Safer at Home order issued for Ellsworth County

A Safer at Home Order has been issued by the Ellsworth County Health Officers. The order goes into effect at 12:01 a.m. Monday, March 30. The full order is shown below:

ELLSWORTH COUNTY SAFER AT HOME ORDER
Emergency Public Health Order issued on this 27th day of March 2020 to mitigate the spread of
the Coronavirus (COVID-19) epidemic in Ellsworth County, Kansas, pursuant to the authority
provided in K.S.A.65-119, K.S.A. 65-129b and K.S.A. 65-202 and other applicable laws or
regulations.
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WHEREAS, the Local Health Officer is authorized and required, pursuant to K.S.A. 65-119,
K.S.A. 65-129b and K.S.A. 65-202 to immediately exercise and maintain a supervision over
known or suspected cases of any infectious or contagious disease during its continuance, and to
issue orders seeing that all such cases are properly handled and that the provisions of the Kansas
public health laws as to isolation, quarantine and disinfection are duly enforced; and
. WHEREAS, the Local Health Officer is appointed by the Board of County Commissioners and
is authorized to prohibit public gatherings when necessary for the control of any and all
infectious or contagious diseases, pursuant to K.S.A. 65-119; and
WHEREAS on the 16th day of March 2020, the Board of County Commissioners of Eilsw0l1h
County, Kansas found that a disaster had occurred, or the threat thereof was imminent within
Ellsworth County, Kansas as a result of the Coronavirus pandemic (COVID-19) and the
confirmed outbreak and person-to-person spread of COVID-19 in the United States, Kansas
and Ellsworth County; and
WHEREAS, COVID-19, is a respiratory disease that spreads easily from person to person and
may result in serious illness or death, has been confirmed in Kansas, resulting in serious illness
and at least three deaths to date in Kansas; and
WHEREAS, such conditions endanger health, safety and welfare of persons and property within
the border of Ellsworth County, Kansas; and
WHEREAS, to reduce spread of COVID- 19, the United States Centers for Disease Control and
Prevention (CDC), the Kansas Department of Health and Enviromnent (KDHE) and the
Ellsworth County Local Health Officer, all recommend implementation of community
mitigation strategies to increase contaimnent of the virus, including cancellation of large
gatherings and social distancing in smaller gatherings; and
WHEREAS, the worldwide outbreak of COVID-19 and the resulting epidemic in Kansas and
Ellsworth County continue to threaten the life and health of our citizens and visitors as well as
the economy and remains a public disaster affecting life, health, property and the public peace;
and
WHEREAS, this public health order directing individuals to stay at home is being issued
to slow the rate of community spread of COVID-19 through intensified social distancing. It is
estimated that each COVID-19 positive patient could infect between 2.6 to 4 other people.
Furthermore, there is emerging evidence in Ellsworth County of transmission by presymptomatic
and asymptomatic people, making routine case-finding and exposure tracing
strategies insufficient. Social distancing strategies are effective when implemented early enough--ideaLIy
within two weeks of the first case and are key to flattening the epidemic curve to prevent
overwhelming our local health care system's ability to care for the proportion of residents who
develop severe symptoms. Despite recent enactment of Public Health Orders (schools, bars a nd
restaurants), lack of available metrics to monitor the effect of these measures and the potentia l
dire consequences of delay led the public health community and elected officials to conclude that
further delay could lead to excess mortality. Early implementation of this strategy is even mo re
important in the context of limited testing capacity. With full community cooperation, this
proactive public health order can minimize the impact of COVID-19 on our Ellsworth County
community.
Section One: Definitions and Exemptions
a. For purposes of this Order, Social Distancing Requirements means maintaining at least
six-foot social distancing from other non-cohabitating individuals, 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.
b. For purposes of this Order individuals are directed to stay at home and leave their
residence only to perform any of the following "Essential Activities" as described below. People
at high risk of severe illness from COVID-19 and people who are sick are urged to stay in their
residence except as necessary to seek medical care.
i. 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, or visiting a health care professional;
ii. To obtain necessary services or supplies for themselves and their fami ly or
household members, to obtain supplies they need to work from home, or to
deliver those services or supplies to others, such as, by way of example only and
without limitation, canned food , dry goods, fresh fruits and vegetables, pet
supplies, fresh meats, fish, and poultry, and any other household and personal
consumer products, and products necessary to maintain the safety, sanitation, and
essential operation of residences;
iii. To engage in outdoor activity, provided the individuals comply with Social
Distancing Requirements as defined in this Section, such as, by way of example
and without limitation, walking, hiking, or running. Use of parks and other public
areas are permitted. Use of playground and outdoor or shared exercise equipment,
however, is prohibited;
iv. To perform work providing essential products and services at an Essential
Business;
v. To carry out activities specifically permitted in this Order;
vi. To provide Minimum Basic Operations. For the purposes of this order,
"Minimum Basic Operations" include the following, provided that employees
comply with the social distancing requirements as defined in this section to the
extent possible, while carrying out such operations:
a. The minimum necessary activities to maintain the value of the business's
inventory, ensure security, process payroll and employee benefits, or for
related functions ; or
b. The minimum activities necessary to facilitate employees of the business
being able to work remotely from their residences;
vii. To care for a family member or pet in another household, or engage in
transportation or to transport the family member or pet to provide for such care;
viii. To comply with valid court or administrative orders;
ix. To work for or obtain services at any "Healthcare Operations" including hospitals,
clinics, dentists, pharmacies, pharmaceutical and bioteclmology companies, other
healthcare facilities, healthcare suppliers, home healthcare services providers,
mental health providers including pastoral or other counselors,
intellectual/developmental disability 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 health care, broadly defined.
"Healthcare Operations" does not include activities at fitness and exercise gyms
·and similar facilities;
x. To provide any services or perform any work necessary to the operations and
maintenance of "Essential Infrastructure," including, but not limited to, public
works construction, construction or repair of housing (in particular affordable
housing or housing for individuals experiencing homelessness), commercial
construction, airport operations, water, sewer, gas, electrical, oil refining, roads
and highways, 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 those
services or that work in compliance with Social Distancing Requirements as
defined this Section, to the extent possible.
c. For purposes of this Order, all first responders, public health, emergency management
personnel, essential responders to the County's emergency operations center, emergency
dispatchers, court persOlmel, and law enforcement personnel, and others working for or to
support Essential Businesses are categorically exempt from this Order. Further, nothing
in this Order shall prohibit any individual from performing or accessing "Essential
Governmental Functions" provided said individuals perform these duties following the
guidance of the Local Health Officer or delegated public health personnel. Essential
Governmental Functions means all services needed to ensure the continuing operation of
the government agencies and provide for the health, safety and welfare of the public,
including judicial functions. All Essential Governn1ental Functions shall be performed in
compliance with Social Distancing Requirements as defined this Section, to the extent
possible.
d. For the purposes of this Order, covered businesses include any for-profit, non-profit, or
educational entities, regardless of the nature of the service, the function they perform, or
its corporate or entity structure.
e. For the purposes of this Order, "Essential Businesses" is defined as those businesses that
fall under the Kansas Essential Function Framework (KEFF) as outlined in Governor
Laura Kelly's Executive Order NO. 20-15. While Executive Order 20-15 states that
Essential Businesses may be required to seek a declaration of the Local Health Officer to
confirm their status, it also states that a Local Health Officer may not deny approval to
any business in the listed categories. Therefore, businesses in the following categories are
approved as Essential Businesses for the purposes of the Ellsworth County Safer at
Home order without the needforfurther approval of the Health Officer:
KEFF 100 CONNECT
1. Operate Core Information Technology Networks
2. Provide Cable Access Network Services
3. Provide Internet Based Content Information and Communication Services
4. Provide Internet Routing, Access, and Connection Services
5. Provide Positioning, Navigation, and Timing Services
6. Provide Radio Broadcast Access Network Services (includes Traditional
Television)
7. Provide Satellite Access Network Services
8. Provide Wireless Access Network Services
9. Provide Wireline Access Network Services
KEFF 200 DISTRIBUTE
1. Distribute Electricity
2. Maintain Supply Chains for Essential Functions and Critical Infrastructure
(as defined by DHS)
3. Transmit Electricity
4. Transport Cargo and Passengers by Air
5. Transport Cargo and Passengers by Rail
6. TranspOlt Cargo and Passengers by Road
7. Transport Cargo and Passengers by Vessel
8. Transport Materials by Pipeline
9. Transport Passengers by Mass Transit
KEFF 300 MANAGE
1. Conduct Elections
2. Operate Media Outlets
3. Develop and Maintain Public Works and Services
4. Educate and Train Essential Functions Personnel
5. Enforce Law
6. Maintain Access to Medical Records
7. Manage Hazardous Materials and Waste
8. Manage Wastewater
9. Operate Govenmlent
10. Perform Cyber Incident Management Capabilities
11 . Prepare for and Manage Emergencies
12. Preserve Constitutional Rights
13. Protect Sensitive Information
14. Provide and Maintain Critical Infrastructure
15. Provide Capital Markets and Investment Activities
16. Provide Consumer and Commercial Banking Services
17. Provide Funding and Liquidity Services
18. Provide Identity Management and Associated Trust SUppOlt Services
19. Provide Insurance Services
20. Provide Medical Care and Services, Including Mortuary Services
21. Provide Payment, Clearing and Settlement Services
22. Provide Public Safety
23 . Provide Wholesale Funding
24. Store Fuel and Maintain Reserves
25. Support Community Health and Mental Health Services
KEFF 400 SUPPLY
1. Exploration and Extraction of Fuels
2. Fuel Refining and Processing Fuels
3. Generate Electricity
4. Manufacture Equipment Used for Essential Functions or Critical
Infrastructure (as defined by DHS)
5. Produce and Provide Agricultural Products and Services
6. Produce and Provide Human and Animal Food Products and Services
7. Produce Chemicals
8. Provide Metals and Materials
9. Provide Housing
10. Provide Information Technology Products and Services
11. Provide Materiel and Operational Support to Defense
12. Research and Development
13. Supply Water
f. Furthermore, pursuant to the same Executive Order No. 20-15, local issuing authorities
may grant additional exemptions. The locally granted exemptions are outlined below:
i. Grocery stores, certified farmers' markets, farm and produce stands, supermarkets,
food banks, convenience stores, and other establishments engaged in the retail
sale of canned food , dry goods, fresh fruits and vegetables, pet supply, fresh
meats, fish, and poultry, alcoholic and non-alcoholic beverages, and any other
household consumer products (such as cleaning and personal care products). This
includes stores that sell or distribute groceries and other non-grocery products,
and products or services necessary to maintaining the safety, sanitation, and
essential operation of residences; however, the touching of unpacked baked goods
is prohibited.
ii. Food cultivation, including farming, livestock, and fishing;
iii. Human and animal food processing facilities and facility workers;
iv. Businesses that provide food, shelter, and social services, and other necessities of
life for economically disadvantaged or otherwise needy individuals;
v. Newspapers, television, radio, and other media services;
vi. Gas stations and auto-supply, auto-repair and servicing, emergency road services
and related services and facilities;
vii. Manufacturing companies, distributors, and supply chain companies producing
and supplying essential products and services in and for residences and industries
such as pharmaceutical, technology, biotechnology, healthcare, chemicals and
sanitation, waste pickup and disposal, agriculture, food and beverage,
transportation, energy, steel and steel products, petroleum, lubricants and fuel,
mining, construction, national defense, communications, as well as products and
services used by Essential Businesses.
xi. Banks and related financial institutions;
xii. Hardware stores;
xiii. Plumbers, electricians, exterminators, construction, cleaning and janitorial staff,
security staff, HV AC, painting, moving and relocation services, lawn care and
landscaping and other trades and service providers who provide services that are
necessary to maintaining the safety, sanitation, and essential operation of
residences, Essential Activities, and Essential Businesses;
xiv. Businesses providing mailing and shipping services, including post office boxes;
xv. Educational institutions, which includes public and private K-12 schools,
colleges, and universities, for purposes of facilitating distance learning or
performing essential functions related to distance learning and support to other
essential businesses (such as transportation and law enforcement), provided that
social distancing of six-feet per person is maintained to the greatest extent
possible. School buildings may be used if needed to house individuals, distri bute
food, provide medical care, distance learning or any other services deemed
necessary to protect the life and property and other critical resources;
xvi. Laundromats, dry cleaners, and laundry service providers;
xvii. Restaurants and other facilities that prepare and serve food and/or beverages, but
only for delivery or carry out and not for consumption on the premises. No inperson
dining will be allowed. Schools and other entities that typically provide
free food services to students or members of the public may continue to do so
under this Order on the condition that the food is provided to students or members
of the public on a pick-up and takeaway basis only. Schools and other entities that
provide food services under this exemption shall not permit the food to be eaten at
the site where it is provided, or at any other gathering site;
xviii. Businesses that supply products and services needed for people to work from
home;
xix. Businesses that supply other Essential Businesses with the support or supplies
necessary to operate;
xx. Businesses that ship or deliver groceries, food, beverages, goods or services
directly to residences;
xxi. Taxis, aircraft, commercial transportation and logistics providers and services and
other transportation providers providing transportation services necessary for
Essential Activities and other purposes expressly authorized in this Order;
xxii. Home-based care for seniors, adults, or children;
xxiii. Residential facilities and shelters for seniors, adults, and children;
xxiv. Professional services, such as legal services, accounting services, real estate
services, and insurance services;
xxv. Childcare faci lities providing services that enable employees exempted in this
Order to work as permitted;
xxvi. Hotels and motels, to the extent used for lodging and delivery or carry-out food
services; and
xxvii. Religious gatherings, as long as attendees can engage in appropriate social
distancing.
g. Notwithstanding the foregoing list of Essential Businesses in subsections e and f
above, ALL businesses, organizations and individuals are reminded that the
purpose of this order is to protect public health and safety from community
transmission of the coronavirus that causes COVID-19 disease and are encouraged
to operate only to the extent absolutely necessary and with the minimum staffing
necessary.
Section Two. Essential Businesses shall take proactive measures to ensure compliance with
Social Distancing Requirements, including where possible:
a. Designate six-foot distances. Designating with signage, tape, or by other means sixfoot
spacing for employees and customers in line to maintain appropriate distance;
b. Hand sanitizer and sanitizing products. Having anti-microbial soap and water or hand
sanitizer and sanitizing products readily available for employees and customers;
c. Separate operating hours for vulnerable populations. Implementing separate
operating hours for elderly and vulnerable customers; and
d. Online and remote access. Posting online whether a facility is open and how best to
reach the facility and continue services by phone or remotely.
Section Three. All large public gatherings of people in the County are prohibited unless
otherwise ordered by the Board of County Commissioners in their role as the Board of Health or
by the local health officer. Large public gatherings are those with more than ten (10) people in
attendance or anticipated to attend, both indoor and outdoor, except for Essential Businesses. For
all gatherings of people, the health officer strongly encourages everyone to follow the guidance
provided by the Centers for Disease Control and Prevention (CDC), and federal , state and local
public health officials and private medical providers. A "gathering" does not:
a. include normal operations at spaces where persons may be;
b. include people in transit or coming and going; or
c. individually or in groups of less than ten (10) persons.
Section Four. Pursuant to K.S.A. 19-101 d, any sheriff, deputy sheriff or other law
enforcement officer of the state or any political subdivision within Ellsworth County, Kansas
is hereby ordered to assist in the execution or enforcement of this order and may issue fines
in accordance with the governing ordinances of their respective jurisdictions. Those
businesses with repeated violations of this order may be subject to a Closure Order by the
Ellsworth County Health Officer.
Section Five. This Order may be supplemented or modified as required for the effective and
efficient management and control of the Coronavirus epidemic in the County by further
order or direction of the Ellsworth County Board of Publ ic Health or by the Ellsworth
County Local Health Officer.
Section Six. Let it be known by this Order that no papers, Ietter or cards will be required of any resident or business to identify them as " Essential Persons".
Section Seven. This Order is effective at 12:01 a.m. on Monday, March 30, 2020 and shall
remain in effect for 30 days, until 12:01 a.m. on Wednesday, April 29,202 0, unless sooner 
amended, superseded, or rescinded.
IT IS SO ORDERED THIS 27th DAY OF MARCH, 2020
Dr. Ronald Whitmer, DO
Ellsworth County Health Officer
Kerianne Ehrlich, RN/Administrator
Ellsworth County Health Department