Half-Occupancy Emergency Order Issued

Thomas Breen photo

Mayor Elicker, with Health Director Bond.

Movie theaters, restaurants, bars, and all other local establishments that can fit 16 more people inside at a time have been ordered by the mayor to cut their occupancy levels in half starting Sunday in the city’s latest efforts to stop the spread of the COVID-19 coronavirus.

The emergency order will remain in place through April 15.

Mayor Justin Elicker made that announcement in a press release sent out Friday afternoon.

According to the release, Elicker has issued an emergency order to implement half-occupancy for Elm City establishments in response to the growing concern of the spread of COVID-19, and in direct response to Connecticut Governor Lamont’s declaration of a statewide, public health emergency.”

See the full emergency order below.

There is no question that COVID-19 poses a real threat to the health and well-being of our residents, and those that may be traveling to New Haven,” Elicker is quoted as saying in the release. In an abundance of caution, and to reduce the spread of the virus, we are enforcing that all establishments have their occupancies reduced by half.”

The order will be enforced by the New Haven Fire Department starting Sunday, March 15.

The order singles out motion picture theaters, symphony and concert halls, television and radio studios admitting an audience, theaters, banquet halls, casinos, nightclubs, restaurants, cafeterias, dining facilities, taverns, and bars with capacities for 16 people or more as sample establishments affected by the order.

The move comes on the same day that President Donald Trump declared a national emergency around the coronavirus pandemic and pledged to make available to states $50 billion in federal funds to combat the spread of the virus. It comes a day after Lamont signed an executive order prohibiting gatherings of 250 people or more statewide.

According to the state’s latest test results, a total of 11 Connecticut residents have tested positive for coronavirus as of Friday afternoon. There have been 29 state public health lab tests of New Haven County residents. All of those testes have returned negative.

Read the full order below.

EMERGENCY ORDER REGARDING PUBLIC CAPACITY OF CERTAIN ESTABLISHMENTS FOR THE CITY OF NEW HAVEN

WHEREAS, on March 10, 2020, the Governor of the State of Connecticut, the Honorable Ned Lamont, declared a public health emergency and a civil preparedness emergency for the State of Connecticut, pursuant to Connecticut General Statutes Sections 19a-131 and 28 – 9, in response to the global pandemic of COVID-19 disease associated with a novel coronavirus that is currently affecting multiple countries and states; and,

WHEREAS, Section 11 – 6 of the Charter of the City of New Haven reads:

The mayor, or his duly authorized representative or representatives, is authorized to promulgate such orders, rules, and regulations as may be necessary to carry out the purposes of this chapter in the furtherance of the emergency management plan and program and to protect life and property. All orders, rules, and regulations authorized by this chapter shall be in writing and shall be available for public inspection at the place and during the hours specified by the Mayor.

(Ord. of 12 – 29-50, § 9; Ord. of 12 – 4‑89, § 7)

and,

WHEREAS, Section 11 – 7 of the Charter of the City of New Haven reads:

At all times when the orders, rules and regulations made and promulgated pursuant to this chapter shall be in effect, they shall supersede all existing ordinances, orders, rules, and regulations insofar as the latter may be inconsistent therewith.

(Ord. of 12 – 29-50, § 10)

and,

WHEREAS, the effects the spread of COVID-19 have resulted in the spread of infections in New Haven and surrounding communities, both in Connecticut and neighboring states; and

WHEREAS, due to the significant adverse impact on public health of COVID-19, the Mayor must take action for the purpose of mitigating the adverse effects of this emergency situation upon the residents of New Haven; and

WHEREAS, among best practices and prescribed measures of mitigation in light of this public health emergency is social distancing; and

WHEREAS, the powers granted by the City Charter to the Mayor of the City of New Haven proclaim said Mayor to have and exercise all executive and administrative powers conferred by the General Statutes upon any municipal chief executive; and

WHEREAS, the duties assigned by the City Charter to the Mayor of the City of New Haven of require said Mayor to cause the Charter, the Ordinances and laws to be executed and enforced, and to conserve the peace within the City. The Mayor shall be responsible for the good order and efficient government of the City; and

WHEREAS, in response to the issuance of a declaration of a public health emergency and a civil preparedness emergency by the Governor of this State and the spread of COVID-19 to a resident of the City of New Haven, the Chief Executive of the City of New Haven, its Mayor, hereby; and

WHEREAS, it is in the best interests of the City and People of New haven to promote public health and to mitigate the impacts of the pending public health emergency;

NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED that, pursuant to the powers and duties granted in the Charter of the City of New Haven, in response to the public health emergency now facing the City of New Haven, and in accordance with consultation from the City’s public health officials, effective on Sunday, March 15, 2020 at 12:01 a.m. any and all establishments subject to the 2018 Building Code of Connecticut, Chapter 3, §303.2, Assembly Group A‑1, including, but not limited to motion picture theaters, symphony and concert halls, television and radio studios admitting an audience and theaters; and, the 2018 Building Code of Connecticut, Chapter 3, §303.3, Assembly Group A‑2 including, but not limited to: banquet halls, casinos (gaming areas), nightclubs, restaurants, cafeterias and similar dining facilities (including associated commercial kitchens), taverns and bars, with seating capacity of sixteen (16) or more, as enforced by the New Haven Fire Department, are to have their allowable limits on capacity reduced by half the approved or posted occupancy; and that such public health and illness mitigation order shall remain in effect until April 15, 2020, (the effective period”) unless amended or earlier terminated by me, and

IT IS FURTHER PROCLAIMED AND ORDERED that, during the effective period, the Chief Executive of the City of New Haven, Connecticut, its Mayor, the Honorable Justin Elicker specifically directs that these standards for capacity be strictly adhered to, and that the enforcement of these temporary standards for and capacity to be strictly applied. This order will be made publicly available for inspection and review in the Office of the Town Clerk of the City of New Haven.

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