
The Jackson Town Council has taken action to support their response to the COVID-19 coronavirus pandemic and told residents to stay at home.
The Jackson Town Council held an emergency meeting today where Dr. Travis Riddell of Teton County Health expressed his disappointment about his dealings with the State of Wyoming Department of Health and their reluctance to impose a countywide or statewide stay-at-home order. Riddell said he is submitting a request nonetheless.
Mayor Muldoon and the council had waited until today to vote on the proposal hoping to hear from the State. When that did not happen, they acted on their own and imposed an emergency ordinance valid on citizens in the Town of Jackson. It does not apply to residents outside the city limits.
The ordinance would order that all residents including older adults with high risk medical conditions limit their movement and gathering with other individuals who are not their immediate family.
It also recommends that visitors to Jackson return home immediately and that persons considering visiting should remain home.
Non-resident homeowners are strongly encouraged to leave or not travel to Jackson.
Jackson residents returning from travel outside the area are ordered to limit gathering with other individuals who are not their immediate family and may leave their residences only to perform essential activities for a period of self-quarantine lasting at least fourteen days.
Essential services were generally determined to be healthcare, charitable and religious services, hotels and other lodging businesses, grocery stores, newspapers, television, radio, gas stations and auto supply, auto repair, banks, hardware and sporting goods stores. Plumbers, electricians, exterminators, internet or broadband providers, mailing and shipping services, laundromats, dry cleaners, and laundry service providers, restaurants and other facilities that prepare and serve food off premises.
Businesses not listed can ask the town to add them to the list.
A complete list of essential services is included in the ordinance:
EMERGENCY ORDINANCE 1249
AN EMERGENCY ORDINANCE TO STAY-AT-HOME FOR ALL WITHIN THE TOWN OF JACKSON TO LIMIT THE SPREAD OF COVID-19 IN THE TOWN OF JACKSON; AND OTHER RESTRICTIONS WITHIN THE TOWN OF JACKSON, WYOMING; DECLARING AN EMERGENCY, PROVIDING FOR AN EFFECTIVE DATE AND A TIME FOR TERMINATION.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF JACKSON, WYOMING, IN REGULAR SESSION DULY ASSEMBLED, THAT:
SECTION I.
WHEREAS, on or about December 31, 2019, a new and significant outbreak of pneumonia with an unknown source was detected in Wuhan City, Hubei Province China.
WHEREAS, the World Health Organization declared the outbreak of COVID-19 as a worldwide pandemic as of March 11, 2020; and
WHEREAS, there is currently no vaccine or drug therapy available for COVID-19; and
WHEREAS, the President of the United States declared a national emergency concerning the novel coronavirus disease (COVID-19) on March 13, 2020, specifically stating that in “December 2019 a novel (new) coronavirus known as SARS-CoV-2 (“the virus”) was first detected in Wuhan, Hubei Province, People’s Republic of China, causing outbreaks of the coronavirus disease (COVID-19) that has now spread globally. . . . The spread of COVID-19 within our Nation’s communities threatens to strain our Nation’s healthcare systems. . . . Additional measures . . . are needed to successfully contain and combat the virus in the United States.” The National Emergency Declaration went on to declare that the COVID-19 outbreak in the United States constitutes a national emergency, and the State of Wyoming is experiencing a public health emergency in response to the evolving outbreak of the novel coronavirus as of March 11, 2020; and
WHEREAS, Mark Gordon, Governor of the State of Wyoming, declared a State of Emergency for the State of Wyoming on March 13, 2020, stating that on March 11, 2020 an individual within the State of Wyoming tested presumptive positive for COVID-19 and the State of Wyoming is experiencing a public health emergency in response to the evolving outbreak of the novel coronavirus as of March 11, 2020. The Declaration of a State of Emergency directs the Director of the Wyoming Department of Health to take all appropriate and necessary actions and in the Director’s judgment any actions necessary to provide aid to those locations where there is a threat or danger to public health, safety and welfare”; and
WHEREAS, Teton County is an isolated rural community with a single small hospital with limited resources including only six (6) Intensive Care Unit beds and no critical care specialists, the University of Utah healthcare system, which usually accepts transfer of critically ill patients from Teton County, is closed to outside transfers due to the overwhelming case volume of COVID-19 in their community, other regional referral centers are expected to take similar measures soon, and Teton County Hospital District is therefore already taking on an increased caseload of critically ill patients with diagnoses other than COVID-19 who normally would be immediately transferred elsewhere; and
WHEREAS Teton County Hospital District routinely serves patients not only from within Teton County but also from Lincoln County, WY, Sublette County, WY, Fremont County, WY, and parts of Eastern Idaho who will further stress its capacity, making it critical that Teton County take steps to slow the spread of COVID-19 infection so as not to overwhelm the local healthcare system in such a way that would result in many preventable deaths; and
WHEREAS, Teton County presently has more than ten (10) confirmed cases of the Coronavirus (COVID-19) with documentation of community spread with over half of cases in the last 48 hours, indicating a rapidly increasing rate of transmission;
WHEREAS, this evidence shows that Covid-19 is now aggressively spreading across the community with the confirmation of community spread of COVID-19 in Wyoming and, specifically, the Teton County Health Department confirming community spread in Teton County, Wyoming, which indicates a significantly increasing risk of exposure and infection to Town of Jackson residents and creates an extreme public health risk; and
WHEREAS, local hospital administrators and health care providers have expressed concerns that unless the spread of COVID-19 is limited, existing health care facilities may be insufficient to care for those who become sick; and
WHEREAS, Dr. Travis Riddell, MD serves as the Teton District Health Officer pursuant to Wyoming Statute §35-1-306(a) and this Ordinance is enacted in accordance with his advice and expertise and the measures herein are the least restrictive measures necessary to protect the public from the COVID-19 pandemic and prevent the overwhelming of the community’s medical resources; and
WHEREAS, this Ordinance is enacted on the advice of leading national health authorities that no locality, regardless of whether they have already identified COVID 19 cases, will be immune from the spread of the virus, particularly given the absence of reliable testing protocols in most jurisdictions; scientific evidence regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID-19 specifically; as well as best practices as currently known and available to protect vulnerable members of the public from avoidable risk of serious illness or death resulting from exposure to COVID-19. Although most individuals who contract COVID-19 do not become seriously ill, persons with mild symptoms and asymptomatic persons with COVID-19 may place other vulnerable members of the public at significant risk; and
WHEREAS, given the Town’s prominence as a tourist destination for domestic and international travelers, and given the risk of transmission of COVID-19 through public contacts among visitors, locals, and the service providers in close contact where people gather, the Town Council has determined that the closure of venues and facilities where members of the public congregate within the Town is critical to minimize the risk of expedited transmission that would, if unimpeded, place an overwhelming burden and have devastating impacts on the community’s healthcare systems, facilities, supplies, and providers; and
WHEREAS, this Ordinance will reduce the likelihood that most high-risk individuals will be exposed to COVID- 19, and it will thereby slow the spread of COVID-19 in our community. By reducing the spread of COVID-19, this Ordinance will help preserve critical and limited healthcare capacity in the Town; and
WHEREAS, Wyo. Stat. Ann. §15-1-103(a)(xviii) empowers “[t]he governing bodies of all cities and towns [to]: . . . [r]egulate, prevent or suppress riots, disturbances, disorderly assemblies or parades, or any other conduct which disturbs or jeopardizes the public health, safety, peace or morality, in any public or private place” and the Town finds that the activities being restricted by this Ordinance severely jeopardize the health, safety, welfare and lives of the residents of the Town of Jackson; and
WHEREAS, Wyo. Stat. Ann. §15-1-103(a)(xli) empowers “[t]he governing bodies of all cities and towns [to]: . . . [a]dopt ordinances, resolutions and regulations, including regulations not in conflict with this act and necessary for the health, safety and welfare of the city or town, necessary to give effect to the powers conferred by this act . . . .” and the Town finds that this Ordinance is not in conflict with state statute and that this ordinance is necessary for the health, safety, welfare and lives of the residents of the Town of Jackson; and
WHEREAS, Wyo. Stat. Ann. §15-1-103(xix) empowers “[t]he governing bodies of all cities and towns [to]: . . . “declare and abate nuisances and impose fines upon parties who create, continue or permit nuisances to exist” and the Town finds that this Ordinance is necessary to abate the nuisance of COVID-19 to protect and preserve the health, safety, welfare and lives of the residents of the Town of Jackson.
- Each of the provisions of this Ordinance are effective immediately upon passage and continuing until 11:59 p.m. on April 17, 2020.
- All individuals currently within the Town of Jackson are ordered to stay at home, their place of residence, or current place of abode (hereinafter “residence”) except as set forth herein. To the extent individuals are using shared or outdoor spaces when outside their residence, they must at all times and as much as reasonably possible, maintain social distancing of at least six (6) feet from any other person, with the exception of family or household members, consistent with the Social Distancing Requirements defined herein. All persons may leave their homes or place of residence only for Essential Activities all as defined below.
Individuals experiencing homelessness are exempt from this Ordinance, but are strongly urged to obtain shelter that meets Social Distancing Requirements. Individuals whose residences are unsafe or become unsafe, such as victims of domestic violence, are permitted and urged to leave their home and stay at a safe alternative location.
- Persons may leave their residences, returning immediately thereafter, and travel to perform any of the following “Essential Activities” and workers may enter the Town of Jackson to perform any of the following “Essential Activities”: a. For Health and Safety: To engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members (including, but not limited to, pets) such as, by way of example only and without limitation, obtaining medical supplies or medication, visiting a health care professional, or obtaining supplies they need to work from home.
- For Supplies and Services: To obtain necessary services or supplies for themselves and their family or household members, or to deliver those services or supplies to others, such as, by way of example only and without limitation, canned food, dry goods, fresh fruit and vegetables, pet supply, fresh meats, fish, and poultry, and any other household consumer products, and products necessary to maintain the safety, sanitation, and essential operation of residences.
- For Outdoor Activity: To engage in outdoor activity, provided the individuals comply with Physical Distancing Requirements defined herein such as, by way of example and without limitation, walking, hiking or running.
- For Certain Types of Work: i) To perform work at an Essential Business and ii) to performMinimum Basic Operations at a business not defined as an Essential Business.
- To Care of Others: To care for a family member or pet in another household.
- Definitions for the purpose of this Ordinance are defined as follows: a. Essential Businesses: In order to slow the spread of COVID-19, it is necessary to reduce the instances where individuals interact with one another in a manner inconsistent with the Social Distancing Requirements as defined below. Many of those interactions occur at work. At the same time, it is necessary that certain businesses essential to the response to COVID-19, necessary to the infrastructure of the community and State of Wyoming, or imperative for the day-to-day life residents, remain open.
For purposes of this Ordinance, an Essential Business includes the following businesses:
- Healthcare Operations: Including hospitals, clinics, dentists (for emergency care only), pharmacies, pharmaceutical and biotechnology companies, other healthcare facilities, health-related laboratory services, healthcare suppliers, home healthcare service providers, physical therapy, mental health providers, or any related and/or ancillary healthcare services. “Healthcare Operations” also includes veterinary care and all healthcare services provided to animals. This exemption shall be construed broadly to avoid any impacts to the delivery of healthcare, broadly defined. “Healthcare Operations” does not include fitness, exercise gyms, one-on-one or group trainers.
- Essential Governmental Functions: All services needed to ensure the continuing operation of the government agencies. All Essential Governmental Functions shall be performed in compliance with Physical Distancing Requirements as defined herein, to the greatest extent possible.
iii. Essential Infrastructure: Includes, but is not limited to, public works, construction, construction of housing or buildings, airport operations, water, sewer, gas, electrical, roads/highways, pathways, public transportation, solid waste collection and removal, internet, and telecommunications systems (including the provision of essential global, national and local infrastructure for computing services, business infrastructure, communications, and web-based services), provided that they carry out these services or that work in compliance with Physical Distancing Requirements as defined by this Ordinance, to the greatest extent possible.
- Stores That Sell Groceries and Medicine: Grocery stores, farmer’s markets, food banks, convenience stores, and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pet supplies, fresh meats, fish, poultry, and any other household consumer products (such as cleaning and personal care products) and specifically includes their supply chain and administrative support operations. This includes stores that sell groceries, medicine, including medication not requiring a medical prescription, and also sell other non-grocery products, wholesale items and products
necessary to maintaining the safety, sanitation, and essential operation of residences.
- Food Cultivation: Food cultivation, including greenhouses, farming and livestock operations, and fishing.
- Charitable, Religious and Social Services: Businesses and organizations that provide food, shelter, social services, religious and pastoral services, and other necessities of life for spirituality, economically disadvantaged or otherwise needy individuals, and individuals who need assistance as a result of this emergency, and people with disabilities.
vii. Media: Newspapers, television, radio, and other media services.
viii. Transportation-related business: Gas stations and auto supply, auto repair, and auto-related facilities.
- Financial and Insurance Institutions: Banks, credit unions, appraisers, title companies, insurance companies, and related financial and insurance institutions.
- Hardware stores.
- Sport Stores: Sporting goods stores.
xii. Critical Trades: Plumbers, electricians, exterminators, internet or broadband providers, cleaning and janitorial staff for commercial and governmental properties, security staff, operating engineers, HV/AC, painting, cleaning services and others who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, and Essential Businesses.
xiii. Mail, Post, Shipping, Logistics, Delivery, and Pick-Up Services: Post offices and other businesses that provide shipping and delivery services, and businesses that ship or deliver groceries, food, alcoholic and non-alcoholic beverages, and goods through commercial or government channels.
xiv. Educational Institutions: Public and private daycare through 12th grade schools, colleges, and universities for purposes of facilitating distance learning or performing essential functions.
- Laundry Services: Laundromats, dry cleaners, and laundry service providers.
xvi. Restaurants for Consumption Off-Premises: Restaurants and other facilities that prepare and serve food, but only for delivery or curbside carry out, as set forth in Teton District Public Health Order #2.
xvii. Transportation: Airlines, airports, taxis, transportation network providers, commercial and public transportation and logistics providers, and other private transportation providers providing transportation services necessary for Essential Activities and other purposes expressly set forth herein.
xviii. Home-Based Care: Businesses and organizations that provide home-based care for seniors, adults, and children, including people with developmental disabilities, intellectual disabilities, substance abuse disorders or mental illness, including nannies who may travel to the individual’s home to provide care.
xix. Residential Facilities and Shelters: Residential facilities and shelters for seniors, adults, and children, including people with developmental disabilities, intellectual disabilities, substance abuse disorders or mental illness, including nannies who may travel to the individual’s home to provide care.
- Professional Services: Professional services such as legal and accounting services, when necessary to assist in compliance with legally mandated activities.
xxi. Funeral Services: Funeral homes, mortuaries, crematoriums, cemeteries, graveyards and other related services.
xxii. Liquor: Liquor stores and businesses with a Town-issued liquor license.
xxiii. Overnight Lodging: Overnight lodging and short-term lodging facilities (including but not limited to hotels, motels, condos, townhomes, single-family residences, guest homes, RV parks, and all camping on public or private lands) within the Town of Jackson, Wyoming that check-in, rent, or lease to Essential Visitors and Primary Residents.
xxiv. Businesses Excluded from the List: Businesses excluded from the list of Essential Businesses set forth above that believe they may be essential may direct requests to be included to the Town Manager of the Town of Jackson. The Town Manager may grant such request if it determines that it is in the best interest of the community to have the business continue operations in order to properly respond to this COVID-19 pandemic.
- Essential Visitor means any individual renting lodging or camping for an amount of time less than thirty days for the purposes of work within Teton County, Wyoming.
- Primary Residents are individuals who: i. Rent lodging for periods of thirty days or more; or
- No matter the length of stay, are in the United States on J1 Visa or similar immigration status; or
iii. No matter the length of stay, whose primary address is within Teton County, Wyoming; or
- No matter the length of stay, those who are employed at a business in Teton County, Wyoming.
- Minimum Basic Operations includes the following, providing that employees comply with the Physical Distancing Requirements as defined herein, to the extent possible, while carrying out such operations: i. The minimum necessary activities to maintain the value of the business’s inventory, ensure security, process payroll and employee benefits, or for related functions.
- The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences.
- Physical Distancing Requirements includes maintaining at least six-foot distance, washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high touch surfaces and not shaking hands.
- For clarity, businesses and organizations that are not defined herein as an Essential Business may also continue operations consisting exclusively of employees or contractors performing activities remotely and/or consisting of Minimum Basic Operations. All Essential Businesses are strongly encouraged to remain open. To the greatest extent feasible, Essential Businesses shall comply with Social Distancing Requirements as defined herein for both employees and members of the public, including, but not limited to, when any customers are standing in line.
- That residents of the Town of Jackson, Wyoming who leave the geographic area of the State of Wyoming, Bonneville County, Idaho, Teton County, Idaho and any visitors, excepting workers, that visit Jackson, Wyoming from that same geographic area shall limit movement and gathering with other individuals who are not their immediate family upon their return to the Town of Jackson, Wyoming. Persons may leave their residences only to perform any of the Essential Activities, as defined above, for a period of self-quarantine lasting at least fourteen days or self-isolation until any fever or respiratory illness has resolved and they have returned to normal health for at least three days, whichever is longer.
SECTION II.
The provisions of this Ordinance are effective through 11:59 p.m. on April 17, 2020 unless sooner repealed, after which time they shall become null and void.
SECTION III.
If any section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portions of the ordinance.
SECTION IV.
Adoption of this Ordinance shall be by emergency ordinance provisions under suspension of rules and approved by not less than three quarters (3/4) of the qualified members of the governing body as required and set forth in Section § 15-1-115 of the Wyoming Statutes. This Ordinance shall take effect immediately upon proclamation by the Mayor.
PASSED the 28th day of March 2020.
TOWN OF JACKSON
ATTEST: Pete Muldoon, Mayor
Sandra P. Birdyshaw, Town Clerk
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