0 ratings0% found this document useful (0 votes) 34K views5 pagesMARCH 20, 2020: Gov. Sisolak's Declaration of Emergency Directive
Gov. Steve Sisolak's Declaration of Emergency Directive, signed March 20, 2020.
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DECLARATION OF EMERGENCY
DIRECTIVE 003
WHEREAS, on Masch 12, 202, 1, Steve Sisolik, Governor of the State of Nevada issued 2
Declaration of Emergency to faiitate dhe State's sesponse to dhe COVID-19 pandemic; and
WHEREAS, on Masch 13, 2020, Donald J. Tsunp, President of the United States declared a
itloawide emergency puruant to Sec. Sfl(H) of the Robert T, Stafford Disaster Relief and
Emergency Assistance Act, «2 USC. 5121-5207 (the “Stafford Act); and
WHEREAS, the Wosld Health Organization and United States Centers for Disease Conttol and
Proveation have advieed ths: cere is corzation between density of persons gathered and the tsk
of tensmision of COVID-19; and
WHEREAS, dose pzoximiy to other persons is curently contmaindicated by public health and
‘medical best practices to combat COVID-19; and
WHEREAS, recreational secial gatherings unnecesatiy extend pesiods of interpersonal contact and
promulgates eptead of COV-D-19, and
WHEREAS, certain noa-esental activities result in the congregation of peesons for extended
rsiods of times and
WHEREAS, fre sevice, lw enforcement agencies, emergency medical services, and public safety
‘agencies ae essential to the velar, safer, and health of our communities; and
WALERBAS, NBS 11,060 cutee powees and die delegoted tothe Governor during the existence
lof s state of emergency, incuding wichout limitation, directing and controling the eonduct of the
‘general public and the movement and cessation of movement of pedestrians and vehicaat traffic
‘using before and after exeries or an emergency or disaster, publie meetings ot gatherings; and
WHEREAS, NRS 414.070 culines additional powers delegated tothe Governor dusing the extence
of state of emergency, inching withovt limitation, enforcing all we and regulations relating to
emergency management ane assuming diect opeational control of any ot all forces, including,
‘without limitation, volunteer and ausiary staf for emergency management inthe State; providing
{rand compeling the evacuation ofallor pat ofthe population from aay sticken or thteatened ae
for arent within the State and t0 take such steps at are necesary for the receipt and care of thosepetsons; and peeforming and exercising ch other functions, powers and duties as are necessary
promote and secure dhe safty and protection ofthe cviian population; and
WHEREAS, NRS 414.090 iis the powets of politcal ohdvisions inthe event oF an emergency,
‘ad provides that counties shall, and cites may, in pertinent part esuablish local organizations for
‘eegency management in secordance with the state emergency management plan and program for
‘emergency uanagement; citer into contacts and incur obligations necessary to combat such an
tmergency or disaster, protect the health and safety of persons and property and provide emergency
felstance to the vcrms of aich an emergency or disaster; nd exencive dhe powers vent tuler NES
414.050 in the Hight ofthe exigencies of che extreme emergency or disaster without regard to time-
consuming puocedutes and fommalites prevexibed by law, except consitional requires,
pertining to the performance of public work, entering ito contracts, the incusng of obligations, the
‘ermployment of remporary wotkers, che rental of equipment, dhe purchase of supplies and material,
the lerying of taxes, and dhe appropriation and expenditure of publi funds; and
WHERBAS, the Nevada Atorney General opined in Opinion Number 57-336 that “thee can be
‘ho question but thatthe Leyslatre intended to give to the Governor the broadest possible powers
consistent with constitution! goverament in atime of dire emergency” and
WHEREAS, the Nevada Atoraey Geaesal opined in Opinion Number 95-03 tat, in the context of|
the Governors exercise of powers under NRS Chapter 414, municpaldes exceed thir statutory
suthortyin adopting emergency powers that
‘© Establish a eufew allowing aly authorized persons in publi places;
Forbid or Knit the zur of persons who may gather or congregate ia public places;
Prohibit o restrict tac on public streets and roads;
Prohibie the sale ot distbution of gusline (or other Aazmable/combustible), except in
‘vohicle gas tanks or other proper container,
Close businesses which sel gasoline (or other Sammsble/combustible);
Prohibit the sale or distbution of alcohol,
(Close businesses which sll alcohol
ohiit the ale ordstibution of guas, ammunition or explosives; ot
(Close businesses which sll gus, ammunition or explosives; and
WHEREAS, the Nevada Auo1ney Genesal futher opined in Opinion Number 95-03 that such
powers 2s outlined immediately above if enacted, would be preempted by other grants of power set
{forth ia Chapter 414 and elsewhere; and
WHEREAS, Auicle 5, Secon 1 of the Nevada Conttution provides! "The roptame executive
power of tht State, shall be vested ia a Chie! Magistate who thall be Governor of the Sate of
Nevada" and
WATEREAS, on March 17,2020, I directed Nevadans to immplement the following menses; and
WHEREAS, non-essential tsinesses continue to operate and aval themselves tothe general public,
farther exacerbating the poble health emergency
NOW THEREFORE, by he thority vested in me as Governor by the Constitution and the laws
fof the State of Nevada and ehe United States, and pursuant to the March 12, 2020, Emergency
Deelaaton,IT IS HEREBY ORDERED THAT:
SECTION 1:
SECTION 2
SECTION 3:
SECTION 4
[Non-Essentnl Business, as further defined in segsations promlgnted under this
Directive, dat promote recreational socal guhering activites including, but aot
limited to, recreation centers, clubhouses, nightlubs, movi theatess, massage parlors,
sdultentetaninent establishments, brothel, and live entertaiament venues, and any
‘other such Non Essential Busines shal close effective March 20, 2020, a¢ 11:59 pm,
for the dusaton that this Direrve shall be in effec.
‘Noa Eisentl Husinestes that promote extended periods of public interaction whese
the risk of tansmission is high including fitness establishments such as gyms and
studios; aextetic services such as beany shops, barber shops, mail salons, anaing
‘sons, andwax salons; and anyother such Non-Esseatial Business shall close effective
‘Match 20, 220, at 1:59 pam, fot the dation chat this Diectve shall be in effet
“The Nevada general public may uize resturants and food establishments serving
‘prepared meds. Such establishments may continue serving the public, but shall cease
‘onsite dining effective Maich 20, 2020 at 11:59 pm, for the dation that ¢his
Directive shi hein effect Food establishments open to the Nevada general public
stall only serve castomers through 2 take-out, deve through, eurbade piclap, oF
‘delivery expaiy. Food establishment shall adopt COVID-19 risk mitigation policies
{cluding but not iited eo
‘+ To the extent practicable ensutng that customers receiving order outside the
food establishment mainain adequate socal distancing practices by not
congegating within a minimum of six fet of eeparntion between each other.
"This social dvtncing reuirement does nat apply to pessons eesiding inthe
same household
+ To the extent practicable, dinllowing the formation of queues whereby
persns congregate ina manaes that violates the socal distancing puselines|
above
+ Adopting contactless payment systems whenever posible.
+ All food workers must silly abide by all applicable hygiene guidelines
inching handwashing and glove requirements,
‘+ Follow Unied States Gener for Disease Contol and Prevention sanitation
ecommendation, including disinfecting surfaces routinely and st frequent
interval throughout the workday
‘An Eaten icensed Busines, incindiag but aot limited to, and as futher defined ia
equations promulpated unde ths Directive, healthcare provider, veterinary services,
grocery store, pharmacies, nancial insintions acdwate stores, convenience stores,
ccutity services, and ga tations, is encouraged to continue operation, but mast adopt
(COVID-19 sk mitigation measures that redoce the ik of commnnity discace spread,
{inching but not limited to
+ Proviting curbside pickup, or delivery of goods whenever possible,
+ Ensing that costomers picking up ot accepting eubside delivery of goods
‘maintain adequate socal distancing practices by aot congrepating within a
‘minimamn of se fet of separation hetween each other as practicable. ThisSECTION 5:
SECTION &
SECTION 7:
SECTION &
socal ditancing requtement does not apply to persons residing in the same
howehold.
+ Disloing the formation of queues whereby persons congregate ina manner
‘that violates the socal distancing guideline above as practicable
Adoni contacdess payment systems, as father defined in tepultions
promulgated under this Dteetive, whenever possible
‘+ An 2escntil Licensed Business that is unable to provide take-out, dive
throng rere, erie pelenp delivery oF gol nna imi acre tite
remiss oo that castomers can maintain x minim of six fet of separation
Dberneen each other a practicable
‘© An Sesental Licensed Business that is unable to provide takeout, dive
‘throng, casidepickp, or delivery of goods mut implement sanitation and
sinfecton polices that comply with United States Centes for Disease
CConttl and Prevention sanitation recommendations, ieding disinfecting
stfices routinely and a f2equent interval thoughout the workday.
[Retail cannabis dspensaties may operate by dalivery only putsuant othe guidance that
shal be iewoed by the Deparment of Trion in conjunction with the Cannabis
(Compliance Board effective March 20,2020, at 1:59 pan.
"The constration, mining, manufacturing, ad iniastroctuse sector labor force may
contin opestions, but shall mannan sit social distancing practices to faitate
minimum of a fest of separation between wotkess, and to adopt policies and
pctices tha: ensure minimum contact hetween the workforce and the general public.
‘This socal distancing rextdction aball not be constimed to supersede any safety
[practices impored onthe industy by rate of federal lw. Business sectors operating
lnder this athoxty aust comply with any applicable COVID-19 tsk mitigation
policies, as father defined in relations promulgated under this Directive, and any
precautionary messuees and guidance that shall be promulgated by” Nevada
Department of Business and Industry.
‘This Ditecive shall not be construed to hinder the ability of the industries identified
inthe US. Department of Homeland Security Cyber Infiastractace Seoutity Agency
Essential Cote Infiastructue Workforce memorandum dated March 19, 2020 10
contiane ther opetation appropustely modified to acconnt for Centers for Disexse
Contzol (CDS) workforce and consumer protection guidance.
Tsineses nat delineated above ot in regulations promulgated under this Disecive
may contin operations, otto include etal sales, i they are able to implement soci
distancing segue for the protection of thei employees an
‘© Peeferm opemtions without coatuet withthe Nevada general publics
‘+ To the exent practable, provide services without causing members of the
[Nevada geneal public to congregate in a manner contrary to coca dstncing
goals ofa minimum of ix feat of separation for more then incidental contact
1+ Prove services without esosing mote than ten members of the Nevada
gene public to congregateSECTIONS:
SECTION 10:
SECTION 11
Businesses that do not comply with cis Disective or egulations promulgated under
this Diese, after eeceiving watt notice rm lw enforcement, may be subject to
csiminal prenecution and cil penulics under NRS 202595, NRS 202450, and any
bother applicable statute, tdinance, ot regolatioa. AU law enforcemeat agencies inthe
Sate of Nevada ae authorized to enfose this Directive and mguiations promulgated
under thi Directive, The Office of the Atomney General is given concurrent
jussdiction to prosecute violations ofthis Ditective and any regulations promulgated
thereunder.
Pursuant to NRS 414060(8)@, I hetehy authosize all loa, city, and county
governments to enforce this Disctive and segulations promulgated thereunder. This
{icludes, but is not limited to, eupending a license, revoking « license, o issuing
penalties For violating business, professional liquor, tobacco, o gaming ceases issued
by the local jrsccrion for actions that jeopardize the health safety, o welfare ofthe
public; concoct which may injutiously affect the public health, safety, of well;
Conduct that may be detrimental tothe pubic peace, health, ax morals; or any otbet,
applicable oxlnance or requizement for such license
This Directive shall semain in effect until Apsil 16, 2020, unless renewed by a
subsequent Directive promulgated prrmuant to the March 12, 2020 Dechation of
‘Emergency facta the Sues response tothe COVID-19 pandemic.
IN WITNESS WHEREOP, I have hezeunto
set my hand and caused the Great Seal of the
State of Nevada to be affixed at the State
Capitol in Carson City, this 208h dy of March,
in the yea two thousand twenty.