Washington State Governor Jay Inslee signed a Proclamation amending Proclamation 20-05 “Stay Home-Stay Healthy” and Ocean Shores Mayor Crystal Dingler signed an Executive Order that coincides with Governor Inslee’s Proclamation, the full text of which is below.
Here are some key points for the City of Ocean Shores.
12:00pm March 24, 2020-11:59pm April 10, 2020
Public Restrooms and Public Recreational Facilities:
City Park, play areas, cook shelters, and picnic tables:
12:00 am to 5:00 am
Presently seeking clarification from the Office of the Governor/City Attorney
Please refer to Governor Inslee’s Proclamation for additional closures or what is considered “non-essential” and “essential” businesses (included at the bottom).
Executive Order directing closures and curfews within the City of Ocean Shores to take immediate action to help reduce and stop the potential spread of COVID-19 and mitigate the impacts of COVID-19. WHEREAS, COVID-19 has been declared a pandemic in the United States of America; and WHEREAS, on March 13, 2020, in my capacity as Mayor, I proclaimed that a civil emergency exists in the City of Ocean Shores in Emergency Proclamation 2020-01; and WHEREAS, on March 23, 2020, Washington State Governor Jay Inslee built on other steps he had ordered by ordering Washington residents to STAY AT HOME except for essential travel; imposed restrictions prohibiting gatherings; and shut down non-essential businesses which will large be those as defined by the Federal Government; and WHEREAS, avoiding contact with infected individuals is vital to contain any contagious health-related crisis such as COVID-19; and WHEREAS, beach access draws many to our community to recreate; and WHEREAS, limiting beach access may help may reduce the number of visitors who may travel to our area despite the Governor’s order; and WHEREAS, high touch recreation areas may be a source of transmission of COVID-19; and WHEREAS, as a small rural community, the City has limited essential resources. A COVID-19 outbreak would strain those resources as well as having devastating results on its largely older population; and WHEREAS, Art. XI, Sec. 11 of the Washington State Constitution grants cities like the City of Ocean Shores broad police powers to “make and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general laws.” WHEREAS, I have determined that it is necessary for the City to take actions authorized under Chapter 2.08 (Mayor) Chapter 2.72 (Emergency Services) and Chapter 8.36 (Mayor’s Emergency Powers) of the Ocean Shores Municipal Code ("OSMC") and
Chapter 38.52 .(Emergency Management) of the Revised Code of Washington ("RCW") including, but not limited to, the definitions in RCW 38.52.010, the authorizations in RCW 38.52.070 and RCW 38.52.110, the liability, immunity, and indemnification provisions of RCW 38.52.180, et. seq. NOW, THEREFORE, I, Crystal Dingier, Mayor of Ocean Shores, acting under my authority under Chapter 8.36 (Mayor’s Emergency Powers) of the Ocean Shores Municipal Code ("OSMC") as well as that certain City of Ocean Shores Emergency Proclamation, dated and March 13, 2020, hereby ORDER and PROMULGATE the following emergency measures in addition to others previously ordered. Section 1: Effective Time and Date • 12:00 p.m. Noon, 24 March 2020. Section 2: Closures, Non-Closures and Prohibitions • Parks and Recreational Facilities, and Beach Approaches Public restrooms, and public recreational facilities (whether publicly-owned or privately- owned) will be CLOSED. All City parks shall remain OPEN but play areas, cook shelters and picnic tables (high touch areas) will be CLOSED. All City-owned boat launches and public docks remain OPEN. All beach approaches shall be CLOSED to vehicles, except emergency, enforcement and maintenance vehicles. There shall be no parking at the closed beach approaches except in specified parking areas. Section 3: Curfew A general curfew is hereby established throughout the City. The curfew will be in effect daily from 12:00 a.m, (midnight) to 5:00 a.m., and shall include but not be limited to the prohibition on pedestrian and vehicular movement, standing and parking, except for the provision of designated essential services such as fire, police and hospital services, including the transportation of patients thereto, utility emergency repairs, emergency calls by physicians, and commercial food delivery services. Section 4: End Time and Date of this Order The emergency measures ordered and promulgated above shall be effective through 11:59 p.m. on April 10, 2020, unless amended, extended or earlier terminated by order of the Mayor.
Section 5: Violations of this Order Any violation of these emergency measure(s) shall subject the individual, operator, business entity, or organization to a fine or imprisonment for not more than ninety days or by both pursuant to Section 8.36.040 of the City Code. Section 6: Prior Proclamations Remain In Effect All mayoral proclamations and orders presently in effect shall remain in full force and effect except that, insofar as any provision of any such prior proclamation is inconsistent with any provision of this proclamation, then the provision of this proclamation shall control. Section 7: Notice of Proclamation To the extent practicable, a copy of this Emergency Order shall be made available to all news media within the City and to the general public. Section 8: Ratification by Council This Emergency Order shall immediately, or at the earliest practicable time, be presented to the City Council for ratification and confirmation. Ratification and confirmation shall be by majority of the council then present and voting. If this Emergency Order is not so ratified and confirmed, the order shall, after the vote, be void. This Emergency Order shall be considered in full force and effect until the City Council shall act. Dated this 23rdday of March 2020.
PROCLAMATION BY THE GOVERNOR AMENDING PROCLAMATION 20-05 20-25 STAY HOME – STAY HEALTHY WHEREAS, on February 29, 2020, I issued Proclamation 20-05, proclaiming a State of Emergency for all counties throughout the state of Washington as a result of the coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed person-to-person spread of COVID-19 in Washington State; and WHEREAS, as a result of the continued worldwide spread of COVID-19, its significant progression in Washington State, and the high risk it poses to our most vulnerable populations, I have subsequently issued amendatory Proclamations 20-06, 20-07, 20-08, 20-09, 20-10, 20-11, 20-12, 20-13, 20-14, 20-15, 20-16, 20-17, 20-18, 20-19, 20-20, 20-21, 20-22, 20-23, and 20-24, exercising my emergency powers under RCW 43.06.220 by prohibiting certain activities and waiving and suspending specified laws and regulations; and WHEREAS, the COVID-19 disease, caused by a virus that spreads easily from person to person which may result in serious illness or death and has been classified by the World Health Organization as a worldwide pandemic, has broadly spread throughout Washington State, significantly increasing the threat of serious associated health risks statewide; and WHEREAS, there are currently at least 2,221 cases of COVID-19 in Washington State and, tragically, 110 deaths of Washingtonians associated with COVID-19; and WHEREAS, models predict that many hospitals in Washington State will reach capacity or become overwhelmed with COVID-19 patients within the next several weeks unless we substantially slow down the spread of COVID-19 throughout the state; and WHEREAS, hospitalizations for COVID-19 like illnesses are significantly elevated in all adults, and a sharply increasing trend in COVID-19 like illness hospitalizations has been observed for the past three (3) weeks; and WHEREAS, the worldwide COVID-19 pandemic and its progression in Washington State continues to threaten the life and health of our people as well as the economy of Washington State, and remains a public disaster affecting life, health, property or the public peace; and
WHEREAS, the Washington State Department of Health continues to maintain a Public Health Incident Management Team in coordination with the State Emergency Operations Center and other supporting state agencies to manage the public health aspects of the incident; and WHEREAS, the Washington State Military Department Emergency Management Division, through the State Emergency Operations Center, continues coordinating resources across state government to support the Department of Health and local health officials in alleviating the impacts to people, property, and infrastructure, and continues coordinating with the Department of Health in assessing the impacts and long-term effects of the incident on Washington State and its people. NOW, THEREFORE, I, Jay Inslee, Governor of the state of Washington, as a result of the above-noted situation, and under Chapters 38.08, 38.52 and 43.06 RCW, do hereby proclaim: that a State of Emergency continues to exist in all counties of Washington State; that Proclamation 20-05 and all amendments thereto remain in effect as otherwise amended; and that Proclamations 20-05, 20-07, 20-11, 20-13, and 20-14 are amended and superseded by this Proclamation to impose a Stay Home – Stay Healthy Order throughout Washington State by prohibiting all people in Washington State from leaving their homes or participating in social, spiritual and recreational gatherings of any kind regardless of the number of participants, and all non-essential businesses in Washington State from conducting business, within the limitations provided herein. I again direct that the plans and procedures of the Washington State Comprehensive Emergency Management Plan be implemented throughout state government. State agencies and departments are directed to continue utilizing state resources and doing everything reasonably possible to support implementation of the Washington State Comprehensive Emergency Management Plan and to assist affected political subdivisions in an effort to respond to and recover from the COVID-19 pandemic. I continue to order into active state service the organized militia of Washington State to include the National Guard and the State Guard, or such part thereof as may be necessary in the opinion of The Adjutant General to address the circumstances described above, to perform such duties as directed by competent authority of the Washington State Military Department in addressing the outbreak. Additionally, I continue to direct the Department of Health, the Washington State Military Department Emergency Management Division, and other agencies to identify and provide appropriate personnel for conducting necessary and ongoing incident related assessments. FURTHERMORE, based on the above situation and under the provisions of RCW 43.06.220(1)(h), to help preserve and maintain life, health, property or the public peace, and to implement the Stay Home—Stay Healthy Order described above, I hereby impose the following necessary restrictions on participation by all people in Washington State by prohibiting each of the following activities by all people and businesses throughout
Washington State, which prohibitions shall remain in effect until midnight on April 6, 2020, unless extended beyond that date: 1. All people in Washington State shall immediately cease leaving their home or place of residence except: (1) to conduct or participate in essential activities, and/or (2) for employment in essential business services. This prohibition shall remain in effect until midnight on April 6, 2020, unless extended beyond that date. To implement this mandate, I hereby order that all people in Washington State are immediately prohibited from leaving their home or place of residence except to conduct or participate in (1) essential activities, and/or (2) employment in providing essential business services:
Essential activities permitted under this Proclamation are limited to the following:
1) Obtaining necessary supplies and services for family or household members and pets, such as groceries, food and supplies for household consumption and use, supplies and equipment needed to work from home, and products necessary to maintain safety, sanitation and essential maintenance of the home or residence.
2) Engaging in activities essential for the health and safety of family, household members and pets, including things such as seeking medical or behavioral health or emergency services and obtaining medical supplies or medication.
3) Caring for a family member, friend, or pet in another household or residence, and to transport a family member, friend or their pet for essential health and safety activities, and to obtain necessary supplies and services.
4) Engaging in outdoor exercise activities, such as walking, hiking, running or biking, but only if appropriate social distancing practices are used.
Employment in essential business services means an essential employee performing work for an essential business as identified in the “Essential Critical Infrastructure Workers” list, or carrying out minimum basic operations (as defined in Section 3(d) of this Order) for a non-essential business.
This prohibition shall not apply to individuals whose homes or residences are unsafe or become unsafe, such as victims of domestic violence. These individuals are permitted and urged to leave their homes or residences and stay at a safe alternate location.
This prohibition also shall not apply to individuals experiencing homelessness, but they are urged to obtain shelter, and governmental and other entities are strongly encouraged to make such shelter available as soon as possible and to the maximum extent practicable.
e. For purposes of this Proclamation, homes or residences include hotels, motels, shared rental units, shelters, and similar facilities.
All people in Washington State shall immediately cease participating in all public and private gatherings and multi-person activities for social, spiritual and recreational purposes, regardless of the number of people involved, except as specifically identified herein. Such activity includes, but is not limited to, community, civic, public, leisure, faith-based, or sporting events; parades; concerts; festivals; conventions; fundraisers; and similar activities. This prohibition also applies to planned wedding and funeral events. This prohibition shall remain in effect until midnight on April 6, 2020, unless extended beyond that date. To implement this mandate, I hereby order that all people in Washington State are immediately prohibited from participating in public and private gatherings of any number of people for social, spiritual and recreational purposes. This prohibition shall not apply to activities and gatherings solely including those people who are part of a single household or residential living unit.
Effective midnight on March 25, 2020, all non-essential businesses in Washington State shall cease operations except for performing basic minimum operations. All essential businesses are encouraged to remain open and maintain operations, but must establish and implement social distancing and sanitation measures established by the United States Department of Labor or the Washington State Department of Health Guidelines. This prohibition shall remain in effect until midnight on April 8, 2020, unless extended beyond that date. To implement this mandate, I hereby order that, effective midnight on March 25, 2020, all non-essential businesses in Washington State are prohibited from conducting all activities and operations except minimum basic operations.
Non-essential businesses are strongly encouraged to immediately cease operations other than performance of basic minimum operations, but must do so no later than midnight on March 25, 2020.
Essential businesses are prohibited from operating under this Proclamation unless they establish and implement social distancing and sanitation measures established by the United States Department of Labor’s Guidance on Preparing Workplaces for COVID-19 at https://www.osha.gov/Publications/OSHA3990.pdf and the Washington State Department of Health Workplace and Employer Resources & Recommendations at https://www.doh.wa.gov/Coronavirus/workplace.
This prohibition does not apply to businesses consisting exclusively of employees or contractors performing business activities at their home or residence, and who do not engage in in-person contact with clients.
d. For purposes of this Proclamation, minimum basic operations are the minimum activities necessary to maintain the value of the business’ inventory, preserve the condition of the business’ physical plant and equipment, ensure security, process payroll and employee benefits, facilitate employees of the business being able to continue to work remotely from their residences, and related functions. This Proclamation shall not be construed to prohibit working from home, operating a single owner business with no in-person, on-site public interaction, or restaurants and food services providing delivery or take-away services, so long as proper social distancing and sanitation measures are established and implemented. No business pass or credentialing program applies to any activities or operations under this Proclamation. Violators of this of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5). Signed and sealed with the official seal of the state of Washington on this 23rd day of March, A.D., Two Thousand and Twenty at Olympia, Washington.