HomeMy WebLinkAbout2020-05-06 COVID-19 Emergency Rule No. 4 SF-(.Lr , Roy Takemoto
�! mites/ Managing Director
Harry Kim .1.! s •
Mayor
Barbara J.Kouow
\�ar N' !' Deputy Managing Director
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( ffi 'e oftip Jil' ger
25 Aupunl Street,Suite 2803 • Hilo,Hawal'I 98720 • (808)981-8211 • Fax(808)981.8553
KONA. 74-5044 Ane Keohokalole Hwy.,Bldg C • Kallua-Kona,Hawaii 98740
(808)323-4444 • Fax(808)323-4440
Mayor's COVID-19 Emergency Rule No.4
.Pursuant to the authority vested in me by Hawai'i Revised Statutes Chapter 127A and
due to the public health concerns related to COVID-19, I hereby find that immediate
promulgation of this rule is necessary and do so in order to protect the health, safety and
welfare of the people of this County. This rule consolidates and amends Mayor's Covid-19
Emergency Rules Nos. 1, 2, and 3. This rule also incorporates the Governor's Sixth
c Supplementary Proclamation Amending and Restating Prior Proclamations and Executive
Orders Related to the Covid-19 Emergency issued on April 25, 2020.
"COVID-19"disease is easily transmitted, especially in group settings, and it is essential
that the spread of the virus be slowed to protect'the ability of public and private health care
providers to handle an influx of new patients and to safeguard public health and safety.
Because of the dangerous conditions caused by the risk of rapid spread of the disease and the
need to protect the residents of this County,this rule requires all individuals anywhere in this
County to stay at home or in their place of residence except for conducting permitted essential
activities, performing permitted activities outside the home or place of residence, operation of
an essential business or governmental operation, or other designated businesses and
operations. Know the importance of staying mentally, physically, and socially healthy within
these rules.
I. DEFINITIONS
A. Permitted Essential Activities include:
1. Engaging in solitary outdoor exercise activity including walking, hiking or running;
2. Obtaining necessary services or supplies for an individual or that individual's
family or household members, such as getting food, pet food, and supplies
necessary for staying at home;
3. Performing work related to operation of an essential business or essential
government function(defined below);
4. Caring for a family member in another household;
5. Caring for elderly, minors, dependents, persons with a disability, or other
vulnerable at-risk persons; and
6. Tasks related to maintain health and safety, such as obtaining medicine or
seeing a doctor.
B. Permitted Activities Outside the Home or Place of Residence include:
1. Travel for health and safety;
2. Travel to engage in, receive or obtain goods or services from the essential
businesses or operations;
3. Travel to engage in minimum basic operations of non-essential businesses,
including the minimum necessary activities to maintain the value of the
business's inventory, ensure security, process payroll and employee benefits,
and related functions as well as the minimum necessary activities to facilitate
employees of the business being able to continue to work remotely from their
residences;
4. Travel to care for the elderly, minors, dependents, persons with disabilities, or
other high risk persons;
5. Travel required by law enforcement or court order, including to transport children
pursuant to a custody agreement;
6. Outdoor exercise activities, including ocean activities such as surfing and
swimming, so long as social distancing requirements are maintained; and
7. Walking pets on a leash.
C. Essential Businesses or Operations include:
Essential businesses or operations that are identified in the Sixth Supplementary
Proclamation on Covid-19 issued on April 25, 2020 and identified in Attachment"A"—Essential
Businesses or Operations.
D. Other Designated Businesses or Operations include:
Designated businesses or operations that are identified in Attachment"B".
E. Social Distancing:
Maintaining at least a six-foot(6') physical separation from other individuals; covering
coughs and sneezes; regularly sanitizing high-touch surfaces; not shaking hands, hugging,
kissing, fist and elbow-bumping; and wearing a face covering or masks when outside the home
or place of residence in compliance with the Centers for Disease Control and Prevention
guidance, unless more stringent requirements are imposed by any government entity,
employer, or professional organization.
II. RULES
1. All individuals anywhere in this County must stay at home or in their place of
residence except for conducting permitted essential activities, performing permitted activities
outside the home or place of residence, actively engaging in the operation of an essential
business or operation, or actively engaging in the operation of other designated businesses
and operations.
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2. 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 expressly permitted in
these Rules.
3. The following Essential Businesses and Operations must implement additional social
distancing procedures:
a.. Essential Businesses/Operations type:
1. Stores that sell groceries and medicine: Grocery stores, pharmacies, licensed
medical cannabis dispensaries,farmers' markets,farm and produce stands,
supermarkets, convenience stores, and other establishments engaged in the
sale of groceries, canned food, dry goods,frozen foods,fresh fruits and
vegetables, pet supplies,fresh meats,fish, and poultry, alcoholic and non-
alcoholic beverages, and any other household consumer products (such as
cleaning and personal care products). This includes establishments that sell
groceries, medicine, including medication not requiring a medical prescription,
supplies for children under the age of five and also that sell other non-grocery
products, and products necessary to maintain the safety, sanitation, health
and essential operation of residences and essential businesses or operations;
2. Gas stations and businesses needed for transportation. Gas stations and
auto-supply, auto-repair, and related facilities and bicycle shops and related
facilities;
3. Financial Institutions. Financial institutions, currency exchanges, consumer
lenders, including but not limited to payday lenders, pawnbrokers, consumer
installment lenders and sales finance lenders, credit unions, appraisers, title
companies, financial markets,trading and futures exchanges, affiliates of
financial institutions, entities that issue bonds, related financial institutions,
institutions selling financial products, and money service businesses such as
money transmitters;
4. Hardware and supply stores. Hardware stores and businesses that sell
electrical, plumbing, and heating material;
5. Laundry services. Laundromats, dry cleaners, industrial laundry services,
laundry rooms in hotels, condominiums, townhomes, apartments, and other
multi-unit dwelling structures, and laundry service providers; and
6. Supplies for essential businesses or operations. Businesses that sell,
manufacture, or supply other essential businesses or operations with the
support or materials necessary to operate, including computers, audio and
video electronics, household appliances; IT and telecommunication
equipment; hardware, paint,flat glass; electrical, plumbing and heating
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material; sanitary equipment; personal hygiene products;food,food additives,
ingredients and components; medical and orthopedic equipment; optics and
photography equipment; diagnostics,food and beverages, chemicals, soaps
and detergent; and firearm and ammunition suppliers and retailers for
purposes of safety and security.
b. Additional social distancing procedures applicable to Section II.3.a:
1. Use of face coverings and face masks: All persons, who are five(5)years old
and older and all employees,who have any contact with other employees,
customers, or goods to be purchased, shall wear face coverings or masks.
Exempted from wearing face coverings or masks are persons who have
health or medical conditions,trouble breathing, or are otherwise unable to
remove the cover without assistance. Unless there is an exemption, a
business shall not allow entry to anyone that refuses to follow this
requirement.
2. Sanitization: All customers shall sanitize hands at entry. Hand sanitizing
stations shall be available at each entrance. Businesses and operations shall
assign, train, and schedule employees to sanitize carts, conveyors, counters,
handles, knobs, and other high touch surfaces.
3. Hoarding: Businesses and operations shall implement and maintain controls
to discourage hoarding of essential supplies.
4. Social distancing: Businesses and operations shall establish and enforce
internal control measures to ensure social distancing requirements are being
maintained throughout the establishment at all times.
It is strongly recommended that a maximum of one (1) customer per two
hundred fifty(250) square feet of retail floor area be allowed into a facility or
operation to maintain the six-foot(6') distancing requirement and increase
social distancing.
5. Signage: Businesses and operations shall post and maintain clear signage
communicating special hours for high-risk population.
4. Businesses and entities that handle food production and provide food prepared for
consumption must implement the following additional requirements to the maximum extent
possible.
a. Employees shall wear food-grade gloves while handling food. Should employees
handle any payment transaction (cash or credit card)or the property of the ,
customer, they must sanitize gloves or change gloves before servicing the next
customer.
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b. Every employee shall do a self-check prior to start of shift to monitor for any
COVID-19 symptoms. If at any point during their work shift the employee notices
such symptoms they shall immediately notify their supervisor and leave the
premises.
Employee shall seek medical attention if symptoms progress, and shall not return
to work until symptom-free for a minimum of seventy-two (72) hours; except that
if employee tests positive for COVID-19, employee may discontinue home
isolation under the following three (3)conditions:
1. At least seventy-two (72) hours have passed since recovery defined as
resolution of fever without the use of fever reducing medications;
2. Improvements in respiratory symptoms (eg. cough, shortness of breath,
etc.); and
3. At least seven(7)days have passed since symptoms first appeared.
5. Patrons or riders of any Mass Transit Agency vehicle or service, who are five (5)
years old and over, shall wear face masks or face coverings. Exempted from wearing face
masks or face coverings are patrons or riders who have medical conditions that prevent them
from doing so for health reasons, trouble breathing, or are otherwise unable to-remove the face
cover without assistance. Unless there is an exemption,the patron or rider who refuses to
wear a face covering or mask shall not be allowed to board or enter the vehicle.
6. Bed and Breakfasts, short-term vacation rentals and time-shares must cease
operations except that workers of essential businesses or operations (such as medical
personnel,first responders, or workers in critical trades) may rent or stay in a bed and
breakfast, short-term vacation rental or timeshare during the proclamation period. When
performing necessary functions outside their place of stay, workers must wear protective gear
and follow social distancing requirements, or as otherwise directed by any Gubernatorial or
Mayoral emergency proclamation, rule or order. Current occupants of bed and breakfasts,
short-term vacation rentals, and time-shares may stay until the end of the pre-booked period.
7. Parks and Recreational Facilities:
a. All County of Hawaii parks and recreational facilities: (1) listed specifically in
Hawaii County Code, Chapter 15 Parks & Recreation, Article 3, Section 15-68.1
"Parks and recreational facility schedule," or(2)as defined by Hawaii County
Code, Chapter 15,Article 1, Section 15-3 as a "park area" or"recreational area"
are closed. In addition, all permits and reservations for use associated with
these parks and recreational facilities are canceled through May 31,2020.
b. County cemeteries, including veteran's cemeteries administered by the County,
remain open for visitation during standard hours.
c. Pana'ewa Equestrian Center remains open only for those persons with valid
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horse stall rental agreements that are actively boarding a horse at the facility.
d. To allow passage for the specific purposes of: 1)direct access to and from the
ocean and shoreline in order to engage in outdoor exercise; 2)fishing for and
gathering food; and 3) use of restroom and shower facilities, the following County
parks are available daily, from 7 a.m.through 5 p.m.
• Kahalu'u Beach Park
• ,Magic Sands Beach Park
• Wai'aha Bay Beach Park(Honl's)
• Kawaihae Canoe Area
• Honoli'i Beach Park
• Kaipalaoa Landing Beach Park
• Bayfront Beach Park
• Reed's Bay Beach Park
• Lili'uokalani Gardens
• Richardson Ocean Park
• Carlsmith Beach Park
• MShukona Wharf(does not include the park section)
e. To address basic sanitation needs,the following restroom facilities are open for
the public's use during the hours noted:
• Mo'oheau Bus Terminal—7 a.m. to 5 p.m.
• Lincoln Park—7 a.m. to 5 p.m.
• Bayfront Soccer Fields—7 a.m. to 5 p.m.
• Bayfront Beach Park—7 a.m.to 5 p.m.
• Liliuokalani Gardens—7 a.m. to 5 p.m.
• Reeds Bay Beach Park—7 a.m. to 5 p.m.
• Veterans Cemetery No. 2—7 a.m. to 2 p.m.
• Honoli'i Beach Park—7 a.m.to 5 p.m.
• 'Alae Cemetery—7 a.m. to 7 p.m.
• Shipman Park—7 a.m.to 5 p.m.
• Kurtistown Park—7 a.m.to 5 p.m.
• Kahalu'u Beach Park—7 a.m.to 5 p.m.
• Magic Sands Beach Park(La'aloa)—7 a.m. to 5 p.m.
• Wai'aha Bay Beach Park(Honl's)— 7 a.m.to 5 p.m.
• Kailua Park(Old A/Maka'eo) beach only—7 a.m.to 5 p.m.
• Waikoloa Pu'u Nui Park—7 a.m. to 5 p.m.
• Waimea Park tennis courts only—7 a.m. to 5 p.m.
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• Gilbert Kahele Recreation Area—24 hours
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• Carlsmith Beach Park—7 a.m.to 5 p.m.
• Richardson Ocean Park—7 a.m. to 5 p.m.
• Wai'ohinu Park —7 a.m.to 5 p.m.
• Clarence Lum Won Park —7 a.m. to 5 p.m.
f. The following parks will be opened on a limited basis for the purpose of engaging
in outdoor active exercise such as walking,jogging, and running:
• Hilo Bayfront Trails
• Kaumana Lani Park(Hokulani)
• Machado Acres Park
• Wai'ohinu Park
• Clarence Lum Won Park
• Walua Trail
g. Hilo Municipal Golf Course will be opened effective Monday, May 11th with
modified rules for play and social distancing requirements in effect.
III. Pursuant to.Hawai'i Revised Statutes Section §127A-29, any person violating this
Rule shall be guilty of a misdemeanor and upon conviction fined not more than $5,000 or
imprisoned for not more than one year, or both.
IV. These Rules shall take effect immediately and shall continue until May 31, 2020,
or until amended, repealed, or terminated by my order.
IN WITNESS WHEREOF, I have he eunto set myhand and caused the Seal of the
County of Hawai'i to be affixed. Done this
day of May 2020 in Hilo, Hawai'i.
Harry Ki
Mayor
County of Hawaii,
CONCURRENCE: _. - _
A74,.1/1.06, ,
Governor&vid Y ge
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Permitted Essential Businesses or Operations
A
Accountants
Agriculture/agriculture supplies
Animal shelters, kennels,rescues,and adoption
Auto repair/supply
B
Bakeries
Banks
Bike shops and related
Builders
Business/office supplies
C
Cannabis(licensed)
Carpet/Upholstery cleaning
Child protection and child welfare
Childcare-For exempt workers
Construction/maintenance
Convenience stores
Court personnel
Critical labor union functions
Critical products and industries
E
Educational Institutions
Electricians
Electronics/Appliances/Telecommunication
Emergency dispatchers
Emergency management
Engineers
Exterminators
F
Fabric stores
Farmers'markets&farm/produce stands
Farming
Financial institutions
Firearm/ammunition
First responders
Fishing
Food and beverage manufacturing,production,processing
Food marketing and distribution
Food trucks
Food,shelter,and social services
Funeral,mortuary,cremation,burial,cemetery
Furniture store
ATTACHMENT"A"
G
Gas stations
Government services supporting Essential Businesses
Groceries and medicine stores
H
Hardware
Hazardous waste responders
Health workers
Healthcare services and operations
Home-based care
Home office
Hotels
Housing and shelter
Hunting
L
Landscape
Laundry Services
Law enforcement and corrections
Legal
Licensed cannabis
Liquor
M
Mail,shipping,logistics,delivery
Media
Moving and relocation
0
Off-Premise consumption
P
Painting
Pest control
Pet supplies
Pharmacies
Plumbers
Public transportation
R
Real estate
Repair and related
Residential facilities and shelters
Security
Specialty stores(e.g.,alcohol)
Supplies for essential businesses,
T
Taxi/rideshare
V •
Vehicle rentals
DESIGNATED BUSINESSES AND OPERATIONS
1. Real estate services. Activity related to real property sales and property activities
should be conducted remotely or electronically as much as possible.
Open houses for general public viewing, real estate agent caravans and broker
open houses are prohibited.
Property viewing, inspections, surveys, and appraisals may be conducted by
appointment only with social distancing requirements maintained at all times.
2. Florist, nursery, plant sales. Sales should be conducted remotely, electronically,
or by appointment. Delivery services or pick up service outside of the business
may be conducted as long as social distancing requirements are maintained.
3. Other Retail sales. The following retail businesses and operations are permitted
as long as the business establishmentfmaintains social distancing requirements,
makes hand sanitizer and sanitizing products readily available to customers and
employees, employees handling items from the customer must frequently use
hand sanitizers, use of face coverings or masks by customers and employees,
and high-touch areas are regularly disinfected:
• Bicycle shop sales and repair
• Bookstores
• Jewelry shop sales and repair
• Pet grooming and boarding
• Shops that sell walking/running shoes, apparel and exercise
equipment
• Surf and swimming equipment shop sales and repair
4. Automated service providers. Services that do not require human contact or
interaction between provider and customer such as automated car washes.
5. Private golf courses are permitted to open. Only one person will be allowed in a
golf cart unless second person is a spouse or family member living in the same
residence. There will be no flags at the holes, no rakes in sand traps, and there
will be no refreshments sold or provided on golf courses.
Golfers also cannot share equipment and sanitization of each golf cart after each
round is required.
All Golf Courses are encouraged to follow the United States Golf Association and
Professional Golfers Association guidance for operation during the COVID-19
pandemic.
ATTACHMENT"B"
- tvoFw
Roy Takemoto
Managing Director
Harry Kim
Mayor _ _'y'f._
•a�. _� ` Barbara J.Kossow
+'•:6 ;4k/IP Deputy Managing Director
County of Hawai`i
Office of the Mayor
25 Aupuni Street,Suite 2603 • Hilo, Hawaii 96720 • (808)961-8211 • Fax(808)961-6553
KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona, Hawaii 96740 ,
(808)323-4444 • Fax(808)323-4440
May 6, 2020
O. (7..
TO: Jon Henricks, County Clerk
Office of the County Clerk
FROM: Harry Kim, Mayor
County of Hawai'i •
RE: Mayor's COVID-19 Emergency Rule No. 4
This is a transmittal of the Mayor's COVID-19 Emergency Rule No. 4 issued by Mayor
Harry Kim, and concurred by Governor David Ige to the County Clerk, custodian of
records, dated May 6, 2020.
Received by:
Print Name: Aeua & e`Vb
Date: 1Os. l 2-+D
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County of Hawai`i is an Equal Opportunity Provider and Employer.