Independence Township: Notice of Lawn Services

Notice of Lawn Services UnderNotice of Lawn Services UnderGovernor’s Executive Order 2020-21 &Oakland County Emergency Order 2020-07NOTICE TO INDEPENDENCE TOWNSHIP RESIDENTS AND BUSINESSES, ONLY:  Pursuant to its authority to protect the public health and safety, the Charter Township of Independence has long had ordinances regulating the control, elimination, destruction and management of noxious weeds, weeds, grass and brush. Independence Township Ordinances, Article III.  Under said ordinances, residents and property owners of the Township are required to maintain, destroy and otherwise manage the growth, height, and spread of weeds, grass, brush and other forms of ground vegetation. Article III, Sec. 18-42 to 18-45. Said ordinances are in the best interest of the public and are intended to reduce and / or eliminate the injurious impact of uncontrolled weeds, grass and brush and to otherwise protect the health and safety of the public. During this COVID-19 crisis and pursuant to the authority granted the Township Supervisor under Independence Township Declaration of Emergency dated March 17, 2020, Resolution No. 2020-007, until otherwise directed by the proper governmental authority, as Township Supervisor I do hereby declare lawn cutting and yard maintenance activities performed by Township residents, property owners or lawn service contractors to be an essential service necessary to comply with Township ordinances and to maintain and protect the health and safety of the public and, in particular, Township residents, property owners and businesses. The Township takes this action based on the knowledge that failure to maintain lawns is unsafe, unsanitary and constitutes a nuisance under Township ordinances as it may lead to rodent harborage, excessive clogging of storm water systems, interference with road sightlines, flooding, and other actual or potential injurious results.  Actions necessary to maintain and improve the safety, sanitation, and essential operations of a residence and business are allowed under Michigan Governor’s Executive Order 2020-21.  On the advice of the Township’s legal counsel, until otherwise ordered by the Governor or Attorney General, Independence Township will not ticket, prosecute or otherwise interfere with residents, property owners and businesses seeking to mow and otherwise maintain lawns, grass, weeds and brush of property within the Township nor will Independence Township ticket, prosecute or otherwise interfere with allowing or the hiring of a  lawn service contractor to perform said services within the Township. However, non-essential work not necessary to comply with Township ordinances or otherwise not in the best interest of the public’s health and safety shall remain subject to the interpretation of all orders of the Federal, State and County government. Work by a lawn service contractor such as planting, patio installation, paver installation, and other nonessential landscaping activities are not covered by this notice and remain subject to local enforcement under the Federal, State and County Emergency and Executive Orders. Nothing herein is intended to ignore, alleviate or alter any current or revised Order, Decree, Notice or interpretation issued by the Federal, State or County Government or any other appropriate governmental authority.  This action is being taken by the Township based on its interpretation the Governor’s Executed Executive Orders and the Township’s discretion with respect to its policing authority. Unless further ordered in writing, pursuant to this Notice, the Township will not ticket, prosecute or interfere with the above described lawn service activities of Township residents, property owners, businesses or third-party lawn service contractors. Any necessary and allowed landscaping work that is carried out by lawn service contractors while the Order is in effect must be done in accordance with the mitigation measures required under Executive Order 2020-21 Section 5(C), and the Oakland County Emergency Order 2020-07 which state:Businesses and operations maintaining in-person activities must adopt social distancing practices and other mitigation measures to protect workers and patrons. These practices and measures include, but are not limited to:1) Adopting screening policies to prevent workers from being allowed to work if they: a) display any COVID-19 symptoms (i.e. fever, cough, shortness of breath), b) have had contact with a person who is known or suspected to have COVID-19 or c) traveled domestically or internationally within the past 14 days. A yes answer to any of the screening questions requires the employee to be excluded from work and sent home per Oakland County Emergency Order 2020-07.  (Attachment A.)2) Ensuring workers, either working on-site or being transported to the job site, wear protective facial coverings or masks.3) Restricting the number of workers present on premises to no more than is strictly necessary to perform the business’s or operation’s critical infrastructure functions. 4) Promoting remote work to the fullest extent possible.5) Keeping workers and patrons who are on premises at least six feet from one another to the maximum extent possible. 6) Increasing standards of facility cleaning and disinfection to limit worker and patron exposure to COVID-19, as well as adopting protocols to clean and disinfect in the event of a positive COVID-19 case in the workplace.7) Any other social distancing practices and mitigation measures, including the wearing of facial coverings or masks, as recommended by the Centers for Disease Control, the State of Michigan and the Oakland County Health Officer.IT IS RECOMMENDED THAT ALL LAWN SERVICE CONTRACTORS POSSESS A COPY OF THIS NOTICE AT ALL TIMES WHILE PREFORMING WORK IN INDEPENDENCE TOWNSHIP.  PLEASE NOTE, THIS NOTICE IS SPECIFICALLY LIMITED TO THE JURISDICTIONAL BOUNDARIES OF INDEPENDENCE TOWNSHIP AND IS NOT INTENDED TO PROVIDE AUTHORIZATION NOR PERMISSION TO PERFORM ANY ACTIVITY CONTRARY TO ANY FEDERAL, STATE, COUNTY OR LOCAL POLICING AUTHORITY OR AGENCY, OTHER THAN WITHIN INDEPENDENCE TOWNSHIP.  THIS NOTICE IS SUBJECT TO IMMEDIATE REVOCATION OR REVISION BY THE TOWNSHIP.  THEREFORE, ALL LAWN SERVICE CONTRACTORS ARE ADVISED TO CONTINUOUSLY CHECK THE TOWNSHIP WEBSITE FOR ANY UPDATE OR REVISION PRIOR TO PERFORMING ANY SERVICES HEREUNDER.NOW THEREFORE, under the authority vested in me as Township Supervisor through Independence Township Resolution No. 2020-007, dated March 17, 2020, I due hereby declare this Notice adopted and to take effect as of the dated executed below.Patrick J. Kittle, Independence Township Supervisor         Date: April 20, 2020I, Cari J. Neubeck, duly appointed Clerk of the Charter Township of Independence; do hereby certify that the foregoing constitutes a true and complete copy of a Notice adopted by the Charter Township of Independence Supervisor pursuant to the Declaration of Emergency, being Resolution 2020-007, dated March 17, 2020.IN WITNESS WHEREOF, I have hereunto affixed my official signature this 20th day of April 2020.Cari J. Neubeck, Independence Township Clerk                   Date: April 20, 2020EMERGENCY ORDER (2020-07) FOR CONTROL OF PANDEMIC Required screening and social distancing measures at open businesses and operations subject to the Governors Executive Order 2020-42This Order is made pursuant to Section 2453 of the Public Health Code, being MCL 333,2453,Emergency Order (Oakland County 2020-5) imposed similar restrictions, With this order, Emergency Order Oakland 2020-5 is rescinded. This order imposes substantially identical restrictions but removes social distancing guidance as this Is encompassed within Executive Order 2020-42.Matters concerning the public health of the residents of Oakland County have been brought to the attention of the Oakland County Local Health Officer. The Local Health Officer has determined that controls are necessary to reduce transmission of COVID-19 to protect the public’s health of Oakland County based on the following facts:1. A biological agent or the effects of a biological agent have been detected within Oakland County2. A communicable disease Coronavirus which causes COVID-19 has been identified that can be transmitted from person to person.3. In order to control and limit the spread of the communicable disease, it is necessary to prevent infected people from coming into contact with uninfected people, It Is also critical that essential personnel be protected,It is hereby ordered that businesses and operations remaining open under EO 2020-42 must take the following precautions:1. Develop and implement a daily screening program for all staff. a, Screening criteria must include the following questions:a. Symptoms including but not limited to: fever, cough (excluding cough due to known chronic cough), shortness of breath, sore throat, and/or diarrhea (excluding diarrhea due to known medical reason), When a touchless thermometer is available, a temperature check is strongly recommended in lieu of verbal confirmation,i. Any close contact in the last 14 days with someone with a diagnosis of COVID-19.ii. Travel internationally or domestically in the last 14 days,b. A yes to any of the screening questions above requires the employee to be excluded:i. At least 72 hours with no fever (that is three full days of no fever without  use of medicine that reduces fevers) AND other symptoms have Improved  (for example, when your cough and shortness of breath have improved)  AND at least 7 days have passed since your symptoms first appeared ii. 14 days if close contact of diagnosed case of COVID-19 •  Exemptions include health care institutions, public health functions,  pharmacies and other entities that are involved in the mitigation of risk  during this pandemic, iii. 14 days following travel•    Exemptions include: essential workers engaged in travel related to supply chain and critical infrastructure travel/movement,2. Any essential services providing goods and services and face-to-face interaction with the public or close contact with goods that the public purchases shall wear facial coverings (refer to CDC guidance). These essential services include but not limited to grocery stores, restaurants, pharmacies, and locations where social distancing measures are not possible.a. A facial cover includes any covering which snugly covers the face and mouth, whether store bought or homemade, and which is secured with ties or ear loops, Examples of compliant homemade masks may be found at llttps://www.cdc,gov/coronavirus/2019-ncov/prevent-getting-sick/diy-clothface-coverings.html.b. Persons should not utilize N95 rated masks or surgical masks, as those are critical supplies for healthcare workers, police, fire, emergency management, or other persons engaged in life/saving activities.c. Persons who wear facial coverings should review the CDC guidelines regarding safely applying, removing, and cleaning.d. operations and businesses identified in this section are encouraged to implement immediately and shall comply by April 27th.3. Recommend general public follow CDC guidance for facial covers in public settings.a. This order does not change or alter any social distancing requirements imposed by any other Emergency Order.5. Publish this order at entrance of the facility and to the members of the public at large by all reasonable means available.6. Exempt from this order are Healthcare organizations with an infection control program in place.This order takes effect on April 14, 2020 at 12;01 am and shall continue until the expiration of the Emergency Order 2020-42.When this order takes effect, Oakland 2020-05 is rescinded. All references to that order in other executive orders, agency rules, letters of understanding, or other legal authorities shall be taken to refer to this order.Dated: 4/13/2020 Leigh-Ann StaffordOakland County, MichiganLocal Health Officer

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