STATE OF SOUTH CAROLINA COUNTY OF JASPER EMERGENCY ORDINANCE # 2020-___ AN EMERGENCY ORDINANCE OF JASPER COUNTY COUNCIL REQUIRING THAT FACE COVERINGS OR MASKS BE WORN IN PUBLIC IN THE UNINCORPORATED AREAS OF JASPER COUNTY DURING THE COVID-19 PUBLIC HEALTH EMERGENCY AND RECOVERY. WHEREAS: 1. The 2019 Novel Coronavirus (“COVID-19”) is a respiratory disease that can result in serious illness or death by the SARSCoV-2 virus, which is a new strain of coronavirus previously unidentified in humans and which can spread from person to person; and 2. The World Health Organization declared COVID-19 a Public Health Emergency of International Concern on January 30, 2020, and on March 11, 2020, the World Health Organization declared a world-wide pandemic; and 3. The Centers for Disease Control and Prevention (the “CDC”) has warned of the high public health threat posed by COVID-19 globally and in the United States; and 4. On January 31, 2020, the United States Department of Health and Human Services Secretary declared a public health emergency in the United States as a result of COVID19 under Section 391 of the Public Health Service Act; and 5. On March 13, 2020, the President of the United States declared that the COVID-19 outbreak in the United States constitutes a national emergency, which began on March 1, 2020; 6. On March 13, 2020, the Governor of the State of South Carolina (the “State”) issued Executive Order 2020-08, declaring a State of Emergency based on a determination that the COVID-19 poses an actual or imminent public health emergency for the State; and 7. On March 13, 2020, the Governor of the State of South Carolina Henry McMaster declared a state of emergency for the State of South Carolina; and 8. The Governor of the State has subsequently declared a continued State of Emergency in Executive Orders 2020-15 (March 28), 2020-23 (April 12), 2020-29 (April 27), 2020-35 (May 12), 2020-38 (May 27), and 2020-40 (June 11); 9. If COVID–19 cases continue to increase in the State and in Jasper County, the demand for medical, pharmaceutical, personal, and general cleaning supplies may overwhelm sources of supply; the private and public sector work force may be negatively impacted 1 by absenteeism; and the demand for medical facilities may exceed locally available resources; 10. Health authorities, including the CDC, the Surgeon General of the United States, and DHEC have recommended the use of face coverings as a means of preventing the spread of COVID-19; and 11. S.C. Code § 4-9-130 provides that “[t]o meet public emergencies affecting life, health, safety or the property of the people, council may adopt emergency ordinances … by the affirmative vote of at least two-thirds of the members of council present. An emergency ordinance is effective immediately upon its enactment without regard to any reading, public hearing, publication requirements, or public notice requirements. Emergency ordinances shall expire automatically as of the sixty-first day following the date of enactment;” 12. Jasper County Council has determined, based on the recommendations of public health experts and responsive to a serious threat to the public health, safety, and welfare of its citizens, that it would serve the public interest and be within Jasper County’s police powers under Home Rule and S.C. Code § 4-9-30 to require that individuals wear face coverings in certain situations and locations; 13. The South Carolina Attorney General, on June 25, 2020, issued a public statement that enacting local mask requirements is within the police power of local governments and is not preempted by State law; 14. S.C. Code Ann. §4-9-130 empowers Council to enact emergency ordinances affecting life, health, safety, or property; and 15. COVID-19 has spread across the state with the South Carolina Department of Health and Environmental Control (“SCDHEC”) confirming the localized person-to-person spread of COVID–19 in South Carolina, which indicates a significantly high risk of exposure and infection creating an extreme public health risk; and, 16. As of June 29, 2020, the daily report of COVID cases at 1,303 was the highest to date and there were 36,297 confirmed cases throughout the State of South Carolina, with 132 cases in Jasper County (with a total estimated number of cases at 811), with 735 deaths statewide, and 3 deaths in Jasper County; and 17. Forty-six percent of the total of all SC cases have occurred in the two weeks prior to June 24, 2020, and SC

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