ORDER OF THE HEALTH OFFICER
OF THE COUNTY OF MARIN LIFTING ALL RESTRICTIONS
ON MOTORIZED ACCESS TO PARKS AND OPEN SPACES
DATE OF ORDER: May 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:
1. This Order supersedes the May 15, 2020 Order (“Prior Order”) of the Health Officer Allowing Access to Certain Parks and Open Spaces, and Directing that Others Remain Closed to Motorized Access. This Order lifts all of the Prior Order’s restrictions related to motorized access to outdoor recreation areas within Marin County (“the County”), leaving it to local jurisdictions to allow, limit or prohibit motorized access to those areas as appropriate in order to slow the transmission of Novel Coronavirus Disease 2019 (“COVID-19”).
2. When people need to leave their places of residence, they should remain as close to the same as practicable and at all times comply with Social Distancing Requirements as defined in the May 15 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 “Shelter in Place Order”) or any subsequently issued order of the Health Officer. All individuals living within the County are still required to shelter at their place of residence, and may leave only for the reasons allowed in the Shelter in Place Order. All provisions of this Order should be interpreted to effectuate this intent. 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.
3. All agencies and jurisdictions operating public outdoor recreation areas, including but not limited to parks and open spaces (hereinafter, “Park Facilities”), within the County are hereby authorized to reopen all operations and services related to facilitating the public’s motorized access to all Park Facilities located within the County. This means that people will now be able to drive to and park at or near many of the Park Facilities within the County for the purpose of engaging in Essential Activities as defined in the Shelter in Place Order, including outdoor exercise. However, local jurisdictions and authorities are authorized and encouraged to continue prohibiting as much motorized access to any Park Facility, even those otherwise entitled to reopen under this Order, as necessary to prevent crowds that cannot feasibly comply with the Social Distancing and other requirements of this and other Health Officer orders. All Park Facilities reopening to motorized access must be actively monitored and managed by the appropriate authority. Such management includes continuing to close by signage and/or physical barriers all portions of Park Facilities that remain off limits to the public.
4. This Order is based on evidence of reduced transmission of COVID-19 within the County and the assessment of the Health Officer that the County has achieved certain benchmarks necessary to allow increased access to Park Facilities, especially given the lower likelihood of COVID-19 transmission when outside and the ability of individuals to adequately comply with all Social Distancing Requirements when using Park Facilities.
5. 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 assess the evolving situation and may modify or extend this Order, or issue additional Orders, related to COVID-19.
6. This Order shall become effective on June 1, 2020 and will continue to be in effect until it is extended, rescinded, superseded, or amended in writing by the Health Officer, or until the Shelter in Place Order and any subsequently issued order of the Health Officer are lifted at which time this Order will expire automatically.
7. Copies of this Order shall promptly be: (1) transmitted to every agency operating a park 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.
8. 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: May 29, 2020
Health Officer of the County of Marin