ORDER OF THE HEALTH OFFICER
OF THE COUNTY OF MARIN DIRECTING
ALL PARKS, CAMPGROUNDS, AND OPEN SPACES TO CONTINUE
CLOSING TO MOTORIZED ACCESS
DATE OF ORDER: April 29, 2020
Please read this Order carefully. Violation of or failure to comply with this Order is a misdemeanor punishable by fine, imprisonment, or both. (California Health and Safety Code § 120295, et seq.; Cal. Penal Code §§ 69, 148(a)(1), et seq.)
UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 101040, 101085, AND 120175, THE HEALTH OFFICER OF THE COUNTY OF MARIN (“HEALTH OFFICER”) ORDERS:
- This Order supersedes the March 31, 2020 Order (“Prior Order”) of the Health Officer Directing All Parks, Campgrounds, and Open Spaces to Further Close Motorized Access. This Order extends the terms of the Prior Order to continue slowing the transmission of Novel Coronavirus Disease 2019 (“COVID-19”) while at the same time still enabling essential activities including localized outdoor exercise to continue.
- When people need to leave their places of residence, they should remain as close to the same as reasonably possible and at all times comply with Social Distancing Requirements as defined in the April 29 Order of the Health Officer of the County of Marin Directing All Individuals Living in the County to Continue Sheltering at Their Place of Residence (the “April 29 Order”). All provisions of this Order should be interpreted to effectuate this intent. Failure to comply with any of the provisions of this Order constitutes an imminent threat and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment, or both.
- All agencies and jurisdictions operating public outdoor recreation areas, including but not limited to parks, campgrounds, and open spaces (hereinafter, “Park Facilities”), within Marin County (the “County”) are hereby directed to cease all operations and services related to facilitating the public’s motorized access to all Park Facilities located within the County. This applies to all Park Facilities within the County, regardless of ownership. Notwithstanding any provision of this Order, golf courses and driving ranges now falling within the definition of an outdoor recreation activity allowed pursuant to Section 16.a.iii.3 of the April 29 Order may, along with their related motorized access facilities, operate pursuant to Appendix 1.
- Individuals may continue to responsibly access those Park Facilities that are local to their residences and readily accessible by foot, bicycle or other non-motorized means for the purpose of engaging in Essential Activities as defined in the April 29 Order, including outdoor exercise. Such access of Park Facilities shall be exclusively by non-motorized means, except that disabled individuals with vehicles possessing current and valid Disabled Person (DP) Parking Placards or DP License Plates may continue to access Park Facilities by motorized means but only to the minimum extent necessary to engage in Essential Activities. All visitors to any Park Facility shall continue to comply with all Social Distancing Requirements, and all individuals are expected to remain local when enjoying the outdoors to the greatest extent practicable. To be clear, this Order means that any motorized vehicle driving to or parking around a Park Facility for the purpose of accessing that facility is in violation of this Order unless it is displaying a DP Parking Placard or DP License Plate, or unless it is accessing a golf course or driving range within a Park Facility to engage in an outdoor recreation activity pursuant to Appendix 1. Violation of any of the provisions of this Order constitutes an imminent threat and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment, or both.
- This Order is issued based on evidence of increasing occurrence of COVID-19 within the County and throughout the Bay Area and scientific evidence and best practices regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID-19 specifically. On recent weekends, and despite the issuance of the Prior Order, the County’s coast and parks continued to be inundated with visitors from all around the Bay Area, overcrowding local communities’ essential businesses and creating unsafe gatherings and unsafe conditions for County residents.
- This Order comes after the release of substantial guidance from the County Health Officer, the Centers for Disease Control and Prevention, the California Department of Public Health, and other public health officials throughout the United States and around the world, including a variety of prior orders to combat the spread and harms of COVID-19. The Health Officer will continue to monitor the status of COVID-19 throughout the term of this Order and may lift, add, or extend the restrictions herein, depending on the course of the COVID-19 outbreak in the County.
- Pursuant to Government Code sections 26602 and 41601 and Health and Safety Code section 101029, the Health Officer requests that the Sheriff and all chiefs of police in the County ensure compliance with and enforce this Order. The violation of any provision of this Order constitutes an imminent threat to public health.
- This Order shall become effective at 11:59 p.m. on May 3, 2020 and will continue to be in effect until 11:59 p.m. on May 31, 2020, or until it is extended, rescinded, superseded, or amended in writing by the Health Officer.
- Copies of this Order shall promptly be: (1) transmitted to every agency operating a park, campground, or open space within the County, including but not limited to the National Park Service, California State Park, and Marin Municipal Water District; (2) made available at the Bulletin Board adjacent to the entrance to the Chambers of the Board of Supervisors, Room 330, Administration Building, and in the display case in the center arch of the Hall of Justice, Marin County Civic Center, San Rafael, California; (3) posted on the County of Marin website (www.marincounty.org) as well as the County of Marin Department of Health and Human Services website (www.marinhhs.org); and (4) provided to any member of the public requesting a copy of this Order.
- If any provision of this Order or the application thereof to any person or circumstance is held to be invalid, the reminder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.
IT IS SO ORDERED:
Matt Willis, MD, MPH Dated: April 29, 2020
Health Officer of the County of Marin