DECLARATION OF EMERGENCY DIRECTIVE 013
WHEREAS, on March 12, 2020, I, Steve Sisolak, Governor of the State of Nevada issued a Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic; and
WHEREAS, on March 13, 2020, Donald J. Trump, President of the United States declared a nationwide emergency pursuant to Sec. 501(6) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the "Stafford Act"); and
WHEREAS, the World Health Organization (WHO) and United States Centers for Disease Control and Prevention (CDC) have advised that there is a correlation between density of persons gathered and the risk of transmission of COVID-19; and
WHEREAS, close proximity to other persons is currently contraindicated by public health and medical best practices to combat COVID-19; and
WHEREAS, recreational social gatherings unnecessarily extend periods of interpersonal contact and promulgates spread of COVID-19; and
WHEREAS, the rate of community spread of COVID-19 can only be reduced by minimizing contact between infected persons and non-infected persons; and
WHEREAS, public health experts and epidemiologists indicate that COVID-19 may spread from infected persons to non-infected persons prior to the expression of symptoms in the infected person; and
WHEREAS, immediate containment of the spread of COVID-19 is vital to protect the Health and Safety of the Nevada public; and
WHEREAS, on March 17, 2020, I directed Nevadans to implement physical distancing measures to minimize opportunities for the disease to spread from infected persons to non-infected persons; and
WHEREAS, on March 20, 2020, I issued Directive 003 pursuant to the March 12, 2020 Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic and ordered the closure of all non-essential businesses, and restricted the activities of essential businesses to reduce opportunities for interpersonal contact whereby the novel coronavirus that causes COVID-19 may be spread from infected persons to non-infected persons; and
WHEREAS, on March 20, 2020, the Department of Public Safety promulgated emergency regulations defining essential and non-essential businesses, specifically including Essential Healthcare operations and Essential Infrastructure operations; and
WHEREAS, on March 24, 2020, I issued Directive 007 pursuant to the March 12, 2020 Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic and ordered Nevadans to cease congregating in groups of ten or more in public spaces; and
WHEREAS, on March 29, 2020, Donald J. Trump, President of the United States, recommended the continuation of limitations on gatherings through April 30, 2020; and
WHEREAS, on March 31, 2020, I issued Directive 010 to reinforce and clarify that Nevadans must avoid unnecessary inter-personal contact to lower the rate of disease transmission to ensure that our COVID-19 hospitalization rate never exceeds our COVID-19 hospital capacity; and
WHEREAS, as of April 8, 2020, the State of Nevada Department of Health and Human Services is reporting 2,318 positive cases of COVID-19, and 71 deaths resulting from COVID-19; and
WHEREAS, some participants engaged in activities explicitly or impliedly permitted in other Directives continue to demonstrate a disregard for Nevada's aggressive social distancing protocols; and
WHEREAS, the Governor's COVID-19 Medical Advisory Team has advised that gatherings of ten or more persons for more than ten minutes considerably increases the risk of transmission; and
WHEREAS, the Governor's COVID-19 Medical Advisory Team has advised that Nevada has not yet experienced its peak infection rates of the COVID-19 disease; and
WHEREAS, NRS 414.060 outlines powers and duties delegated to the Governor during the existence of a state of emergency, including without limitation, directing and controlling the conduct of the general public and the movement and cessation of movement of pedestrians and vehicular traffic during, before and after exercises or an emergency or disaster, public meetings or gatherings; and
WHEREAS, NRS 414.070 outlines additional powers delegated to the Governor during the existence of a state of emergency, including without limitation, enforcing all laws and regulations relating to emergency management and assuming direct operational control of any or all forces, including, without limitation, volunteers and auxiliary staff for emergency management in the State; providing for and compelling the evacuation of all or part of the population from any stricken or threatened area or areas within the State and to take such steps as are necessary for the receipt and care of those persons; and performing and exercising such other functions, powers and duties as are necessary to promote and secure the safety and protection of the civilian population; and
WHEREAS, Article 5, Section 1 of the Nevada Constitution provides: "The supreme executive power of this State, shall be vested in a Chief Magistrate who shall be Governor of the State of Nevada;"
NOW, THEREFORE, by the authority vested in me as Governor by the Constitution and the laws of the State of Nevada and the United States, arid pursuant to the March 12, 2020, Emergency Declaration,
IT IS HEREBY ORDERED THAT:
2020-04-08 COVID-19 Declaration of Emergency Directive 013 Orders
||To the extent this Directive conflicts with earlier Directives or regulations promulgated pursuant to the March 12, 2020 Declaration of Emergency, the provisions of this Directive shall prevail.
||Publicly accessible sporting and recreational venues that encourage social congregation, including without limitation, golf courses, golf driving ranges, tennis courts, basketball courts, volleyball courts, skate parks, bocce ball courts, handball courts, horseshoe pits, or pickleball courts, shall remain closed for the duration that this Directive is in effect.
||Showrooms used to display goods for sale at essential businesses, including without limitation, auto showrooms, furniture showrooms, home furnishing, or appliance showrooms, shall be closed to the public. This provision shall not be construed to prohibit the sale of goods purchased from showrooms of essential businesses via means other than in-person sales where delivery can be effected by curbside delivery, home delivery, or shipment direct to the consumer's residence.
||Places of worship shall not hold in-person worship services where ten or more persons may gather, including without limitation, drive-in and pop-up services, for the remainder of the Declaration of Emergency. Places of worship may, however, hold worship services via alternative means, including but not limited to, video, streaming, or broadcast, provided that any personnel needed to perform tasks related to such alternatives do so in a manner that is consistent with social distancing guidelines promulgated by the Nevada Health Response, the United States Centers for Disease Control and Prevention, and all Directives promulgated pursuant to the March 12, 2020 Declaration of Emergency, including without limitation, the prohibition on gatherings of ten or more persons and maintaining minimum separation distances of at least six feet between persons.
||The Nevada Occupational Safety and Health Administration of the Division of Industrial Relations shall ensure that businesses continuing operations during the state of emergency provide adequate protections to their workers and adopt sanitation protocols that minimize the risk of spread of COVID-19 among their workforce.
||Open house showings, and in-person showings of single family and multi-family residences currently occupied by renters of real estate on the market for sale, are hereby prohibited for the duration that this Directive is in effect. This provision does not prohibit the use of existing three dimensional interactive property scans; virtual tours, and virtual staging to showcase a property, and it allows, but does not require, the tenant to agree to provide photos, videos or other virtual access to the property owner for this use. Real estate professionals engaged in real estate sales during the state of emergency shall adopt precautionary measures and COVID-19 risk mitigation practices to minimize the risk of spread of the disease and are encouraged to avoid in-person transactions and services to the extent practicable. This provision shall not be construed to limit the sales of real estate during the state of emergency.
||Persons licensed by the Nevada Board of Cosmetology or State Barbers' Health and Sanitation Board are prohibited from performing in-home beauty services to persons other than those in their household, for the duration that this Directive shall be in effect. Boards are directed to impose disciplinary measures against licensees who violate this provision.
||Essential licensed businesses providing services or selling goods to the public shall implement measures to control in-store traffic to ensure social distancing standards are maintained. These businesses shall ensure that customers, patrons, and patients queued to enter the premises or pay for goods are adequately spaced in a manner consistent with COVID-19 social distancing standards.
||Supermarkets and grocery stores operating as essential businesses are prohibited from offering self-serve food stations, salad bars, or unpackaged bulk dry goods to customers. Bulk dry goods, including without limitation, nuts, seeds, trail mix, coffee, or beans, may be sold only if offered in pre-weighed portions prepackaged by an employee. Additionally, supermarkets and grocery stores should follow the guidance provided in the Nevada Health Response Guidance on Protecting Grocery Store Personnel issued April 8, 2020, including any future amendments thereto.
|| It is hereby reaffirmed that a violation of Sections 1 through 3 of Directive 008 constitutes the use of coercion, duress, or intimidation in a transaction pursuant to NRS 598.0923(4).
||Government agencies may use all existing civil and criminal statutes, ordinances, codes, and regulations to enforce the provisions of this Directive.
||The provisions of this Directive shall take effect on April 8th, 2020 at 11:59 p.m.
||This Directive shall remain in effect until April 30, 2020, unless renewed by a subsequent Directive promulgated pursuant to the March 12, 2020 Declaration of Emergency to facilitate the State's response to the COVID-19 pandemic.