HomeMy WebLinkAbout2020.0505.Mayor Proclamation-Emergency (5) a1vr
{�4rt h At"
Town of Fountain Hills
Proclamation of Emergency (5)
PROCLAMATION BY GINNY DICKEY, THE MAYOR OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA
WHEREAS, on March 11, 2020, the Governor of the State of Arizona, Douglas A.
Ducey, determined that the COVID-19 outbreak presents conditions in Arizona that justified his
declaration of a State of Emergency based upon the outbreak's threat to human health and
safety; and
WHEREAS, on March 13, 2020, the President of the United States of America, Donald
J. Trump, found and proclaimed that the COVID-19 outbreak in the United States constituted a
national emergency based upon the outbreak's threat to human health and safety; and
WHEREAS, on March 15, 2020, the Centers for Disease Control and Prevention and the
Arizona Department of Health Services recommended: (1) that for the next 8 weeks, organizers
cancel or postpone in-person events that consist of 50 people or more, (2) statewide closures of
Arizona schools through Friday, March 27, 2020, and (3) that employers permit telework and
other alternatives when available (collectively, the "CDC Instructions"); and
WHEREAS, on March 16, 2020, President Trump issued his "Coronavirus Guidelines for
America: 15 Days to Slow the Spread" (the "March 16, 2020 Presidential Directive") which
provides guidance to avoid social gatherings of more than 10 people (and direction to "listen to
and follow the directions of your state and local authorities"); and
WHEREAS, on March 19, 2020, Governor Ducey issued Executive Order 2020-09,
requiring restaurants in Arizona counties with confirmed COVID-19 cases to provide dine-out
options only; and requiring all bars, movie theaters and gyms in those counties be closed.
WHEREAS, on March 23, 2020, Governor Ducey issued Executive Order 2020-12,
prohibiting the closure of businesses and operations deemed "essential" by the State and
providing certainty to business owners, employees, and families. The order is a proactive and
administrative measure to ensure consistent guidance across the state, as it also prohibited
counties, cities or towns from enacting local stay-at-home restrictions.
WHEREAS, on March 29, 2020, President Trump extended national social distancing
guidelines until April 30.
WHEREAS, on March 30, 2020, Governor Ducey issued Executive Order 2020-18,
mandating "Stay Home, Stay Healthy, Stay Connected" —to Arizonans to control the spread of
COVID-19.
WHEREAS, on April 1, 2020, Governor Ducey wrote a letter to President Trump
requesting a Presidential Major Disaster Declaration from the federal government—a
procedural step to pull down necessary federal assets and resources to assist Arizona's
COVID-19 response efforts.
WHEREAS, on April 3, 2020, Governor Ducey released additional guidance on essential
services and recreational activities that do not comply with the guidelines required in paragraph
11 of Executive Order 2020-18 directing Arizonans to "Stay Home, Stay Healthy, and Stay
Connected" shall cease operations no later than 5 p.m. on April 4, 2020,
WHEREAS, on April 4, 2020, President Trump in coordination with the Federal
Emergency Management Agency (FEMA) approved Governor Ducey's request for a
Presidential Major Disaster Declaration for the state. The declaration makes available
additional federal assets and resources to aid Arizona's COVID-19 response efforts.
WHEREAS, on April 29, 2020, Governor Ducey issued Executive Order 2020-33,
"Returning Stronger" amending "Stay Home, Stay Healthy, Stay Connected Order"—extending
physical distancing measures until May 15, 2020 for Arizonans and providing step-by-step
guidance for reopening to businesses not classified as "essential" under Governor Ducey's
Executive Order 2020-12.
WHEREAS, on May 4, 2020, Governor Ducey issued Executive Order 2020-34,
"Building on COVID 19 Successes" providing guidance and allowing barbers, cosmetologists
and dine-in restaurants to resume operations provided they establish and implement protocols
and best practices for businesses to address COVID-19 —effective May 8, 2020, barbers and
cosmetologists to resume business operations by "appointment only" provided they enact using
face coverings for employees and customers — effective May 11, 2020, restaurants to resume
dine-in services provided they enact physical distancing policies and limit the number of diners.
WHEREAS, the Mayor of the Town of Fountain Hills is authorized under the current
circumstances by Town Code § 3-5-4(B), A.R.S. § 26-307, and/or A.R.S. § 26-311 to proclaim
that a local emergency exists and, thereafter, to impose all necessary regulations to preserve
the peace and order of the Town of Fountain Hills.
IT IS HEREBY PROCLAIMED AND IMPOSED AS FOLLOWS:
1. The COVID-19 outbreak and the instructions in the above-listed declarations,
proclamations, executive orders, and recommendations present conditions in the Town of
Fountain Hills that justify this proclamation of an emergency.
2. The March 16, 2020 and March 29, 2020, Presidential Directive, CDC Instructions, and
above-mentioned Executive Orders are hereby incorporated by reference, and compliance with
the guidance and instructions therein is hereby ordered, with the Town giving deference, to the
extent applicable, to the State of Arizona and the County of Maricopa in their interpretation or
further instructions regarding the March 16, 2020 Presidential Directive, CDC Instructions, and
above-mentioned Executive Orders given their superior knowledge of, expertise in, and greater
responsibility for public health matters.
3. Along with the March 16, 2020 Presidential Directive, CDC Instructions, and above-
mentioned Executive Orders given the fluidity of the current situation, other instructions that may
emerge from qualified governmental public health officials related to COVID-19 and reducing its
spread shall be incorporated herein and followed to the extent applicable.
4. On March 11, 2020, the Town of Fountain Hills implemented measures in the workplace
to limit exposure to COVID-19.
5. Effective March 13, 2020, all Town events at Town facilities and parks are cancelled
through the end of April 2020.
6. Effective March 16, 2020, all Boards and Commissions meetings are postponed through
the end of April 2020.
7. Effective March 16, 2020, Town Council meetings are limited to live broadcasts and live
streaming from the internet without attendance from the general public.
8. Effective March 17, 2020, Fountain Hills Community Center is closed through the end of
April 2020.
9. Effective March 18, 2020, it is determined by the Manager of the Town of Fountain Hills,
in consultation with the Mayor of the Town of Fountain Hills, that the COVID-19 outbreak presents
conditions in Fountain Hills that justify a declaration of a State of Emergency based upon the
outbreak's threat to human health and safety.
10. Effective March 19, 2020, all restaurants in Fountain Hills may only provide dine-out and
drive through options; and all bars, movie theaters, and gyms shall remain closed consistent with
Executive Order 2020-09.
11. Effective March 23, 2020, Town Hall is closed to the public through the end of April 2020.
12. Effective March 23, 2020, all park restrooms, playgrounds, and other park amenities are
closed through the end of April 2020.
13. Effective April 2, 2020, the Town of Fountain Hills implores all residents to adhere to
Executive Order 2020-18, "Stay Home, Stay Healthy, Stay Connected," in order to maintain the
health, safety, and welfare of our community.
14. Effective April 7, 2020, the Town of Fountain Hills implores businesses and services
deemed "essential" in Executive Order 2020-12 to adhere to Governor Ducey's added guidance
issued on April 3, 2020 on essential services, mandating barbershops, cosmetology, hairstyling,
nail salons, aesthetic salons, tanning salons, tattoo parlors, spas and massage therapist services
cease operations through the end of April 2020.
15. Effective April 7, 2020, the Town of Fountain Hills implores businesses and services to
adhere to Governor Ducey's additional guidance issued on April 3, 2020, pertaining to recreational
activities; amenities at public parks that do not allow for recommended physical distancing or
proper hygiene, such as basketball courts, splash pads, playgrounds, public restrooms; swap
meets; and communal pools such as those at hotels, condominiums, apartment complexes, and
parks, to cease operations.
16. Effective May 4, 2020, the Town of Fountain Hills will reopen the dog park and the
following park amenities; skate park, pickleball courts, tennis courts, basketball courts and the
main restrooms at the south end of Fountain Park.
17. Effective May 4, 2020, Town of Fountain Hills retailers, whose business involves the"sale
of goods" not deemed as "essential" under Governor Ducey's Executive Order 2020-12; may
operate and offer goods through delivery service, window service, walk-up service, drive-through
service, drive-up services, curbside delivery or appointment provided they establish, and
implement best practices and protocols for businesses to address COVID-19 outlined in Governor
Ducey's Executive Order 2020-33.
18. Effective May 8, 2020, Town of Fountain Hills retailers, whose business involves the "sale
of goods" that is not deemed as "essential" under Governor Ducey's Executive Order 2020-12;
may open, operate and offer goods provided they establish, and implement best practices and
protocols for businesses to address COVID-19 outlined in Governor Ducey's Executive Order
2020-33.
19. Effective May 8, 2020, Town of Fountain Hills barbers and cosmetologists resume
operations consistent with Governor Ducey's Executive Order 2020-34.
20. Effective May 11, 2020, the Town of Fountain Hills will reopen all restrooms at all park
locations.
21. Effective May 11, 2020, Town of Fountain Hills restaurants and coffee shops resume
dine-in services consistent with Governor Ducey's Executive Order 2020-34.
22. The Town Manager, in consultation with the Mayor, is ordered, directed, and authorized
to implement any procedures and take any actions that he deems necessary to carry out the intent
of this Proclamation.
23. These emergency regulations shall remain in full force and effect until such time as the
emergency declared herein abates and is withdrawn, or a subsequent Proclamation is issued with
amendments.
24. The Town requests that financial, mutual aid, and in-kind assistance be obtained from the
County of Maricopa, the State of Arizona, and the Federal Government of the United States of
America as may be necessary and appropriate under the circumstances.
25. In accordance with A.R.S. § 26-307(B), this Proclamation shall be effective when a copy
thereof is filed in the office of the Town Clerk. Existing laws, ordinances, orders, rules and
regulations in conflict with the same are hereby suspended during the time and to the extent that
they conflict.
IN WITNESS WHEREOF, I have set my hand and caused to be affixed the seal of the
Town of Fountain Hills this 5th day of May 2020.
AIN/, 1�) j Cl
1
p / \? Ginny ,ickey, yor
0 .: ` x Attest:
lizabe urke, Town CI rk