ORDER OF THE HEALTH OFFICER No. C20-3
ORDER OF THE HEALTH OFFICER OF THE COUNTY OF LAKE DIRECTING ALL INDIVIDUALS LIVING IN THE COUNTY TO SHELTER 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 BUSINESS AND GOVERNMENT SERVICES;EXEMPTING INDIVIDUALS EXPERIENCING HOMELESSNESS FROM THE SHELTER IN PLACE ORDER BUT URGING THEM TO FIND SHELTER; DIRECTING ALL BUSINESSES AND GOVERNMENTAL AGENCIES TO CEASE NON- ESSENTIAL OPERATIONS AT PHYSICAL LOCATIONS IN THE COUNTY; PROHIBITING ALL NON-ESSENTIAL GATHERINGS OF ANY NUMBER OF INDIVIDUALS; AND ORDERING CESSATION OF ALL NON-ESSENTIAL TRAVEL
(SHELTER IN PLACE)
DATE OF ORDER: March 18, 2020
Please read this Order carefully. Violation of or failure to comply with this Order is a misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety Code §120295, et seq.; California Penal Code §§ 69, 148(a)(1); Lake County Administrative Code Article I,Section 1-10.
Summary: The virus that causes Coronavirus 2019 Disease(“COVID-19”) is easily transmitted, especially in group settings, and it is essential the spread of the virus be slowed,to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety. Because of the risk of rapid spread of the virus, and the need to protect all residents of the two cities and unincorporated areas within the boundaries of the County of Lake, particularly those most vulnerable to the virus and healthcare providers, this Order requires all individuals anywhere in the County of Lake to shelter in place—that is, stay at home—except for certain essential activities and work to provide essential business and government services or perform essential public infrastructure construction, including housing. This order begins at 12:01 a.m. on March 19, 2020 and will continue through11:59 p.m. on April 10, 2020,subject to the limited exceptions and under the terms and conditions more particularly set forth below.
Gatherings of individuals outside the home are generally prohibited, with certain exceptions for essential activities or essential travel or to perform work for essential businesses and government agencies or to perform essential infrastructure work. Consistent with the directive issued by Governor Gavin Newsom on March 15, 2020, all bars and nightclubs are ordered closed. Restaurants and cafes that serve food—regardless of their seating capacity—are ordered closed, except solely for provision of takeout and delivery service. Additionally, all gyms and recreation facilities are ordered closed. Homeless individuals are not subject to the shelter in place order, but are strongly urged to find and then shelter in place.
Under any of the limited circumstances in which individuals are allowed to interact in person outside their residence, the Health Officer orders individuals to abide by the following requirements: (i) maintain at least six feet from other individuals, wash hands with soap and water for at least 20 seconds, or use hand sanitizer, as frequently a possible, cover coughs or sneezes,and not shake hands; (ii) for people with medical conditions, regardless of age, putting them at higher risk of serious complications should they be infected with COVID-19, other than health care workers and other essential service providers, avoid leaving their homes to the extent possible; and (iii)for employers in Lake County that do not provide essential business or government services, take all steps necessary for employees to work from home, to the extent possible. These requirements build on the California Department of Public Health and United States Centers for Disease Control and Prevention guidelines issued March 11, 2020,extended as necessary to address the health emergency affecting the Lake County. No individual who is sick may go to the workplace or be outside the home, except as necessary to seek or receive medical care in accordance with guidance from public health officials. The Health Officer may revise this Order as the situation evolves, and all service providers and managers of facilities subject to this Order must stay updated by regularly checking the Public Health website (http://health.co.lake.ca.us/Coronavirus.htm).
This Order revokes and replaces Public Health Orders C20-1, issued March 16, 2020, and C20-2, issued March 16, 2020. That is, as of the effective date and time of this Order, those Orders are no longer in effect.
UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175,THE HEALTH OFFICER OF THE COUNTY OF LAKE (“HEALTH OFFICER”) ORDERS:
1. The intent of this Order is to ensure the maximum number of people self-isolate in their places of residence to the maximum extent feasible to slow the spread of COVID-19 to the maximum extent possible, while enabling essential services to continue. When people need to leave their places of residence, whether to obtain or perform vital services, or to otherwise facilitate authorized activities necessary for continuity of social and commercial life, they should at all times feasible comply with Social Distancing Requirements as defined in Section 10, below. All provisions of this Order should be interpreted to effectuate this intent. Failure to comply with any of the provisions of this Order constitutes an imminent threat and creates an immediate menace to public health.
2. All individuals currently living, including those who are staying at a hotel, motel or other temporary place of residence, within the incorporated and unincorporated areas of the County of Lake (the “County”) are ordered to shelter at their place of residence. To the extent individuals are using shared or outdoor spaces, they must at all times reasonably possible maintain social distancing of at least six feet from any other person when outside their residence. All persons may leave their residences only for Essential Activities, Essential Governmental Functions,or to operate Essential Businesses, all as defined in Section 10. Individuals experiencing homelessness are exempt from this Section, but are strongly urged to obtain shelter and then shelter in place, and to the maximum extent practicable to use COVID-19 risk mitigation practices.
3. All businesses with a facility in the County, except Essential Businesses as defined below in Section 10, are required to cease all activities at facilities located within the County except Minimum Basic Operations, as defined in Section 10. For clarity, businesses may also continue operations consisting exclusively of employees or contractors performing activities at their own residences (i.e., working from home). All Essential Businesses are strongly encouraged to remain open. To the greatest extent feasible, Essential Businesses shall comply with Social Distancing Requirements, as defined in Section 10 below, by maintaining six-foot social distancing for both employees and members of the public, including, but not limited to, when any customers are standing in line.
4. All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited,except for the limited purposes expressly permitted in Section 10. Nothing in this Order prohibits the gathering of members of a household or living unit.
5. All travel within populated areas, including, but not limited to, travel on foot, bicycle,scooter, motorcycle, automobile, or public transit, except Essential Travel and Essential Activities as defined below in Section 10, is prohibited. People must use public transit only for purposes of performing Essential Activities or to travel to and from work to operate Essential Businesses or maintain Essential Governmental Functions. People riding on public transit must comply with Social Distancing Requirements as defined in Section 10 below, to the greatest extent feasible.
6. This Order allows travel into or out of the County to perform Essential Activities,operate Essential Businesses, or maintain Essential Governmental Functions.This Order is issued based on evidence of increasing occurrence of COVID-19throughout the Bay Area and neighboring counties, scientific evidence and best practices regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID-19 specifically, and evidence the age, condition, and health of a significant portion of the population of the County places it at risk for serious health complications, including death,from COVID-19. Due to the outbreak of the COVID-19 virus in the general public, which is now a pandemic according to the World Health Organization, there is a public health emergency throughout the County. Making the problem worse,some individuals who contract the COVID-19 virus have no symptoms or mild symptoms, and may not be aware they carry the virus. Because even people without symptoms can transmit the disease, and because evidence shows the disease is easily spread,gatherings can result in preventable transmission of the virus. The scientific evidence shows, at this stage of the emergency, it is essential to slow virus transmission as much as possible to protect the most vulnerable and to prevent the health care system from being overwhelmed. One proven way to slow transmission is to limit interactions among people to the greatest extent practicable. By reducing the spread of the COVID-19 virus,this Order helps preserve critical and limited healthcare capacity in the County.
7. This Order is issued based on evidence of increasing transmission of COVID-19 in neighboring areas to the county and in light of the existence of 598 known cases and 13deaths of COVID-19 in California, along with over 11,900 individuals self-monitoring across 49 counties, as of 6:00 p.m. on Tuesday March 17, 2020. There are a significant and increasing number of suspected cases of community transmission,indicating further significant increases in transmission are probable. Widespread testing for COVID-19 is not yet available but is expected to increase in the coming days. This Order is necessary to slow the rate of spread, and the Health Officer will reevaluate it as further data becomes available.
8. This Order is issued in accordance with, and incorporates by reference, the March 4, 2020Proclamation of a State of Emergency issued by Governor Gavin Newsom, the March9, 2020 Declaration of a Local Health Emergency Regarding Novel Coronavirus2019 (COVID-19) issued by the Lake County Health Officer, ratified by the Board of Supervisors on March 10, 2020, the Proclamation by Sheriff Martin Declaring the Existence of a Local Emergency on March 13, 2020 which was ratified by the Board of Supervisors on March 17, 2020, and guidance issued by the California Department of Public Health, as each of them have been and may be supplemented.
9. This Order isalso issued in accordance with, and incorporates by reference, the March 12, 2020 Executive Order (Executive Order N-25-20)issued by Governor Gavin Newsom. Executive Order N-25- 20 expressly orders“[a]ll residents are to heed any orders and guidance of state and local public health officials, including but not limited to the imposition of social distancing measures, to control the spread ofCOVID-19.” This Order is also based on statements by Governor Newsom during a press conference on March 15, 2020,indicating the guidance of the State of California that all nightclubs, bars, wineries,and brewpubs close, and that persons 65 years old and older isolate at home.
10. Definitions and Exemptions.
a. People at high risk of severe illness from COVID-19,and people who are sick, are urged to stay in their residence to the extent possible, except as necessary to seek medical care. For purposes of this Order, individuals may leave their residence only to perform the following “Essential Activities.”
i. 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), 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.
ii. To obtain necessary services or supplies for themselves and their family or household members, or to deliver those services or supplies to others, such as, by way of example only and without limitation,canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats,fish, and poultry, and any other household consumer products, and products necessary to maintain the safety, sanitation, and essential operation of residences.
iii. To engage in outdoor activity, provided the individuals comply with Social Distancing Requirements as defined in this Section, such as, by way of example and without limitation, walking, hiking, or running.
iv. 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.
v. To care for a family member or pet in another household.
b. For purposes of this Order, individuals may leave their residence to work for or obtain services at any “Healthcare Operations”including hospitals, clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers,home healthcare services providers, mental health providers, or any related and/or ancillary healthcare services. “Healthcare Operations” also includes veterinary care and all healthcare services provided to animals. This exemption shall be construed broadly to avoid any impacts to the delivery of healthcare, broadly defined. “Healthcare Operations” does not include fitness and exercise gyms and similar facilities.
c. For purposes of this Order, individuals may leave their residence to provide any services or perform any work necessary to the operations and maintenance of “Essential Infrastructure,” including, but not limited to, public works construction, construction of housing (in particular affordable housing or housing for individuals experiencing homelessness),airport operations, water, sewer, gas, electrical, oil refining, roads and highways, public transportation, solid waste collection and removal, internet,and telecommunications systems (including the provision of essential global,national, and local infrastructure for computing services, business infrastructure, communications, and web-based services), provided they carryout those services or that work in compliance with Social Distancing Requirements as defined this Section, to the extent possible.
d. For purposes of this Order, all first responders, emergency management personnel, emergency dispatchers, court personnel, law enforcement personnel and private patrol officers on duty performing services within their employing housing development (HVL security), and others 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 the government agencies and provide for the health, safety and welfare of the public. All Essential Governmental Functions shall be performed in compliance with Social Distancing Requirements as defined this Section, to the extent possible.
e. For the purposes of this Order, covered businesses include any for-profit, non-profit, or educational entities, regardless of the nature of the service, the function they perform, or its corporate or entity structure.
f. For the purposes of this Order, “Essential Businesses”means:
i. Healthcare Operations and Essential Infrastructure;
ii. Grocery stores, certified farmers’ markets, farm and produce stands, supermarkets, 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 consumer products (such as cleaning and personal care products). This includes stores that sell groceries and also sell other non-grocery products, and products necessary to maintaining the safety, sanitation, and essential operation of residences;
iii. Food cultivation, including farming, livestock, and commercial fishing that does not include tournaments or guide services;
iv. Businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals;
v. Newspapers, television, radio, and other media services;
vi. Gas stations and auto-supply, auto-repair, vehicle towing service (excluding repossession activities), and related facilities;
vii. Banks and related financial institutions;
viii. Hardware stores;
ix. Plumbers, electricians, exterminators, 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;
x. Businesses providing mailing and shipping services,including post office boxes;
xi. Educational institutions—including public and privateK-12 schools, colleges, and universities—for purposes of facilitating distance learning or performing essential functions, provided that social distancing of six-feet per person is maintained to the greatest extent possible;
xii. Laundromats, dry cleaners, and laundry service providers;
xiii. Restaurants and other facilities that prepare and serve food, but only for delivery or carry-out. Schools and other entities that typically provide free 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 take-away 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;
xiv. Businesses that supply products needed for people to work from home;
xv. Businesses that supply other essential businesses with the support or supplies necessary to operate;
xvi. Businesses that ship or deliver groceries, food, goods or services directly to residences;
xvii. Airlines, taxis, and other private transportation providers providing transportation services necessary for Essential Activities and other purposes expressly authorized in this Order;
xviii. Home-based care for seniors, adults, or children;
xix. Residential facilities and shelters for seniors,adults, and children;
xx. Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities;
xxi. Childcare facilities providing services that enable employees exempted in this Order to work as permitted. Children of non-essential work employees should remain with their families. To the extent possible, childcare facilities must operate under the following mandatory conditions:
1. Childcare must be carried out in stable groups of 10 or fewer (“stable” means the same 10or fewer children are in the same group each day).
2. Children shall not change from one group to another.
3. If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other.
4. Childcare providers shall remain solely with one group of children.
g. For the purposes of this Order, “Minimum Basic Operations” include the following, provided employees comply with Social Distancing Requirements as defined this Section, to the extent possible, while carrying out such operations:
i. The minimum necessary activities to maintain the value of the business’ inventory, ensure security, process payroll and employee benefits, or for related functions.
ii. The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences.
h. For the purposes of this Order, “Essential Travel”includes travel for any of the following purposes. Individuals engaged in any Essential Travel must comply with all Social Distancing Requirements as defined in this Section.
i. Any travel related to the provision of or access to Essential Activities, Essential Governmental Functions, Essential Businesses,or Minimum Basic Operations.
ii. Travel to care for elderly, minors, dependents,persons with disabilities, or other vulnerable persons.
iii. Travel to or from educational institutions for purposes of receiving materials for distance learning, receiving meals, and any other related services.
iv. Travel to return to a place of permanent residence from outside the jurisdiction. (It seems probable we cannot legally preclude people from accessing a vacation home in Lake County when they more permanently reside in another location, but this was brought up during the Board’s discussion yesterday as potentially increasing risk to Lake County, so thought it worth bringing up).
v. Travel required by law enforcement or court order.
vi. Travel required for non-residents to return to their place of residence outside the County. Individuals are strongly encouraged to verify that their transportation out of the County remains available and functional prior to commencing such travel.
i. For purposes of this order, residences include hotels, motels, shared rental units, and similar facilities.
j. For purposes of this order Social Distancing Requirements includes maintaining at least six-foot social distancing from other individuals, washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surfaces, and not shaking hands.
11. Pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section101029, the Health Officer requests the Sheriff and the Chiefs of Police in the County ensure compliance with and enforce this Order. The violation of any provision of this Order constitutes an imminent threat and creates an immediate menace to public health.
12. This Order shall become effective at 12:01 a.m. on March 19, 2020 and will continue to be in effect until 11:59 p.m. on April 10, 2020, or until it is extended,rescinded, superseded, or amended in writing by the Health Officer.
13. The County must promptly provide copies of this Order as follows: (1) by posting on the County Administrator's website (Lakecountyca.gov) and the Department of Public Health website (health.co.lake.ca.us); (2) by posting at the County Courthouse and Administration Office building, located at 255 N Forbes St, Lakeport Ca 95453; (3) by posting at City Offices and (4) by providing a copy to any member of the public requesting a copy. In addition, the owner, manager, or operator of any facility that is likely to be impacted by this Order is strongly encouraged to post a copy onsite, and to provide a copy to any member of the public asking for a copy.
14. If anyprovision of this Order or its application to any person or circumstance is held to be invalid, then the remainder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.
IT IS SO ORDERED:
GaryPace, MD, MPH Dated:March 18, 2020
County of Lake