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Ex. MD-039 Order Primary source read

Order of the Governor No. 20-04-05-02, Delegating Authority to Local Health Officials to Control and Close Unsafe Facilities

Delegating Authority to Local Health Officials to Control and Close Unsafe Facilities

Governor Lawrence J. Hogan, Jr. · Maryland (State)

The COVID Project

The record

Jurisdiction
Maryland
Level
State
Authority
Md. Code, Pub. Safety Title 14
Issued
2020-04-05 Apr. 5, 2020
Effective
2020-04-05
End
Rescinded effective 12:01 a.m. May 15, 2021 (21-05-14-01 para. IV.b, MD-030) (read as 2021-05-15)
In force
Apr. 5, 2020 to May 15, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitation types
Business closureWorkplace rules
Addressees
  • county health officers and the Baltimore City Commissioner of Health
  • any business, organization, establishment, facility or construction site
Functions reached
  • JS construction sites
  • PF WH production and warehouse
  • SF
  • OF
  • all workplaces (distancing compliance under closure threat)
Collection
Maryland MD

Operative words

II. Delegation of Authority to County Health Officers. If an Authorized Health Official determines that a business, organization, establishment, facility, or construction site in his/her political subdivision (an "Unsafe Facility") is unable or unwilling to operate in a manner that does not pose an unreasonable risk of exacerbating the spread of COVID-19 (including, without limitation, as a result of non-compliance with Social Distancing Guidance), the Authorized Health Official is hereby authorized and directed to issue such orders as may be necessary to: a. require the Unsafe Facility to modify its operations to comply with Social Distancing Guidance; or b. designate all or part of the Unsafe Facility as a zone in which the occupancy and use of buildings may be controlled, and prohibit or limit the movement of individuals and/or vehicles into, in, or from the Unsafe Facility, including without limitation, by closing the Unsafe Facility. III. Effect on Stay-at-Home Order. Orders issued by an Authorized Health Official pursuant to paragraph II above shall be binding upon and enforceable against the Unsafe Facility, even if the Unsafe Facility would otherwise be permitted to remain open (to any degree) under the Order... Number 20-03-30-01...

Enforcement

IV.a. Each law enforcement officer of the State or a political subdivision shall execute and enforce this Order, and any order issued by a county health officer pursuant to paragraph II above. IV.b. A person who knowingly and willfully violates this Order, or any order issued by a county health officer pursuant to paragraph II above, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding one year or a fine not exceeding $5,000 or both

Notes

The instrument under which county health officers closed or modified individual workplaces for thirteen months; the Governor's Mar. 9, 2021 order kept these orders binding after the para. I.d Local Orders became void