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Ex. DUT-WV-029 Standing duty Primary source read

Monongalia County Health Department Ordinance (Health Officer's order) of July 14, 2020 (cross-reference to Ex. WV-082; not re-saved)

Businesses serving the public closed for deep cleaning on three cases, and for fourteen days' quarantine on a further three; inspections on complaints of 'not adequately enforcing the Governor's mask order'; § 16-2-15 penalty recited

Monongalia County Health Department (Dr. Lee B. Smith, Executive Director and County Health Officer) · Monongalia County (County)

The COVID Project

The record

Jurisdiction
Monongalia County · West Virginia
Level
County
Authority
Monongalia Cty. Health Dep't, Health Officer's Order (July 14, 2020) (Ex. WV-082)
Issued
2020-07-14 July 14, 2020
Effective
2020-07-15 12:00 a.m. (read as 2020-07-15)
End
In force through the 2020 Monongalia County outbreak; superseded by the State framework's termination Apr. 20, 2021 and S.B. 12 (June 2, 2021; Ex. WV-081) (read as 2021-04-20)
In force
July 15, 2020 to Apr. 20, 2021
Quarters
2020 Q32020 Q42021 Q1
Limitation types
Business closureWorkplace rulesStanding dutyOperating condition
Addressees
  • specified businesses: every business that serves the public in Monongalia County (Morgantown; West Virginia University)
Character
sanitary code duty
Collection
Standing duties: West Virginia DUT-WV

Operative words

any business that serves the public, that is identified as having three new cases of Covid-19 in staff and/or patrons will be required to close and do a deep clean before our inspection and reopening.... Monongalia County Health Department monitors complaints against businesses including not adequately enforcing the Governor's mask order or other Safe Start requirements.

Penalty

Closure, deep cleaning and quarantine of premises; misdemeanor under W. Va. Code § 16-2-15, fine of $50 to $500 for obstruction (Ex. DUT-WV-005)

What it required

Closure and deep cleaning of any business serving the public on three cases, a fourteen-day quarantine of the premises on a further three, indefinite closure on a third occurrence 'until such a time as deemed safe by the Health Officer,' and inspection on complaints, 'including those made anonymously,' that a business was not enforcing the Governor's mask order or 'other Safe Start requirements.' The verb is 'will be required to close.'

Retrieval note

The health department's own statement that a business's failure to enforce the Governor's mask order was an enforceable violation of the 'Safe Start requirements': the instrument for category 7 (a health-department statement of the business's duty to comply with health directives) in this State. The Governor's parallel order closed every bar in the county (EO 52-20; Ex. WV-043) and reopened them under 'Supplemental Protocols' (EO 75-20; Ex. WV-050).