ORDER OF THE SAN JOAQUIN COUNTY PUBLIC HEALTH OFFICER AND DIRECTOR OF EMERGENCY SERVICES OF THE COUNTY OF SAN JOAQUIN DIRECTING ALL INDIVIDUALS LIVING IN THE COUNTY TO STAY AT HOME OR AT THEIR PLACE OF RESIDENCE EXCEPT THAT THEY MAY LEAVE TO PROVIDE OR RECEIVE CERTAIN ESSENTIAL SERVICES OR ENGAGE IN CERTAIN ESSENTIAL ACTIVITIES AND WORK FOR ESSENTIAL BUSINESSES AND GOVERNMENTAL SERVICES; EXEMPTING INDIVIDUALS EXPERIENCING HOMELESSNESS FROM THIS ORDER BUT URGING THEM TO FIND SHELTER AND GOVERNMENT AGENCIES TO PROVIDE IT; DIRECTING ALL BUSINESSES AND GOVERNMENTAL AGENCIES TO CEASE NON-ESSENTIAL OPERATIONS AT PHYSICAL LOCATIONS IN THE COUNTY; PROHIBITING ALL NON-ESSENTIAL GATHERINGS OF ANY NUMBER OF INDIVIDUALS; AND ORDERING CESSATION OF ALL NON-ESSENTIAL TRAVEL DATE OF ORDER: April 14, 2020 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.) UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101470, 101475, 101085, 120175, 120200, 120210 AND 120215 THE HEALTH OFFICER OF THE COUNTY OF SAN JOAQUIN (“HEALTH OFFICER”) AND UNDER THE AUTHORITY OF CALIFORNIA GOVERNMENT CODE SECTION 8634 AND SAN JOAQUIN ORDINANCE CODE SECTION 4-3005, THE SAN JOAQUIN COUNTY PUBLIC HEALTH OFFICER and DIRECTOR OF EMERGENCY SERVICES OF THE COUNTY OF SAN JOAQUIN ORDERS: 1. This Order repeals and replaces the order issued by the Director of Emergency Services on March 26, 2020 and incorporates by reference the directive from the California State Public Health Officer designating Essential Critical Infrastructure Workers. For more information on Essential Critical Infrastructure Workers, see https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf . All sections of this order are binding on all businesses and individuals in San Joaquin County. For ease of use those sections containing significant changes from the previous order have been italicized. 2. This Order implements Executive Order N-33-20, issued by Governor Newsom on March 19, 2020, to ensure that the maximum number of people self-isolate in their homes or places of residence to the maximum extent feasible, while enabling essential services to continue, to slow the spread of COVID-19 to the maximum extent possible. When people need to leave their homes or places of residence, whether to obtain or perform vital services, or to otherwise facilitate authorized activities necessary for continuity of social and commercial life, they must at all times comply with Social Distancing Requirements as defined in Section 11 of this Order. All provisions of this Order should be interpreted to effectuate this purpose. Failure to comply with any of the provisions of this Order constitutes an imminent threat to public health. 3. All individuals currently living within the County of San Joaquin (the “County”) are ordered to stay at home or place of residence. To the extent individuals are performing non-recreational Essential Activities using shared or outdoor spaces, they must at all times to the fullest extent possible maintain social distancing of at least six feet from any other person when they are outside their residence. To the extent individuals are participating in recreational Essential Activities using shared or outdoor spaces, they must at all times maintain social distancing of at least six feet from any other person when they are outside their residence. All persons may leave their residences only for Essential Activities as defined in Section 11, or to work as an Essential Critical Infrastructure Worker as defined by the State Public Health Officer. Individuals experiencing homelessness are exempt from this Section, but are strongly urged to obtain shelter. Persons experiencing homelessness that are unable to locate shelter should refrain from being in encampments of more than 10 people, 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 utilize Social Distancing Requirements in their operation). 4. This Order is issued based on evidence of escalating occurrence of COVID-19 within the County and throughout Northern California indicating that current efforts are not producing the desired result of reducing spread. Due to the outbreak of the COVID-19 virus in the general public, which is now a pandemic according to the World Health Organization, there is a public health emergency throughout the County. Making the problem worse, some individuals who contract the COVID-19 virus have no symptoms or have mild symptoms, which means they may not be aware they carry the virus. Because even people without symptoms can transmit the disease, and because evidence shows the disease is easily spread, public activities can result in preventable transmission of the virus. The scientific evidence shows that at this stage of the emergency, it is essential to slow virus transmission as much as possible to protect the most vulnerable and to prevent the health care system from being overwhelmed. While the evidence in San Joaquin County suggests that the individual efforts taken to date are reducing the transmission rate, it is imperative that everyone continues to abide by the Social Distancing Requirements. By reducing the spread of the COVID-19 virus, this Order helps preserve critical and limited healthcare capacity in the County. 5. All businesses with a facility or job site in the County, except Essential Businesses, are required to cease all activities at facilities located within the County except as needed to perform Minimum Basic Operations, as defined in Section 11. Essential Businesses are those businesses falling within the Critical Infrastructure sectors and performing the categories of work identified in the Order of the State Public Health Officer issued March 22, 2020. ( https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf ). Essential Businesses are directed to maximize the number of employees who work from home. Essential Businesses may only assign those employees who cannot perform their job duties from home to work outside the home. Businesses licensed for retail operations, that prior to March 19, 2020, were selling a significant proportion of essential goods such as food, hygiene, and consumer household products (See Section 11.a.ii.) may remain open to the public and stock the portions of their retail storefronts dedicated to nonessential products. All Essential Businesses and all non-essential businesses remaining open to perform Minimum Basic Operations shall comply with Social Distancing Requirements as defined in Section 11 and implement Social Distancing Protocols as specified in Section 12, below. 6. All public and private gatherings of any number of people occurring outside a household or living unit are prohibited, except for the limited purposes as expressly permitted in Section 11. All bars, tasting rooms, and brewpubs shall close to the public. All in-dining at restaurants shall cease. Restaurants may continue to provide home delivery and takeout. All gyms, bingo halls, golf courses and card rooms shall remain closed to the public. Nothing in this Order prohibits the gathering of members of a household or living unit. 7. All travel is prohibited, including, but not limited to, travel on foot, bicycle, scooter, motorcycle, automobile, or public transit, except for Essential Travel as defined in Section 11. People must use public transit only for purposes of performing Essential Activities. People riding on public transit must comply with Social Distancing Requirements as defined in Section 11, to the greatest extent feasible. This Order allows travel into or out of the County only to perform Essential Activities. 8. This Order also is issued in light of the existence, as of April 13, 2020, of 288 cases of COVID-19 in the County, and likely further significant increases in transmission. This Order is necessary to slow the rate of spread. The County will re-evaluate it as further data becomes available. 9. This Order is issued in accordance with, and incorporates by reference, the March 4, 2020 Proclamation of a State of Emergency issued by Governor Order of the San Joaquin Public Health Officer and County Director of Emergency Services to Stay at Home or Place of Residence Page 4 of 8 Gavin Newsom, the Declarations of Local Health Emergency issued by the Health Officer on March 12, 2020, Governor Newsom’s March 12, 2020 Executive Order N-25-20, the March 17, 2020 Resolution of the Board of Supervisors of the County of San Joaquin Ratifying the Declarations of Local Health Emergency, the Declaration of a Local Emergency on March 17, 2020, Governor Newsom’s March 19, 2020 Executive Order N-33-20, the designation by the State Public Health Officer of Essential Critical Infrastructure Workers issued March 22, 2020, and the March 24, 2020 Resolution of the Board of Supervisors of the County of San Joaquin Ratifying the Declaration of Local Emergency. 10. This Order comes after the release of substantial guidance from the County Health Officer, the Centers for Disease Control and Prevention, the California Department of Public Health, and other public health officials throughout the United States and around the world, including a variety of prior orders to combat the spread and harms of COVID-19. The Health Officer will continue to assess the quickly evolving situation and may modify or extend this Order, or issue additional Orders, related to COVID-19. 11. Definitions and Exemptions. a. For purposes of this Order, individuals may leave their residence only to perform “Essential Activities.” But people at high risk of severe illness from COVID-19 and people who are sick are urged to stay at home or place of residence to the extent possible except as necessary to seek medical care. “Essential Activities” are limited to the following: i. 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, obtaining medical supplies or medication, visiting a health care professional, or obtaining supplies they need to work from home. ii. 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, canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other household consumer products, and products necessary to maintain the safety, sanitation, and essential operation of residences. iii. To engage in outdoor activity, provided the individuals comply with Social Distancing Requirements as defined in this Section, such as, by way of example and without limitation, walking, hiking, biking, running or equestrian activities. Do not use park or playground equipment. iv. To perform work as an Essential Critical Infrastructure Worker. ( https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf ) v. To perform Minimum Basic Operations at a non-essential business. For the purposes of this Order, “Minimum Basic Operations” means the following activities for businesses, provided that owners, employees, and contractors comply with Social Distancing Requirements as defined in this Section while carrying out such operations: The minimum necessary activities to maintain and protect the value of the business’s inventory and facilities; ensure security, safety, and sanitation; process payroll and employee benefits; provide for the delivery of existing inventory directly to residences or businesses; and related functions. The minimum necessary activities to facilitate owners, employees, and contractors of the business being able to continue to work remotely from their residences, and to ensure that the business can deliver its service remotely. All Non-essential Businesses carrying out Minimum Basic Operations shall prepare, post and implement a Social Distancing Protocol at each facility or job site at which they are maintaining operations, as specified in Section 12. vi. To care for a family member or pet in another household. b. For purposes of this Order, Essential Critical Infrastructure Workers are those individuals providing the services designated by the State Public Health Officer listed here https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf . c. This Order applies to all businesses in the County including for profit, non-profit, or educational entities, regardless of the nature of the service, the function they perform, or its corporate or entity structure. d. For the purposes of this Order, “Essential Travel” is limited to travel for any of the following purposes. Individuals engaged in any Essential Travel must comply with all Social Distancing Requirements as defined in this Section below. i. Any travel related to the provision of or access to Essential Activities or Essential Governmental Functions. ii. Travel to care for elderly, minors, dependents, persons with disabilities, or other vulnerable persons. iii. Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, and any other related services. iv. Travel to return to a place of residence from outside the jurisdiction. v. Travel required by law enforcement or court order. vi. Travel required for non-residents to return to their place of residence outside the County. Individuals are strongly encouraged to verify that their transportation out of the County remains available and functional prior to commencing such travel. e. For purposes of this Order, residences include hotels, motels, shared rental units and similar facilities. f. 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 highly touched surfaces, and not shaking hands. 12. Social Distancing Protocols. a. All Essential Businesses that remain open for operations must prepare and post by no later than 11:59 p.m. on April 17, 2020 a “Social Distancing Protocol” for each of their facilities in the County frequented by the public or employees. b. All Non-Essential Businesses must prepare and post by no later than 11:59 p.m. on April 17, 2020 a “Social Distancing Protocol” for each of their facilities in the County frequented by employees. Nonessential businesses shall remain closed to the public. c. 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/job 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/job site. All Essential Businesses and non-essential business conducting Minimum Basic Operations shall implement the Social Distancing Protocol and provide evidence of its implementation to any authority enforcing this Order upon demand. The Social Distancing Protocol must explain how the business is achieving the following, as applicable: i. Limiting the number of people who can enter into the facility/job site at any one time to ensure that people in the facility/job site can easily maintain a minimum six-foot distance from one another at all times, except as required to complete the business activity; ii. Where lines may form at a facility/job site, marking six-foot increments at a minimum, establishing where individuals should stand to maintain adequate social distancing; iii. Providing hand sanitizer, soap and water, or effective disinfectant at or near the entrance of the facility/job site and in other appropriate areas for use by the public and employees, and in locations where there is high-frequency employee interaction with members of the public (e.g., cashiers); iv. Providing for contactless payment systems or, if not feasible to do so, the providing for disinfecting all payment portals, pens, and styluses after each use; v. Regularly disinfecting other high-touch surfaces; and vi. Posting a sign at the entrance of the facility/job site informing all employees and customers that they should: avoid entering the facility/job site if they have a cough or fever; maintain a minimum six-foot distance from one another; sneeze and cough into one’s elbow; not shake hands or engage in any unnecessary physical contact. vii. Any additional social distancing measures being implemented (see the Centers for Disease Control and Prevention’s guidance at: https://www.cdc.gov/coronavirus/2019- ncov/community/guidancebusiness-response.html ). 13. Real Estate: Service providers that enable residential transactions (including rentals, leases and home sales), including, but not limited to, real estate agents, escrow agents, notaries and title companies, are permitted to operate provided that they adhere to all of the requirements for Essential Businesses contained in this order, and provided that appointments and other residential viewings must only occur virtually or, if a virtual viewing is not feasible, by appointment with no more than two visitors at a time residing within the same household or living unit and one individual showing the unit (except that in person visits are not allowed when the occupant is still residing in the residence). In person “Open Houses” are prohibited. These services must be carried out in compliance with Social Distancing Requirements as defined in this Order. Realtors are encouraged to follow the guidelines published by the California Association of Realtors (https://www.carcovidupdates.org/bestpractices-guidelines). 14. Golf Courses: All public and private golf courses are to remain closed for play. Golf courses may engage in Minimum Basic Operations. Golf Clubs that provide food service may continue to do so by delivery or through pickup. Golf Clubs that are licensed to, and elect to serve food for pick-up or delivery shall prepare, post and implement a Social Distancing Protocol at each facility where food is served, as specified in Section 12. Social distancing shall be required for persons picking up food on site. 15. Pursuant to Government Code sections 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 to public health. Consistent with the views expressed by the Governor and after consulting with the San Joaquin County Sheriff, the Director and Public Health Officer believe that enforcement through education is preferable but that other means of enforcement may be employed, as deemed appropriate by the law enforcement agency. 16. This Order shall become effective at 11:59 p.m. on April 14, 2020, and will continue to be in effect until it is rescinded in writing by the Health Officer. 17. Copies of this Order shall promptly be: (1) made available at the County Administration Building at 44 N. San Joaquin, Stockton 95202, First Floor; (2) posted on the San Joaquin County Home page ( sjgov.org ); and (3) provided to any member of the public requesting a copy of this Order. 18. If any provision of this Order to the application thereof to any person or circumstance is held to be invalid, the remainder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.