WILMA QUAN City Manager EMERGENCY ORDER 2020-13 SHELTER IN PLACE – EXTENDED AND EXPANDED ORDER OF THE CITY MANAGER OF THE CITY OF FRESNO DIRECTING ALL INDIVIDUALS LIVING IN THE CITY TO CONTINUE SHELTERING AT THEIR PLACE OF RESIDENCE EXCEPT TO PROVIDE OR RECEIVE CERTAIN ESSENTIAL SERVICES OR ENGAGE IN CERTAIN ESSENTIAL ACTIVITIES AND WORK FOR ESSENTIAL BUSINESSES AND GOVERNMENT SERVICES; DIRECTING ALL BUSINESSES AND GOVERNMENTAL AGENCIES TO CEASE NON-ESSENTIAL OPERATIONS AT PHYSICAL LOCATIONS IN THE CITY; RESTRICTING ACCESS TO RECREATION AREAS; REQUIRING ESSENTIAL BUSINESSES TO IMPLEMENT SOCIAL DISTANCING REQUIREMENTS; AND PROHIBITING ALL NON-ESSENTIAL GATHERINGS OF ANY NUMBER OF INDIVIDUALS As the Director of Emergency Services pursuant to Fresno Municipal Code Section 2-505, and by the powers invested in me by Fresno Municipal Code Section 2-506, in response to the public health threat of COVID-19, I hereby issue the following orders: 1. This Order is effective 12:01am on Saturday, April 11, 2020, and supersedes Emergency Order 2020-02. This Order clarifies, strengthens, and extends certain terms of Emergency Order 2020-02. This order shall remain in effect through 11:59 pm on Wednesday, May 6, 2020, but is subject to extension or modification. 2. This Order is issued in accordance with, and incorporates by reference, the March 19, 2020, Stay at Home Order issued by Governor Gavin Newsom, the March 4, 2020, Proclamation of a State of Emergency issued by Governor Gavin Newsom, the March 17, 2020, Local Emergency Resolution adopted by the Fresno County Board of Supervisors, and the March 16, 2020, Proclamation Declaring a Local Emergency by Mayor Lee Brand. City of Fresno City Hall • 2600 Fresno Street • Fresno, California 93721-3600 (559) 621-7770 • FAX (559) 621-7776 • www.fresno.gov Emergency Order 2020-13 Shelter in Place – Extended and Expanded April 10, 2020 Page 2 of 8 2.1. The intent of this Order is to ensure 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 and mitigate the impact of delivery of critical healthcare services to those in need. When people need to leave their 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 should at all times possible comply with Social Distancing Requirements as defined below. All provisions of this Order should be interpreted to effectuate this intent. Failure to comply with any of the provisions of this Order constitutes an imminent threat, menace to public health and constitutes a public nuisance. Egregious or persistent violators are subject to penalties in accordance with state and local laws. 2.2. All individuals currently residing within the City are directed to shelter at their place of residence. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably possible maintain Social Distancing Requirements 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, all as defined below. Individuals experiencing homelessness are strongly urged to obtain 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). All businesses with a facility in the City, except Essential Businesses (as defined below), should cease all activities at facilities located within the City except Minimum Basic Operations, as defined below. For clarity, businesses may also continue operations consisting exclusively of employees or contractors performing activities at their own residences (e.g., teleworking). All Essential Businesses are strongly encouraged to remain open. 2.3. Essential Businesses are directed to maximize the number of employees who telework. 2.4. Businesses that include an Essential Business component at their facilities alongside non-essential components must, to the extent feasible, scale down their operations to the Essential Business component only; provided, however, that mixed retail and wholesale businesses that are otherwise under this order may continue to stock and sell non-essential products. 2.5. All Essential Businesses, including, but not limited to retailers, manufacturers and all other Essential Businesses (excluding hospitals) shall prepare and post at each of their facilities at which they are maintaining operations, by no later than 11:59 pm on Wednesday, April 15, 2020, a Social Distancing Protocol at all entrances to facilities in the City of Fresno that are frequented by the public and employees. The Social Distancing Protocol must be substantially in the form attached to this Order as Appendix A and must be, at a minimum, 11 inches by 17 inches. All Essential Businesses shall implement the Social Distancing Protocol and, upon demand, provide evidence of it implementation to any Emergency Order 2020-13 Shelter in Place – Extended and Expanded April 10, 2020 Page 3 of 8 authority enforcing this Order. The Social Distancing protocol must explain how the business is achieving the following, as applicable: 2.5.1. Limiting the number of people who can enter the facility at any time to ensure people in the facility can easily maintain a minimum sixfoot distance of one another at all times, except as required to complete the Essential Business activity; 2.5.2. Marking a minimum of six-foot increments when establishing areas where individuals line up both inside and outside the business; 2.5.3. Providing hand sanitizer, soap and water, or effective disinfectant at or near the entrance of the facility and in appropriate areas for use by the public and employees where there is high-frequency interactions between employees and the public; 2.5.4. Providing contactless payment systems, or, if not feasible, disinfecting all payment keypads, pens, and input devices after each use; 2.5.5. Disinfecting high-touch surfaces frequently; 2.5.6. Screening employees and visitors, but not customers, using the County of Fresno Department of Public Health’s Non-Medical Screening Form; and 2.5.7. Requiring employees to wear protective facial coverings. 2.6. All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited, except for the limited purposes as expressly permitted herein. Nothing in this Order prohibits members of a household or living unit from engaging in Essential Activities together. 2.7. Definitions and Exemptions. 2.7.1. For purposes of this Order, individuals may leave their residence only to perform any of the following “Essential Activities.” But, people at high risk of severe illness from COVID-19 as defined by the CDC and people who are sick are urged to stay in their residence to the extent possible, except as necessary to seek medical care. 2.7.2. 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 their residence. 2.7.3. 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 Emergency Order 2020-13 Shelter in Place – Extended and Expanded April 10, 2020 Page 4 of 8 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. 2.7.4. 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, bicycling, hiking, or running in compliance with Social Distancing Requirements and with the following limitations: 2.7.4.1. Vehicular parking at City of Fresno parks is prohibited. 2.7.4.2. All City of Fresno parks will be closed on Saturday and Sunday, April 11 and 12. 2.7.4.3. Use of recreational areas with high-touch equipment or that encourage gathering, including, but not limited to playgrounds, outdoor gym equipment, picnic areas (including tables and benches), dog parks, and barbecue areas is prohibited outside of residences and all such areas shall be closed to public access by signage and, as appropriate, physical barriers. 2.7.4.4. Use of shared facilities for recreational activities outside of residences, including, but not limited to golf courses, tennis and pickle ball courts, pétanque/bocce courts, rock parks, climbing walls, pools, spas, shooting and archery ranges, gyms, disc golf, and basketball courts is prohibited and all such areas shall be closed to public access by signage and, as appropriate, physical barriers. 2.7.4.5. Any City park facility may be closed for any length of time if it is determined that use of the City park facility cannot be accomplished safely with appropriate social distancing. 2.7.5. To attend a funeral with no more than ten individuals present. 2.7.6. To perform work providing essential products and services at an Essential Business or to otherwise carry out activities specifically permitted in this Order, including Minimum Basic Operations. 2.7.7. To care for a family member or pet in another household. 2.7.8. For purposes of this Order, individuals may leave their residence to work for or obtain services at any “Healthcare Operation,” including hospitals, clinics, dentists, pharmacies, blood banks and blood drives, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers, or any related and/or ancillary healthcare services. “Healthcare Operation” also includes Emergency Order 2020-13 Shelter in Place – Extended and Expanded April 10, 2020 Page 5 of 8 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 defined. “Healthcare Operation” does not include fitness and exercise gyms and similar facilities. 2.8. 2.7.9. 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.” This includes, but is 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 refining, roads and highways, public transportation, solid waste collection and removal, cemeteries, mortuaries, crematoriums, 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 defined in this Section. 2.7.10. For purposes of this Order, all first responders, emergency management personnel, emergency dispatchers, court personnel, and law enforcement personnel, and others working for or to support Essential Businesses are categorically exempt from this Order to the extent they are performing those essential services. Further, nothing in this Order shall prohibit any individual from performing or accessing “Essential Governmental Functions.” Essential Government 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. All Essential Governmental Functions shall be performed in compliance with Social Distancing Requirements as defined in this Section to the maximum extent possible. 2.7.11. For the purposes of this Order, a “business” includes any for-profit, non-profit, or educational entity, regardless of the nature of the service, the function they perform, or its corporate or entity structure. For the purposes of this Order, “Essential Businesses” means: 2.8.1. Healthcare Operations and Essential Infrastructure; 2.8.2. Grocery stores, certified farmers’ markets, farm and produce stands, supermarkets, food banks, convenience stores, and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other 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 Emergency Order 2020-13 Shelter in Place – Extended and Expanded April 10, 2020 Page 6 of 8 necessary to maintaining the safety, sanitation, and essential operation of residences; 2.8.3. Food cultivation, including farming, livestock, and fishing; 2.8.4. Businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals; 2.8.5. Newspapers, television, radio, and other media services; 2.8.6. Gas stations and auto-supply, auto-repair, and related facilities; 2.8.7. Banks and related financial institutions; 2.8.8. Hardware stores; 2.8.9. Plumbers, electricians, exterminators, 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; 2.8.10. Businesses providing mailing and shipping services, including post office boxes; 2.8.11. Educational institutions—including public and private K-12 schools, colleges, and universities—for purposes of facilitating distance learning or performing essential functions, provided that Social Distancing Requirements are maintained; 2.8.12. Laundromats, dry cleaners, and laundry service providers; 2.8.13. 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. Restaurants, schools and all 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, with the exception of hospital cafeterias, which may allow for food to be eaten on site; 2.8.14. Businesses that supply products needed for people to work from their residence; 2.8.15. Businesses that supply other essential businesses with the support or supplies necessary to operate, including, but not limited to, waste disposal, recycling and electronics recycling; 2.8.16. Businesses that ship or deliver groceries, food, goods or services directly to residences; Emergency Order 2020-13 Shelter in Place – Extended and Expanded April 10, 2020 Page 7 of 8 2.8.17. Airlines, taxis, and other private transportation providers providing transportation services necessary for Essential Activities and other purposes expressly authorized in this Order; 2.8.18. Home-based care for seniors, adults, or children; 2.8.19. Residential facilities and shelters for seniors, adults, and children; 2.8.20. Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities; 2.8.21. Childcare facilities providing services that enable employees exempted in this Order to work as permitted. To the extent possible, childcare facilities must operate under the following mandatory conditions: 2.8.21.1. Childcare must be carried out in stable groups of 10 or fewer (“stable” means that the same 10 or fewer children are in the same group each day). 2.8.21.2. Children shall not change from one group to another. 2.8.21.3. If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other. 2.8.21.4. Childcare providers shall remain solely with one group of children. 2.9. 2.8.22. A more detailed list of essential and non-essential businesses is posted on the City of Fresno’s website (www.fresno.gov). 2.8.23. For repeated or egregious violations of the required closure, limitations, or social distancing requirements at a business location or facility, a police officer, with the approval of the Police Chief, or designee, or a code enforcement officer, with the approval of the City Attorney, or designee, may summarily order a business to terminate operations and close until further notice, or for the duration of the emergency. For the purposes of this Order, “Minimum Basic Operations” include the following, provided that employees comply with Social Distancing Requirements as defined this Section, to the extent possible, while carrying out such operations: 2.9.1. The minimum necessary activities to maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, or for related functions. 2.9.2. The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences. 2.10. For purposes of this order, residences include hotels, motels, shared rental units, and similar facilities. Residences also include living structures and outdoor Emergency Order 2020-13 Shelter in Place – Extended and Expanded April 10, 2020 Page 8 of 8 spaces associated with those living structures such as patios, porches, backyards, and front yards that are only accessible to a single family or household unit. 2.11. For purposes of this order Social Distancing Requirements include, but is not limited to 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 having direct physical contact with anyone who is not a member of their household or living unit. 3. The following City owned or controlled facilities shall remain closed to the public, except for emergency operations authorized by the Director of Emergency Services: Selland Arena, Saroyan Theater, Exhibit Halls, Convention Center, Fresno Chaffee Zoo, Rotary Playland, Storyland, Veterans Memorial Auditorium, the Meux Home, Shinzen Garden, all community centers, and sports facilities, including Granite Park, Southwest Regional, and others. 4. The Order shall be subject to amendment or repeal at any time, and shall not be deemed to confer any contractual obligations, property rights, or assume any City liability. 5. If any provision of this Order or its application to any person or circumstance is held to be invalid, then 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. 6. This Order shall be immediately translated into Spanish, Hmong, and Punjabi, and accommodations made for all disabled persons to read its contents; it shall also be distributed to all local media and made prominently available on the City’s website. IT IS SO ORDERED. Director of Emergency Services Wilma Quan City Manager April 10, 2020 Date 11:00am Time Appendix A: Social Distancing Protocol, Page 1 Business name: ______________________________________________________________________ Facility Address: _____________________________________________________________________ Approximate gross square footage of space open to the public: _______________________________ Businesses must implement all applicable measures listed below, and be prepared to explain why any measure that is not implemented is inapplicable to the business. MANDATORY SIGNAGE (in addition to posting both pages of this protocol): ☐ Signage at each public entrance of the facility to inform all employees and customers that they should: avoid entering the facility if they have a cough or fever; maintain a minimum six-foot distance from one another; sneeze and cough into a cloth or tissue or, if not available, into one’s elbow; and not shake hands or engage in any other unnecessary physical contact. ☐ Signage posting a copy of the Social Distancing Protocol at each public entrance to the facility. MEASURES TO PROTECT EMPLOYEE HEALTH (check all that apply to the facility): ☐ Everyone who can carry out their work duties from home has been directed to do so. ☐ All employees have been told not to come to work if sick. ☐ Employees and visitors (but not customers) are screened using the Fresno County Department of Health Non-Medical Employer Screening Form before they may enter the workspace. ☐ All desks or individual workstations are separated by at least six feet. ☐ Break rooms, bathrooms, and other common areas are being disinfected frequently, on the following schedule: ☐ Break rooms: ______________________________ ☐ Bathrooms: _______________________________ ☐ Other: ___________________________________ ☐ Disinfectant and related supplies are available to all employees at the following location(s): _________________________________________________________________________ ☐ Hand sanitizer effective against COVID-19 is available to all employees at the following location(s): ________________________________________________________________ ☐ Soap and water are available to all employees at the following location(s): __________________________________________________________________________ ☐ Employees are wearing protective facial coverings while working. ☐ Copies of this Protocol have been distributed to all employees. ☐ Optional—Describe other measures: ____________________________________________ MEASURES TO PROTECT CROWDS FROM GATHERING (check all that apply to the facility): ☐ Limit the number of customers in the store at any one time to _______, which allows customers and employees to easily maintain at least six-foot distance from one another at all practicable times, subject to further direction from the City. Approximately 50% of typical occupancy is a good starting point. ☐ Post an employee at the door to ensure that the maximum number of customers in the facility set forth above is not exceeded. ☐ Placing per-person limits on goods that are selling out quickly to reduce crowds and lines. Explain: ________________________________________________________________________________ ☐ Optional—Describe other measures: __________________________________________________ Appendix A: Social Distancing Protocol, Page 2 MEASURES TO KEEP PEOPLE AT LEAST SIX FEET APART (check all that apply to the facility): ☐ Placing signs outside the store reminding people to be at least six feet apart, including when in line. ☐ Placing tape or other markings at least six feet apart in customer line areas inside the store and on sidewalks at public entrances with signs directing customers to use the markings to maintain distance. ☐ Separate order areas from delivery areas to prevent customers from gathering. ☐ All employees have been instructed to maintain at least six feet distance from customers and from each other, except employees may momentarily come closer when necessary to accept payment, deliver goods or services, or as otherwise necessary. ☐ Optional—Describe other measures: _________________________________________________ MEASURES TO PREVENT UNNECESSARY CONTACT (check all that apply to the facility): ☐ Preventing people from self-serving any items that are food-related. ☐ Lids for cups and food-bar type items are provided by staff; not to customers to grab. ☐ Bulk-item food bins are not available for customer self-service use. ☐ Not permitting customers to bring their own bags, mugs, or other reusable items from home. ☐ Providing for contactless payment systems or, if not feasible, sanitizing payment systems regularly. Describe: ________________________________________________________________________ ☐ Optional—Describe other measures (e.g. providing senior-only hours): ______________________ ________________________________________________________________________________ MEASURES TO INCREASE SANITATION (check all that apply to the facility): ☐ Disinfecting wipes that are effective against COVID-19 are available near shopping carts and shopping baskets. ☐ Employee(s) assigned to disinfect carts and baskets regularly. ☐ Hand sanitizer, soap and water, or effective disinfectant is available to the public at or near the entrance of the facility, at checkout counters, and anywhere else inside the store or immediately outside where people have direct interactions. ☐ Disinfecting all payment portals, pens, and styluses after each use. ☐ Disinfecting all high-contact surfaces frequently. ☐ Optional—Describe other measures: __________________________________________________ ________________________________________________________________________________ * Any additional measures not included here should be listed on separate pages, which the business should attach to this document. You may contact the following person with any questions or comments about this protocol: Name: _________________________________ Phone number: ___________________________