Executive Order 2020-1: Declaration Of A State Of Emergency

EXECUTIVE ORDER NO. 2020-01

BY: RAY DELONG, MAYOR

DECLARATION OF A STATE OF EMERGENCY

VILLAGE OF ANTWERP, OHIO

 

WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death, is caused by the SARS-CoV-2 virus, which is a new strain of coronavirus that had not been previously identified in humans and can easily spread from person to person; and,

 

WHEREAS, the virus is spread between individuals who are in close contact with each (within about six feet) through respiratory droplets produced when an infected person coughs or sneezes; and,

 

WHEREAS, it may be possible that individuals can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose, or eyes; and,

 

WHEREAS, the Centers for Disease Control and the Ohio Department of Health have advised those that have possible or confirmed COVID-19 to stay home from work, school, and away from other public places; and,

 

WHEREAS, on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared the outbreak of COVID-19 a public health emergency of international concern; and,

 

WHEREAS, on January 31, 2020, Alex M. Azar II, Secretary of Health and Human Services, determined and declared a public health emergency exists in the United States in relation to COVID-19; and,

 

WHEREAS, on February 1, 2020, the Ohio Department of Health issued a statewide Health Alert Network to provide local health departments with updated guidance for COVID-19; and,

 

WHEREAS, on March 9, 2020, the Ohio Department of Health announced confirmed cases of COVID-19 in the State of Ohio, which number continues to grow and has caused numerous deaths across the State of Ohio; and,

 

WHEREAS, also on March 9, 2020, Governor Mike DeWine signed an Executive Order declaring a state of emergency for the entire State of Ohio in relation to COVID-19 pursuant to the Governor’s authority vested in him by the Constitution, the laws of the State of Ohio and in accordance with Revised Code Section 5502.22 to protect the well-being of the citizens of Ohio from the dangerous effects of COVID-19, and to assist in protecting the lives, safety and health of the citizens of Ohio; and,

 

WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 to be a global pandemic; and,

 

WHEREAS, on March 12, 2020, Governor DeWine announced the closing of all kindergarten through 12th grade schools through April 3, 2020, and the Ohio Department of Health Director Dr. Amy Acton issued an Order prohibiting mass gatherings of 100 or more people in the State of Ohio due to the potential for COVID-19 exposure; and,

 

WHEREAS, on March 13, 2020, President Donald J. Trump declared a National Emergency, invoking the Stafford Act and allowing the Federal Emergency Management Agency to coordinate disaster response and aid state and local governments in addressing the COVID-19 exposure pandemic; and,

 

WHEREAS, on March 17, 2020, Dr. Acton issued an Order prohibiting mass gatherings of 50 or more people in the State of Ohio due to the potential for COVID-19 exposure; and,

 

WHEREAS, on March 22, 2020, Dr. Acton issued a Stay at Home Order and prohibited mass gatherings of 10 or more people in the State of Ohio due to the potential for COVID-19 exposure to take effect at 11:59 p.m. EST on March 23, 2020; and,

 

WHEREAS, on March 25, 2020, the Ohio legislature passed House Bill 197, which enacted numerous provisions to deal with the COVID-19 pandemic; and,

 

WHEREAS, on March 27, 2020, Governor DeWine signed House Bill 197, which, among other things, extends the income tax deadline to July 15, 2020, and allows local governments to hold public meetings remotely, including conducting such meetings via teleconference, videoconference, or other electronic means; and,

 

WHEREAS, on March 30, 2020, Governor DeWine extended the school closure for grades K-12 through May 1, 2020; and,

 

WHEREAS, on April 2, 2020, Dr. Acton signed and updated the stay at home order and extended it to 11:59 p.m. EST on May 1, 2020; and,

 

WHEREAS, on April 8, 2020, the income tax collection agency for the Village of Antwerp, Ohio, provided projections for the income tax delays and losses that may be experienced by the Village as a result of the COVID-19 pandemic; and,

 

WHEREAS, on April 10, 2020, the Ohio Bureau of Workers’ Compensation approved to send up to $1.6 billion to Ohio employers to ease the economic impact of the COVID-19 pandemic on Ohio’s economy and businesses, which includes approximately $200 million to go to local government taxing districts; and,

 

WHEREAS, on April 16, 2020, Governor DeWine announced that beginning May 1, 2020, the State of Ohio will begin a phased-in process for re-opening the economy in the State of Ohio; and,

 

WHEREAS, on April 20, 2020, Governor DeWine closed K-12 schools in Ohio for the rest of the 2019-2020 academic year; and,

 

WHEREAS, the Paulding County Board of Health confirmed the existence of the first COVID-19 case within Paulding County, Ohio on April 5, 2020, and as of April 24, 2020, there are eight (8) confirmed COVID-19 cases within Paulding County, Ohio; and,

 

WHEREAS, as of April 24, 2020, Ohio reports 15,169 confirmed and probable cases of COVID-19 in the State of Ohio with 3,053 hospitalizations, including 920 ICU admissions, and 690 confirmed and probable COVID-19 deaths; and,

 

WHEREAS, on April 30, 2020, Dr. Acton signed and updated the stay at home order and extended it to 11:59 p.m. EST on May 29, 2020, with certain exceptions; and

 

WHEREAS, in the Village of Antwerp, this threat has already impacted the daily lives of the citizens of the Village and the need for citizens to stay home from work and other public places should they be exposed to the virus, which substantially impairs the functioning of the Village government and its ability to protect the lives and property of the citizens of the Village of Antwerp, Ohio; and,

 

WHEREAS, pursuant to Revised Code Sections 733.24 and 733.30, the Mayor is the chief conservator of the peace within the Village and “shall perform all the duties prescribed by the bylaws and ordinances of the municipal corporation” and “shall see that all ordinances, bylaws, and resolutions of the legislative authority are faithfully obeyed and enforced”; and,

 

WHEREAS, pursuant to the authority granted in Revised Code Sections 715.44 and 715.49, a municipality has the authority to abate nuisance, prevent injury, preserve the peace, and protect property; and,

 

WHEREAS, pursuant to Revised Code Section 715.37, a municipality has the authority to “provide for the public health” and “secure the inhabitants of the municipal corporation from the evils of contagious, malignant, and infectious diseases”; and,

 

WHEREAS, on May 4, 2020, Council for the Village of Antwerp, Ohio passed Ordinance No. 2020-08 granting the Mayor authority to declare a State of Emergency within the Village of Antwerp; and

 

WHEREAS: the Mayor has determined that COVID-19 endangers the lives of the citizens of the Village of Antwerp, creates an emergency to public safety and disrupts commerce and constitutes an emergency situation within the Village; and,

 

WHEREAS, pursuant to the authority to exercise all powers of self-government proscribed in Article XVIII, Section 3, of the Constitution of the State of Ohio:

 

NOW, THEREFORE, I, RAY DELONG, MAYOR OF THE VILLAGE OF ANTWERP, OHIO, by virtue of the authority vested in me by the Ohio Constitution, the Ohio Revised Code, and the Ordinances of the Village of Antwerp, do hereby order and direct that:

 

  1. A State of Emergency is declared for the entire Village of Antwerp, Ohio and I invoke those applicable portions of the Ordinances of the Village of Antwerp and the Ohio Revised Code that are applicable to the COVID-19 emergency to be in full force and effect in the Village of Antwerp as is necessary to exercise all emergency authority necessary for the protection of lives and property of the citizens of the Village of Antwerp and for the continuation of local government with a minimum amount of disruption.

 

  1. All public offices and employees of the Village of Antwerp are hereby directed to exercise the utmost care and diligence in the discharge of the duties required of them during the duration of this emergency and in the execution and enforcement of emergency laws, regulations and directives.

 

  1. All Village of Antwerp law enforcement officers, employees and any other emergency management personnel subject to control by the Village shall cooperate in the enforcement and implementation of the provisions of this Declaration, all applicable local ordinances, state and federal laws, and all federal, state and local public health directives.

 

  1. This Declaration shall be broadly interpreted to allow for any and all application, qualification, consideration, and reimbursement available to the Village of Antwerp, its employees, citizens and businesses for any and all grants, funding, loans, discounts or any other assistance or benefits related to the COVID-19 pandemic from any federal, state, or local government or from any private company, organization or entity offering such benefits.

 

  1. All residents are directed and encouraged to take any and all reasonable and safe steps to protect themselves and to abide by all Federal, State, and Local orders relating to the containment of the COVID-19 contagion, and they are called upon and directed to comply with necessary emergency measures, to cooperate with public officials and employees executing emergency operational plans and to comply with the lawful direction of properly identified officers.

 

  1. This Executive Order shall take effect immediately and remain in effect until the emergency no longer exists, such time to be determined by the Governor of the State of Ohio as determined by the Ohio Director of Health and the Executive Director of the Emergency Management Agency of the State of Ohio.

 

______________________

       Date                                                        Ray Delong

                                                                         Mayor, Village of Antwerp, Ohio

Attest:

 

_________________________

Aimee Lichty, Fiscal Officer