RESOLUTION NO. 2020 - 09
A RESOLUTION OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AUTHORIZING THE TERMINATION OF THE MAYOR'S PROCLAMATION OF LOCAL DISASTER EMERGENCY AND PUBLIC HEALTH EMERGENCY ORDERS 20-01 AND 20-02 ON APRIL 30, 2020 AT 11:59 P.M.; AND PROVIDING THIS RESOLUTION SHALL BE IN EFFECT UPON ITS PAS SAGE AND APPROVAL.
WHEREAS, the health and safety of all citizens of the city of Moscow is the greatest priority and is of the upmost importance of the Mayor and City Council; and WHEREAS, the coronavirus (hereinafter, COVID-19), is a respiratory disease caused by the SARS-CoV-2 virus, which is a new strain of coronavirus that had not been previously identified in humans and can easily spread fromperson to person, which can result in serious illness or death thereby threatening widespread and/or severe damage to life or property thereby creating an "emergency" as defined by Idaho Code § 46-1002; and WHEREAS, the Centers forDisease Control and Prevention (hereinafter "CDC") identifies the potential public health threat posed by COVID-19 both globally and in the United States as "high'', and has advised that person-to-person spread of COVID-19 will continue to occur globally, including within the United States; and WHEREAS, on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared the outbreak a "public health emergency of international concern"; and WHEREAS, on January 31, 2020, Health and Human Services Secretary Alex M. Azar II declared a public health emergency for the United States to aid the nation's healthcare community in responding to COVID-19; and WHEREAS, on February 29, 2020, Washington Governor Jay Inslee proclaimed a State of Emergency exists in all counties in the State of Washington, including Whitman County, which borders Latah County and the City of Moscow; and WHEREAS, on March 11, 2020, The World Health Organization (WHO) made the assessment that COVID-19 can be characterized as a pandemic; and WHEREAS, on March 12, 2020, Mayor Glenn Johnson declared a State of Emergency for the City of Pullman, Washington, located 8 miles west of Moscow. The emergency declaration facilitates potential future assistance related to COVID-19 and is a means to ensure all necessary resources will be available if needed; and WHEREAS, on March 13, 2020, President of the United States Donald Trump issued an emergency declaration for the country in response to the increasing number of COVID-19 cases within the U.S., which is still in effect; and
RESOLUTION NO. 2020-09 TERMINATION OF LOCAL DI SASTER EMERG ENCY AND PUBL IC HEALTH EMERG ENC Y ORDER No s. 20-01 AND 20-02 PAGE I OF 19 WHEREAS, on March 13, 2020, Idaho Governor Brad Little, pursuant to Idaho Code§ 46-1008, declared a state of emergency due to COVID-19. State officials indicated more than 100 people were tested for COVID-19 in Idaho, but no one had been lab confirmedpositive for COVID-19 at that time; and WHEREAS, on March 13, 2020, the Idaho Department of Health and Welfare and the Idaho North Central Health District issued recommendations forlimiting mass gatherings and public events in order to contain and slow the spread of COVID-19, the recommendations included postponing or cancelling any gatherings or events that would bring together more than 250 individuals, where social distancing of 6 feet or more was not likely or possible. The recommendation also cautioned that there is currently no vaccine to prevent COVID-19 and the best way to prevent illness was to avoid being exposed to the virus; and WHEREAS, a local disaster emergency may be declared by the Mayor within a political subdivision, pursuant to Idaho Code§ 46-1011 and other relevant sections of Idaho Code; and WHEREAS, in accordance with Idaho Code, the effect of such declaration is to activate the recovery aspects of any and all applicable local or intergovernmental disaster emergency plans and to authorize the furnishing of aid and assistance thereunder; and WHEREAS, the City may pass all ordinances and make all regulations necessary to preserve the public health; prevent the introduction of contagious diseases into the city; make quarantine laws for that purpose and enforce the same within five (5) miles of the City, pursuant to Idaho Code §50-304; and
WHEREAS, on March 13, 2020, pursuant to the authority granted under Idaho Code§ 46-1011, Moscow Mayor Bill Lambert proclaimed and declared a local disaster emergency in the City of Moscow due to the COVID-19 pandemic and authorized the furnishing of aid and assistance thereunder; and
WHEREAS, the local disaster declaration was in effect for a period of seven (7) days, unless extended pursuant to consent of the Moscow City Council in accordance with Idaho Code§ 46-1011(1); and
WHEREAS, on March 16, 2020, the Moscow City Council deemed it necessary to extend such local disaster emergency declaration to provide forthe ongoing threat to public life and property, and the Council wished to continue to be proactive in reducing the spread of COVID-19, and wanted to encourage our community members and community businesses to do their part to prevent and limit the spreading of this virus, and signed Resolution 2020-05 Authorizing Continuation of the Local Emergency Proclamation until May 5, 2020; and
WHEREAS, due to Idaho being a diverse and expansive state, Governor Brad Little, prior to issuance of a March 25, 2020, statewide mandate, was not mandating categorical closures. Governor Little indicated that he trusted local leaders to make the decisions regarding mandates appropriate for their communities; and
RESOLU TION No . 2020-09 TERMINATION OF LOCAL DISASTER EMERGENCY AND PUBLIC HEALTH EMERGENCY ORD ER No s. 20-0 I AND 20-02 PAGE20F 19 WHEREAS, the CDC has provided guidance for preventing the spread of COVID-19 and is continually providing updates as information becomes available with revised recommendations; and
WHEREAS, the City, as a municipal corporation of the State of Idaho, has the authority to exercise all powers and perform all functionsof local self-governmentin city affairs that are not in conflictwith the general laws or the constitution of the state ofldaho (I.C. § 50-301); and
WHEREAS, the City is empowered to make all such ordinances, bylaws, rules, regulations and resolutions not inconsistent with the laws of the state ofldaho as may be expedient, in addition to the special powers in this act granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry (I.C. § 50-302); and
WHEREAS, under Moscow City Code section 2-1-7 and Idaho Code § 50-304, the City may pass all ordinances and make all regulations necessary to preserve the public health; prevent the introduction of contagious diseases into the city; make quarantine laws forthat purpose and enforcethe same within five (5) miles of the city; and
WHEREAS, under Idaho Code§ 50-606, the Mayor shall have such jurisdiction as may be vested in him/her by ordinance over all places within five (5) miles of the corporate limits of the city, forthe enforcementof any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested in him/her by ordinance, except taxation, within one (1) mile of the corporate limits of said city and over such properties as may be owned by the city without corporatelimits; and
WHEREAS, under Idaho Code § 50-607, the Mayor shall have and exercise such powers, prerogatives and authority as is conferred by the laws of the state of Idaho or as may be conferredupon him/her by City Council; and
WHEREAS, under Idaho Code§ 50-609, the Mayor is authorized to call on every resident in the city over twenty-one (21) years of age to aid in enforcing the laws; and
WHEREAS, under Idaho Code § 50-901, in cases of riot, infections or contagious disease, or other impending danger requiring immediate enforcement, such ordinances shall take effectupon the proclamation of the Mayor or President of the Council, posted in at least five (5) public places of the City; and
WHEREAS, under Idaho Code§ 50-903, the City is empowered to revise and codify ordinances of a general and permanent nature and to make such changes, alterations, modifications, additions and substitutions therein as the City deems best; and
WHEREAS, in order to effectively preserve the health and safety of the public, on March 20, 2020, City Council passed and the Mayor approved the passage of Ordinance 2020-
RESOLUTION NO. 2020- 09 TERMINATION OF LOCAL DISASTER EMER GENCY AND PUBLIC HEALTH EMER GENCY ORDER No s. 20-0 I AND20-02 PAGE 3 OF 19 03, adding Chapter 11, to Title 1, granting Emergency Powers to the Mayor to issue Public Health Emergency Orders; and
WHEREAS, both the CDC, the federal government, and our local public health district have recommended practices to prevent the community spread of COVID-19, including social distancing measures, and on March 18, 2020, Governor Brad Little adopted these recommendations for the state of Idaho. The recommendations included that individuals practice social distancing by not gathering in groups of more than ten (10) people and that they avoid eating at bars, restaurants and food courts. The recommendations further included that individuals use drive-up, take-out and delivery options for meals. The policies, along with other information, were available on the CDC's official COVID-19 website. (hltps://www.cdc.go /coronavirus/2019-ncov/inde .html). Additionally, as of March 19, 2020 there were twenty-three (23) cases of COVID-19 within Idaho;
WHEREAS, on March 20, 2020, Moscow Mayor Bill Lambert recognized that public health is imperiled by the person-to-person spread of COVID-19, and the reduction of opportunities forthe person-to-person transmission of COVID-19 was necessary to combat the spread of the disease and therefore, the Mayor proclaimed and declared Public Health Emergency Order No. 20-01, restricting gatherings in groups of more than ten (10) persons and ordering the closure of on-premise services forrestaurant and bars; and
WHEREAS, on March 20, 2020, the City Council extended such Public Health Emergency Order No. 20-01 to May 5, 2020, to provide forthe ongoing threat to public lifeand property; and
WHEREAS, on March 21, 2020, Whitman County, Washington announced its first confirmed cases of COVID-19; and WHEREAS, on March 23, 2020, Washington Governor Jay Inslee issued a Stay at Home, Stay Healthy order for all of Washington state which was effective for a minimum of two weeks; and WHEREAS, on March 24, 2020, Spokane County, which is located less than 79 miles from Moscow, reported it had 33 confirmed cases of COVID-19; and WHEREAS, on March 24, 2020, the state of Idaho reported 73 confirmed cases of COVID-19, 3 of which were located in Kootenai County, which is located less than 80 miles to the north of Moscow; and WHEREAS, the CDC was reporting that as of March 24, 2020, the United States had 44, 183 confirmed cases of COVID-19, and 544 total deaths; and
WHEREAS, the risk of community spread throughout the city of Moscow was and is a continued threat, especially due to our unique location in Idaho and our close proximity to states and locations where there is a large number of confirmed COVID-19 cases and evidence of community spread; and
RE SOLUTION NO. 2020-09 TE RMINATION OF LOCAL DISASTE R EMERGENCY ANDPUBLIC HE AL TH EMERGENCY ORDERNo s. 20-0 I AN D 20-02 PAGE40F 19 WHEREAS, the inability for certain businesses to follow the recommended social distancing guidelines due to the very nature of their business called foradditional regulation to help slow the spread of COVID-19; and
WHEREAS, as of March 24, the rapid spread of COVID-19 at that time required a more aggressive proactive response in order to protect the public and resources to address the supply issues we as a nation and state faced; and
WHEREAS, on March 24, 2020, Moscow Mayor Bill Lambert proclaimed and declared Public Health Emergency Order No. 20-02 prohibiting gatherings in groups of more than ten (10) persons within a facility, which also applied to educational institutions, expressive and associative activities, including assembly, and church and religious organization activities; and
WHEREAS, on March 25, 2020, GovernorBrad Little issued a proclamation declaring that there existed an extreme emergency within the State of Idaho and through a press conference declared he was issuing a statewide stay-home order; and
WHEREAS, on March 25, 2020, pursuant to Idaho Code § 56-1003(7), Idaho Department of Health and Welfare Director, Dave Jeppesen, issued an Order to Self-Isolate forall individuals living in Idaho, at the direction of Governor Brad Little, to fight the community spread of COVID-19 that had been confirmedin Idaho. The Order was effective until April 15, 2020, subject to be extended, rescinded, superseded, or amended. The isolation order was issued based on advice and direction of state, federal and local public health experts; and
WHEREAS, on March 26, 2020, it was deemed necessary by the City Council to extend such Public Health Emergency Order No. 20-02 to May 5, 2020, to provide for the ongoing threat to public lifeand property, and the Council wished to continue to be proactive and help reduce the spread of COVID-19 and to encourage our community members and community businesses to do their part to prevent and limit the spreading of COVID-19; and
WHEREAS, on April 15, 2020, Idaho Department of Health and Welfare Director, Dave Jeppesen, amended the Order to Self-Isolate issued on March 25, 2020, providing additional guidance regarding travel into Idaho, regarding certain businesses, and extending the Self-Isolation Order until April 30, 2020; and
WHEREAS, on April 22, 2020, Governor Little issued a proclamation declaring an extreme emergency within the State of Idaho and declaring the state of emergency proclamation issued on March 13, 2020 and extended on March 25 ,2020, continues to be in effect and is extended for a period of thirty (30) days unless terminated, modified or extended; and
WHEREAS, on April 30, 2020, Governor Little and Director Jeppesen of the Idaho Department of Health and Welfare, issued the "Stay Healthy Order" effective as of 12:00 a.m.
RE SOLUTION No . 20 20 -09 TERMINATION OF LOCAL DISASTEREMERGE NCY AN DPUBLIC HE ALTH EMERGEN CY ORDER No s. 20 -0 1 AN D 20 -0 2 PAGE50Fl9 May 1, 2020, implementing Stage 1 of the Governor's Idaho Rebound plan, and which can be found on the website: rebound.idaho.gov. Governor Little's plan is one of utilizing a four-staged approach to reopening Idaho and its economy, whereby specific criteria must be met before Idaho advances to the next stage of reopening. The Idaho Division of Public Health and the Governor's Coronavirus Working Group will review the criteria every two weeks to assess if criteria are met, or continue to be met, so Idaho can move to the next stage; and
WHEREAS, the Council and Mayor support the Governor's guidelines and plans for systematically assessing existing conditions and slowly lifting the current regulations in place through the Stay Healthy Order, and to utilize the proposed staged approach forreopening Idaho; and
WHEREAS, the Council and Mayor believe the City's interests for the health and safety of all citizens of the city of Moscow will be served by the current Stay Healthy Order and by the Governor's guidelines for opening up Idaho, that there is no longer a need to keep the Public Health Emergency Orders 20-01 and 20-02 in place; and
WHEREAS, the Council and Mayor want to eliminate any confusion the Mayor's Proclamation of Local Disaster Emergency as modified by Resolution 2020-05 and the Public Health Emergency Orders may cause in light of the statewide Stay Healthy Order.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Moscow as follows: Section 1. The Mayor's Proclamation of Local Disaster Emergency as modifiedby Resolution 2020-05, and the Public Health Emergency Orders 20-01 and 20-02, all effective until May 5, 2020, attached as Exhibits A, B, and C are hereby effective until 11 :59 p.m. on April 30, 2020, at which time said Local Disaster Emergency and Public Health Emergency Orders will be terminated.
Section 2. That the City of Moscow encourages citizens to continue to practice appropriate social distancing, and to employ increased hygiene measures in order to maintain the reduced COVID-19 infectionrate that has been the result of their great effortsduring this outbreak, this includes the citizens of Moscow following the May 1, 2020, Stay Home Order, Section 7, "Social Distancing and Sanitation Requirements", which states: a. Individuals shall maintain at least six-foot physical distancing from other individuals whenever possible. b. Individuals should: 1. Wash hands with soap and water for at least twenty seconds as frequently as possible or use hand sanitizer; 11. Cover coughs or sneezes (into the sleeve or elbow, not hands); 111. Regularly clean high-touch surfaces, and not shaking hands; iv. Stay home if sick; and v. Are strongly encouraged to use face coverings while in public.
RE SOLUTION No . 2020- 09 TE RMIN ATION OF LOCAL DISASTER EMERGENCY ANDPUBLIC HEALTH EMERGENCY ORDERNo s. 20-01 AN D20-02 PAGE 6OF 19 c. Employers shall:
1. Develop and implement measures to ensure employees and customers are maintaining at least six-foot physical distancing from other individuals whenever possible;
11. Provide adequate sanitation and personal hygiene for employees, vendors, and patrons;
111. Frequently disinfect commonly touched and high-traffic areas and regularly clean those areas. d. Employers should:
1. Identify how personal use items such as masks, face coverings, and gloves may be required by employees, vendors, and/or patrons;
11. Provide services while limiting close interactions with patrons;
111. Identify strategies for addressing ill employees, which should include requiring COVID-19 positive employees to stay at home while infectious, and may include keeping employees who were directly exposed to the COVID-19 positive employee away from the workplace, and the closure of the business until the location can be properly disinfected; iv. On a case-by-case basis, include other practices appropriate for specific types of businesses such as screening of employees forillness and exposures upon work entry, requiring non-cash transactions, etc.;
v. Implement additional protocols established in the Governor's Guidelines for Opening up Idaho and the business-specific protocols published at https://rebound.idaho.gov/. Section 3. That, as Governor Little's "Idaho Rebounds" plan and his "Stay Healthy Order" is implemented state-wide on May 1, 2020, the City of Moscow will work with and encourage Governor Little and the state of Idaho to provide flexibility to local jurisdictions to move forward in their economic recovery as individual circumstances warrant.
That this Resolution shall become effectiveas of the 30th day of April, 2020.
PASSED BY THE CITY COUNCIL AND APPROVED by the Mayor of the City of Moscow, Idaho, this 30th day of April, 2020. ��� Bill Lambert, Mayor
TE RMINATION OF LOCAL DISASTEREM ERGENCY AN D PUBLIC HE ALTH EMERGENCY ORDERNo s. 20-0 1 AND20-02 PAGE 70F 19 EXHIBIT A
RESOLUrJON NO. 2mo- {l5
A RESOLU TION OF THE Cfl'Y OF MO 'CO\\, IOAHO, A MUNICIPAL COR..PC. RATION OF THE STATE OF IDAHO, AUTHORIZING THE CONTlNUATI Or\ OF 'lHE MAYOR'S PROCL/\MATIOI'\ OF LOCAL DISASTER EMERUENCY MADE EFFECT IVE MARCH 13 2020; AND PROVIDING THIS RESOLUTION SHALL 13E 11\ EFFECT UPON ITS PASSAGE ANO AP PROVAL.
WHEREAS, pursuant to Idaho Code§ 46-1011 and other n:levantsections ofIdaho Code.. alocal disaster emergency may be dcclan:d by the Mayor within a political subdivision; and
WHEK.E/\S, in acconJancc with Idaho Code, the eff�t of such declaration is 10 activate the rc.:covery aspects of any and aU applicable local or intcrgovenune111aJ disaster emergency plans and to authorize the furnishing ofaid and assistance tl�reunder. and;
\\!HERC.AS, on March 13, 2020, tre President of the United States is sued an emergency declaration for the counlry in response 10 the incn:asing number of COVI0-19 cases "ithin tl� L'..S.; and
WHEREAS, on March 13, 2020, pursuant to the authoritygranted under Idaho Code § 46-1011, Uill Lambert, Mayor of the City ofMoscow Idaho proclaimed andded� a locaJ disaster emergency in the City of Moscow, Latah County, Idaho due to the COVID- 19 pandemic and authori£Cd the fumi hing of aid and assistance thcrtunfor- and
WHEREAS . the declaration shall remainin effect fora period ofseven (7) days. w1le s extended pursuant to co�cnl oftre MoscowCi ty Council in acconiance "ith Idaho Code§ 46-!0ll(l);and
WHEREAS it is dec(;mcJ nece >Sary by the Courx: il of the City ofMoscow lO extend stt:h locaJ disaster emergency declaration to provide forthe ongoing threat to public life and property and the Council wishes lO continue to be prooctive and help reduce the spn:ad of COVID-19 and to cB::ouragc our conununity mem bers and community busiocs sc:s to do their ptrt to pre ve 111 and limit the spreading of this virus: &id
WHEREAS the Centers for Disease Control and Prevention (hereinafter "ClJC") has providct.I guidance for preventing the spread of COVID-19 and is continuaJly providing uixhttc as information become avail.able '>'ith revisc NOW, THJ.<:REFORJ.<:, BE IT RESOLVED by the City Council of tre City of Moscow as follows: I. 'lbe Local Emergency Proclamation declaring a locaJ disaster emergency in the City of Moscow Latah County Idaho, sigi�d into effect on March 13, 2020, by Mayor Uill Lambert. attached as Exhibit A, shaU be continued and remain in effect until May 5, 2020; 2. The Local Emergency Proclamation guid�e rcgan.ling postponing or can:cling all City RE SOLUTION No . 2020-09 TERMINATION OF LOCAL DISASTER EMERGENCY AND PUBLIC HE ALTH EMERGENCY ORDE R No s. 20 -0 1 AND20-02 PAGE 8 OF 19 sponsored events will be modified as deemed appropriate by the Mayor by relying on the recommendationsof !he CLJC and local health authori1ics. 'l1rnt this Resolution ·hall become effective as of the 11£day of March, 2020. PASSED BY ,T H F. CITY COUNCii . .A D APPROVED by che Mayor of the City of Moscow. Idaho. this jJ2_ day f Murd1. 20f0. \·1.' •• � :"\ ' O ' .. " ...... \ .. . * · � • \ . I •4. tic.' �� / '_� .' 'y "\�- , ill Lamb e rt Mayor �1---JJ--� · ·(�} ��· �e�� Laurie M. Hopkjns, City 'lerk RESOLU TION No . 2020-09 TERMI NATI ON OF LOCAL DISASTER EMERG ENCY AND PU BLIC HEALTH EMERG ENCY ORD ER No s. 20-0 1 AND 20-02 PAGE90F 19 Exhibit A THE CITY OF AJOSC01l" LOCAL EAl1ERGENCY PROCL�'1ATI0.\' WHl:REAS, CO\'ID-19, i9 :11 ICipinrtOJ'}' disc:mc c:iu9cd by the- SAJ�-l-0\o.2 "ir11..9. hicn J.9 a 1!.CW srsain o- coroJtaviru� lltal hnd n t boon pre\lloLL WH.li.Hb.AS. U1c "Ul ict.01t!:ftcs Ute i'>.') ten tin l publichcalith dtretlt posed by ( \.'llJ.lY oo th globltly and. In Uthe :n.i1ed State aI "high''. au:! hasad"isedthat persQ1.1do -petson 1pre:ad o · ovt U · 19 will concin e m oocur OOJ!lly, i1tcludillp, wimln the Unitoo State?; an.cl WHF. H AS, 1111 lao111uy iO. '?1 0, tlw h1rerl'\1nmB1 l1<>-0lt llr,�uniinn• Frn1�ecnr..1 -01wvit1c c of Ulo 01ld IJcaith U1·.sauization docllll.'Od tit<:: autbcCDk a "pu lie ttcal.111 cr.:ier�cl!.c ot lntcmatioJLal con<:\ll"n". an·1 W liE Hf: AS, Oil .hllilar\' J 1. NW. Health llJ.tC Mli.llian Scl'\>i'c:es :sce:rmrv l\Lcx M. /\ZK IJ d l.riroo � puhlk nkh. cm rAenc. for the I 11iirai StBt..s t1> !i.d 1ht 1L11rt1'ln·� h.cml:1ham:: i:;ornmwuty mrcsponidiug toCOVID· 19;mill \V KEl-tE AS, cm l'ohrwuy 21'. 2U20, Wrohlngto.n GovcLTr01 .o�· �1.9lcc pro-cfaimcd l Stot� of' f:: m.cr�ency exist> in llll ro-wui1:s t tbc 'teitc ·Of,.· ruru11gron, ru'lil. WHEJ WH.:.JU'...\S, on Marcil �2. 2mit the CityofP1"!lm�ri M nr.rnmn J,1hnmn.doclare.J11St.atr. of Errx:r ency for the Cityof l'.>ullrnDlL Jnc cmcrgcr1cy doclruot1J WIU'.MfcA'( on MMCh: IJ, 1020, the ldm<1 floveroor Arad little dedared. a stl!te of ci11t:1 cru;y WH £REAS , �11 MMCh l 3, 20:'.!t>, the l'rcsL1<"1.1t af dw United St:ite!! isruc Re.wlu!ico. ·o. W?rl-05 Cootln'lllllioo of ProdamaliooC OVID-l!I Page3 of 5 RESOLUTION NO. 2020-09 TERMINATION OF LOCAL DISASTER EMERGENCY ANDPUBLIC HEALTH EMERGENCY ORDER No s. 20-01AND20-02 PAGE lOOF 19 WIU'Jll:A�. rm l\lllf'Ch. : 1, 11l211, the ldAh() D�rtme111 of He::il1h 1rnd Wet fare ::ind iheH::ih<1 No11h Ccnb:d. llc11hh Lfo tt ict issued 1coommrodatioos form.a$ sro.h.cri:n sand publ!c C\'CJ!it� l� crder 1.0 comain aruHI \ the .�preaclo c VJ o. J9� and WffUU:.A · a l.ocru '1is!.\.q101 01nor oncy ma. be .:led� b. Ul.c Mo.yor wrt.hin B politi'4l ul.xllvl�li.)L-. 1�1.L1St1l lO J J.ult·u Code § 46-:Ul l alltl o:h 't."ill.IU s�Llu1 ()( JdJhoCode� :mi WUEJ.U:.A • l.l lltCG01l!.iJJK.c willL kW1u Ci.'lk th' cffca. of iuch d«;lilrru:.iou � to oc tiw tc: Lit reooll'cry :upoci;s of any and .all ll f1pl1 cable l<>.:al -0r nic �ov�mment.a: fil.�as:er e1uc1g.-nc: �1l1in.s :u'lri1.e 1hc fumiskins of aid ruid ru:s�i;tance tllli.:rt:wttler. ae1.d WIUUU).A�. the City nruiy JUIHall ordLIU\l�e!I Ar.cl make11ll res11lati \'(Hf.KE.AS, h� ·1r. or Mc.scow .:l cs i r� ro r.ake action ln ordct m proaai\'C and help r'i?:<11.11�e the �l"l"CM of rh·� virrn '11'1 ?,ncrnirn�� nur O."lmm1.111ity ini0Tt1hc.-.: P.11'1 Cilmm·wit;· bll.!i.11CS1cs ro do their part t•:> Jl'f\':'\-�m 11t1dI im. t th.: gproadini:;or' th.i! ·vLnu; �OW, TtlE.Kf.f!OKE. I 13,IU Lambert. M11.yfll' o( du. Cic y of Moocow ltlallo tlo h(n:b� proclaim aid declare B :.O.Cal c:IL� .a.�tt:r cmcr�c11c�· in the Citv cf .\fo� 1. i'o do C 'V'i?f1t lW1 � re! nabl y possibl t� BSSlS! afr'Cled individuals 81!.d Cllt i1 iCS in fill ef'Mr1 ro rel!Jlol1tld to ,'!.M recm..er fmm tll>I? outj,n!Jtl-. !. ro ol ro� tl!.ero:ommcnd.ati cn ot'thc ldahl) lJepartnxnto t"lic:alt anct. 'l\'cltitrt llOO tltoo of Public Hc1li1h-ld.aho Norlh Central Di�1rict bj· postpo1ti.r1g 01 ('at!.C(!lit1g aH C��· 3f)(Jl1,iorcodC\''Cl.11:! mcci::111g thefol km i ug cri tc::ri.a: a 11te e1J'Cl'l.t ,.,m drm a i.d!cneti; or p:trrl • i 1w�tq finrn commm l ties, �tit , or C(IW'ftr..c! withtonfomcd commw1itygprcadofCO\·ID-:9d.i.1cil!lc. n l'hc e-.·ent will n?. held indoot"t and hring tnieth.,. more th11n 2�H ind ivioduals vhcrc !IOciru dl3tmi.d11g of(, feetor more i_, u11li.kclyor not pm��blc. c l'he event'� �rirrary m:iiencc lrtc�ld� or m�y e\'['IO'"C h�h·ri�k 1'W)111l�·on� itl'L1..ding od.ul13 ov�r the 11go of60 yc.m a.n� �1Coplc with w1dcrl mg chroni� m,'(Eal c.cind.iliQttS li e bc.nrt or lung dlsca� or c1iabctcs. · ar Ra;.olutioo 2\'.o 2020 - 05 Cootml!Jltiooo: ProdallllltionCO \'lD- l 9 Page4 of 5 RESOLUTION NO. 2020-09 TERMINATION OF LOCAL DISASTER EMERGENCY AND PUBLIC HEALTH EMERGENCY ORDER No s. 20 -0 1 AND20 -02 PAGE 11 OF 19 3. To take immOOiatf action andC'.thcrreag:in.abty necessary steps10 pre\lcntand limitth£ spreadin�ofCOVll>l9, indudin�, butnot limitedto i'.ICtivationofthe City of Moscow Pandemic 1nflucn.zaPreparedness l1lan, Disaster Ma.tiagemcnt l'lanAnncx. 1 he City of' Mosrow rccommc:nd.s i:hc Public follow tlbc same recomrnerul.ati.ons ofth£Idaho Depamnmt of llcruth and Welfare and that of l'ub:ic H�lth·ld.lho �orth Ccntrill IJistrict by postpc•1w1g ur c.ilualling. n1�sg.nhnu1ss ;i.m.J publi<: l:'l'Cnl� thm men it>(: t:dtcriilrwtod .ibovc:. Tiu� decl.usti Re;oluliOD�o 202 0 - G5 Coatilluatioo of Pi:odmmifonC O\l'ID-19 Pa�S o!5 RESOLUTION NO. 2020-09 TERMrNATION OFLOCAL DISASTER EMERGENCY AND PUBLIC HEALTH EMERGENCY ORDERNo s. 20-0 L AND 20-02 PAGE 12 OF19 EXHIBIT B fi 0 1 Ii I �· '0- -1.itt.::i · ��:s�oF _ · v. l ifi l1� ...!!/2:4/Z.O ? : Jl {!;y,,,""", /'-- - THE CITY OF MOSCOW • t i..., w . 1: fl. ; ,_... PUBLIC HEALTH EMERGENCY ORDER No. 20--0i. �-v.��::c}/;4::_ MASS GATllER l r"'GS, RESTAURANTS ANU BARS March 20, 2020 WHEREAS, COYilJ-19. is a respiratory disease caused by the SARS-CoV-2virus. which is a new strain of coronavirusthat had not been previouslyidemified in humans ru1d can easily spread from person 10 person.which can result in serious illness or death thereby threatening widespread and/or severe damage to life or properly thereby creating ru1 "emergency" as definedby Idaho Code § 46-1002;ru1d WHEREAS, the L>epanmelll of Health and Buman Services Cenrers forL>iscasc Comrol ru1d Prevention ("'CDC") identifies the potential public health threat posedby COYIL>- 19 both globally ru1d in the UniredState as ''high". ru1d has advisedthat person-to pcrson spread of COVIL>-19will cominue to occur globally, including within the United Stares ; and WHERE.AS on Jru1uary 30, 2020. the lntemational llcallh Regulations Emergency Conunittcc of the World llcald1 Orgru1ization declaredthe outbreaka "public health emergency of inteniational concern''; and WHEREAS, on Jru1ual)' 31. 2020. Health and Human Services Secretal)' Alex M. Azar II declared a public health emergency for the United States to aid the nation's healthcare conununity in responding to COYilJ-19;ru1d WHEREAS, on February 29. 2020. WashinglOn Governor Jay Inslcc proclaimed a State of Emergency exists in all cowllies in the State of Washington; and WHEREAS, on March 11. 2020. ll1e World Health Organiza tion ( WllO) made theassessment that COY lD -19 cru1 be characterized as a pandemic; and WHEREAS, on March 13, 2020. the Id aho Governor Brad Little dee!rued a state of emergency due to COYID-19. State officials say more than l 00 people have been rested for COYIL>-19in Idaho, but no one has been positi\'C for COY lD-19; ru1d WHEREAS, on March 13. 2020. die President of die United States issued an emergency declaration for the country in response to the increasing number of COYID-19 cases withi n the U.S.: ru1d WHEREAS, on March 13, 2020, the Idaho L>cparuncmof Health and Welfare ru1d the Idaho Nord1 Central 1lealth L>istrict issuedrecommendations for mass gatherings and public e..oents in order to conrain ru1d slow the sp readof COYID-19; ru1d PUBLIC llEALTll EMERGENCY ORL>ER No. 20-01 - Page 1of 4 RESOLUTION NO. 2020-09 TERMINATION OF LOCAL DISASTER EMERGENCY ANDPUBLIC HEALTH EMERGENCY ORDER Nos. 20-0 1 AND20-02 PAGE 13 OF 19 II !) 1 Ii j • WH EREAS, a local disaster emergency may be dec lared by the Mayor w ithin a political subdivision,pur suruu 10 Idaho Code § 46-1011 and other relevruu sectionsof ldaho Code; and WHER EAS, on March 13. 2020. Moscow Mayor 13ill Lambert issued a Local Erncrgcn:: y Proclrunation, dcdaring a local disaster emergency. pursuant 10 Idaho Code § 46- 1011 ru1d other relevant sections of Idaho Code; ru1d WHEREAS, on March 16, 2020, the Moscow City Council adopted Resolution 2020-05, authorizing continuation of Mayor Lambert's Local Emergency Proclamation uruil May 5. 2020; and WHEREAS, on March 20. 2020. the Cow1cil for the city of Moscow aooptcd an ordinance enacting a new Chap!Cr 11 lO Title I of the �foscow City Code. seuing forth the authority, purplsc, ruid intent of emergenc y powers to address the threat of COVID- 19; and WHEREAS. the risk of commun i ty spn.:ad tJuoughout the city of Mosco impacts the life and heahh of the public ru1d public hcahh is imperiled by the person-to-person spread of COV ID- 19, and the reduction of oppor1Uni1ics for the person-to-person transmission of COVID-19 is rrccssary to c.ombal the sp�ad of the disease;arxi \\1!£REAS, both the CJ) ·, the fc dcml go\\!mtnenl. ru1d our local public health district have recommen:led practices 10 pre\\!nl the rapid spread of COV ID-19, including sociaJ distancing. and on March 18. 2020, Govemor Brad Lillie adopted these rcc.ommcndations for th! slate of Idaho. "ll1e recommendations include that individuals practice social distancing by no! gathering in groups of more than ten (I0) people and that they avoid eating al bars. restaurants ru1d foo d courts. 'Ilic rc c.ommcndations further include that individuals use drive-up. take-0ut and delivery options for meals. The policies. along with otl1cr information, are available on the CO "s official COVID- 19 website. ( lmps://www.edc.gov /coronavirus/201 9-nc.ov/index. html). Additional ly. as of March 19. 2020 there are twenty-three (23) c.ases of COVID-19 witliin Idaho; NOW, THEREFORE. I. ll ill Lambert. Mayor of th! City of Moscow. ldaho. by virtue of the autl1ority \oest.ed in me by Moscow City Code Title 1-1 1-0S(B). rutd Ifie common law authority to protect the public in Ifie even! of an emergency hereby order as follows: I. ·n1e rc shal l be no gatherings in groups of more than ten (I 0) persons within the boundaries of the City of Moscow. Han. All bars, tavems. nightclubs, private liquor clubs, taprooms. lasting rooms. mobile bars, cabarets ru1d saloons,as well as all other alc.ohol liccnscd premises forby the glass sales of alcoholic reveragcs as defirrd by IDAPA 11.05.01, or J.C. §§ 3� 5502, 23-941, or 23-902, within the city limits of the City of Moscow shal l close to memrers, guests. patrons. customers. ru1d the general publ ic. ll1erc shall be no on- PUBLIC HEALTH EMERGENCY ORDER No. 20-01 - Page 2 of 4 RESOLUT ION No. 20 20 - 09 TERM INATION OFLO CAL DISAST ER EM ERGENCY AND PUB LIC HEALTH EM ERGENCY ORDER Nos. 20 -0 1AND20-02 PAGE 14 0F19 Ii !J I ii I·; premises, whether inside or outside the cstabli A. Curbside pick-up, take-out. and drive-through of foo d and/or drink sc.:rvicc is permitted. Where possible, onlinc (e.g., Vcnmo, Squarecash, Google Pay, ApplcPay) and te lephonic credi1 card transactions are strongly encouraged . Cash payments arc strongly discouraged . Employees who handle cash or credi1 cards shall use ckansing methods between each transaction. B. Delivery food and beverage service is permined. Where possible onlinc and tc!cphonic credi1 card trnnsactions arc strongly ene-0uraged. Cash paymenlS arc strongly di C. Parkingmeter spaces, if any. in front of a food/beverage service cstablislunent shall re reserved for the temporary USC by individuals for curbsideta ke-OU!. 0. AU cmplO)'CCSarc strongly encouraged to wear protectivecl othing while preparing, delivering, or completing transactions. 3. Rtstaurants. All restaura ntsand dine-in food service within the city limits of the Ci1y of Moscow. as defmed by l.C. 23-942 or J.C. 39-5502. whether inside or outside ti..:: establislunent, are prohibited from serving on-site meals and beverages. RcstauranlS and dine-in serviceme.ans any eating esta blislunent including, bu1 not limited to,e-0fTcc shops. cafcs , private dining clubs. and cafeterias that give or offe r forsale fuod to the public. guests or employees. Restaurants shall not admit mcmrers, guests, pa.irons or customers inside the cstablislunenl. I lo wcver. the following is permitted: A. Curbside take-0u1, pick-up and drive-through food service is pennilled. \\o11crc possible, onlinc (e.g., Vcruno, Square.cash, Google Pay, ApplcPay) and telephonic credit card transactions arc strongly encouraged. Cash payments arc strongly discourogcd. E mployees who handle cash or crod i t cards shall use cleansing methods between each transaction. B. Delivery food and beverage service is permitted. Where possible onlinc and telephonic credit card transactions arc strongly encouraged. Cash payments arc strongly di C. Parking meter spac es, if any, in front of a food service cstablislunent shall be reserved forthe temporary use by individuals forcurbside take-out PU BLIC HEALTH EME RGENCY ORDER No. 20-01 · Page 3 of4 RESOLUTION NO. 2020 - 09 TERM IN ATION OF LOC AL DI SASTER EMER GENCY AND PUBLIC HEALTH EMERGENCY ORDER No s. 20-0 1 AND20-02 PAGE 15 OF 19 604647 L>. All employees arc strongJ)' cncoura�cd to w1..-.a r protcctivt:clot hing while preparing. delivering, or completing 1ransactions. 4. Ex mplions. TI1is order shall r'X'lt. apply to g.roccr y stores. gas stations. and pharmaci1.:s. nor 10 e�rgency overnight or day shelters lhat provide food service to persons experienc ing. homelessness. 5. Pcn Rlty. In accordanct: with Moscow ity ode Sc tion 1 - 11- 1 0, any person who knowingly violates lhe provisions of lhis order shall be guilty of a misdemcMor. This Err-.::rgcncy Order shall takecffcc1 a1 12:00 a.m.on March I. 20:20. and shal l remain in fu l l force and effoct for seven (7) days. subject 10 be ex11.:nded by City Council t hrough Rcsolucion unle ss ii is tcrm.inmcd or modifieda t ru1 earl ier date. 1-fA.. IN WIT�S WHEREOF, I have hc n::unloset my handon this2.U day of March. 2020. PU13LIC llEALll l EME RGENC Y ORUERNo. 20-01 - Page 4 of4 RESOLU TION NO. 2020-09 TE RMI NATION OF LOCA L DI SA STER EMERGE NCY AND PUBLI C HEA LTH EMERG ENCY ORDER Nos. 20-01AND 20-02 PAGE 160 F 19 EXHIBIT C p IJLJ MA SSGATH ERI NGS, SCHOOLS, CHVRCllES,G\'MS, TA 1TOOPARLORS, BAR BER SHOPS AND SALONS March 24, 2020 WHEREAS, on M�h 13, 2020, !he Idaho Governor Brad Lillie declared a state of emergency due to CO VI0- 19. which is sti ll in effect; and WHEREAS, on March 13. 2020, d1e Presidem of the United States issued an emergency dcc lara!ion for the COUllll)' in response to !he increasing number of COVIU-19 cases wi !hin the U.S .. which is still in effect; and WHEREAS, on Man::h 13. 2020. Moscow Mayor l3ill Lambert issued a Local Emergency Proclamation. declaring a local disaster emergency due to ilie occurrence and imminem !hreat to public hea lth and safel)' ari sing from !he effec!s of !he 2019 no vel coronavirus (COVI0-1 9). pursuam 10 Idaho Code § 46-101 1 and other relevam Sl.--c tions ofldaho Code; and WHEREAS, on March 16, 2020, the Moscov.· City Council adopted Resolu!ion 2020-05, alllhorizingcontinuation of Mayor Lambcrt" s Local Emergency Proclama!ion w1til May 5, 2020; and WHEREAS, on Man::h 20, 2020, tre Council for the cil)' of Moscow adopted an ordinance enacting a new Chapter I I !o Title I of the Moscow Cil)' Code. sening forth the authority, purpose, andiment ofemergency pov.crsw address the threat ofCOVID- 19; and WHEREAS, on March 20, 2020, .Mayor Lambert issued the first Public I lcalth Emergency Order t\o. 20-0 1, instituting regulations regarding mass gatherings, restaurants and bars whelp prevem the spread ofCOV ID-19; and WHEREAS, on March 21, 2020, Whitman County. which is located at the western Moscow City limits. announced its fir..1 cases of COV 10-19; and WHEREAS, on March 23. 2020, Spokane County, which is located less than 79 miles from Moscow, reported it has 29 confirmed cases of COVID-19; and WHEREAS, on March 23, 2020. Washington GovernorJa y lnslcc i sued a Stay at Horne. Stay Healthy order for aU of Washington state which will be effective for a minimum of two weeks; and PUBLIC llEALTll EMERGENCYORDER t\o. 20-02 - Page I of3 RESOLUTION NO. 2020-09 TERMINATI ON OF LOCAL DIS ASTER EMERGENCY ANDPUBL IC HEALTH EMERGENCY ORDER Nos. 20-0 I AND 20 -02 PAGE 17 0F 19 I; 11 1 f i j "' WHEREAS, on March 23. 2020, the state of Idaho reported 50 confirmed cases of COV IU-19. 3 of which arc located in Kootenai County, which is located less than 80 miles to the north of Moscow; and W Hf.REAS, the D.-:�rtmelll of llealth and Human Ser vices Centers for Disease Control ("C DC") is rerorting thar as of Mareh 24, 2020. rhe United States has 44. 183 confinned cases of COVI0-19. and 544 rotal dearhs: and WHEREAS bOlh 1hc CDC.the federal govcrruncnt, and thi.: Idaho Department of llcalth and Welfare and the Idaho North Central l lealth District have re commended practices to prevent the rapid spn.>ad of COVID- 19. including social distancing, and on March 18, 2020, GovernorBrod Li nle adopted these recommendations for the state of Idaho. The recommendations include that individuals practice social di stancing by no t gathering in groupsof more than ten ( 10) peop le and that they avoid eating at bars, restaurants and foo d courls. lbe po licies, along with other infonnation.arc available on the CDC's official COVIU-19 website. (https: // 1.vww.cdc. gov/coronavirusf201 9-ncov/index. htm l).; WHEREAS , the risk of commmliry spread througholll the city of.Moscowis a continued threat, especial ly due to our unique location in Idaho and our close proximity to states and locations where there is a large man ber of confi rmed COVll).. 19 cases and evidence of community spread; and WHEREAS, the spreadof COVIU- 19 contin�s to threaten the life and health of the public and public hcahh is imperiled by the person-to-person spread of COVID- 19, and the reduction of oprortunitics for the person-to-person transmission of COV IU-1 9 is necessary to comoot the spread of the disease; and WHEREAS, the inabi lity for cer1ain businesses to follow the re commended social di stancing guidelines due to the very nature of their business ca Us forth is additional regulati on to help do our part to slow the spread of CO VID- 19; and WIU'.IU:AS, the rapid spread of COV IU-19 to date requires a more aggressive proactive respon.se in order to protect the public and resources to address the supply issl.A!s "e as a nation and state currently face. NOW, THEREFOIU:, I, 13ill Lambert, Mayor of the City of Moscow. Idaho , by vi rtue of !he authority vested in me by Moscow City Code fitle 1-1 1-05(13). and the common law authority to protect the public in the event of an emergency, in order to enco urage and enforce Soc ial Distancing and reduce the potential for spread ofthe COVIU- 19 vims, hereby order as follows: I. Pu blic Hea lth Emergency Order No. 20-0 l, remains in fu ll force and effect, in ac.cordance with said Order andMoscow City Council Resolution 2020- PU BLIC HEALTH EMERGENC Y ORDER No. 20-02 - Page 2 of3 RE SOLUTION NO, 20 20 - 09 TERMINATI ON OF LOC AL DISASTER EMERGENCY AND PUBLIC HE ALT H EMERGENCY ORDERNos. 20 -01AND20-02 PAGE 18 OF 19 b. Any and all expressive and associative acm•111cs. including assembly, and chwd1 and religiousorg anizationact ivities. 3. Gyms. Including without limitation gyms (and gymnasiums), workout fa cilities, health clubs. athletic clubs. tiID!� centers and health spaswithin the city limitsof the City of Moscow shall close to members, guests, i:etrons, customers, and the general public. Gym includes any building, room, venue or location designed to facilitate physical exercise with or without the use of specialized equipment, wh ich includes, but is not limitrdto, aquatic centers. yoga studios, m.1nial arts srudios, and ma�agc parlors. 4. Ta ttoo Parlors, Barb�r Shops and Salons. All businesses or establishments that renders th e services by barbers, hairdressers and cosmeticians, nail technicians, c lcctrologists, csthcticians, eyelash technicians aid tattoo and piercing providers within the city limits of the City of Moscow shall cl�e to members. guests, patrons, customers. and the general public. This iocludes, but is not limited to. barbershops, bea uty sho ps. hairdressing salons. beauty salons. nai l salon . spa<>. and tanoo or piercing cstablishmems. 5. E�emptions. This order shall not apply to childc are/daycare services w1d childcare/daycare facilities. No thing in this order shal l constrain tB! duties wid powers of the City, the Mayor, or other govenuncntal agencies. 6. Penalty. [n accordance with Moscow City Code.: Section 1-11-10, any per on " ho knowingly \•iolatcs the provisions of thisorder shall re guilty of a misdemeanor. Thi EmergenC)' Order shall take effect at 1 2:00 a.m . on Ma rch 25. 2020. and shall remain in full force and effect for seven (7) days, subjec t to be extended by City Couocil through Resolution unless it is tenninated or modifiedat an earlier date. � IN WIT� ESS W lli':R EOF, I have.: hereunto setmy hand on thi . .B..: day of March. 2020. Dill Lambert, Mayor PUBLIC HEALTH EM ERGE!\CY ORDER No. 20-02 - Page: 3 ofJ RESOLUT ION NO. 2020-09 TERMINATION OF LOCAL DI SASTER EMERGENC Y AND PUBLIC HEALTH EMERGENCY ORDER No s. 20-0 I AND20-02 PAGE 19 0F 19