Mayor Declares State of Emergency in Davidson
OF A STATE OF EMERGENCY IN THE TOWN OF DAVIDSON
March 23, 2020
WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death by the SARS-CoV-2 virus which is a new strain of coronavirus previously unidentified in humans and which can spread from person to person;
WHEREAS, in response to the global spread of the virus and the disease it causes, the World Health Organization (“WHO”) has declared COVID-19 a Public Health Emergency of International Concern; the Centers for Disease Control and Prevention (“CDC”) has warned of the high public health threat posed by COVID-19 globally and in the United States and has deemed it necessary to prohibit or restrict travel to areas designated by the CDC; the United States Department of Health and Human Services Secretary declared a public health emergency in the United States for COVID- 19; and the North Carolina Department of Health and Human Services (“NCDHHS”) confirmed multiple cases of COVID-19 in North Carolina as of March 13, 2020; and
WHEREAS, on March 10, 2020, the State of North Carolina, through the Office of the Governor Roy Cooper, issued Executive Order No. 116 titled “Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19”; and
WHEREAS, on March 13, 2020, the President of the United States, declared the COVID-19 pandemic to be a national emergency; and
WHEREAS, on March 13, 2020, Mecklenburg County and the City of Charlotte declared a state of emergency on behalf of the County and City on March 13, 2020, which proclamation is in effect for the Town of Davidson by request of the Town’s chief elected official; and
WHEREAS, on March 17, 2020, Iredell County declared a state of emergency on behalf of the County which proclamation is in effect for those parts of Davidson that are in Iredell County by request of the Town’s chief elected official; and
WHEREAS, the North Carolina General Assembly has adopted Article 1A of Chapter 166A entitled “North Carolina Emergency Management Act”; and
WHEREAS, G.S. 166A-19.22 authorizes a municipality by ordinance to delegate to the mayor of a municipality the authority to declare a state of emergency pursuant to the procedures of G.S. 166A; and
WHEREAS, the Town of Davidson Code of Ordinances Section 26-32 authorizes and empowers the Mayor to issue a public proclamation declaring to all persons the existence of such a state of emergency and, in order to more effectively protect the lives, safety and property of people within the town, to place in effect any or all of the restrictions hereinafter authorized.
NOW, THEREFORE, pursuant to the authority contained in Article 1 of N.C.G.S § 166A, and Town of Davidson Code of Ordinances Article II, Section 26, I, Rusty Knox, the Mayor of the Davidson proclaim the existence of a State of Emergency in the Town of Davidson.
I further proclaim that the restrictions set forth below are necessary to maintain public order and protect lives and property during this emergency, and that the same shall be in effect within the incorporated limits of the Town of Davidson until this Proclamation is rescinded.
I further proclaim that the restrictions set forth below are in addition to those which have been imposed by the Mecklenburg County Declaration and I hereby order all town employees and all other emergency management personnel subject to my control to cooperate in the enforcement and implementation of the Mecklenburg County Declaration and the Town of Davidson emergency ordinances.
I further proclaim that the following additional public safety measures are in effect within the town limits and the extraterritorial jurisdiction (ETJ):
- Cancellation, postponement or modification of Town of Davidson gatherings, meetings, travel and events: non- essential Town of Davidson gatherings, meetings, travel and events may be cancelled, postponed or modified to promote efforts being made to overcome or prevent further exaggeration of the emergence.
- Public attendance at Town of Davidson gatherings, meetings and events: public attendance at Town of Davidson gatherings, meetings and events is hereby reasonably and necessarily prohibited, restricted or modified to promote efforts being made to overcome or prevent further aggravation of the emergency, except in areas or times designated by the Town of Davidson or the Mecklenburg County Health department in conjunction with County Emergency Management. During the State of Emergency, the Board of Commissioners is authorized to and will hold electronic meetings. If a virtual public meeting is held, the public may view the meetings as will be detailed prior to the meeting on the town’s website. Public comment periods will be conducted via phone, email, or video as stated on the town website prior to the meeting.
- Restricted access to Town Facilities, parks and greenways: access to town facilities, parks and greenways: is reasonably and necessarily prohibited or restricted to promote efforts being made to overcome or prevent further aggravation of the emergency, except in areas or times designated by the Town of Davidson or the Mecklenburg County Health Department in conjunction of with County Emergency Management.
- Authority to those town officials imposing restrictions: Pursuant to G.S. § 166A-19.31(b), the Town Manager and/or his delegee is hereby authorized to determine and impose the public safety prohibitions or restrictions deemed reasonable and necessary to overcome or prevent aggravation of the emergency as set-forth in this Proclamation.
This Proclamation shall become effective immediately and shall remain in effect until rescinded.
Proclaimed this 23rd day of March, 2020.
Signed – Rusty Knox