stores, convenience stores, large-format retail stores, pharmacies, banks, ABC stores, hardware stores, and vehicle dealerships. Retail establishments also includes retail establishments operated by the State, its political subdivisions or agencies thereof; and



WHEREAS, for clarity of operations the following conditions apply:



Emergency Maximum Occupancy The occupancy of all operating retail establishments shall be limited to no more than: Twenty (20%) percent of the stated fire capacity; or Five (5) customers for every one thousand (1000) square feet of the total square footage of the establishment, including non-customer-facing portions.



This limit is the “Emergency Maximum Occupancy” for that establishment. If the retail establishment has reached Emergency Maximum Occupancy or expects to reach Emergency Maximum Occupancy, it must post sufficient staff at store entrances and exits to enforce the Emergency Maximum Occupancy limit. The Emergency Maximum Occupancy shall be posted in a conspicuous place. Social Distance Markings To encourage the minimum social distancing recommended by the Centers for Disease Control and Prevention (CDC), all operating retail establishments must clearly mark six (6) feet of spacing: In lines at cash registers; and In other high-traffic areas for customers, such as at deli counters and near high volume products inside the retail establishment. All operating retail establishments must enforce these limitations. In addition, operating retail establishments which have reached or expect to reach Emergency Maximum Occupancy must clearly mark six (6) feet of spacing in a designated line outside the establishment. Cleaning and Disinfection – All operating establishment shall perform frequent and routine environmental cleaning and disinfection of high-touch areas with a disinfectant approved by the Environmental Protection Agency (EPA) for SA RS-CoV-2 (the virus that causes COVID-19) Impact on Businesses Remaining Open – Section 2(C)(1) of Executive Order No. 121 allowed some businesses and operations to remain open only if they could maintain specific social distancing requirements. These businesses and operations must now also meet the additional social distancing requirements specified in this section to remain open; and

WHEREAS, this Amended and Revised Joint Proclamation incorporates the provisions of Executive Order No. 121 and 131 herein, not inconsistent herewith, and restates the terms and provisions of the local Proclamation entered on March 13, 2020; and

WHEREAS, this Amended and Revised Joint Proclamation is necessary to slow the rate of the spread as much as possible to protect the most vulnerable and prevent the health care system from becoming overwhelmed and is the least restrictive option based upon the growing and current evidence.



NOW THEREFORE BE IT FURTHER ORDAINED THAT:



This Amended and Revised Joint Proclamation be adopted and hereby incorporates all the terms and provisions of the local Proclamation entered on March 13, 2020 and the local Declaration entered March 26, 2020, which terms and provisions are incorporated herein by reference, including the terms and provisions of Executive Orders No. 121 and 131, and to the extent there are inconsistencies in the foregoing Proclamation and Executive Orders, the more restrictive provision controls , and extends the local Declaration to terminate on April 29, 2020 or thirty (30) days from March 30, 2020 consistent with the Governor’s Executive Order No. 121, or to such future date if further extended by Governor to coincide with any future extensions , unless sooner revised, amended or terminated. This Amended and Revised Joint Proclamation is adopted this 15th day of April 2020 and shall take effect on the 15th day of April 2020 at 0800 am.

APPROVED AS TO FORM