DECLARING A STATE OF EMERGENCY AND CURFEW IN THE CITY OF ORANGEBURG, SOUTH CAROLINA,
WHEREAS, on March 13, 2020, the Governor of the State of South Carolina (“State”) issued Executive Order No. 2020-08, declaring a State of Emergency based on a determination that the 2019 Novel Coronavirus (“COVID-19”) poses an actual or imminent public health emergency for the State;
WHEREAS, also on March 13, 2020, the President of the United States (“President”) declared that the COVID-19 outbreak in the United States constitutes a national emergency, which began on March 1, 2020;
WHEREAS, the Governor has issued Executive Orders 2020-09, 2020-10, 2020-11, 2020-12, 2020-13, 2020-14, 2020-15 ,2020-16, 2020-17,2020-18, 2020-19, 2020-20 and 2020-21 to prepare for and respond to the actual, ongoing, and evolving public health threat posed by COVID-19;
WHEREAS, the President, the Governor, and public health authorities have recommended observance of social distancing, including the maintenance of safe zones of at least six feet between individuals;
WHEREAS, Executive Order 2020-21 includes the grant of authority to political subdivisions to enforce said Order and any prior or future Orders and to do whatever may be deemed necessary to maintain peace and good order during the State of Emergency;
WHEREAS, the City Code of Ordinances, Sec. 2-13, Emergency and Disaster Planning and Response, authorizing the Mayor to declare a state of emergency in the City of Orangeburg;
WHEREAS, the Mayor has determined it is now necessary to declare a state of emergency and order a curfew in the City of Orangeburg to protect the public health, safety and welfare of its citizens;
NOW, THEREFORE, the Mayor of the City of Orangeburg does hereby declare a state of emergency and the following emergency powers and orders are hereby implemented as of the effective date of April 8, 2020.
Section 1. Committee of Disaster Services. A Committee of Disaster Services is hereby established consisting of the Mayor, City Administrator and Manager of Public Utilities. The committee is granted all authority of the Director of Disaster Services as set forth in the City Code of Ordinances and the authority, in the discretion of the Committee, to implement all rules, regulations and procedures to enforce all Declarations of the President and Executive Orders of the Governor of the State of South Carolina.
Section 2. Duration. This Proclamation, imposition of curfew, orders and the authority granted to the Committee shall expired fourteen (14) days after its effective date unless approved by City Council by emergency ordinance as authorized by Sec. 5-7-250 (d) of the South Carolina Code of Laws at a duly noticed meeting. Said meeting may be conducted by telephone or other electronic means in accordance with the following requirements for remote meetings. Nothing herein prohibits the Mayor from issuing additional proclamations if the present public health emergency remains after the expiration of this Proclamation.
Section 3. Remote Meetings. Regular and special meetings of City Council during a proclamation period may be conducted by telephone or other electronic means, provided that:
- Members attending by electronic means shall be able to hear any and all comments made by the public, staff, and council members:
- All public participants, news media, attendees, staff, and other members shall be able to hear the comments, motions, and votes of the members attending such meeting by electronic means;
- Other than establishing the electronic connections, there shall be no communications among members attending electronically, unless such communication is part of the meeting and can be heard by other members, all public participants, news media and attendees; and
- The comments, motions, and votes of the members attending electronically shall be recorded in the minutes of the meeting;
- A council member attending a meeting in compliance with the above whether physically present or not shall be construed as present in determining the quorum for the meeting.
Section 4. Curfew. As authorized by Executive Order 2020-21 , the general statutory authority of South Carolina municipalities and City Code of Ordinances Sec. 2-13, in order to preserve health, peace and good order in the City, a daily curfew is hereby ordered and established beginning Thursday, April 9, 2020 prohibiting travel upon the streets and sidewalks of the City, both vehicular and pedestrian, and prohibiting public and private gatherings on public property within the City from 11:00 p.m. until 6:00 a.m. with the following exceptions:
- Individuals operating commercial vehicles transporting essential goods and products, such as food, water, medicine, medical supplies and equipment, fuels and petroleum products (to include fuel oil, diesel oil, gasoline, kerosene, propane, and liquid petroleum);
- Individuals performing or assisting with military, healthcare, public safety, or emergency response operations, as well as City employees providing City services;
- Individuals traveling to and from their place of employment or individuals going to and from their businesses.
Section 5. Home Deliveries. Employees engaged in any form of delivery service are hereby ordered and shall wear a protective mask (or similar protective device) and sanitize his or her hands by the use of an approved hand sanitizer before presenting any item for delivery to any customer, home or business in the City of Orangeburg. Any employee violating this requirement shall be guilty of a civil infraction punishable by a fine of not more than fifty ($50.00) dollars. Each violation shall constitute a separate infraction.
Section 6. Curfew Enforcement. Any person violating the terms of the curfew or refusing to comply with any lawful order or direction of any law enforcement officer enforcing the curfew shall be guilty of a civil infraction punishable by a fine of not more than one hundred ($100.00) dollars. Each violation shall constitute a separate infraction.
Michael C. Butler, Mayor
April 8, 2020