Santa Cruz County Issues New SIP Orders

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The following is a word-for-word Shelter In Place order issued by the county of Santa Cruz on May 29, 2020:
ORDER OF THE HEALTH OFFICER OF THE COUNTY OF SANTA CRUZ DIRECTING ALL INDIVIDUALS LIVING IN THE COUNTY TO CONTINUE SHELTERING AT THEIR PLACE OF RESIDENCE; AND PROVIDING MODIFICATIONS TO THE PRIOR ORDER CONCERNING BEACH, LODGING, AND BUSINESS RESTRICTIONS
 
Please read this Order carefully. Violation of or failure to comply with this Order is a misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety Code§ 120295, et seq.; Cal. Penal Code§§ 69, 148(a)(l))
 
UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, THE HEALTH OFFICER OF THE COUNTY OF SANTA CRUZ (“HEALTH OFFICER”) ORDERS:
 
1. This Order extends and modifies the March 31, 2020 Order of the Health Officer directing all individuals to shelter in place (“Prior Shelter Order”). This Order is necessary to further slow transmission of Novel Coronavirus Disease 2019 (“COVID-19”). This Order shall become effective at 11:59 p.m. on May 1, 2020 and will continue to be in effect until it is extended, rescinded, superseded, or amended in writing by the Health Officer. All individuals, businesses and government agencies in the County of Santa Cruz (“County”) are required to follow the provisions of this Order. This Order applies to all individuals present in the County of Santa Cruz, regardless of whether they reside in the County. Individuals who reside outside the County but are physically present within the County shall comply with this Order in all respects, regardless of the purpose of their presence. Individuals experiencing homelessness are strongly urged to obtain shelter, or continuing sheltering in place, and governmental and other entities are strongly urged to make such shelter available as soon as possible, and to the maximum extent practicable (and to use Social Distancing Requirements in their operation).
 
2. This Order incorporates by reference the March 19, 2020 Order of the State Public Health Officer (the “State Shelter Order”), which set baseline statewide restrictions on travel and 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.
 
3. All beaches in the County will be closed from 11 :00 a.m. to 5:00 p.m., daily. However, during the times that beaches are closed, the ocean will remain open for water sports (e.g., surfing, boogie-boarding, swimming, paddle-boarding, kayaking, boating, etc.), and individuals may cross beaches in order to access and leave the ocean. During the times that beaches are open, they are to be used only for running, walking, cycling, water sports, or other form of physical activity. Sitting, lying, standing, sunbathing, sight- seeing, picnicking, and all other non-exercise, passive, or sedentary activities at beaches are prohibited. In addition, the following items are prohibited for use or possession on beaches for the duration of this Order: umbrellas, shade structures, tents, barbeques and grills, coolers, beach chairs, or other conveyances for sitting or lying. Beach parkways (defined as streets, sidewalks, esplanades, or parks immediately adjacent to or abutting beaches or shoreline areas) should remain open, subject to the discretion of individual facility managers to address over-use, but they may only be used for running, walking, cycling, or other form of physical activity. Sitting, lying, standing, sunbathing, sight-seeing, picnicking, and all other non-exercise, passive, or sedentary activities on beach parkways are prohibited and may result in a citation.
 
4. Lodging restrictions remain in effect. Hotels, motels, inns, bed and breakfasts, vacation rentals, RV parks, campgrounds, and any other short-term lodging businesses are prohibited from providing
-accommodations to any individual unless that individual is present in the County for the purpose of performing services for an Essential Business, performing services at Health Care Operations, providing an Essential Governmental Function, or providing care for a sick individual. Prior to providing accommodation, at check-in, all lodging businesses are required to confirm that the basis for the lodging is consistent with the requirements of this Order. Lodging businesses are required to maintain written evidence that each lodger’s stay is consistent with the terms of this Order (e.g., written confirmation of the purpose for a guest’s stay). This evidence sha11 be maintained in such a manner that it may be easily audited by law enforcement officers and must be provided to law enforcement officers upon demand. Lodgers, business owners, and business operators are all subject to citation for violation of these restrictions.
 
5. With respect to the Prior Shelter Order, the Health Officer makes the following modifications to the definition of “Social Distancing Requirements” set forth in paragraph 12.j. “Social Distancing Requirements” now includes all of the following:
 
a. Wearing a Face Covering in compliance with the April 23, 2020 Order ofthe Health Officer Generally Requiring Face Coverings;
 
b. Maintaining at least six-foot social distancing from individuals who are not part of the same household or living unit (except to the limited extent necessary to provide care, including childcare, adult or senior care, care to individuals with special needs, and patient care);
 
c. Frequently washing hands with soap and water for at least 20 seconds, or using hand sanitizer that is recognized by the Centers for Disease Control and Prevention as effective in combating COVID-19;
 
d. Covering coughs and sneezes with a tissue or fabric or, if not possible, into the sleeve or elbow (but not into hands); and
 
e. Avoiding all social interaction outside the household when sick with a fever or cough.
 
6. With respect to the Prior Shelter Order, the Health Officer makes the following modifications to the exemptions for “Essential Activities” and “Essential Businesses” set forth in paragraph 12:
 
a. With respect to section 12.a.iii (Essential Activities, Recreation), golf is added to list of outdoor recreation activities that may be engaged in, in compliance with Social Distancing Requirements. In addition, golf courses are considered Essential Businesses and may serve the public so long as they can do so while complying with Social Distancing Requirements and other applicable orders. In addition, in order to operate, golf courses must comply with the Golf Site Requirements set forth in Appendix C.
 
b. With respect to section 12.a.vii (moving residences), individuals may move residences (re-locate to a new residence); however, when moving into or out of Santa Cruz County, individuals are strongly urged to self-quarantine for 14 days upon arrival in their new residence. To self- quarantine, individuals should follow the guidance of the United States Centers for Disease Control and Prevention.
 
c. With respect to section 12.b (Health Care Operations), individuals may leave their residence to work for, volunteer at, or obtain health care services consistent with those allowed under any and all orders issued by the State Public Health Officer or the Governor, and this Order shall be interpreted consistently with such State orders.
 
d. With respect to section 12.f.v (Construction), that section is hereby deleted and replaced such that construction businesses and necessarily-related services, such as surveying and site investigation, may resume as long as such activities are conducted consistently with any and all orders issued by the State Public Health Officer or the Governor, and this Order shall be interpreted consistently with such State orders. In addition, in order to operate, construction businesses are required to comply with the Construction Site Requirements set forth in Appendix B.
 
e. With respect to section 12.f.vii, this section shall be supplemented to include as Essential Businesses those that manufacture, distribute, sell, rent, lease, repair, and maintain vehicles and other transportation equipment (including electric vehicle charging stations) and the supply chains that enable these operations, but only to the extent their work can be performed while complying with Social Distancing Requirements and other applicable orders.
 
f. With respect to section 12.f.x, real estate business activity is allowed to resume as long as it is in compliance with any and all orders issued by the State Public Health Officer or the Governor, and this Order shall be interpreted consistently with such State orders.
 
g. With respect to section 12.f.xiii, arborists, landscapers, gardeners, environmental site remediation and similar service professionals are allowed to conduct business, but only to the extent their work can be performed while complying with Social Distancing Requirements and other applicable orders. In addition, wholesale and retail establishments supporting these activities (e.g., garden centers, agricultural operations and nurseries) are considered Essential Businesses and may serve the public so long as they can do so while complying with Social Distancing Requirements and other applicable orders.
 
h. With respect to section 12.f.xxvii (childcare facilities) the language contained in the former order is modified as follows: Childcare establishments, summer camps, and other educational or recreational institutions or programs providing care or supervision for children of all ages that enable owners, employees, volunteers, and contractors for Essential Businesses, Essential Governmental Functions, or Minimum Basic Operations to work as allowed under this Order. To the extent possible, these operations must comply with the following conditions:
 
i. They must be carried out in stable groups of 12 or fewer children (“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 at one facility, each group shall be in a separate room. Groups shall not mix with each other.
 
iv. Providers or educators shall remain solely with one group of children.
 
The Health Officer will carefully monitor the changing public health situation as well as any changes to the State Shelter Order. In the event that the State relaxes restrictions on childcare and related institutions and programs, the Health Officer will consider whether to similarly relax the restrictions imposed by this Order.
 
i. Fabric stores and craft stores that supply fabric and related materials are considered “Essential Businesses” and may transact business for the purposes of supplying materials necessary to create face coverings, gowns and other personal protective equipment.
 
7. In order to remain open, all Essential Businesses and facilities providing Essential Governmental Functions must prepare and post by no later than 11 :59 p.m. on May 8, 2020 a “Social Distancing Protocol” for each of their facilities in the County frequented by the public or employees. Any active construction site must also post a Social Distancing Protocol. The Social Distancing Protocol must be substantially in the form attached to this Order as Appendix A. The Social Distancing Protocol must be posted at or near the entrance of the relevant facility or construction site 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 or construction site. All Essential Businesses shall implement the Social Distancing Protocol and provide evidence of its implementation to any authority enforcing this Order upon demand.
 
8. Extension of the Prior Shelter Order and strengthening of its restrictions are necessary to further reduce the spread of the COVID-19 disease, preserving critical and limited healthcare capacity in the County and advancing toward a point in the public health emergency where transmission can be controlled. The Health Officer may modify or extend this Order, or issue additional Orders, related to COVID-19, as changing circumstances dictate.
 
9. Pursuant to Government Code sections 8667, 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. The violation of any provision of this Order constitutes an imminent threat and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment, or both.
 
10. Copies of this Order shall promptly be: (1) made available at the County offices at 701 Ocean St, Santa Cruz, CA 95060; (2) posted on the County Public Health Department website (www.santacruzhealth.org); and (3) provided to any member of the public requesting a copy of this Order.
 

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