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Emergency Order 2020-11 Regarding Parks and Open Space Facilities Emergency Order 2020-11 CITY OF BOULDER ORDER RELATED TO DECLARATION OF LOCAL DISASTER EMERGENCY A disaster emergency was declared by the city manager on March 14, 2020. The city council confirmed and extended the emergency declaration until further notice at the March 16, 2020 special council meeting. Pursuant to Section 2-2.5-7 “Powers” B.R.C. 1981, the city manager finds a need to issue this order in order to protect the health, safety and welfare of persons or property within the city or to otherwise preserve the public peace or abate, clean up or mitigate the effects of any disaster emergency. On March 13, 2020, the city manager issued Emergency Rule 8-3-3.B.2D which provided that “The following City facilities are closed to the public beginning Friday, March 13, 2020 until further notice: All Libraries, Age Well Centers, the Chautauqua Ranger Cottage and all Parks and Recreation facilities other than the Golf Course and the Boulder Reservoir.” Rule 8-3-3.B.2D is in full force and effect. Nothing in this order is intended to supersede Rule 8-3-3.B.2D. On March 24, 2020, the city manager issued Emergency Order 2020-6 directing residents of the city to stay at home. The order provided for closure of parks facilities that would encourage or require gatherings of residents that would put those residents and our community at risk. On March 25, 2020, Boulder County Public Health issued an order directing residents of Boulder County to stay at home. On March 25, 2020, the city manager issued Emergency Order 2020-9 repealing Emergency Order 2020-6 to avoid confusion. On March 26, 2020, The Colorado Department of Health and Environment issued Public Health Order 2020-24 implementing executive order D 2020 17 directing residents of the State of Colorado to stay at home. Public Health Order 2020-24 allows residents to engage in “Necessary Activities.” Section III.A.3 of Public Health Order 2020-24 defines “Necessary Activities” to include the following: “Engaging in outdoor activity, such as, by way of example and without limitation, walking, hiking, nordic skiing, snowshoeing, biking or running. For purposes of outdoor activity, State parks will remain open to the public to engage in walking, hiking, biking, running, and similar outdoor activities but all playgrounds, picnic areas, other similar areas conducive to public gathering, and attended areas shall be closed. For other parks, check with the local jurisdiction and follow any requirements for that jurisdiction. Additionally, the permitted outdoor activities in this PHO do not include activities that would violate the Social Distancing Requirements defined in Section III.F, below.” Boulder is a densely populated urban environment. As a result, before certain sports facilities were closed, crowds gathered to use or wait to use certain facilities, such as tennis courts and disc golf courses. Other facilities, such as dog parks, provide only a single point of entry at which users congregate. These facilities are “conducive to public gathering” and a risk to public health and safety. To comply with Public Health Order 2020-24, the following facilities have been deemed “conducive to public gathering” and remain closed pursuant to Rule 8-3- 3.B.2D or if not subject to that rule are closed effective immediately: 1. Basketball Courts 2. Volleyball Courts 3. Tennis Courts 4. Golf Courses, including Flatirons Golf Course and the Disc Golf Courses 5. Outdoor Aquatic Facilities 6. Valmont Bike Park 7. Dog Parks 8. Parks Picnic Areas and Shelters 9. Playgrounds 10. Skate Parks 11. Open Space Picnic Areas, Nature Centers and Shelters Hiking trails, trailheads and multi-use paths remain open, provided, however, that all users shall remain at least six feet from any other user at all times. This order is necessary to prevent the assembly of large groups of people which will present a risk of infection during the disaster emergency. Once issued, this order may be changed from time to time during the period of a declared disaster emergency based upon the discretion of the city manager. Enforcement: Pursuant to Section 2-2.5-8 “Adherence to Emergency Orders” B.R.C. 1981, Police, code enforcement and such other law enforcement and peace officers as may be authorized by the city manager shall be authorized to enforce the orders, rules and regulations made or issued pursuant a declared disaster emergency. Notice: All members of the public shall be deemed to have been given notice of the restrictions contained within a declaration upon its dissemination to the news media or publication on city websites or by use of other means of publicity. Violation of Order: During the period of a declared disaster emergency, a person shall not: (1) Enter or remain upon the premises of any establishment not open for business to the general public, unless such person is the owner or authorized agent of the establishment; (2) Violate any of the orders duly issued by the city manager or designee pursuant to such declaration; or (3) Willfully obstruct, hinder or delay any duly authorized city officer, employee or volunteer in the enforcement or exercise of the provisions of this chapter, or of the undertaking of any activity pursuant to this chapter. DATE: _____________ 2020, ___________ a.m. / p.m. __________________________________ City Manager or other Authorized City Official as designated by Chapter 2-2.5 “Civil Emergencies and Disasters” B.R.C., 1981. April 2 2:30 pm Jane S. Brautigam