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HomeMy WebLinkAboutAGENDA REPORT 2020 0513 SPC CC ITEM 10BCITY OF MOORPARK, 
CALIFORNIA City Council Meeting of May 13, 2020 ACTION Approved staff recommendation, including adoption of Resolution No. 2020- 3908. BY B.Garza. B. Consider Resolution Reinstating Regular Meetings of the City Council and Other Boards and Commissions, Permitting the Use of City of Moorpark Dog Park, Tennis and Pickle Ball Courts When Exercising Social Distancing and Rescinding Director of Disaster Services Executive Order No. 2020-02. Staff Recommendation: Adopt Resolution No. 2020-3908 Reinstating Regular Meetings of the City Council and Other Boards and Commissions, Permitting the Use of City of Moorpark Dog Park, Tennis and Pickle Ball Courts When Exercising Social Distancing and Rescinding Director of Disaster Services Executive Order No. 2020-02. (Troy Brown) Item: 10.B. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Troy Brown, City Manager DATE: 05/13/2020 Special Meeting SUBJECT: Consider Resolution Reinstating Regular Meetings of the City Council and Other Boards and Commissions, Permitting the Use of City of Moorpark Dog Park, Tennis and Pickle Ball Courts When Exercising Social Distancing and Rescinding Director of Disaster Services Executive Order No. 2020-02 BACKGROUND On March 20, 2020, Ventura County Health Officer Dr. Robert Levin issued a “Stay Well at Home” order requiring that all persons living within Ventura County stay at their residences and to the extent persons are outside of their places of residency to, at all times as reasonably possible maintain a physical distance of at least six feet from one another. Subsequently, on April 20, 2020, Dr. Levin amended and extended the County’s Stay Well at Home order until May 15, 2020. During the Stay Well at Home Order, the City has implemented a technology platform that provides a suitable forum for members of the public, Councilmembers, commissioners and board members of various legislative (and quasi-legislative) bodies to participate in meetings remotely, while complying with the social distancing requirements of the County’s Order. Ventura County is making progress on combatting COVID-19 and as such Dr. Levin has begun easing social distancing restrictions within the order thus allowing persons within the County to participate in certain activities. The County has provided guidance that must be followed to allow certain activities and facilities to re-open. The City has implemented said guidelines and can now reopen certain facilities consistent with Dr. Levin’s health order. DISCUSSION On March 20, 2020, Ventura County Health Officer Dr. Robert Levin issued a “Stay Well at Home” order requiring that all persons living within Ventura County to stay at their residences and to the extent persons are outside of their places of residency to, at all times as reasonably possible maintain a physical distance of at least six feet from one Item: 10.B. 110 Honorable City Council 05/13/2020 Special Meeting Page 2 another. Subsequently, on April 20, 2020, Dr. Levin amended and extended the County’s Stay Well at Home order until May 15, 2020. The City Manager, serving as the Director of Disaster Services, swiftly took additional steps to provide for the health, safety, and property of residents in the midst of the COVID-19 pandemic. These steps included emergency declarations to cancel regular meetings of the City Council and other Boards and Commissions in addition to closing certain city facilities to promote social distancing during the County’s Stay W ell at Home Order. Additional steps included the closure of certain City facilities to discourage gatherings, congregating and other activities which result in close human contact such as City Hall, Arroyo Vista Recreation Center, Dog Park, Skate Park and tennis/pickle ball courts throughout the City. These actions were ratified by the City Council on April 8, 2020. The City has implemented a technology infrastructure to support virtual meetings for Councilmembers, board and commission members. “Zoom”, a widely used web-based application, provides a stable platform for videoconferencing and broadcasting of meetings from remote locations where a suitable internet connection is available. Agendas for public meetings of the City are published with Zoom details to allow the public to view and in certain instances, participate in public meetings. Where the public cannot participate directly via Zoom, a phone number is also published on agendas so residents can contact the City and participate directly in the meeting if desired. With this platform now perfected, staff is confident that regular meetings of City Council, Boards and Commissions can return to their regular scheduled dates for the remainder of 2020. The City of Moorpark also implemented social distancing measures for staff and at facilities accessible to the public which tend to attract gatherings of people. To comply with the aforementioned health orders, the City has closed the Public Library, cancelled recreational activities and classes, closed the Active Adult Center, postponed or cancelled numerous special events, implemented telecommuting capabilities among staff (where possible), closed City Hall, tennis courts, pickle ball courts, the dog park and the skate park in an effort to harden social distancing and combat COVID-19. As environmental conditions associated with COVID-19 have shown modest progress amendments have been made by Dr. Levin to his Stay Well at Home Order to ease some social distancing requirements. The April 20, 2020 update to the County’s Health Order (Attachment 2) allows persons within the County to engage in certain outdoor activities while complying with social distancing guidelines. Specifically, section 17 (a)(6) of the order allows for, “golfing, tennis, pickle-ball, walking, hiking, running, bicycling, pleasure driving and working around their places of residence, including gardening.” This allows the City to reopen tennis/pickle ball courts as well as the dog park with certain restrictions as follows: 111 Honorable City Council 05/13/2020 Special Meeting Page 3  Maintain at least a six-foot physical distance from other persons  Use of facility is limited to members of a single household or living unit;  Wash hands with soap and water for at least 20 seconds or use hand sanitizer as frequently as possible, cover coughs or sneezes (into the sleeve or elbow, not hands);  Regularly clean high-touch surfaces; and  Do not shake hands. Use of play courts is limited to members of a single household or living unit and sharing of equipment, clothing, towels, food or drinks is prohibited. Further, users of courts are prohibited from waiting inside of gated court areas while courts are in use. Although never explicitly stated in the Stay Well at Home Order, the City Manager applied the rules related to outdoor activities to the dog park at College View Park and closed that facility during the early days of implementing the Stay Well at Home Order. The guidance stated above for tennis/pickle ball courts can be applied to the dog park, thus that facility has been reopened. FISCAL IMPACT There is no fiscal impact associated with this action. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Adopt Resolution No. 2020-____ Reinstating Regular Meetings of the City Council and Other Boards and Commissions, Permitting the Use of City of Moorpark Dog Park, Tennis and Pickle Ball Courts When Exercising Social Distancing and Rescinding Director of Disaster Services Executive Order No. 2020-02. Attachment 1: Resolution No. 2020- _____ Attachment 2: Amended Order Directing Persons to Stay At Their Homes, Closing Non- Essential Businesses and Prohibiting Non-Essential Activities To Combat The COVID-19 Pandemic – dated April 20, 2020 112 RESOLUTION NO. 2020-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK TO REINSTATE REGULAR MEETINGS OF THE CITY COUNCIL AND OTHER BOARDS AND COMMISSIONS; PERMIT THE USE OF THE CITY OF MOORPARK DOG PARK AND TENNIS AND PICKLE BALL COURTS WHEN EXERCISING SOCIAL DISTANCING PRACTICES; AND RESCIND THE DIRECTOR OF DISASTER SERVICES’ EXECUTIVE ORDER NO. 2020-02 WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named “coronavirus disease 2019,” abbreviated COVID-19; and WHEREAS, on March 4, 2020, the Governor of the State of California initially declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, Dr. Robert Levin, M.D., the Ventura County Health Officer, initially declared a local health emergency within the County of Ventura due to COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, also on March 13, 2020, the City Manager of the City of Moorpark, acting as its Director of Disaster Services, proclaimed a local emergency within the City of Moorpark on account of the COVID-19 pandemic; and WHEREAS, on March 16, 2020, the California Department of Public Health issued COVID-19 public health guidance related to self-isolation for older adults and those who have elevated risks, to further strengthen measures to address the state of emergency caused by the COVID-19 pandemic; and WHEREAS, on March 17, 2020, Dr. Levin issued a public health order to close many types of businesses, including bars and nightclubs that do not serve food, movie theatres, live performance venues, bowling alleys, arcades, gyms, fitness centers, aquatic centers, wineries, breweries, and tap rooms; and WHEREAS, on March 18, 2020, Governor Newsom issued Executive Order N- 29-20 to suspend certain provisions of the Brown Act in order to allow local governments to hold public meetings exclusively via electronic means and to make those public meetings electronically accessible to all members of the public. ATTACHMENT 1 113 WHEREAS, on March 18, 2020, the City Council of Moorpark adopted a resolution to ratify the Director of Disaster Services’ proclamation of a local emergency within the City of Moorpark; and WHEREAS, on March 20, 2020, the Dr. Levin issued a “Stay Well at Home” order requiring that all persons currently living within Ventura County to stay at their residences and to the extent persons are outside of their places of residency to, at all times as reasonably possible maintain a physical distance of at least six feet from one another. On April 20, 2020, Dr. Levin amended and extended the County’s Stay Well at Home order until May 15, 2020; and; and WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it continues to be important to prevent public gatherings wherever possible; and WHEREAS, pursuant to Government Code Section 8634 and Moorpark Municipal Code Section 2.48.060 (C)(1), on March 20, 2020 the Moorpark Director of Disaster Services issued Executive Order No. 2020-02 to cancel all regular meetings of the City Council and other City boards and commissions during the pendency of the local emergency declared in response to the COVID-19 pandemic. In addition, Executive Order No. 2020-02 temporarily closed the City of Moorpark skate park located at Poindexter Park, the City of Moorpark Dog Park located at College View Park, all tennis and pickle ball courts at City parks, and park and recreation centers within the City during the local emergency; and WHEREAS, on April 8, 2020, the City Council ratified Executive Order No. 2020- 02; and WHEREAS, the City Council no longer believes it is necessary to cancel regular meetings of the City Council and City boards and commissions because such regular meetings can be held safely in accordance with good social distancing practices on an electronic platform; and WHEREAS, the City Council finds that the public interest is best served by conducting meetings of the City Council and City boards and commissions at their regularly scheduled dates and times, in accordance with the Brown Act and the Governor’s Executive Order N-29-20, as may be amended from time to time; and WHEREAS, Dr. Levin’s April 20, 2020, Stay Well at Home order declares that outdoor activities, such as tennis, pickle ball, walking, hiking, running, and bicycling, are an “essential activity,” provided that persons comply with social distancing requirements when engaged in these outdoor activities; and 114 WHEREAS, on May 4, 2020, the Governor issued Executive Order N-60-20 declaring that the State would soon be moving to allow lower-risk businesses and spaces to reopen under Stage Two of his plan to reopen the State in four phases; and WHEREAS, Executive Order N-60-20 directs the State Public Health Officer to establish criteria for local health officers to establish and implement public health measures that are less restrictive than measures taken on a statewide basis and to certify such measures; and WHEREAS, the City Council desires to follow all applicable public health measures adopted by the Ventura County Public Health Officer, State Public Health Officer, and the Governor as it seeks to return the City to normal operations, while protecting the public health to the greatest extent possible. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Regular Meetings of the City Council and City Boards and Commissions. All regular meetings of Moorpark City Council and Moorpark City boards and commissions, including meetings of the Arts Commission, Library Board, Parks & Recreation Commission, and Planning Commission, shall resume and be held at their regularly scheduled date, time, and place in accordance with the Brown Act and the Governor’s Executive Order N-29-20, as may be amended from time to time. SECTION 2. Partial Opening of Parks and Recreational Facilities. A. The City’s reopening to the public of the City of Moorpark Dog Park located at College View Park and all tennis and pickle ball courts at City parks that occurred on April 22, 2020 at 8:00 A.M. is hereby confirmed and ratified, provided that all users of these facilities strictly comply with the social distancing requirements set forth in the Ventura County Public Health Officer’s April 20, 2020 Stay Well at Home Order, as may be amended from time to time, which currently includes the following requirements: (1) maintain at least a six-foot physical distance from other persons; (2) use of facility is limited to members of a single household or living unit; (3) wash hands with soap and water for at least 20 seconds or use hand sanitizer as frequently as possible, cover coughs or sneezes (into the sleeve or elbow, not hands); (4) regularly clean high-touch surfaces; and (5) do not shake hands. B. The City of Moorpark Skate Park located at Poindexter Park, and all other park and recreation centers within the City will remain closed until the City’s Director of Disaster Services, based on the Governor’s Executive Orders that provide for a staged reopening of public facilities and guidance from the Ventura County Health Officer, allows one or more of these facilities to reopen or the local emergency declared in response to COVID-19 concludes, whichever occurs sooner. No members of the public shall enter any of these park and recreation facilities unless and until they are reopened for public use. 115 SECTION 3. Rescission of Executive Order 2020-02. Executive Order No. 2020-02 is hereby rescinded in its entirety and shall have no further force or effect. SECTION 4. Violations. A violation of this resolution shall be punishable as set forth in Government Code Section 8665 and Chapter 1.10 of the Moorpark Municipal Code. SECTION 5. Term. This resolution shall remain in effect until the local emergency declared in response to COVID-19 within the City is concluded. This resolution may also be extended or superseded during the period of local emergency by a duly enacted resolution or ordinance of the City Council or by a further Order by the Director of Disaster Services. SECTION 6. Effective Date. This resolution shall be effective immediately as of the date of this resolution. SECTION 7. Severability. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it would have adopted this resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. Publication. The City Clerk shall certify to the approval of this resolution and shall cause notice of it to be disseminated to the public and be given widespread publicity and notice. Further, the City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED and ADOPTED this 13th day of May, 2020. Janice S. Parvin, Mayor ATTEST: ____________________________ Ky Spangler, City Clerk 116 CITY OF MOORPARK EXECUTIVE ORDER NO. 2020-02 AN EXECUTIVE ORDER OF THE DIRECTOR OF DISASTER SERVICES OF THE CITY OF MOORPARK IMPOSING EMERGENCY REGULATIONS RELATED TO THE CANCELLATION OF ALL REGULAR CITY COUNCIL, BOARD AND COMMISSION MEETINGS, AND THE CLOSURE OF CITY CERTAIN PARKS AND RECREATION FACILITIES WHEREAS, international, national, state, and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "coronavirus disease 2019," abbreviated COVID-19, ("COVID-19"); and WHEREAS, on March 4, 2020, the Governor of the State of California initially declared a state of emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and WHEREAS, on March 12, 2020, Robert Levin, M.D., the Ventura County Health Officer, declared a local health emergency within the County of Ventura due to COVID-19; and WHEREAS, on March 13, 2020, the President of the United States of America declared a national emergency and announced that the federal government would make emergency funding available to assist state and local governments in preventing the spread of and addressing the effects of COVID-19; and WHEREAS, also on March 13, 2020, the City Manager of the City of Moorpark, acting as its Director of Disaster Services, proclaimed a local emergency within the City of Moorpark on account of the COVID-19 pandemic; and WHEREAS, on March 16, 2020, the California Department of Public Health issued COVID-19 public health guidance related to self-isolation for older adults and those who have elevated risks, to further strengthen measures to address the state of emergency caused by the COVID-19 pandemic; and WHEREAS, on March 17, 2020, the Ventura County Health Officer issued an order to close many types of businesses, including bars and nightclubs that do not serve food, movie theatres, live performance venues, bowling alleys, arcades, gyms, fitness centers, aquatic centers, wineries, breweries, and tap rooms through April 1, 2020; and WHEREAS, on March 18, 2020, the City Council of Moorpark adopted a resolution to ratify the Director of Disaster Services' Proclamation of a local emergency within the City of Moorpark; and WHEREAS, based on the foregoing, the Centers for Disease Control and Prevention, the California Department of Public Health, and the Ventura County Health Officer have all issued recommendations and/or orders emphasizing the crucial importance of limiting person- to-person contact to protect public health and prevent transmission of this communicable virus, including by practicing social distancing, staying home if sick, canceling or postponing large group events, working from home, and other precautions; and EXHIBIT A 117 WHEREAS, on March 19, 2020, the Ventura County Health Officer issued a shelter in place order requiring that all persons currently living within Ventura County to stay at their residences and to the extent persons are outside of their places of residency to, at all times as reasonably possible maintain a physical distance of at least six feet from one another.; and WHEREAS, during this local emergency, and in the interest of protecting the public health and preventing transmission of COVID-19, it is essential to prevent public gatherings wherever possible; WHEREAS, pursuant to Government Code Section 8634 and Moorpark Municipal Code Section 2.48.060 (C)(1 ), the Moorpark Director of Disaster Services has the authority to make and issue rules and regulations related to the protection of life and property as affected by the COVID-19 pandemic; and WHEREAS, in the interest of public peace, health, and safety, as affected by the emergency caused by the spread of COVID-19, it is necessary for the City Council to exercise its authority to issue these regulations related to the protection of the public peace health, and safety. NOW, THEREFORE, THE DIRECTOR OR DISASTER SERVICES OF THE CITY OF MOORPARK DOES HEREBY ORDER AS FOLLOWS: SECTION 1. Cancellation of Regular Meetings of the City Council and City Boards and Commissions. Until the period of local emergency that has been declared in response to COVID-19 concludes, all regular meetings of Moorpark City Council and Moorpark City Boards and Commissions are cancelled, including but not limited to, meetings of the City Council, Arts Commission, Library Board, Parks & Recreation Commission, and Planning Commission. SECTION 2. Closure of Parks and Recreational Facilities. Until the period of local emergency is declared in response to COVID-19 concludes, the City of Moorpark Skate park located at Poindexter Park, the City of Moorpark Dog Park located at Campus College View Park, all tennis and pickle ball courts at City parks, and park and recreation centers within the City will be closed. No members of the public shall enter any of the facilities within this section or recreational facility that is closed by this order. SECTION 3. Violations. This Executive Order shall be punishable as set forth in Government Code Section 8665 and Chapter 1.10 of the Moorpark Municipal Code. SECTION 4. Term. This Executive Order shall remain in effect until the local emergency declared in response to COVID-19 within the City is concluded. This Executive Order may also be extended or superseded during the period of local emergency by a duly enacted Ordinance of the City Council or by a further Order by the Director of Disaster Services. SECTION 5. Effective Date. This Executive Order shall be effective immediately as of the date of this Executive Order. SECTION 6. Severability. The Director of Disaster Services declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Executive Order for any reason be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Executive Order. The Director Disaster Services hereby declares that it would have adopted 118 this Executive Order and each section, subsection , subdivision, sentence , clause, phrase , or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions , sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 7. Publication. The City Clerk shall certify to the approval of this Executive Order and shall cause notice of it to be disseminated to the public and be given widespread publicity and notice . APPROVED and ISSUED this 20th day of March, 2020. ATTEST: Troy Brown, City Manager/ Director of Disaster Services 119 STAY WELL AT HOME ORDER OF THE VENTURA COUNTY HEAL TH OFFICER AMENDED ORDER DIRECTING PERSONS TO STAY AT THEIR HOMES, CLOSING NON-ESSENTIAL BUSINESSES AND PROHIBITING NON-ESSENTIAL ACTIVITIES TO COMBAT THE COVID-19 PANDEMIC DA TE OF ORDER: APRIL 20, 2020 Please read carefully. This Order issued by the Ventura County Health Officer shall become effective at 11 :59 p.m. on April 20, 2020, and shall amend and restate the Health Officer Order dated April 18, 2020. Any and all prior violations of previous orders remain prosecutable, criminally or civilly. Further, all prior closure or cease and desist orders directed at specified persons or business shall remain in effect. Pursuant to Health and Safety Code section 120295 et seq., violation of or failure to comply with this Order is a misdemeanor punishable by fine, imprisonment, or both. TABLE OF CONTENTS Page No. 1. Intent and Purpose .................................................. 2 2. Applicable to entire County ........................................... 2 3. Persons to stay at home .............................................. 2 4. Persons may leave home for specified purposes ........................... 3 5. Special rule for persons 70 years of age or older. .......................... 3 6. Non-Essential travel is prohibited ...................................... 3 7. Non-Essential Businesses must close ................................... 3 a. Exceptions for home businesses and limited business operations . . . . . . . . . . . 3 8. Standards applicable to operation of Essential Businesses ................... 5 9 . Food facilities ..................................................... 5 10. Essential Businesses must have Social Distancing Protocol .................. 6 1 1. Special allowance for completion of firearm sales ......................... 7 12. Partial list of Non-Essential Businesses and facilities ordered to close ......... 7 13. Partial list of Non-Essential Activities ordered to cease ..................... 8 14. [Reserved] ........................................................ 9 15. Admittance to Long-Term Care Facilities ................................ 9 16. Hospitals and Long-Term Care Facilities ................................ 9 .l ATTACHMENT 2 120 17. Definitions and exemptions ........................................... 9 a. Essential Activities ............................................ 9 b. Healthcare Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 c. Essential Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 d. Essential Governmental Functions and Services . . . . . . . . . . . . . . . . . . 14 e. Essential Businesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 f. Minimum Basic Operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7 g. Essential Travel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 h. Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 i. Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 j. Social Distancing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18. Commercial laboratory test results .................................... 19 19. Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20. Violation may constitute unfair competition ............................. 19 21. Most Restrictive Provisions of County and State Health Orders Enforcable. . . 19 22. Effective date and time ............................................. 20 23. Continuing assessment .............................................. 20 24. Copies of Order ................................................... 20 25. Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 PURSUANT TO SECTIONS 101040, 101085 AND 120175 OF THE HEALTH AND SAFETY CODE, THE HEALTH OFFICER OF VENTURA COUNTY HEREBY ORDERS AS FOLLOWS: 1. Intent and Purpose. The intent of this Order is to cause persons to stay at their places of residence to the maximum extent feasible with the minimum disruption to their social, emotional and economic well-being consistent with the overarching goal of eliminating the COVID-19 pandemic. The purpose of this Order is that by requiring persons to stay at home, while allowing them to engage in essential activities, such as working at essential businesses, purchasing necessities or participating in outdoor activities, that the spread of the virus will be mitigated, and that in the event a case of COVID-19 occurs, the public health officer can more easily trace public contacts. All provisions of this Order shall be interpreted to effectuate this intent. 2. Applicable to entire County. This Order applies to all persons in the cities and the entire unincorporated area of Ventura County (the "County"). 3. Persons to stay at home. All persons currently living within the County are ordered to stay at their places of residence, subject to the exemptions set forth in 2 121 this Order. Persons experiencing homelessness are exempt from this section, but are strongly urged to obtain shelter, and governmental and other entities are strongly urged to make such shelter available as soon as possible, and to use Social Distancing Requirements in their operation. 11 4. Persons may leave home for specifi.ed purposes. Persons may leave their places of residence for the following purposes only: to engage in an Essential Activity; to provide or receive an Essential Governmental Function or Service; or to operate or work at an Essential Business. When persons leave their places of residence for purposes authorized under this Order, they shall follow the Social Distancing Requirements to the maximum extent feasible. 5. Special rule for persons 70 years of age or older. All persons currently living in the County equal to or older than 75 years of age, or equal to or older than 70 years of age with an active or unstable comorbidity, are ordered to stay in their place of residence and must at all times follow Social Distancing Requirements to the greatest extent feasible. Such persons may leave their places of residence only as necessary to seek medical care or nutrition or to perform essential work in furtherance of Healthcare Operations or Essential Governmental Functions or Services. 6. Non-EssentiaJ Travel is prohibited. All travel within the County is prohibited except for Essential Travel. Persons may use public transit only for purposes of performing Essential Activities or to travel to and from work at Essential Businesses or to maintain, provide or receive Essential Governmental Functions or Services. Persons riding on public transit must comply with Social Distancing Requirements to the greatest extent feasible. This Order allows travel into or out of the County. 7. Non-essential businesses must close. All businesses with a facility in the County, except Essential Businesses as listed in section 17 of this Order, are required to cease all activities at facilities located within the County except that they may perform Minimum Basic Operations. a. Exceptions for home businesses and limited business operations. Notwithstanding the above, the following businesses may operate provided 11 Unless defined when first used, all capitalized terms in this Order are defined in section 17 below. 3 122 they comply with all requirements applicable to Essential Businesses and any additional requirements stated below: (1) Home Businesses. All businesses may conduct activities and continue operations consisting solely of persons performing activities at their own places of residence. (2) Limited Business Operations. A business as specified below may conduct activities and continue operations at a facility of the business in the County provided that (i) no more than ten (10) employees or independent contractors shall be at the facility during any 24-hour period; (ii) there is no physical interaction between members of the public and employees or independent contractors of the business; (iii) members of the public are not permitted inside the business's facilities (i.e., all retail or storefront facilities shall remain closed to the public); (iv) Social Distancing Requirements are followed; and (v) any goods sold by the businesses shall be delivered to the purchaser's place of residence or business address, and any services provided by the businesses shall be provided remotely. The paragraph immediately above applies only to businesses that meet the definition of a business necessary to maintain continuity of operations of the federal critical infrastructure sectors as defined in the March 19, 2020, Order of the State Public Health Officer (State Shelter Order), and only such businesses may conduct limited business operations under this Order. Further, all businesses electing to conduct limited business operations must (i) prepare a "Social Distancing Protocol" as set forth in Section 10 below for each facility and post it where it will be easily viewable by the employees and contractors; (ii) provide a copy of the Social Distancing Protocol to each employee or contractor performing work at the facility; (iii) designate a specific on-duty supervisor or employee to monitor and enforce compliance with the Protocol at all times business operations are occurring; and (iv) permit access to the facility immediately upon request by any officer or employee of the County or its agents who wishes to inspect a business's facilities or operations. Repeated, confirmed failure to comply with Social Distancing Protocol may lead to closure of non-compliant businesses. 4 123 8. Standards applicable to operation of Essential Businesses. Among other requirements set out in this Order, all Essential Businesses that remain open shall provide only those goods and services that justify their classification as an Essential Business in the first place. Therefore: a. Grocery stores, certified farmers' markets, farm and produce stands, supermarkets, convenience stores and other establishments that sell food, beverages, pet supplies or household products (such as cleaning and personal care products) necessary to the safe, sanitary and essential operation of places of residence, that are open to the public, shall not sell any goods other than those described in this subsection (a). The sale of items not listed herein, such as clothing, jewelry, sporting goods, furniture, etc., is prohibited. b. Only businesses whose primary business is the sale of food, beverages, pet supplies or household products (such as cleaning and personal care products) qualify as an Essential Business under section (a) above. For example, a tobacco or vape store that sells a minimal amount of snacks and water as a side business does not qualify as a grocery store, convenience store or similar establishment. Items the sale of which constitute less than 33 percent of a business's gross sales over the last six months are deemed to be minimal. 9. Food facilities. All permanent food facilities, as defined by Health and Safety Code section 113849, may only prepare and offer food that is provided to customers via delivery service, via pick-up for takeout dining, and via drive-thru. Permanent food facilities that prepare and offer food via delivery service, pick-up or drive-thru must comply with the following procedures: a. Containers required. All food must be completely contained in a suitable container before being transferred to a customer. For example, ice cream cones are not allowed; ice cream scoops in a covered container are allowed. b. Must consume food away from premises. The exception for take-out food activities is designed to enable persons who are confined to their places of residence to obtain prepared food to take back to their places of residence for consumption. The take-out food shall not be consumed anywhere within the line-of-sight of a person standing in front of the facility that sold the food. 5 124 c. Six-foot spacing must be maintained. All persons waiting in line or otherwise congregating outside a food facility selling food via take-out, delivery or drive-thru shall maintain a distance of at least six feet from all other persons. Retail food and beverage facilities. The Health Officer recognizes the authority of the Ventura County Environmental Health Division as stated in "Coronavirus COVID-19 Guidance for Food Facilities" and strongly advises all food and beverage facilities to comply with the guidance. 10 . Essential Businesses must have Social Distancing Protocol. All Essential Businesses must prepare and post a "Social Distancing Protocol" for each of their facilities in the County frequented by the public or employees. The Social Distancing Protocol must be posted at or near the entrance of the relevant facility and shall be easily viewable by the public and employees. A copy of the Social Distancing Protocol must also be provided to each employee performing work at the facility. All Essential Businesses shall implement the Social Distancing Protocol, and shall designate a specific on-duty employee to monitor and enforce compliance with the Protocol at all times the business is open to the public. Essential Businesses shall provide evidence of its implementation to any authority enforcing this Order upon demand. Completion and posting of the form attached hereto as Appendix A: Social Distancing Protocol will be compliant with this Order. The Social Distancing Protocol must explain how the business is achieving the following, as applicable: a. Limiting the number of persons who can enter into the facility and work areas at any one time to ensure that persons in the facility and work areas can easily maintain a minimum six-foot distance from one another at all times, except as required to complete the Essential Business activity; b . Where lines may form at a facility, marking increments of six feet, at a minimum, establishing where individuals must stand to maintain adequate social distancing; c. Providing hand sanitizer, soap and water, or other effective disinfectant at or near the entrance of the facility and in other appropriate areas for use by the public and employees and in locations where there is high-frequency employee interaction with the public (e.g., cashiers); 6 125 d. Providing for contactless payment systems or, if not feasible to do so, disinfect for the next customer by disinfecting all payment portals, pens and styluses after each use; e. Regularly cleaning and disinfecting other high-touch surfaces; f. Posting a sign at the entrance of the facility and work area informing the public and employees that they should avoid entering the facility if they have a cough or fever; maintain a minimum six-foot distance from one another; sneeze and cough into their elbow; and not shake hands or engage in unnecessary physical contact; and g. Any additional social distancing measures being implemented. Repeated, confirmed failure to comply with Social Distancing Protocol may lead to closure of non-compliant businesses. 11. Special allowance for completion of firearm sales. Under California law persons wishing to purchase a firearm must complete a background check and waiting period, and all sales must be completed in-person. It is not feasible, therefore, for the Health Officer to require that firearm sales be conducted on-line only. To accommodate persons who initiated the purchase of a firearm at a store located within the County before March 20, 2020 (i.e., the day firearm stores were ordered to be closed by the Health Officer), firearm stores and purchasers may engage in the actions necessary to complete firearm purchases initiated before March 20, 2020, provided that: a. All activities, including the transfer of possession of any firearm, occur by appointment only, and only the purchaser and one person on behalf of the store shall be present; b. The firearm store shall remain closed to the general public; and c. Social Distancing Requirements shall be followed to the greatest extent feasible. 12. Partial list of non-essential businesses and facilities ordered to close. The intent and structure of this Order is to list Essential Businesses that may remain open subject to rigorous conditions designed to prohibit the spread of COVID-19 7 126 to the greatest extent feasible and to require all other businesses to close. For the sake of clarity, a list of business types that have been ordered to close as Non- Essential is set forth below. However, it is emphasized that the list below is not intended to be exclusive, and the fact that a business type is not listed below is not intended to imply that it is authorized to stay open as an Essential Business, Healthcare Operation, Essential Governmental Function or Service or Essential Infrastructure: a. Bars and nightclubs that do not serve food. b. Movie theaters, live performance venues, bowling alleys and arcades. c. Gyms, fitness centers and aquatic centers. d. Wineries, breweries and tap rooms that provide tastings. e. All swimming pools, spas, hot tubs, saunas, steam rooms and similar facilities, except those located at a single-family residence, which shall be used only by members of a household residing at the single-family residence. f. All public and private campgrounds and recreational vehicle (RV) parks, except that persons who certify that their RV is their primary residence may be permitted to stay in the RV park. All persons residing in an RV shall comply with all Orders otherwise applicable to residents. g. Clothing stores. h. Sporting goods stores. 1. Jewelry stores. J. Fabric stores. k. Toy and game stores. 1. Book stores. m. Arts and crafts stores. n. Pawn brokers. o. Gun stores. p. Bait and tackle shops. q. Furniture stores. r. Home decor and party decorations stores. s. Tobacco and vaping stores. t. Pet grooming. u. Hair or nail salons; barbershops. 13. Partial list of non-essential activities ordered to cease. The intent and structure of this Order is to list essential activities that may continue subject to rigorous conditions designed to prohibit the spread of COVID-19 to the greatest extent 8 127 feasible and to require all other activities to cease. For the sake of clarity, a list of activities that have been ordered to cease as non-essential is set forth below. However, it is emphasized that the list below is not intended to be exclusive and the fact that an activity is not listed below is not intended to imply that an activity is authorized: a . Door-to-Door Solicitations. Door-to-door solicitations, whether for purposes of sales of goods or services, charitable contributions, signature- gathering or any other commercial or noncommercial purpose. 14. [Reserved] 15 . Admittance to Long-T erm Care F acilities. Long-Term Care Facilities may not refuse to admit any person who has been diagnosed with or treated for COVID-19 after that person has been discharged from a health care facility and approved for admittance to a Long-Term Care Facility by the Ventura County Public Health Department. a. For purposes of this section, "Long-Term Care Facility" means a long-term care facility, skilled nursing facility, intermediate care facility, congregate living health facility, nursing facility, hospice facility, residential care facility for the elderly, residential facility, or community care facility as defined in Health and Safety Code sections 1250, 1502, 1503.5 and 1569, and regulations promulgated thereunder, as they may be amended from time to time. 16 . Hospitals and L ong-T erm Care F acilities . The Health Officer recognizes the authority of the guidance documents "Hospital Holding Unit Guidance for COVID-19" and "Long-Term Care Facility Guidance for Preventing and Managing COVID-19" (the current versions of which are available at www.vcemergency.com) and strongly advises all hospitals and Long-Term Care Facilities (as that term is defined in section 15 of this Order) to comply with the guidance. 17. Definitions and e xe mptions. For the purposes of this Order: a. Essential Activities. Persons may leave their places of residence only to perform one of the following "Essential Activities" (but persons at high risk 9 128 of severe illness from COVID-19 and persons who are sick are urged to stay in their places of residence to the extent possible except as necessary to seek medical care): (1) 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 pets), such as, by way of example, obtaining medical supplies or medication, visiting a health care professional or obtaining supplies needed to work from a place of residence. (2) 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, 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 places of residence. (3) To engage in funeral services, provided the following restrictions are observed: (i) For indoor services, where the body of the deceased is present for viewing or in a closed casket, members of the deceased's household and the relatives of the deceased within the second degree (including in-laws) may gather for the activity provided that Social Distancing Requirements are followed and that no more than five persons gather inside the facility at a single time. Stable groups of five persons (i.e., persons may not substitute in or out of the group) may rotate within the facility providing protocols are implemented to sanitize the facilities between each group visit. (ii) For graveside services, members of the deceased's household and the relatives of the deceased within the second degree (including in-laws) may gather for the activity provided that Social Distancing Requirements are followed and that no more than I 0 persons gather. (4) To engage in a wedding ceremony, provided that Social Distancing Requirements are followed to the greatest extent feasible and that no more than 10 persons (who need not be from the same household or living unit), in addition to the couple to be married and the officiant, gather in a stable group. 10 129 (5) To attend a gathering of any size to observe or participate in live or virtual presentations to the gathering, such as faith-based services, concerts, plays, political speeches, movies and similar activities, provided that all of the following protocols are followed: (i) all activity must occur outdoors; (ii) all persons attending the activity must be inside a motor vehicle occupied only by persons from the same household or living unit, not exceeding five persons; (iii) all motor vehicles at the gathering must maintain a distance of six feet from all other vehicles: (iv) the motor vehicle windows must be closed at all times during the event; (v) all persons must remain in the vehicle in which they arrived at all times during the event; (vi) no restroom facilities shall be made available to persons at the facility during the event; (vii) no tangible items of any kind, including food products, may be transferred to persons in the motor vehicles; (viii) notwithstanding the above, one or more persons, not exceeding five, may enter nearby buildings as necessary to putting on the presentation; and (ix) all Social Distancing Requirements shall be complied with to the greatest extent feasible. (6) To engage in outdoor activity, provided the persons comply with Social Distancing Requirements, such as, by way of example, golfing, tennis, pickle-ball, walking, hiking, running, bicycling, pleasure driving and working around their places of residence, including gardening. (i) To provide accommodations for persons who wish to golf as a form of outdoor activity, public and private golf courses may operate provided they strictly enforce Social Distancing Requirements and enforce the following additional protocols: (a) Motorized carts are not allowed; (b) No more than four golfers (who need not be from the same household or living unit), are allowed per group and each group must be stable (i.e., persons may not substitute in or out 11 130 of the group); ( c) A distance of at least 3 0 feet shall be maintained between groups of golfers at all times; ( d) All ball washers shall be covered and flag pins shall be removed and the cup on each green shall be inverted or otherwise installed to eliminate high-frequency touch surfaces on the greens and tees; ( e) Persons may use a driving range provided that range balls are properly sanitized before distribution to customers (stand- alone golf driving ranges may also operate) ; ( f) Practice putting greens shall remain closed; (g) The "Pro Shop" or similar facility designed for the sale of golf-related equipment and supplies shall remain closed; and (h) The snack shop(s) and restaurant(s) shall remain closed. (7) To perform work providing products and services at an Essential Business or to otherwise carry out activities specifically permitted in this Order, including Minimum Basic Operations and limited business operations. (8) To care for a family member or pet in another household. (9) To prepare and present a live-stream or other virtual communication by an organization or association to its members, including worship services. Staff of organizations or associations (who need not be of the same household or living unit), including faith-based organizations, may gather in a single space at the same time solely for the sole purpose of preparing and presenting live-stream or other virtual communications provided that the number of such staff is the fewest necessary to prepare and present those communications, but in no event in excess of ten (10) persons, and that Social Distancing Requirements are followed. Anti-gathering clause. It is the intent of this Order that individual persons be permitted to engage in the above Essential Activities. Where an activity listed above expressly allows a specified number of persons to engage in an activity together, the number of persons expressly stated in the listed activity shall prevail, notwithstanding any other provision in this Order. Except as expressly permitted, however, all public and private gatherings of any number of persons occurring outside of a household or living unit are 12 131 prohibited. Nothing in this paragraph prohibits a gathering of two or more persons as necessary to perform or work for Essential Businesses, Essential Governmental Functions or Services, Minimum Basic Operations, or limited business operations. Further, nothing in this paragraph prohibits members of a single household or living unit from engaging in Essential Travel or Essential Activities together. b. Healthcare Operation. Persons may leave their places of residence to work for or obtain services at any "Healthcare Operation," including hospitals, clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other licensed healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers or any related and/or ancillary healthcare services, including blood donation centers. (1) "Healthcare Operation" includes professional services provided by chiropractors, acupuncturists, veterinarians and all healthcare services provided to animals. (2) "Healthcare Operation" does not include fitness and exercise gyms, aquatic centers and similar facilities. (3) This exemption shall be construed broadly to avoid any impacts to the delivery of healthcare, broadly defined. c. Essential Infrastructure. Persons may leave their places of residence to provide any services or perform any work necessary to the operations and maintenance of "Essential Infrastructure," which means and includes, but is not limited to, public works construction, construction of housing (in particular affordable housing or housing for persons experiencing homelessness), construction of agricultural structures, airport and port operations, military installations, water, sewer, gas, electrical, oil and gas production and refining including associated businesses and activities, roads and highways, public transportation, solid waste collection and removal, funeral homes and cemeteries, 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 that they carry out those services or that work in compliance with Social Distancing Requirements, to the extent possible. All U.S. Department of Defense activities are categorically exempt from this Order. 13 132 d. Essential Governmental Functions or Services. Government functions or services performed by first responders, emergency management personnel, emergency dispatchers, court personnel, law enforcement personnel, and others who need to perform essential governmental functions or services, as such may be determined by the governmental entity performing those functions or services, shall be considered "Essential Governmental Functions or Services." All persons who perform Essential Governmental Functions or Services are categorically exempt from this Order while performing such governmental functions or services. Further, nothing in this Order shall prohibit any person from performing or accessing Essential Governmental Functions or Services. Each governmental entity shall identify and designate appropriate employees or contractors to continue providing and carrying out any Essential Governmental Functions or Services. All Essential Governmental Functions or Services shall be performed in compliance with Social Distancing Requirements, to the extent possible. e. Essential Businesses. "Essential Businesses" means: (1) Healthcare Operations and Essential Infrastructure; (2) Grocery stores, certified farmers' markets, farm and produce stands, supermarkets, food banks, convenience stores and other establishments engaged in the retail sale of canned or frozen food, dry goods, beverages, 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 places of residence; (3) Any form of agricultural production and processing, including the cultivation of products for personal consumption or use, including farming and services provided by farmworkers, ranching, livestock, and fishing, as well as business activities that support production and processing by providing essential agricultural supplies and services, including transportation, manufacturing, equipment and services such as cooling, storing, packaging and distribution of such products for wholesale or retail sale, provided that, to the extent possible, such businesses comply with Social Distancing Requirements and 14 133 otherwise provide for the health and safety of their employees; ( 4) Businesses that provide food, shelter and social services and other necessities of life for economically disadvantaged, compromised or otherwise needy persons; (5) Newspapers and television, radio and other media services; (6) Gas stations and auto-supply, auto-repair and related facilities; (7) Banks and related financial institutions; (8) Hardware stores; (9) Plumbers, electricians, exterminators, house-cleaners, gardeners and other service providers who provide services that are necessary to maintain the safety, sanitation and essential operation of places of residence, Essential Activities and Essential Businesses; (10) Businesses providing mailing and shipping services, including post office boxes; (11) Educational institutions, including public and private K-12 schools, colleges and universities, for purposes of facilitating distance learning or performing essential functions, in compliance with Social Distancing Requirements, to the greatest extent possible; (12) Laundromats, drycleaners and laundry service providers; (13) Restaurants and other facilities that prepare and serve food, but only for delivery, pick-up or drive-thru. 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; (14) Drive-thru car washes, provided the service is automated and no 15 134 attendants or employees are involved in servicing the vehicles; (15) Businesses that supply other Essential Businesses with the support or supplies necessary to operate, including, by way of example, businesses that manufacture products for ultimate use in a Healthcare Operation; (16) Businesses that ship or deliver groceries, food, goods or services directly to places of residence. This exemption shall not be used to allow for manufacturing or assembly of non-essential products or for other functions besides those necessary to the delivery operation; (17) Airlines, taxis and other private transportation providers providing transportation services necessary for Essential Activities and other purposes expressly authorized in this Order; (18) Home-based care for seniors, adults or children; (19) Residential facilities and shelters for seniors, adults and children; (20) Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities; (21) Childcare facilities providing services that enable employees exempted in this Order to work as permitted. Childcare facilities must operate under the following mandatory conditions: (i) Childcare must be carried out in stable groups of 12 or fewer ("stable" means that the same 12 or fewer children are in the same group each day). (ii) Children shall not change from one group to another. (iii) 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. (iv) Childcare providers shall remain solely with one group of children. (22) Hotels, motels, bed-and-breakfast establishments and other businesses that provide transient occupancy for visitors to the County, provided that such businesses require their patrons to stay in place as otherwise required by this Order. 16 135 (23) Commercial construction provided that such activity implements Social Distancing Requirements to the extent feasible and otherwise provides for the health and safety of employees. (24) Bicycle stores, including the sales of bicycles, parts and supplies, and the repair of bicycles. Bicycle rentals are not allowed. (25) Service providers that enable residential real estate transactions (including rentals, leases and home sales), including, but not limited to, real estate agents, escrow agents, notaries and title companies, provided that appointments and other residential viewing must only occur virtually or, if virtual viewing is not feasible, by appoinntment with no more than two visitors at a time, both of whom must reside within the same household or living unit and one individual showing the unit (except in-person visits are not allowed when the occupant is present in the residence). (26) Automobile dealerships and similar businesses with a primary business of automobile sales. In-person sales and long-term leasing transactions are allowed, as well as the operation of repair shops and auto-parts supply stores. Automobile rentals are not allowed. "Automobiles" include cars, trucks, recreational vehicles, motorcycles and motorized scooters. (27) Household appliance stores. (28) Shoe repair shops; in-person sales of other goods and services not allowed. (29) Boat yards and other businesses that provide for safety, security and sanitation of boats stored at docks and marinas, including the repair of boats. f. Minimum Basic Operations. "Minimum Basic Operations" means and includes the following, provided that employees comply with Social Distancing Requirements, to the extent possible, while carrying out such operations: (1) The minimum necessary activities to maintain the value of the business's inventory, ensure security, process payroll and employee 17 136 benefits, or for related functions. (2) The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their places of residence. g . Essential Travel. "Essential Travel" means and includes travel within or without the County, or between the various counties, for any of the following purposes, subject to Social Distancing Requirements: (1) Any travel related to the provision of or access to Essential Activities (including outdoor activities), Essential Governmental Functions or Services, Essential Businesses, Minimum Basic Operations or limited business operations. (2) Travel to care for elderly persons, minors, dependents, persons with disabilities or other vulnerable persons. (3) Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals and any other related services. (4) Travel to return to a place of residence from outside the County. ( 5) Travel required by law enforcement or court order. (6) Travel required for non-residents to return to their places of residence outside the County. (7) Travel engaged in interstate commerce and otherwise subject to the provisions of the Commerce Clause of the United States Constitution. h. Hotels, etc. Places of residence include hotels, motels, shared rental units and similar facilities . 1. Business. The terms "business" and "businesses" as used in this Order include any for-profit, non-profit or educational entities (including sole proprietorships, corporations, firms, partnerships, limited liability companies, joint stock companies, associations and other organizations of 18 137 persons), regardless of the nature of their services or the functions they perform. J . Social Distancing Requirements. "Social Distancing Requirements" means and includes maintaining at least a six-foot physical distance from other persons, washing hands with soap and water for at least 20 seconds or using hand sanitizer as frequently as possible, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surfaces and not shaking hands. 18. Commercial laboratory test results. All commercial laboratories that test persons in the County for the presence of COVID-19 must report all test results (whether positive or negative) to the Ventura County Public Health Department laboratory within eight hours of receiving the test results. 19. Compliance. The violation of any provision of this Order constitutes a threat to public health and a public nuisance per se. Pursuant to Health and Safety Code sections 101040 and 120175, Civil Code section 3494 and Code of Civil Procedure section 731, the Health Officer or any other authorized County of Ventura official may enforce any violation of this Order and abate the public nuisance by obtaining injunctive relief from a court of competent jurisdiction. In addition, pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029, the Health Officer requests that the Sheriff and all chiefs of police in the County ensure compliance with and enforce this Order. 20. Violation may constitute unfair competition. Any person that, after notice, operates, manages, maintains or occupies or continues to operate, manage, maintain or occupy, any business in violation of this Order, may, in addition or in the alternative to any other civil and criminal penalties allowed by law, be subject to liability under the Unfair Competition Law (chapter 5 of part 2 of division 7 of the Business and Professions Code, commencing at section 17200), and subject to civil penalties and other relief as provided therein, for each act or practice in violation of the Orders, or any of them. 21. Most Restrictive Provisions of County and State Health Orders Enforcable. This Order is issued in light of the March 19, 2020, State Shelter Order, which set baseline statewide restrictions on non-residential business activities effective until further notice, as well as the Governor's March 19, 2020 Executive Order N-33-20 directing California residents to follow the State Shelter Order. This County Health Officer Order adopts in certain respects more stringent restrictions addressing the 19 138 particular facts and circumstances in this County, which are necessary to control the public health emergency as it is evolving within the County and the south coast region. Where a conflict exists between this Order and any state public health order related to the COVID-19 pandemic, the most restrictive provision controls. 22. Effective date and time. This Order shall become effective and operative at 11 :59 p.m. on April 20, 2020, and will continue to be in effect until 11 :59 p.m. on May 15, 2020, or until it is extended, rescinded, superseded or amended in writing by the Health Officer. 23. Continuing assessment. The Health Officer will continue to assess the quickly evolving situation, may issue additional orders related to COVID-19 and will review this Order within two weeks of its effective date. 24. Copies of Order. Copies of this Order shall promptly be: (1) made available at the County of Ventura Public Health Office, 2240 East Gonzalez Road, Suite 210, Oxnard, California, 93036; (2) posted on the Ventura County Public Health Department website (available at www.vchca.org/ph); and (3) provided to any member of the public requesting a copy of this Order. 25 . Severability. If any provision of this Order or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, 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: Dated: April __ , 2020 Robert Levin, M.D. Ventura County Health Officer Attachment: Appendix A: Social Distancing Protocol 20 139 particular facts and circumstances in this County, which are necessary to control the public health emergency as it is evolving within the County and the south coast region. Where a conflict exists between this Order and any state public health order related to the COVID-19 pandemic, the most restrictive provision controls. 22. Effective date and time. This Order shall become effective and operative at 11 :59 p.m. on April 20, 2020, and will continue to be in effect until 11 :59 p.m. on May 15, 2020, or until it is extended, rescinded, superseded or amended in writing by the Health Officer. 23 . Continuing assessment. The Health Officer will continue to assess the quickly evolving situation, may issue additional orders related to COVID-19 and will review this Order within two weeks of its effective date. 24. Copies of Order. Copies of this Order shall promptly be: (1) made available at the County of Ventura Public Health Office, 2240 East Gonzalez Road, Suite 210, Oxnard, California, 93036; (2) posted on the Ventura County Public Health Department website (available at www.vchca.org/ph); and (3) provided to any member of the public requesting a copy of this Order. 25 . Sever ability. If any provision of this Order or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, 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: ~ Dated: April 1-0, 2020 Robert Levin, M.D. Ventura County Health Officer Attachment: Appendix A: Social Distancing Protocol 20 140