CIVIL EMERGENCY PROCLAMATION AND EXECUTIVE ORDER REGARDING SAFER AT HOME DIRECTIVE AND CLOSURE OF NON-ESSENTIAL SERVICES AND BUSINESSES BY MAYOR JIM STRICKLAND, CITY OF MEMPHIS No. 03-2020 WHEREAS, Coronavirus Disease 2019 is a communicable respiratory disease that can lead to serious illness or death, particularly in the case of elderly adults and persons with serious chronic medical conditions; and WHEREAS, on January 21, 2020, following the guidance of Centers for Disease Control and Prevention, the Tennessee Department of Health designated COVID-19 as a reportable disease in Tennessee; and WHEREAS, on March 11, 2020, the World Health Organization declared the outbreak a global pandemic; and WHEREAS, on March 12, 2020, the Governor for the State of Tennessee issued an Executive Order to facilitate the treatment and containment of COVID-19, pursuant to Tennessee Code Annotated and WHEREAS, on March 13, 2020, the President of the United States declared a national state of emergency in response to the pandemic; and WHEREAS, on March 17, 2020, I declared a state of emergency for the City of Memphis, pursuant to Tennessee Code Annotated 38-9-101 et seq. and 58?2-101 et seq. and City of Memphis Code 9-8?4 and 2-58-7 in response to the CON-19 pandemic; and WHEREAS, pursuant to the authority invested in the Mayor under Tennessee Code Annotated 38-9-101, et seq. and City of Memphis Code ?9-24, et seq., the Mayor may proclaim in writing the existence of a civil emergency, as defined therein; and WHEREAS, after proclamation of a civil emergency, the Mayor, in the interest of public safety and welfare, may make all orders necessary for the protection of life and property, including but not limited to, the closure of certain establishments; and WHEREAS, on March 19, 2020, the Governor for the State of Tennessee issued Executive No. 15 and declared that ?a state of emergency and major disaster exists to facilitate the response to COVID- 19?;and WHEREAS, on March 19, 2020, pursuant to the authority invested in the Mayor under Tennessee Code Annotated 38-9-101, et seq. and City of Memphis Code ?9-24, et seq., 1 issued Civil Emergency Proclamation and Executive Order No. 01-2020 (?Executive Order No. 01-2020?) closing restaurants and bars for on-site consumption as well as closing and exercise facilities; and WHEREAS, on March 21, 2020, I issued Civil Emergency Proclamation and Executive Order No. 02?2020, providing for the additional closures of entertainment and recreational establishments; and WHEREAS, on March 22, 2020, the Governor of the State of Tennessee issued Executive Order No. 17, temporarily suspending select state laws and limiting social gatherings, dine?in service, use, exposure to nursing and retirement homes, and adjusting state law regarding the sale of alcohol in restaurants; and WHEREAS, as of March 22, 2020, the Shelby County Health Department has reported 66 con?rmed cases of COVID-19 in Shelby County and that community transmission is occurring; and WHEREAS, as of March 22, 2020, there were at least 505 positive COVID-19 tests reported in the state of Tennessee; and WHEREAS, COVID-19 continues to present a severe danger to public health. NOW, THEREFORE, I, JIM STRICKLAND, MAYOR OF THE CITY OF MEMPHIS, by virtue of the powers vested in me, do hereby proclaim that a civil emergency continues to exist in the City of Memphis, Tennessee and I hereby direct and order the following: 1. Safer at Home. All individuals currently living within the City are required to stay at their place of residence unless engaged in Essential Activities as outlined in this Order. For purposes of this Order, residences include, but are not limited to, hotels, motels, shared rental units, and similar facilities. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably possible 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, Essential Governmental Functions, or to operate Essential Businesses as de?ned in this Order. Individuals experiencing homelessness are exempt from this section, but are strongly urged to seek safe shelter, 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 use COVID- 19 risk mitigation practices in their operation). 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. 2. Travel Restrictions. All travel, including, but not limited to, travel on foot, bicycle, scooter, automobile, or public transit, except Essential Travel and travel for Essential Activities as de?ned in this Order, is prohibited. People must use public transit only for purposes of performing Essential Activities or to travel to and from work to operate Essential Businesses or maintain Essential Governmental Functions. People riding on public transit must comply with Social Distancing Requirements as de?ned in this Order, to the greatest extent feasible. This Order allows travel into or out of the City to perform Essential Activities, operate Essential Businesses, or maintain Essential Governmental Functions. 3. Mass Gatherings Prohibited. All public and private gatherings of more than ten people occurring outside a single household or living unit are prohibited, except for the limited purposes as expressly permitted by this Order. Nothing in this Order prohibits the gathering of members of a household or living unit. 4. Closure of Non-Essential Businesses. All businesses with a facility in the City, except Essential Businesses as de?ned in this Order, are required to cease all activities at facilities located within the City except Minimum Basic Operations, as de?ned in this Order. For clarity, businesses may continue operations consisting exclusively of employees or contractors performing activities at their own residences working from home). All Essential Businesses are strongly encouraged to remain open. To the greatest extent feasible, Essential Businesses shall comply with Social Distancing Requirements as defined in this Order, including by maintaining six-foot social distancing for both employees and members of the public, including, but not limited to, when any customers are standing in line. 5. Essential Activities. For purposes of this Order, individuals may leave their residence only to perform any of the following ?Essential Activities.? 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. To engage in outdoor activity, provided the individuals comply with Social Distancing Requirements as de?ned in this Order, such as, by way of example and without limitation, walking, hiking, dog walking, or running. iv. To perform work providing essential products and services at an Essential Business or to otherwise carry out activities speci?cally permitted in this Order, including Minimum Basic Operations. v. To perform payroll and other critical administrative functions for any business, including businesses not de?ned as essential. vi. To care for a family member or pet in another household. However, people at high risk of severe illness from and people who are sick are urged to stay in their residence to the extent possible except as necessary to seek medical care. 6. Essential Businesses. For the purposes of this Order, ?Essential Businesses? means: i. Healthcare Operations and Essential Infrastructure as de?ned in this Order; ii. Grocery and beverage stores, certi?ed farmers? markets, farm and produce stands, supermarkets, food banks, convenience stores, catering, and other similar establishments. This includes stores that sell groceries and also sell other non-grocery products, and products necessary to maintaining the safety, sanitation, and essential operation of residences; iv. vi. vii. ix. xi. xii. xiv. XV. xvi. xvii. xix. XX. xxi. xxiv. xxv. xxvi. xxvii. Food cultivation, including farming, livestock, and ?shing; Businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals; Newspapers, television, radio, and other media services; Gas stations and auto-supply, auto-repair, and related facilities; Banks and related ?nancial institutions; Hardware stores, home and business repair, construction (commercial and residential), and facilities design businesses; Insurance businesses and services; Plumbers, electricians, exterminators, cleaning, janitorial, property management, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, and Essential Businesses; Businesses providing mailing, shipping and logistic services, including post office boxes; Laundromats, dry cleaners, and laundry service providers; Electronic, cell phone, and intemet retail businesses; Restaurants and other facilities that prepare and serve food, but only for delivery or carry out. Schools and other entities that typically provide free food services to students or members of the public may continue to do so under this Order on the condition that the food is provided to students or members of the public on a pick-up and take- away basis only. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site; Manufacturing companies, distributors, and supply chain companies producing, storing, shipping, and supplying essential products and services in and for industries such as pharmaceutical, technology, biotechnology, healthcare, medical supplies, shipping and paper supplies, chemicals and sanitization, waste pickup and disposal, agriculture, food and beverage, transportation, energy, steel and steel products, petroleum and fuel, mining, construction, national defense, communications, as well as products used by other Essential Businesses; Businesses that supply other Essential Businesses with the support or supplies necessary to operate or facilitate individuals to work from home, such as office supplies; Businesses that provide goods or services exclusively through curbside pick-up, drive- thru, shipment or delivery. This shall include any business that did not previously provide goods or services in this manner, but develops a procedure to provide its goods and services in this manner; Transportation services including buses, airlines, taxis, and other private transportation providers (such as Uber and Lyft) providing transportation services necessary for Essential Activities and other purposes expressly authorized in this Order; Home-based care for seniors, adults, or children, people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness; Residential facilities and shelters for seniors, adults, children, people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness; Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities; Childcare and daycare facilities, prioritizing services to employees of businesses exempted in this Order to work as permitted. Daycare and childcare facilities must use Social Distancing and risk mitigation practices in their operations, and urged to have no more than ten people in the facility; Hotels and motels, to the extent used for lodging and delivery or carry-out food services; Funeral homes, crematoriums, mortuary and burial services; Private waste removal and recycling services; Blood donor Operations; All other critical infrastructure businesses not otherwise listed but identified in the US. Department of Homeland Security?s Memorandum on Identi?cation of Essential Critical Infrastructure Workers During Response issued on March 19, 2020; and Any other business or service that the Mayor determines is essential for the safety and 7. 10. ll. 12. public health of the City. Essential Travel. For the purposes of this Order, ?Essential Travel? includes travel for any of the following purposes: i. Any travel related to the provision of or access to Essential Activities, Essential Governmental Functions, Essential Businesses, or Minimum Basic Operations. ii. Travel to care for elderly, minors, dependents, persons with disabilities, or other vulnerable persons. 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 City. Individuals are strongly encouraged to verify that their transportation out of the City remains available and functional prior to commencing such travel. Healthcare Operations. For purposes of this Order, individuals may leave their residence to work for or obtain services at any ?Healthcare Operations? including hospitals, clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, medical supply companies, other healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers, or any related and/or ancillary healthcare services. ?Healthcare Operations? also includes veterinary care and all healthcare services provided to animals. This exemption shall be construed broadly to avoid any impacts to the delivery of healthcare, broadly de?ned. ?Healthcare Operations? does not include ?tness and exercise and similar facilities. Essential Infrastructure. For purposes of this Order, individuals may leave their residence to provide any services or perform any work necessary to the operations and maintenance of ?Essential Infrastructure,? including, but not limited to, public works construction, construction of housing (in particular affordable housing or housing for individuals experiencing homelessness), airport operations, water, sewer, gas, electrical, oil re?ning, roads and highways, public transportation, solid waste collection and removal, grass mowing, internet, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services), provided that they carry out those services or that work in compliance with Social Distancing Requirements as de?ned this Order, to the extent possible. Essential Governmental Functions. For purposes of this Order, all ?rst responders, emergency management personnel, emergency dispatchers, court personnel, law enforcement personnel, as well as and local, state and federal agencies located within City limits are categorically exempt from this Order. Further, nothing in this Order shall prohibit any individual from performing or accessing Essential Governmental Functions. ?Essential Governmental Functions? means all services needed to ensure the continuing operation of the government agencies and provide for the health, safety and welfare of the public as determined by the Mayor of the City of Memphis, even if not explicitly described herein. All Essential Governmental Functions shall be performed in compliance with Social Distancing Requirements as de?ned this Order, to the extent possible. Employees of the City of Memphis shall follow all current and future directives and orders issued by the Mayor of the City of Memphis that are speci?cally directed to City employees. Minimum Basic Operations. For the purposes of this Order, ?Minimum Basic Operations? include the following, provided that employees comply with Social Distancing Requirements as de?ned this Order, to the extent possible, while carrying out such operations: i. The minimum necessary activities to maintain the value of the business?s inventory, ensure security, process payroll and employee bene?ts, or for related functions. ii. The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences. Social Distancing Requirements. All businesses and activities, including those that are designated as Essential under this Order, are required to practice Social Distancing. For purposes of this order Social Distancing Requirements refers to the CDC issued guidelines for prevention measures, which includes: screening of employees for 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. 13. For the purposes of this Order, covered businesses include any for-pro?t, non-pro?t, or educational entities, regardless of the nature of the service, the function it performs, or its corporate or entity structure. 14. City parks shall remain open, but Social Distancing Requirements shall be observed. 15. The Memphis Police Department and other City and Shelby County of?cials are authorized to enforce and close those businesses within the City of Memphis in violation of this Order. 16. A determination that any provision of this Order is invalid will not affect the enforceability of any other provision of this Order. The remaining provisions shall remain in full force and effect. Any invalid provision will be modified to the extent necessary for enforceability. 17. This Order will be effective at 6:00 pm. on March 24, 2020 and shall remain in effect until April 7, 2020, unless otherwise extended. Upon signature, this Order shall become effective at 6:00 pm. on March 24, 2020.