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Proclamation of Civil Emergency effective 8/13/2021 OFFICE OF THE MAYOR PROCLAMATION OF CIVIL EMERGENCY I, Daniel R. Barron, as the duly elected and sworn Mayor of the Town of Taos,hereby do invoke those powers vested in the Office of the Mayor under Chapter 2.04 CIVIL EMERGENCIES of the Town Code and upon consultation with the Town Manager and Code Official, Police Chief and Fire Chief, as well as the recommendation of the Town's Emergency Management Team, and consistent with the Town's adopted Pandemic Response Plan do declare, that a civil emergency exists, as defined in Section 2.04.010 of the Town Code (as outlined in but not restricted to 2.04.01 OC.), and, consistent with those powers therein granted under Section 2.04.020 (and more specifically in but not limited to 2.04.020. G.), do declare as follows: 1. A PUBLIC HEALTH AND SAFETY EMERGENCY EXISTS: That, despite outstanding efforts at vaccination, testing, masking, and social distancing by the Town and its residents to control and reduce the prevalence of the COVID-19 virus, a. That, several more contagious variants of the COVID-19 virus have developed. b. That, states and counties around us are experiencing both a rate of new cases and hospitalizations not seen since last February, and in some cases since the outbreak. c. That, we are a tourism and second home community and our experience with the pandemic to-date has taught us that the despite our best efforts to contain or eliminate the virus here,it travels with visitors that come here and our residents that travel outside the area and return. d. That, children under 12 may be particularly susceptible as they cannot get vaccinated and the variants seem to be more effective in infecting them than the original virus. e. That,this is occurring at a time that we are returning to school, going into the fall when viruses tend to spread more effectively and we are already seeing increased levels of childhood respiratory illnesses other than COVID that usually do not occur in this frequency at this time of year. f. That,we have one hospital in our community with limited capacity that serves an entire region and can become overloaded very quickly, leading to a decline in the availability and level of care and bed space available to our residents at a time when other regional hospitals will be unable to accept out-of-area transfers. g. That, our local, state and national health care system is already worn thin on staffing and suffering burn-out and COVID fatigue even before another crises might arise and may not be able to be as resilient as our last effort. h. That, as Mayor, our Town government is fully committed to keeping our economy as open as possible for as long as possible,to being welcoming to all visitors and allowing our arts and entertainment community, galleries and restaurants to be able to do business, our children to return to school and participate in sports, and for our community to lead as normal a life as possible. i. That,to achieve these goals for the long-term,we must take very reasonable preventive and precautionary measures early on, as we did at the start of this pandemic, that will protect the health and safety of our businesses, our elderly, our children, our first responders, health care workers and essential employees in our businesses so that we can remain open for business and have as normal a life as possible and not be forced later due to inaction to return to more restrictive measures, such as closures or shut downs, that hurt our economy and our people. j. That, as Mayor, I have been contacted by the Office of the Governor of the State of New Mexico and asked to help take the lead at the local level in instituting preventive measures to help slow the surge of the virus variants within the state using reasonable precautions that will create a firewall to preserve the gains we have made to date over other states and other parts of the state. k. That, the resurgence of the pandemic and the development of and increasing surge by the Delta and Lamda variants of the COVID-19 virus pandemic do constitute a natural disaster through a public health and safety crises endangering life(health)and property (economy) to such extent that extraordinary measures must be taken to protect the public health, safety and welfare of the community. 1. That, as Mayor, I am empowered to take such measures under section 2.04.020. G. of the Town Code and am hereby authorized to issue such orders as are imminently necessary for the protection of life and property. 2. PUBLIC NOTICE OF PROCLAMATION OF CIVIL EMERGENCY: That, as Mayor, I direct that signed copies of this Proclamation shall be attested to by the Town Clerk and delivered to the Town Council within 48 hours of its signing and to seek their ratification of such measures at an Emergency Meeting of the Council called for said purpose and no other business. That I direct that copies of the proclamation, along with ratification and any additional actions of the Council be published in the media, posted at all Town facilities and distributed to the public within 24 hours of its passing, with an effective date to not be sooner than 48 hours after its distribution. That, as Mayor, I direct that copies of this proclamation shall be provided to the Town Manager and Emergency Management Team,Police Chief,Code Enforcement Official and Fire Chief. Copies of this Proclamation and the actions of the Council shall be provided by the Town Clerk for posting at the entrance to Town Hall,on the Town website,the Town's Facebook site, distributed through the Town's email lists, and by publication in the Taos News, as the newspaper of record. An email address and phone number shall be provided to the public to be able to ask questions about the actions contained herein and within the Council resolution, including any changes in hours or procedures for accessing Town services and on how to obtain Town-sponsored testing, masks, sanitizer and other direct and indirect technical or financial assistance, information, services and supplies. 3. DURATION: That consistent with the Town Code, said proclamation by the Mayor shall be in effect for 48 hours from its issuance and must, consistent with Section 2.04.040, be affirmed by a majority vote of the Town Council prior to its expiration and may be extended by the action of the Council by their granting the authority to the Mayor through Resolution 21-41 affirming the Proclamation, declaring a civil and health emergency as long as required, or until either the Mayor or Council rescind said proclamation or it is superseded by federal or state public health orders or declarations. 4. PUBLIC HEALTH MEASURES: The Mayor, per the requirements of the Town Code, has evaluated independent findings by the NM Health Department, CDC,the Town Emergency Management Team, including weekly updates provided to the Mayor and Council, as well as the findings and recommendations of the Town Manager and Management Team with regards to the impact and progress of the current pandemic and, independently, the potential impact through the surge of the newly spreading variants on the community and the ability of the Town to provide municipal services; especially the ability to plan for and ensure uninterrupted services critical to public health and safety. Further, as Mayor I have also coordinated on a regular basis with the other mayors and legislators of the state with regards to the pandemic and its impact, as well as potential responses, and have also coordinated with and received a request from the Governor's Office for local governments to (re)institute preventive public health and safety measures, so as for the state to avoid having to resort to further restricting or completely closing businesses and government. Therefore, in order to cooperate with the state and our other governmental and health care partners in instituting measures that provide the least disruption to income of our local businesses,the uninterrupted employment of our residents, the continued safe provision of services to the community, the continuity of public education, and in order to reduce to the extent possible the potential for transmission of the virus to locals, I do hereby declare that the following public health measures, and upon the consultation with and approval of the Town Council, are to be taken: A. Mandatory Face Coverings: All persons including employees, customers, residents and tourists over the age of 5 are required to wear face coverings when in public, interacting with the public or in a place where a person may interact with the public, deliberately or not,including all Town properties(except in public parks where socially distancing is maintained),gyms,concerts and indoor and outdoor public events such as the Farmer's Market, restaurants (except while eating or drinking), businesses, banks, entertainment venues,non-profits,government offices,public utilities,galleries and all other places of business. All businesses and their on-site supervisors/staff shall inform and require all staff and customers to wear a face covering when interacting with the public or other staff and, under Town order, may refuse entry or service to anyone refusing to wear a face covering properly. B. Minimum Physical Distance: "Social distancing" (maintaining a physical distance between all persons in all directions of a minimum of 6 feet) shall be maintained by all persons when outside of their home, temporary or permanent residence (to include "residence" to also mean hotels, motels, bed and breakfasts, RV parks, camp grounds and short-term rentals). All businesses, offices, organizations, museums, movie theaters, galleries, spas, gymnasiums, health facilities, any and all commercial activities, whether for-profit or non-profit, shall provide such physical signage, visual markings in check-out and waiting lines and such other appropriate informational measures as may be required to maintain social distancing between all persons. C. Maximum Occupancy: All places of business,entertainment,worship,hotels,motels, short-term rentals,bed and breakfasts and any and all places of business shall abide by the lesser of the building code or fire code maximum capacity, which shall be posted and readily visible to the public at the entrance of the premises. D. State Public Health Orders: This Proclamation shall, by reference, incorporate and be consistent with any subsequent more restrictive COVID-19 related Public Health Orders, Executive Orders, and department regulations by the NM Health Secretary, NM Governor, NM Health Dept., NM Environmental Department and NM Bureau of Alcohol and Gaming or the Town and authorizes the Town Police Chief and Code Enforcement Officer, and those they designate, to enforce the provisions of this Proclamation and any subsequent accompanying Town Resolution or Ordinance and all relevant state orders authorized by this Proclamation, per section E of this Proclamation. E. Penalties: Violations of this order shall be considered a petty misdemeanor, consistent with the Town Code and laws of the State of New Mexico. Such offenses are punishable under the Town Code by a fine not to exceed $300 per incident or violation and/or not more than 30 days in jail. F. Public Notice: Staff are directed, through the Town Manager, to produce necessary informational mechanisms so as to alert businesses, the public and tourists as to these requirements and shall develop a system of reporting and enforcement so as to ensure their implementation in consultation with the Town Code Officer, the Chief of Police and the Town Attorney. The Town shall produce and distribute flyers, posters and signage for businesses to post to alert customers as to the requirements within this order and shall engage in a public information campaign to alert visitors through banners, billboards, and electronic display boards etc. as to the requirements contained herein. 5. EFFECTIVE DATE: This Proclamation of Civil Emergency and the accompanying regulations herein shall become effective at 8 am, Friday, August 20`h, 2021. Proclaimed and declared this 13th day of August, 2021. 4anielarrone Approved as to form: Town ttorney a'CerftfWA nCL—corded by: Fr�n$4 Ga a Town