High Country Times

Mitchell County recently issued the following announcement.

WHEREAS, the Mitchell County Board of Commissioners, acting pursuant to the North Carolina Emergency Management Act (Article 1 of Chapter 166A of the North Carolina General Statutes) Proclaimed a State of Emergency to exist in Mitchell County

on March 16, 2020 because of the public health threat caused by COVID 19, and

WHEREAS, since that proclamation the disease has spread throughout most of North Carolina, including neighboring counties and two positive tests for the highly communicable disease have been obtained in Mitchell County, and

WHEREAS, said Proclamation appointed The Mitchell County Emergency Services Director and the Toe River Health District Director to closely monitor the spread of the virus and to report to the County Manager any recommendations for changes in and additions to the Proclamation, and

WHEREAS, The Directors have met with the Vice-Chairperson of the Board of Commissioners and they have reported to the County Manager their requested changes to the Proclamation relating primarily to travel restrictions, curfew, limits on gatherings, person-to-person contact and social distancing and the County Manager has properly called and noticed this Emergency Meeting to act upon the recommendations of the appointed committee.

NOW THEREFORE, pursuant to the authority granted to counties under the North Carolina Emergency Management Act, the Proclamation of the Governor of North Carolina declaring a statewide State of Emergency and the Proclamation of

a State of Emergency for Mitchell County adopted by this Board on March 16, 2020 the following amendments to the Proclamation of State of Emergency for Mitchell County are enacted.

Closing of Lodging Facilities. Lodging facilities in Mitchell County are declared to be not COVID-19 Essential Businesses and they are required to cease all operations and activities within Mitchell County by 6:00 p.m. on April 5, 2020 except “Minimum Basic Operations” as allowed in the Governor’s Proclamation of a state of emergency for the State of North Carolina.

For the purposes of this proclamation Lodging Facilities includes, but is not limited to hotels, motels, resorts, inns, guest houses, bed and breakfasts, campgrounds, RV parks, vacation cabins, any and all rentals or leases by Air-BnB, Home away, VRBO and other rental programs and all lodging or home rentals for a period of less than one month duration . The Toe River Health District Director is authorized to allow designated Lodging Facilities to reopen if said designated Lodging Facility is needed to be used as an Emergency Facility to assist with the COVID-19 response.

1. Additional Travel Restrictions.
   1. Effective April 5, 2020 all residents and non-residents of Mitchell County arriving in Mitchell County for overnight stays after being absent from the County for more than 48 hours preceding the arrival are recommended to self-quarantine for a period of 14 days. If the arriving person has any of the known symptoms of COVI0-19 infection that arriving person shall report to the Mitchell County Health Department the following:
      1. His current place of residence.
      2. The date of his arrival and the location of his out of county stay.
      3. The nature and duration of his symptoms.
   2. The report may be made to a health care facility or health care provider located in Mitchell County and that facility or provider shall transmit the information reported to the Mitchell County Health Department within 24 hours of receipt of the information. After reviewing the reported information the Toe River Health District Director may change the quarantine of the reporting person to mandatory and order the person to remain at home for a period of 14 days or seven days after symptoms have resolved, whichever is later? The only exception to this mandatory quarantine is travel to a health care facility for examination and treatment
   3. Failure of the arriving person to report the presence of symptoms to the Mitchell County Health Department or another local Health Care Provider as herein required is a violation of the State of Emergency existing in Mitchell County. Violation of the terms of any mandatory Quarantine imposed by the Mitchell County Health Department or the Toe River Health District Director is a violation of the terms of the State of Emergency Existing in Mitchell County. Such violations may be punished as hereinafter provided.
2. Mass Gatherings.

   A mass gathering is defined as any convening, congregating or otherwise grouping together of 5 or more persons in a single room or a single space at the same time. Mass Gatherings do not include operations of retail businesses classed as a COVID-19 Essential Business or Operation, medical facilities, necessary government operations, Emergency operations and public transportation vehicles. It does not include family gatherings by persons closely related in the private dwelling of one of the family members present.

   1. Mass gatherings of more than 5 persons except as above allowed are a violation of the terms of the State of Emergency existing in Mitchell County.
   2. Outdoor mass gatherings during the hours of curfew hereinafter imposed is a violation of the terms of the State of Emergency existing in Mitchell County and each individual person present is in violation of the Curfew provisions of the State of Emergency and may be charged with both violations.
   3. Funerals are not regulated as a mass gathering in this Proclamation . Church services are not regulated by this Proclamation. They are and remain subject to the Proclamation of the State of Emergency for the State of North Carolina.
   4. All mass gatherings should observe Social Distancing Requirements to the extent possible. During this State of Emergency public bodies may limit public attendance allowed by observing Social Distancing Spacing Requirements and not placing persons closer in proximity to another person than six feet.
3. Curfew.
   1. Stay at Home or place of residence. All individuals, present in Mitchell County at all times that this Proclamation of State of Emergency is in effect, are ordered to stay at home, their place of residence or current place of abode, between the hours of 10:00 pm and 5:30 am each day except as herein allowed.
   2. Exceptions to this stay at home are as follows only:

      1. 1. Employees at Essential Business and Operations who are required to be at the place of their employment during some or all the hours of this Stay at Home Order. Those employees must be at their place of employment or in route to and from their place of residence and place of employment immediately before and after their period of employment.
         2. Travel to obtain for yourself or a passenger in the vehicle emergency medical treatment while along the route to the medical provider and while at the location of the medical provider.
         3. AII law enforcement and emergency response personnel including volunteer firemen, paramedics and EMTs.
   3. Violation. Any person at any place in Mitchell County, other than his place of residence or current place of abode, between the hours of 10:00 pm and 5:30 am except as hereinabove allowed, is in violation of the terms of the State of Emergency existing in Mitchell County.
4. Construction.

   This Proclamation shall be construed in conjunction with the State of Emergency proclaimed by the Governor of the State of North Carolina which is applicable to all of Mitchell County. To the extent that this Proclamation imposes restrictions not imposed by the North Carolina State of Emergency then the restrictions herein imposed shall apply within the jurisdiction of Mitchell County. This Proclamation shall not be construed as repealing or reducing restrictions, prohibitions or requirements imposed in Mitchell County by the North Carolina State of Emergency Declaration.

5. Penalties for Violation.

   Violation of the terms of this State of Emergency is a crime. It is a violation of North Carolina General Statutes Section 14-4 and 14-288.20A. Mitchell County establishes a maximum fine for violation of this Ordinance at $500.00, the maximum allowed by law.

This Amended Proclamation of State of Emergency for Mitchell County is an Amendment to and not a repeal of the State of Emergency proclaimed by Mitchell County on March 16, 2020.

This Proclamation shall be effective at 6:00 pm on April 5, 2020 and shall remain In effect until modified or rescinded .

Original source can be found here.