Joint Resolution Declaring Chattooga County State of Emergency

The City of Summerville, Lyerly and Menlo, and the Town of Trion signed a Local Joint Resolution Declaring a State of Emergency with Chattooga County effective Monday, March 23, 2020 at 6:00 p.m. until Tuesday, March 31, 2020 at midnight.

COUNTY OF CHATTOOGA COUNTY

CITY OF SUMMERVILLE

CITY OF MENLO

CITY OF LYERLY

TOWN OF TRION

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CHATTOOGA COUNTY LOCAL STATE OF EMERGENCY

JOINT RESOLUTION

JOINT RESOLUTION DECLARING STATE OF EMERGENCY IN THE COUNTY OF CHATTOOGA, THE CITY OF SUMMERVILLE, THE CITY OF MENLO, THE CITY OF LYERLY AND THE TOWN OF TRION, GEORGIA ESTABLISHING THE CLOSURE OF ALL BARS AND RESTAURANTS AND PROCEDURES FOR TAKE OUT OR DELIVERY OF FOOD ONLY, BANNING GATHERINGS OF OVER TEN (10) PEOPLE, PROVIDING FOR DISSEMINATION OF INFORMATION, TO PROVIDE FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

WHEREAS,    In late 2019, a new and significant outbreak of respiratory disease caused by a    

                       Novel Corona virus emerged in Wuhan, China; and

WHEREAS,    The respiratory disease caused by the novel corona virus, known as “COVID-19,”

                       Is an infectious virus that can spread from person-to-person and can result in

                      Serious illness or death; and

WHEREAS,    The President of the United States declaredCOVID-19 a National Emergency        

                       on March 13, 2020; and

WHEREAS,   The Centers for Disease Control and Prevention has identified the potential public

                      health threat posed by COVID-19 both globally and in the United States, and has

                      advised that the person-to-person spread of COVID-19 will continue to occur

                      globally , including within the United States; and

WHEREAS,  The Centers for Disease Control and Prevention has noted that COVID-19 is

                     proliferating via “community spread” meaning people have contracted the virus in

                     areas of Georgia as a result of direct or indirect contact with infected persons,

                     including some who are not sure how or where they became infected; and

WHEREAS,     The Governor of the State of Georgia declared a Public Health State of Emergency

                    on March 14, 2020; and

WHEREAS,    The World Health Organization (WHO) has declared COVID-19 a world health

                       emergency and a pandemic influenza emergency; and

WHEREAS,   Georgia law allows for the suspension of certain laws, rules, ordinances and orders  

                       during a declared State of Emergency, and authorizes the County and four (4) city

                       entities to waive compliance with time-consuming procedures and formalities;

                       O.C.G.A 38-3-1; and  

WHEREAS,     The Georgia Law grants to Chattooga County, the City of Summerville, The City of  

                        Menlo, The City of Lyerly and The Town of Trion the power to protect the safety,

                        health and welfare of the public; and

WHEREAS,     Georgia law also grants to Chattooga County, The City of Summerville, The City of

                        Menlo, The City of Lyerly and The Town of Trion the power to declare an

                        emergency and to pass all laws and ordinances they may consider necessary for

                        the peace, good order, health, prosperity, comfort and security of the city, and of  

                        Inhabitants thereof; and

WHEREAS,     The President of the United States has recommended that any gathering over

                       10 people be discontinued or prohibited; and

WHEREAS,     The Northwest Georgia Medical and public health leaders have worked diligently

                      and collaboratively to respond aggressively to the COVID-19 impact in Chattooga

                      County, The City of Summerville, The City of Menlo, The City of Lyerly, the

                      Town of Trion and surrounding communities. On March 19, 2020 a letter was

                      sent to all Elected Officials strongly urging action to temporarily close restaurants

                      bars and other places where individuals gather for socialization (copy of letter

                      is attached as Exhibit “A” and incorporated herein); and

WHEREAS,     Chattooga County, The City of Summerville, The City of Menlo, The City of

                      Lyerly, and The Town of Trion do not have the personnel or resources to monitor

                      And police a distancing or gathering limitation.

NOW THEREFORE, in a public and specially called emergency meeting, authorized pursuant to

O.C.G.A. 51-14-1 (G) Chattooga County, The City of Summerville, The City of Menlo, The

City of Lyerly and the Town of Trion resolve and declare as follows:

Section 1: Chattooga County, The City of Summerville, The City of Menlo, The City of Lyerly,

The Town of Trion adopt and make the findings discussed in the “WHEREAS” paragraphs as the factual findings of both Sole Commission and Councils.

Section 2: Chattooga County, The City of Summerville, The City of Menlo, The City of Lyerly and the Town of Trion hereby declares a State of Emergency  and a Public Health Emergency in Chattooga County, The City of Summerville, The City of Menlo, The City of Lyerly and the Town of Trion.

Section 3:

​a.    Chattooga County, The City of Summerville, The City of Menlo, The City of Lyerly

                    and the Town of Trion hereby declare that all bars, restaurants or businesses that

                    sell food for consumption on premises or that provide entertainment on premises

                    shall be closed to in-person dining, consumption of alcohol or entertainment until

                    the expiration of this resolution.

           b.    Bars, restaurants or businesses that sell food may offer food for take-out or for

                   customers to eat somewhere other than at the establishment, provided that

      ​       cafeterias in hospitals, nursing homes or similar facilities shall not be subject to

                   these restrictions and may continue normal operations.

          c.     Businesses affected by these closures shall establish systems that restrict in-person

                   contact as much as possible, to include not permitting more than ten (10)  

                   customers at a time to be inside the premises. Such processes may include the

                   business taking the food to the customer’s vehicle rather than the customer coming

                   inside the business.

          d.    Furthermore, business shall ensure that all onsite consumption of food is prohibited,

                  and that employees and contractors of the business maintain at least six (6) feet of

                  personal distance between themselves as much as possible given the physical

                  constraints of the premises.

         e.     If a restaurant is licensed to sell beer or wine for on-premises consumption, such

                 business during the efficacy of this resolution only shall be authorized to sell

                 unopened bottles, cans or other sealed containers of beer or wine for take-out

                 consumption off-premises.

Section 4:  Chattooga County, The City of Summerville, The City of Menlo, The City of Lyerly and

the Town of Trion hereby suspend the use of any County or City Parks by more than ten (10) persons in a group; however, this does not suspend the use of trails which are expressly exempted from this suspension.

Section 5:  Chattooga County, The City of Summerville, The City of Menlo, The City of Lyerly and the Town of Trion suspend the bid and competitive portions of the respective Procurement Policy and authorize the respective Commissioner, Managers or Mayors to utilize the single-source policy and to require departments to provide written justification for the procurement during the effective dates of this Resolution.