DATE ORDER ISSUED: March 17, 2020
Please read this Order carefully. Violation of or failure to comply with this Order constitutes a misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety Code
§§ 120295 et seq.)
The virus that causes Coronavirus 2019 Disease (“COVID-19”) spreads easily from person to person and may result in serious illness or death, and it is essential that the spread of the virus be slowed to safeguard the public and protect healthcare resources considering the influx of new patients. The Napa County Health Officer (“Health Officer”) has determined that steps to limit gathering measures are now necessary in Napa County (“County”) in light of the increasing scope and severity of the threat that COVID-19 poses. Although not yet in Napa County, confirmed cases of infection and increasing instances of community spread in the San Francisco Bay Area require the limitations in this Order. Accordingly,
UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, THE HEALTH OFFICER HEREBY ORDERS:
1. Effective as of 12:01 a.m. on March 18, 2020, and continuing until 11:59 p.m. on April 7, 2020, public or private gatherings, as defined in Section 7 below, of 50 or more persons are hereby prohibited in the County except as necessary to perform essential government functions.
2. Public or private gatherings, as defined in Section 7 below, of fewer than 50 persons are permitted in the County only if hosts or sponsors implement all of the COVID-19 risk mitigation measures set forth in Section 8 below. However, the Health Officer strongly urges hosts and sponsors to cancel all such gatherings, as any interaction could amplify the spread of COVID-19.
3. The Health Officer strongly cautions that persons aged 65 years and older, and persons of any age with certain underlying health conditions, such as those set forth in Appendix A, should avoid all gatherings of any size and at any location, because these persons are at increased risk of severe illness should they contract COVID-19.
4. This Order comes after the March 14, 2020 recommendation of the Centers for Disease Control and Prevention (“CDC”) to cancel all events of more than 50 people, including in communities with minimal incidents of disease transmission. The California Department of Public Health (“CDPH”) has also issued guidance to limit gatherings on the basis that the timely implementation of aggressive strategies that reduce close contact between people not regularly together, including limiting gatherings, has proven effective in prior pandemics at delaying rates of transmission and reducing illness and death. Other health experts across the country and
1 Order of the Napa County Health Officer Prohibiting Certain Gatherings 3/17/2020
around the world have made the same recommendations, and jurisdictions in many countries have severely limited large gatherings in response.
5. This Order is issued to prevent circumstances often present in gatherings that may exacerbate the spread of COVID-19, such as: (a) the increased likelihood that gatherings will attract people from a broad geographic area; (b) the prolonged time period in which large numbers of people are in close proximity; (c) the difficulty in tracing exposure when large numbers of people attend a single event; and (d) the inability to ensure that attendees follow adequate hygienic and social distancing practices.
6. This Order is issued in accordance with, and incorporates by reference, the March 4, 2020 Proclamation of a State of Emergency issued by Governor Gavin Newsom; the March 12, 2020 Proclamation by the Health Officer of Local Health Emergency, ratified by the Napa County Board of Supervisors on March 17, 2020; and the March 13, 2020 Proclamation by the Chief Executive Officer/Director of Emergency Services of a Local Emergency, also ratified by the Board of Supervisors on March 17, 2020.
7. For purposes of this Order, “gathering” has the following meaning:
- Any event or convening that brings together or is likely to bring together 10 or more persons at the same time in a single room or other single confined or enclosed indoor or outdoor space, such as, by way of example and without limitation, a restaurant, bar, auditorium, theater, stadium, arena or event center, meeting hall, conference room, cafeteria, yacht, ship or boat docked at any port, or any other confined indoor or confined outdoor space.
- A “confined or enclosed” outdoor space means an outdoor space that (i) is enclosed by a fence, physical barrier, or other structure, and (ii) where people are present and likely to be within arm’s length of one another for more than 10 minutes at a time.
- A gathering does not include a group of residents within their own residence or normal operations at the following locations where large numbers of people may be present:
(i) airports or spaces where persons are in transit;
(ii) commercial office space or hotels;
(iii) places of worship for purposes of conducting religious services or ceremonies;
(iv) grocery stores, shopping malls, and other retail establishments; and
(v) hospitals and medical facilities.
For the congregate settings covered in this subsection (c), the Health Officer strongly urges compliance with COVID-19 risk mitigation measures, as set forth in Section 8 below, which include social distancing and hygiene practices.
8. For the purposes of this Order, “COVID-19 risk mitigation measures” include all of the following:
- The space in which a permissible gathering is held must accommodate social distancing by allowing all attendees to stand or sit at least six feet from any other attendee;
- Proper hand hygiene and sanitation material must be readily available to all persons at all times, including soap and water, tissues, and waste receptacles (if soap and water are not available, alcohol-based hand sanitizer may be used);Persons hosting permissible gatherings must alert prospective attendees at least 24 hours prior to the gathering that gatherings pose a heightened risk of COVID-19 transmission, and that older adults and individuals with certain existing health conditions, as identified by the CDC and attached hereto as Appendix A, are at particularly serious risk if they contract COVID-19 and should not attend;
Persons hosting permissible gatherings must clean surfaces with disinfecting wipes or other standard cleaners before, during, and after the event.
9. Copies of this Order shall promptly be: (1) made available at the County Administration Building, 1195 Third Street, Napa, CA 94559; (2) posted on the County Public Health Department website (https://www.countyofnapa.org/PublicHealth/); and (3) provided to any member of the public requesting a copy of this Order. In addition, the owner, manager, or operator of any facility that is likely impacted by this Order is strongly encouraged to post a copy of this Order on-site in a place accessible to the public during regular business hours, as well as on its website.
10. If any subsection, sentence, clause, phrase, or word of this Order or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Order.
11. The Health Officer will continue to assess the quickly evolving situation and may at any time modify or extend this Order, or issue additional orders related to COVID-19.
PURSUANT TO GOVERNMENT CODE SECTIONS 26602 AND 41601 AND HEALTH AND SAFETY CODE SECTION 101029, THE HEALTH OFFICER REQUESTS THAT THE NAPA COUNTY SHERIFF AND ALL CHIEFS OF POLICE IN THE COUNTY ENSURE COMPLIANCE WITH AND ENFORCE THIS ORDER.
IT IS SO ORDERED:
____________________________
Karen Relucio, MD
Health Officer of Napa County
Date: March 17, 2020
APPENDIX A
Underlying medical conditions identified by the Centers for Disease Control and Prevention that may increase the risk of serious COVID-19 for individuals of any age:
•Blood disorders, such as sickle cell disease or on blood thinners.
•Chronic kidney disease as defined by your doctor, such as being told to avoid or reduce the dose of medications because of kidney disease, or being under treatment for kidney disease, including receiving dialysis.
•Chronic liver disease as defined by your doctor, such as cirrhosis or chronic hepatitis, or being told to avoid or reduce the dose of medications because of liver disease or being under treatment for liver disease.
•Compromised immune system (immunosuppression), such as receiving chemotherapy or radiation to treat cancer, receiving an organ or bone marrow transplant, taking high doses of corticosteroids or other immunosuppressant medications, or having HIV or AIDS.
•Pregnancy or recent pregnancy in the last two weeks.
•Endocrine disorders, such as diabetes mellitus.
•Metabolic disorders, such as inherited metabolic disorders and mitochondrial disorders.
•Heart disease, such as congenital heart disease, congestive heart failure and coronary artery disease.
•Lung disease, such as asthma, chronic obstructive pulmonary disease, chronic bronchitis, emphysema or other chronic conditions associated with impaired lung function or that require home oxygen.
•Neurological and neurodevelopment conditions, including disorders of the brain, spinal cord, peripheral nerve, and muscle, such as cerebral palsy, epilepsy (seizure disorders), stroke, intellectual disability, moderate to severe developmental delay, muscular dystrophy, or spinal cord injury.