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Proclamation Of Emergency Order No. 13-ZZZZZ Pertaining To Outdoor Dining

WHEREAS, on March 14, 2020, I, J. Ryan McMahon, II, Onondaga County Executive, by the authority vested in me by the Onondaga County Charter, the Onondaga County Administrative Code, and the laws of the State of New York, declared, pursuant to Section 24 of Article 2-B of the New York State Executive Law, that the public safety was sufficiently imperiled such that a Proclamation of Emergency was declared within the territorial limits of Onondaga County, which Proclamation of Emergency has been extended; and

WHEREAS, cases of COVID-19 continue to be documented in Onondaga County and are expected to continue, such that it is necessary to issue this Order to manage community spread and assist in this local disaster emergency in a manner that is consistent with the phased recovery plan and gives local restaurants the opportunity to generate much needed business.

NOW, THEREFORE, in accordance with the authority vested in me by the Onondaga County Charter and Code, local home rule powers conferred upon local governments, and New York State Executive Law §24, I hereby issue Local Emergency Order No. 13 and temporarily suspend and modify the provisions of any ordinance, resolution, regulation or permit requirement enacted by any local town, village or the city that impairs or prevents a restaurant from operating full­service dining in an outdoor space, such that full-service outdoor dining is permissible for any restaurant located within Onondaga County. Any owner, or responsible party designated by the owner, must provide for proper liability insurance to be in place where outdoor seating is situated within a public right-of-way. Such outdoor dining must comport with New York State COVID-19 related requirements regarding social distancing, face coverings and cleaning/disinfection.

This Local Emergency Order shall be limited in duration until such time as restaurants are permitted to resume indoor full-service dining. As the law requires a Local Emergency Order not to exceed 5 days, this Order shall remain in effect for 5 days through March 24, 2022, and will be formally renewed by the issuance of successive 5-day Orders.

This order is necessary to safeguard the public health and welfare, and necessary to assist in the disaster effort.