Public Health Officer issues new stay-at-home order, includes enforcement

Thursday, March 26, 2020

EMERGENCY ORDER OF LOCAL HEALTH OFFICER TO STAY AT HOME

Emergency Public Health Order issued on this 26th day of March, 2020, to mitigate the spread of the Coronavirus (COVID-19) epidemic in Bourbon County, Kansas, pursuant to the authority provided in K.S.A. 65-119, K.S.A. 65-129b and K.S.A 65-202 and other applicable laws or regulations.

WHEREAS, the Local Health Officer is authorized and required, pursuant to K.S.A. 65-119,

K.S.A.65-129b, and K.S.A 65-202 to immediately exercise and maintain a supervision over known or suspected cases of any infectious or contagious disease during its continuance, and to issue orders seeing that all such cases are properly handled and that the provisions of the Kansas public health laws as to isolation, quarantine and disinfection are duly enforced; and

WHEREAS, the Local Health Officer is appointed by the Board of County Commissioners and is authorized to prohibit public gatherings when necessary for the control of any/all infectious or contagious diseases, pursuant to K.S.A. 65-119; and

WHEREAS, on the 12th day of March, 2020, the Governor of the State of Kansas, Laura Kelly, found that a disaster had occurred, or the threat thereof was imminent as a result of the Coronavirus pandemic (COVID-19) and the confirmed outbreak and person-to-person spread of COVID-19; and

WHEREAS, on the 14th day of March, 2020, the Chairman of the Board of Bourbon County Commissioners of Kansas found that a disaster had occurred, or the threat thereof is imminent within Bourbon County, Kansas as a result of the Coronavirus pandemic (COVID-19), and the

confirmed outbreak and person-to-person spread of COVID-19 in the United States and Kansas; and

WHEREAS, COVID-19, a respiratory disease that spreads easily from person-to-person and may result in serious illness or death, has been confirmed in Kansas and Bourbon County, resulting in serious illness and at least two deaths to date in Kansas; and

WHEREAS, such conditions endanger the health, safety and welfare of persons and property within the border of Bourbon County, Kansas; and

WHEREAS, to reduce the spread of COVID-19, the United States Centers for Disease Control and Prevention (CDC), the Kansas Department of Health and Environment (KDHE) and the Bourbon County Health Officer, all recommend implementation of community mitigation strategies to increase containment of the virus, including cancellation of large gatherings and social distancing in smaller gatherings; and

WHEREAS, the worldwide outbreak of COVID-19 and the resulting epidemic in the United States and in Kansas continue to threaten the life and health of our citizens and visitors as well as

the economy and remains a public disaster affecting life, health, property, and the public peace; and

WHEREAS, for the preservation of public health and safety throughout Bourbon County, and to ensure that our healthcare delivery system is capable of serving those who are sick, it is necessary to take additional measures consistent with public health guidance to slow and stop the spread of COVID-19; and

WHEREAS, this public health order to stay at home is being issued to slow the rate of community spread of COVID-19 through intensified social distancing. It is estimated that each COVID-19 positive patient could infect between 2.6 to 4 other people. Furthermore, there is emerging evidence in other Kansas counties, including Johnson County, Kansas, of transmission by pre-symptomatic and asymptomatic people, making routine case-finding and exposure tracing strategies insufficient. Social distancing strategies are effective when implemented early enough

- ideally within two weeks of the first case and are key to flattening the epidemic curve to prevent overwhelming our local health care system's ability to care for the proportion of residents who develop severe symptoms. Despite recent enactment.of Public Health Orders (schools, bars, and restaurants), lack of available metrics to monitor the effect of these measures and the potential dire consequences of delay led Bourbon County Public Health to conclude that further delay could lead to excess mortality. Early implementation of this strategy is even more important in community cooperation, this proactive public health order can minimize the impact of COVID-19 on our Bourbon County community.

NOW, THEREFORE, BE IT ORDERED by the Local Health Officer, pursuant to the above authorities, that:

Section 1. Stay at Home; Business Operations; and Social Distancing Requirements

1.Stay at home or place of residence. With exceptions as outline below, all individuals currently living within Bourbon County, Kansas are ordered to stay at home or at their place ofresidence except as allowed in this Public Health Order. To the extent individuals are using shared or outdoor spaces when outside their residence, they must at all times and as much as reasonably possible, maintain social distancing of at least six feet from any other person, consistent with the Social Distancing Requirements set forth in this Public Health Order. All persons may leave their homes or place of residence only for Essential Activities, as defined below.

Individuals experiencing homelessness are exempt from this directive, but are strongly urged to obtain shelter. Individuals whose residences are unsafe or become unsafe, such as victims of domestic violence, are permitted and urged to leave their home and stay at a safe alternative location.

For purposes of this Public Health Order, homes or residences include hotels, motels, shared rental units, shelters, and similar facilities.

2.Leavin g the home for essential activities is permitted. For purposes of this Public Health Order, individuals may leave their residence only to perform any of the following Essential Activities:
a.For health and safety. To engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members (including, but not limited to, pets), such as, by way of example only and without limitation, seeking emergency services, obtaining medical supplies or medication, or visiting a health care professional.
b.For necessary supplies and services. To obtain necessary services or supplies for themselves and their family or household members, or to deliver those services or supplies to others, such as, by way of example only and without limitation, groceries and food, household consumer products, supplies they need to work from home, and products necessary to maintain the safety, sanitation, and essential operation of residences.
c.For outdoor activity. To engage in outdoor activity, provided the individuals comply with Social Distancing Requirements, as defined below, such as, by way of example and without limitation, walking, hiking, running, or biking. Individuals may go to public parks and open outdoor recreation areas. However, playgrounds may increase spread of COVID-19, and therefore shall be closed.
d.For employment. To perform or to otherwise carry out activities for employment that are not prohibited in this Public Health Order.
e.To take care of others. To care for a family member, friend, or pet in another household, and to transport family members, friends, or pets as allowed by this Public Health Order.
3.Businesses and Operations. All Businesses and Operations shall comply with Social Distancing Requirements as defined in this Public Health Order, including by maintaining six-foot social distancing for both employees and members of the public at all times, including, but not limited to, when any customers are standing in line.
4.Social Distancing Requirements. For purposes of this Order, Social Distancing Requirements includes maintaining at least six-foot social distancing from other individuals, washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surfaces, and not shaking hands.
a.Required measures. Businesses and Operations and businesses must take proactive measures to ensure compliance with Social Distancing Requirements, including where possible:

1. Designate six-foot distances. Designating with signage, tape, or by other means six-foot spacing for employees and customers in line to maintain appropriate distance;

11. Hand sanitizer and sanitizing products. Having hand sanitizer and sanitizing products readily available for employees and customers;

111. Separate operating hours for vulnerable populations. Implementing separate operating hours for elderly and vulnerable customers; and

1v. Online and remote access. Posting online whether a facility is open and how best to reach the facility and continue services by phone or remotely.

5.Prohibited activities. All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited, unless exempted by this Public Health Order in Section 2. Leaving the home for essential activities is permitted. Nothing in this Public Health Order prohibits the gathering of members of a household or residence.

For the purpose of this Public Health Order, weddings, wakes or funerals are not exempt.

All places of public amusement, whether indoors or outdoors, including but not limited to, locations with amusement rides, carnivals, amusement parks, water parks, aquariums, zoos, museums, arcades, fairs, children's play centers, playgrounds, theme parks, bowling alleys, movie and other theaters, concert and music halls, and country clubs or social clubs, and outdoor venues for spectator sports shall be closed to the public.

All fitness and exercise gyms, spas, salons, nail salons, barber shops, tattoo parlors, massage parlors, and similar facilities shall be closed to the public.

All dine-in at restaurants and other facilities that prepare and serve food are prohibited. Food may be served for consumption off-premises, through such means as in-house delivery, third-party delivery, drive through and curbside pick-up.

This Public Health Order supersedes all prior Emergency Orders of Local Health Officer of Bourbon County, Kansas.

Section 2. Intent; Enforcement; and Effect of this Public Health Order

1.Intent of this Public Health Order. The intent of this Public Health Order is to ensure that the maximum number of people self-isolate in their places of residence to the maximum extent feasible, while enabling essential services to continue, to slow the spread of COVID-19 to the greatest extent possible. When people need to leave their places of residence to perform Essential Activities they should at all times and as much as reasonably possible comply with Social Distancing Requirements. All provisions of this Public Health Order should be interpreted to effectuate this intent.
2.Enforcement. Pursuant to K.S.A. 65-129b, any sheriff, deputy sheriff or other law enforcement officer of the state or any political subdivision within Bourbon County, Kansas is hereby ordered to assist in the execution or enforcement of this order. Violations of this order are punishable by a fine of up to $2,500.
3.Effective. This Public Health Order is effective at 11:59 p.m. Friday, March 27, 2020, and shall remain in effect for 30 days, until 12:01 a.m. on Saturday, April 26, 2020, unless sooner amended, superseded or rescinded. This Public Health Order may be supplemented or modified as required for the effective and efficient management and control of the Coronavirus (COVID-19) epidemic in the County by further order or direction of the Bourbon County Board of Public Health or by the Bourbon County Health Officer.

IT IS SO ORDERED THIS 26th DAY OF MARCH 2020

Becky Johnson

Bourbon County Health Officer

William Wallis

Bourbon County Emergency