Executive Order 2020-04 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 CO VID-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, the citizens of the City of Ocean Shores average almost 60 years of age according to 2010 US Census data, and many citizens of ail age groups have severe medical conditions or underlying conditions which make them vulnerable to severe effects of COVID-19; and WHEREAS, on March 16, 2020, Washington State Governor Jay Inslee imposed restrictions prohibiting gatherings of more than 50 people and shutting down bars and entertainment and recreational facilitates within the State of Washington, and limiting restaurants within the State of Washington to take-out functions only; and WHEREAS, on March 23 Governor Inslee also closed non-essential businesses and asked citizens of the State to avoid public gatherings, work from home if possible, maintain six (6) foot social distancing, and to stay at home except for essential travel; and WHEREAS, the guidance in this is not being followed by some State citizens; and WHEREAS, potential visitors and non-resident property owners traveling to Ocean Shores to occupy their secondary residences or RV lots at this time could increase the likelihood 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, avoiding contact with infected individuals is vital to contain any contagious health-related crisis such as COVID-19; and WHEREAS, the impacts of the COVID-19 crisis are expected to get much worse before they improve; and WHEREAS, the potential impact to our community of the COVID-19 healthcare crisis is severe; 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 Date • March 27, 2020, at 3:00 p.m. Section 2: Closures, Non-Closures and Prohibitions • Commercial Lodging Establishments - CLOSED Commercial lodging establishments including, but not limited to, hotels, condo hotels, hotel units within apartment-hotels, condominiums, motels, RV Parks, and other temporary vacation rentals (i.e. short-term rentals) (collectively “Commercial Lodging Facilities”) shall immediately begin to shut down operations and vacate guests from their premises, and shall be fully closed to guests and renters by the effective date of this Order. Commercial Lodging Facilities shall cancel existing reservations for the period of closure and shall refrain from accepting new guests or making new reservations for stays during that period. Restaurants located within Commercial Lodging Facilities may continue to operate their kitchens for take-out, pick up or delivery services only. Commercial Lodging Facilities may be permitted to maintain security and other essential personnel on-premises, as necessary, to maintain and secure their facilities. Commercial Lodging Facilities may remain open to serve only the following designated groups: i. Current users registered for longer than thirty (30) consecutive days. ii. Essential personnel as defined by federal law, where lodging in Ocean Shores is necessary for work involving the safety of human life or the protection of property or performing certain types of other work consistent with the intent of this provision (e.g. emergency and public safety responders, truck drivers and supply providers, and construction industry workers). iii. Other individuals as authorized by the Grays Harbor County Health In no event shall these Commercial Lodging Facilities increase the number of rentals or re-rent a unit once vacated, nor shall they allow subletting of units or an increase of the existing number of persons per unit. This Order shall not apply to residents of residential apartment buildings and/or residential condominiums which may Commercial Lodging Facilities who are registered for longer than thirty (30) consecutive days. This Order shall not apply to Commercial Lodging Facilities that have received approval from a City, County, State, or Federal governmental entity for the limited purpose of providing emergency healthcare services or other essential services, including, without limitation, to serve as shelters, or to house patients (for any healthcare related purposes, such as pre-admission, observation, recovery, or rehabilitation), patients' families, healthcare workers, first responders, law enforcement or other essential personnel, or displaced residents or visitors. Any restaurants, gaming areas, halls for hire, spas, pools, or similar businesses that are located within a hotel, or its grounds, shall also be considered a non-essential retail and commercial establishment subject to these restrictions, except for take-out or delivery food service from restaurants. • Visitors and Non-resident Property Owners - NOT ENCOURAGED Visitors and non-resident property owners are encouraged to remain at their primary residence and not travel to Ocean Shores. • For-Profit Facilities That Prepare and Serve Food - CLOSED Except for Take- Out and Delivery All restaurants and other for-profit facilities that prepare and serve food and similar businesses shall be required to CLOSE for on-premises service of customers until further notice. However, such establishments may operate their kitchens for the purpose of providing delivery services, drive-through, pick-up or take-out services only, from 9:00 a.m. until 9:00 p.m. each day. Any establishment that remains open for delivery, pick-up, or take- out services shall be required to assign as many staff members as necessary to maintain a distance of at least six (6) feet between each individual patron, in order to enforce social distancing, both inside and outside of the establishment. Such establishments shall also follow CDC guidelines for cleanliness and disinfecting the premises in an effort to stop or slow transmission of the virus. • Non-Profit Facilities That Prepare and Serve Food or Distribute Food - CLOSED Except for Take-Out and Delivery All non-profit facilities that prepare and serve food (including churches, food banks, senior centers, and similar establishments. However, such establishments may operate their kitchens for the purpose of providing delivery services, drive-through, pick-up or take-out services only, from 5:00 a.m. until midnight each day. Any establishment that remains open for delivery, pick-up, or take- out services shall be required to assign as many staff members as necessary to maintain a distance of at least six (6) feet between each individual patron, in order to enforce social distancing, both inside and outside of the establishment. Such establishments shall also follow CDC guidelines for cleanliness and disinfecting the premises in an effort to stop or slow transmission of the virus. The Ocean Shores Convention Center and Visitor Information Center (OSCC) shall be CLOSED to the public, except for emergency services as may be requested by the Fire Chief, Grays Harbor County Health Department, or Grays Harbor Emergency Management Department. However, the OSCC may operate their kitchen for the purpose of providing delivery services, pick-up or take-out services only, from 9:00 a.m. to 5 p.m. Monday through Friday. As any establishment that remains open for delivery, pick-up, or take- out services, OSCC shall be required to assign as many staff members as necessary to maintain a distance of at least six (6) feet between each individual patron, in order to enforce social distancing, both inside and outside of the establishment. OSCC shall also follow CDC guidelines for cleanliness and disinfecting the premises in an effort to stop or slow transmission of the virus. Section 3: End Date and Time of this Order The emergency measures ordered and promulgated above shall be effective through 11:59 p.m. on April 10, 2020, unless extended or earlier terminated by order of the Mayor. Section 4: 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 5: 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 6: 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 7: 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.