WHEREAS, on January 30, 2020, the World Health Organization (WHO) Director General declared the outbreak of COVID-19, also known as the coronavirus, as a Public Health Emergency of International Concern, advising countries to prepare for the containment, detection, isolation and case management, contact training, and prevention of onward spread of disease; and,
WHEREAS, on March 11, 2020, the World Health Organization (WHO) declared COVID-19 a global pandemic; and,
WHEREAS, the Centers for Disease Control (CDC) is closely monitoring the growing number of COVID-19 cases that have spread into the United States and have issued guidance with extraordinary policies and procedures to protect public health and welfare; and,
WHEREAS, on March 13, 2020, the President of the United States issued a Proclamation declaring a national emergency concerning the novel coronavirus disease (COVID-19) outbreak; and,
WHEREAS, also on March 13, 2020, Missouri Governor Michael L. Parson signed Executive Order 20-02 declaring a state of emergency in Missouri in response to the novel coronavirus (COVID- 19); and,
WHEREAS, on April 3, 2020, Missouri Governor Michael L. Parson issued a statewide “Stay Home Missouri” order, effective 12:01 a.m. on Monday, April 6, 2020, until 11:59 p.m. on Friday, April 24, 2020; and,
WHEREAS, on April 16, 2020, Missouri Governor Michael L. Parson extended the statewide “Stay Home Missouri” order until 11:59 p.m. on Sunday, May 3, 2020; and,
WHEREAS, after consultation with City, County, and State officials, it is my judgement that there continues to reasonably appear to exist a state of civil emergency which requires a response by the City to protect public health.
NOW, THEREFORE, I, RACHAEL MARTIN, MAYOR OF THE CITY OF MARYVILLE, DO HEREBY PROCLAIM AND ORDER, that:
SECTION 1. The Proclamation of Third Emergency Order dated April 4, 2020, is hereby repealed effective 12:01 a.m. on Saturday, April 18, 2020 and this Fourth Proclamation of Civil Emergency and Order is hereby enacted as described herein. A local state of civil emergency continues to be declared pursuant to Section 100.180. Civil Emergency – Powers of Mayor to Issue Proclamation of Emergency of the Municipal Code of Maryville.
SECTION 2. The exercise of certain powers granted to me in Section 100.180. Civil Emergency – Powers of Mayor to Issue Proclamation of Emergency appears reasonably necessary due to the local state of civil emergency, and I hereby impose the orders described in “Exhibit A”, which is attached and incorporated herein by this reference.
SECTION 3. During the time of this Proclamation of Civil Emergency and Order is in effect and any renewals, modifications thereof, I hereby delegate to the City Manager and his delegees the authority to determine whether any personal or business activity is permitted or prohibited under this proclamation.
SECTION 4. Pursuant to Section 100.180. Civil Emergency – Powers of Mayor to Issue Proclamation of Emergency, this proclamation is effective at 12:01 a.m. on Saturday, April 18, 2020 and shall continue until 11:59 p.m. on Sunday, May 3, 2020, unless otherwise amended, renewed, or withdrawn.
- That, to the maximum extent possible, citizens of the City of Maryville, Missouri, are required to shelter in place and shall avoid leaving their homes or places of residence and avoid contact with people whom they do not reside. When individuals need to leave their homes or places of residence to work, to access food, prescriptions, health care, and other necessities, or to engage in outdoor activity, they should at all times practice social distancing. Individuals may also go to and from an individual’s place of worship, provided that limitations on social gatherings and social distancing are properly adhered to.
- Businesses which are considered non-essential shall be prohibited from operating. Non- essential businesses are those that do not fall under the definition of essential as indicated in the subsection below. Further determination of essential and nonessential business designations will rely on guidance provided by the U.S. Department of Homeland Security, Cybersecurity & Infrastructure Security Agency (CISA).
- Any entity that employs individuals to perform essential work functions, as set forth in section 2, of this Order, and that is engaged in retail sales to the public, shall limit the number of individuals in any particular retail location as follows:
(1) Twenty-five (25) percent or less of the entity’s authorized fire or building code occupancy, as set by local authorities, for a retail location with square footage of less than ten thousand square feet (10,000 ft2);
(2) Ten (10) percent or less of the entity’s authorized fire or building code occupancy, as set by local authorities, for a retail location with square footage of ten thousand square feet (10,000 ft2) or more.
- In accordance with the guidelines from the President and the Centers of Disease Control and Prevention (CDC), every person in the City of Maryville shall not participate in social gatherings of more than ten (10) people. For purposes of this Order, “social gatherings” shall mean any planned or spontaneous event or convening that would bring together more than ten (10) people in a single space at the same time.
- In accordance with the guidelines from the President and the CDC, every person and business in the City of Maryville shall abide by social distancing requirements, including maintaining six feet (6’) of space between individuals. This provision shall not apply to family members or individuals performing essential worker functions, as set forth in Exhibit A, Section 2 of this Order, whose job duties require contact with other people closer than six feet (6’). This provision shall apply in all situations, including, but not limited to, when customers are standing in line or individuals are using shared indoor or outdoor spaces when outside their residence. For offices and workplaces that remain open, individuals shall practice good hygiene and, where feasible, work from home in order to achieve optimum isolation from COVID-19.
- In accordance with guidelines form the President and the CDC, schools shall close and remain closed. Notwithstanding Exhibit A, Section 2 of this Order, nothing in this Order shall prohibit daycares, child care providers, or schools from providing child care for working families in accordance with CDC guidelines found at https://www.cdc.gov/coronavirus/2019- ncov/community/schools-childcare/guidance-for-childcare.html. Further, this Order does not prohibit schools from providing Food and Nutritional Services for those children that qualify. School teachers and school staff may enter the building as long as they follow the directives set forth in this Order and any additional regulations placed by the local School District.
- In accordance with the guidelines from the President and the CDC, every person in the City of Maryville shall avoid eating or drinking at restaurants, bars, or food courts; provided, however that the use of drive-thru, pickup, or delivery options is allowed throughout the duration of this Order.
- In accordance with the guidelines form the President and the CDC, people shall not visit nursing homes, long-term care facilities, retirement homes, or assisted living homes unless to provide critical assistance.
- Pursuant to section 44.101, RSMo, this Order shall not be construed to prohibit or restrict the lawful possession, transfer, sale, transportation, storage, display, or use of firearms or ammunition during the declared state of emergency, subject to the provisions set forth herein.
- All city facilities are closed to the public; however, essential city functions shall continue.
- No business or person shall provide services that require contact between a person providing the service and the customer unless the service is for necessary medical treatment that has been ordered by a physician. Such services that shall not be provided include, but are not limited to, hair salon services, nail salon services, tattooing, and massage services.
This Order does not prohibit people from accessing essential services, such as grocery stores, gas stations, and banks, or engaging in outdoor recreation, provided that necessary precautions are taken and maintained to reduce the transmission of COVID-19, including the observing social gathering and social distancing requirements set forth in Exhibit A, Sections 4 & 5 of this Order.
For the purposes of this Third Emergency Order, the term “Essential Businesses” shall mean businesses or organizations which are providing any of the following as a substantial element of their daily operations:
- Healthcare and public health services, including mental health and home health services, blood and plasma related activities, supply distribution, and pharmacies, but not including gyms and fitness centers. This should be construed broadly to avoid any impacts to the delivery of healthcare for human or animal care. 2. Law enforcement, public safety, first responder, emergency dispatch, and security; 3. Agriculture and food creation, transportation, distribution, and retail sales (for human or animal consumption); 4. Grocery stores, food banks, convenience stores and other establishments engaged in the retail sale of household consumer products (such as cleaning and personal care products). This includes stores that sell groceries and also sell other non-grocery products, and products necessary to maintain the safety, sanitation, and essential operation of residences and persons; 5. Food and beverage carry-out, drive-thru, and delivery services, and pick-up or take-away food services provided by a school or organized volunteer effort; 6. Energy, electricity, petroleum, natural gas and propane acquisition, extractions, production, generation, processing, storage, distribution, and retail distribution; 7. Water and wastewater processing, treatment, conveyance, and distribution; 8. Logistics and transportation of goods and people, repair of transportation systems and infrastructure, transportation dispatch, packaging material manufacturing, shipping, air and rail transportation, and support services; 9. Public infrastructure support and maintenance; 10. Communications infrastructure support and maintenance; 11. Information technology development, management, support, and security; 12. Education (including childcare) and governmental operations; 13. Hotels and motels, providing that they may not offer dining-in services; 14. Critical community assistance and preparedness services; 15. Critical manufacturing of materials, packaging, and products needed for medical supply chain, transportation, energy, communications, food and agriculture, chemical manufacturing, water and wastewater treatment, emergency services, and the defense industrial base. 16. Chemical and hazardous materials handling and cleanup; 17. Critical financial services; 18. Military operations; 20. Construction, related activities, and building supply stores; 21. Services related to real estate transactions, including title searches, appraisals, permitting, inspections, moving, and recordation, legal, financial and other necessary services; 22. Mortuary services, including funeral homes, and services related to funerals and end-of-life care, including burials, religious services, and floral services for funeral, except that not more than ten (10) persons at a time shall be allowed into a funeral, visitation, or wake; 23. Cleaning involving sanitizing; 24. Lawn and landscaping services and grass, weed, vegetation removal; 25. Support for the foregoing services; and 26. Functions that the Cybersecurity and Infrastructure Security Agency (CISA) or the Nodaway County Health Department deem, in writing, to be essential services.
Notwithstanding the aforementioned designated services, the list of Essential Businesses may be modified by a subsequent declaration and order.