As directed by the Governor of the State of West Virginia, the Marion County Health Department, on this tenth day of April 2020, makes the following FINDINGS and ORDERS:
Whereas, the Marion County Health Department has concluded that COVID-19 is a highly communicable and infectious disease that presents a severe health risk for citizens and visitors of West Virginia because of, among other things, ease of transmission of the disease, and;
Whereas, in an attempt to slow or halt the spread of COVID-19, the Governor of the State of West Virginia has issued Executive Orders pursuant to his authority under West Virginia Code ꞩ 15-5-6 and related statutes, including Executive Order 9-20, Executive Order 21-20, and Executive Order 22-20, and:
Whereas, pursuant to West Virginia Code ꞩ 16-3-2 and related statutes, and Executive Order 9-20, Executive Order 21-20, Executive Order 22-20, the Marion County Health Department has been directed to implement additional mitigation directives to restrict public movement of all individuals to prevent and contain the spread of COVID-19, and to quarantine or isolate those who are infected or likely infected with COVID-19 due to their exposure, symptoms or diagnosis of COVID-19, and;
Whereas, Executive Order 22-20 mandates further action by the Marion County Health Department in an effort to disrupt the spread of the virus and mitigate the spread of COVID-19 among the populations of such counties in an effort to protect such persons;
Whereas, pursuant to the advice and guidance provided by the Federal and State Governments and by the Centers for Disease Control for the protection of the public and our employees to the greatest extent possible, and for the purpose of fully implementing the Governor’s Executive Order No. 22-20, dated April 9, 2020, The Marion County Health Department does hereby ORDER the following additional restrictions upon the residents, businesses, and public bodies of Marion County:
- Stay at home or your place of residence: All individuals within Marion county are under a general stay-at-home order and are directed to stay at home or their place of residence or usual place of abode [hereinafter “home”] unless performing an essential activity, as defined in Section 1 of the Governor of West Virginia’s Stay at home Executive Order 9-20, with the additional following restrictions:
- As stated Executive Order 22-20, the gathering size of any group engaging in outdoor activity is limited to a maximum of 5 people as part of any group within the immediate vicinity of each other, including still maintaining social distancing of a minimum of six feet from one another at all times.
- All persons who are going to and from the home of a family member are to limit the number of these visits to the least number of visits reasonably possible as to reduce and limit the total number of time requiring any person to leave the home.
- Essential Business and Operations. As defined in Executive Order 22-20, all Essential Businesses and Operations, as outlined in Section 3 of Executive Order 9-20, conducted by both private and public employers and/or entities, including non-profit businesses or operations in Marion County shall direct their employees and/or contractors, to the maximum extent possible, to work from their home or residence, or to otherwise work remotely in order to limit the instances requiring their employees to leave their homes. Despite this directive, any business permitted to remain open that chooses to remain open and requires employees to report to work must take the following actions:
- Implement a written plan to limit staff to essential personnel only;
- Implement social distancing practices in the workplace where possible, including remaining at a minimum 6 feet apart from other persons.
- Supplying multiple, adequate disinfecting and hygienic supplies and dispensers to employees, and/or other persons on site; such as disinfecting wipes or spray, hand sanitizer, or If possible, soap & water consistent with the number of persons allowed to be on the premises as setforth herein; and,.
- Provide protective barriers for employees exposed to the general public (barriers may include safety glasses, masks, plexi-glass shields).
- Public Access Restrictions. All Essential Business and Operations, as defined in Section3 of Executive Order 9-20, that choose to remain open to the public shall limit access to the public as follows:
- No more than two (2) persons per 1,000 square feet of public space in any such building or any attached and/or adjacent are where persons may likely congregate and such limitation not including employees. In order to ensure the number of people per square foot is not exceeded, the business shall count the number of persons who enter and leave such building or any attached and/or adjacent area on a one-in, one-out basis once capacity is reached; if attached and/or adjacent areas cannot be controlled for occupancy due to their openness then they shall be cordoned off or closed.
- All such private and public employers and/or entities, including non-profit businesses or operations shall take actions to establish social distancing for the public to the greatest extent possible, including but not limited to marking areas a minimum of six feet apart at any area where persons are likely to stand or wait in line to access the building; creating one-way aisles and any other restrictions which limit close contact with other people and encourage people to place order ahead, where feasible, that will allow them to pick up and pay without entering the business.
- Any Essential Business that remains open to the public shall prominently display at all entrances and exits and checkout counters, with at least a minimum 5 notifications being posted in any Essential Business of the directives established herein, including posting the maximum per person occupancy of each Essential Business.
- Self-Quarantine for Positive Test. Pursuant to the general authority of the Marion County Board of Health to order quarantine of individuals contained in West Virginia Code ꞩ16-3-2, any person who is diagnosed with COVID-19 shall self-Quarantine for at least 14 days in a portion of their own home that limits, as much as possible, their contact with any other member or person in their home at any time. If possible, any person diagnosed with COVID-19 who is under self-quarantine should use his or her own bathroom exclusively. Any person living in the same household as a diagnosed person who has had known contact with a diagnosed person should contact the Marion County Health Department for further instruction.
- The enforcement of this Order shall be at the direction of the Marion County Health Department. Pursuant to the Executive Order 22-20, the West Virginia State Police and other law enforcement agencies are directed to provide support in enforcing the terms of this Order. Accordingly, the Marion County Health Department hereby requests that the West Virginia State Police and all other law enforcement agencies in Marion County enforce this Order and that any member of the West Virginia State Police assigned to assist the Marion County Health Department with the enforcement of this order are requested to use the Sherriff Law Enforcement (SLED) radio frequency in communications with Marion County 911 and the Marion County Sherriff’s office. If West Virginia State Police resources are not available, the Marion County Sherriff’s office and all municipal law enforcement agencies located in Marion County may be called upon to enforce this Order. In addition, the Marion County Health Department declares:
- Pursuant to Executive Order 22-20, to the extent resources are available, the National Guard shall support the local health department by assisting with spot checking businesses and with any other support deemed necessary by the Health Department to require compliance with the regulation established herein.
- That all law enforcement officers acting at the direction of the Marion County Health Department are charged with the enforcement of this Order. Any person who violates a lawful directive from such law enforcement officer is subject to the penalties stated in West Virginia Code ꞩ16-2-15, which provides a misdemeanor penalty for any person who obstructs any person charged with the enforcement of any public health law.
- Any person who notified by a law enforcement officer that they are in violation of this Order and who does not take the requested action to come into compliance with the Order within a reasonable amount of time, is also hereby declared to be a nuisance affecting public health, pursuant to West Virginia Code ꞩ 16-3-6 and the law enforcement officer is authorized to apply to the Circuit Court of Marion County for an injunction to restrain, prevent or abate such nuisance.
- The Marion County Health Department reserves the right to amend the order as is necessary to protect the health and welfare of the public. Any amendment to this directive will be communicated to the public by media release and other reasonable methods of notification.
IT IS SO ORDERED. This Order as mandated by the Governor of the State of West Virginia takes effect immediately.
ENTERED this 10th day of April 2020.
Lloyd R White, RS MPH