COUNTY OF KAUAI NOTICE OF EMERGENCY RULES

Pursuant to Section 127A-25(c), Hawaii Revised Statutes, the following Emergency Rules were enacted by Mayor Derek S.K. Kawakami under authority of Gubernatorial Emergency Proclamations related to the COVID-19 Pandemic, and his own proclamation dated March 4, 2020, and are hereby published as follows: Rule 1 (March 16, 2020 – for a period of 60 Days): Pursuant to HRS §127A-12(a)(5)(D), §127A-12(c)(12), and §127A-25, due to the public health concerns regarding Novel Coronavirus (COVID-19), all County of Kaua’i campgrounds, community centers (i.e. neighborhood centers, Anahola Clubhouse, Smokey Valley Clubhouse, Hanapepe Multipurpose Facility, and the Kaua’i War Memorial Convention Hall) and “large” pavilions (i.e. Hanalei Pavilion, Wailua Houselots Pavilion, Lydgate Large Pavilion, Hanama’ulu Pavilion, Niumalu Pavilion, Po’ipu Beach Large Pavilion, Salt Pond Large Pavilion, and Kekaha Gardens Pavilion) are closed. In addition, all County stadiums (Vidinha, Hanapepe, and Bryan J Baptiste Sports Complex) and their associated parking lots are closed. All permits for these facilities are canceled until May 15, 2020. Additionally, all permitted private parties, gatherings of more than 10 people, community events, classes, programs, and indoor sporting events at all County facilities are canceled, with the exception of the Spring Fun program at the Lihu’e and Hanapepe Neighborhood Centers. Furthermore, camping permits will not be issued for any County campgrounds (i.e. ‘Anini, Anahola, Lydgate, Salt Pond, and Lucy Wright) until further notice. The Wailua Golf Course, County swimming pools, and County parks will remain open to the public. The County swimming pools are limited to a maximum of 10 persons. County parks, beach parks, current day-use pavilions and locations not listed above may be used for small gatherings on a first-come, first-served basis. All activities that may take place at County facilities shall be limited to 10 people or less. Rule 2 (March 18, 2020, amended March 19, 2020 valid through May 3, 2020) Pursuant to HRS §127A-12(a)(5)(D), §127A-12(c)(12), and §127A-25, a curfew from 9:00 pm to 5:00 am is established. Every individual within the County of Kaua’i must remain in their domicile, vacation rental, or hotel room during the specified hours. The only exceptions to this rule are individuals: 1. Commuting to and from work; 2. Commuting to and from the airport; 3. Subsistence fishing or hunting; 4. Working for an essential service provider; 5. Delivery services associated with food service establishments or stores that sell food and household supplies; and 6. Seeking medical attention. Definitions: “Essential service provider” – any federal, state or county entity; a public utility providing water, wastewater, natural gas, telephone service, internet service, cable service, or electric power; transportation services (freight, towing, and fuel) and; a medical service provider including hospitals, urgent care facilities, medical product providers, and emergency medical transportation. “Residence” – a person’s home, vacation rental, or hotel room. “Subsistence fishing or hunting” – activities that are carried out primarily to feed the family and relatives of the individual. Rule 3 (March 21, 2020 until April 5, 2020 extended to May 3, 2020) Pursuant to HRS §127A-12(a)(5)(D), §127A-12(c)(12), and §127A-25, and in accordance with Governor Ige’s directive the following list of businesses are closed: Bars and Clubs; Restaurants and cafes that serve food, except solely for drive-thru, pickup, or delivery service; Theatres, entertainment centers, and visitor attractions. Rule 4 (Pursuant to HRS §127A-12(a)(5)(D), §127A-12(c)(12), §127A-25, and in accordance with CDC guidelines on limiting social gatherings, County of Kaua’i beach park access will be limited. No more than 100 day-use permits will be issued for all island wide County beach parks. Permits may be obtained at the Department of Parks and Recreation website at https://www.eventbrite.com/e/county-of-kauai-day-use-beach-park-permit-fee-covid19-tickets-100651073069. In an effort to reduce the spread of COVID-19, beach park bathrooms, and facilities require increased care. A park permit fee of $50 per vehicle and $5 per person shall be assessed. Proof of payment of the park user fee must be displayed in the windshield of each vehicle parked within or near a County beach park. State of Hawai’i residents are exempt from these permitting requirements. Residents are encouraged to follow social distancing protocols and avoid higher traffic beach parks. The County of Kauai does not guarantee sanitization of beach park facilities and request all visitors and residents to follow CDC guidelines on personal hygiene. Rule 5 Local Rules Pursuant to Governor’s Third Supplementary Proclamation Dated March 23, 2020 (March 24, 2020 effective through April 30, 2020, Amended March 25 and 30, 2020) Corresponding to Part I.A; Work in Essential Businesses and Operations: 1. Includes those training medical professionals finishing a course of study and expected to immediately enter the health response to the disaster. 2. Must primarily provide the products (e.g. an establishment that sells snacks on the side is not a store under this rule). Establishments under 2,500 square feet must only allow 5 patrons at a time. Establishments 2,500 to 5,000 square feet must only allow 10 patrons at a time. Establishments 5,001 to 10,000 square feet must only allow 25 patrons at a time. Establishments 10,001 to 25,000 square feet must only allow 50 patrons at a time. Establishments 25,001 to 50,000 square feet must only allow 75 patrons at a time. Establishments over 50,001 square feet must only allow 100 patrons at a time. All establishments must implement controls to discourage hoarding of essential supplies. All establishments must establish wait in line procedures that require patrons waiting to enter must be six (6) feet apart at all times. Employees of these establishments that interact with customers or handle essential products are required to wear a covering over the nose and mouth while within the store. 3. Cannabis production only for medical cannabis. Fishing includes subsistence and commercial fishing for fish sales, not recreational or sport fishing. Food production means food for consumption. Any indoor facilities must require social distancing consistent with the CDC guidelines. Spay and neuter procedures are not considered essential. 4. Class sizes, including the teacher, cannot be more than five (5) individuals. 5. Organizations must be actively providing the needs articulated. Any gathering or work space cannot be more than five (5) individuals. Recommend strongly that religious gatherings be postponed. 6. No additional local rule. 7. Essential maintenance only (no paint jobs, detailing, etc.). Establishments under 2,500 square feet must only allow 5 patrons at a time. Establishments 2,500 to 5,000 square feet must only allow 10 patrons at a time Establishments 5,001 to 10,000 square feet must only allow 15 patrons at a time. Establishments 10,001 to 25,000 square feet must only allow 25 patrons at a time. Establishments 25,001 to 50,000 square feet must only allow 30 patrons at a time. Establishments over 50,000 square feet must allow only 50 patrons at a time. All establishments must implement controls to discourage hoarding of essential supplies. All establishments must establish wait in line procedures that require patrons waiting to enter must be six (6) feet apart at all times. 8. Online banking must be heavily promoted as an option to remain open. Establishments under 2,500 square feet must only allow 5 patrons at a time. Establishments 2,500 to 5,000 square feet must only allow 10 patrons at a time. Establishments 5,001 to 10,000 square feet must only allow 15 patrons at a time. Establishments 10,001 to 25,000 square feet must only allow 25 patrons at a time. Establishments 25,001 to 50,000 square feet must only allow 30 patrons at a time. Establishments over 50,000 square feet must allow only 50 patrons at a time. All establishments must implement controls to discourage hoarding of essential supplies. All establishments must establish wait in line procedures that require patrons waiting to enter must be six (6) feet apart at all times. 9. Must primarily provide the products (e.g. an establishment that sells hammers on the side is not a store under this rule). Establishments under 2,500 square feet must only allow 5 patrons at a time. Establishments 2,500 to 5,000 square feet must only allow 10 patrons at a time. Establishments 5,001 to 10,000 square feet must only allow 25 patrons at a time. Establishments 10,001 to 25,000 square feet must only allow 50 patrons at a time. Establishments 25,001 to 50,000 square feet must only allow 75 patrons at a time. Establishments over 50,001 square feet must only allow 100 patrons at a time. All establishments must implement controls to discourage hoarding of essential supplies. All establishments must establish wait in line procedures that require patrons waiting to enter must be six (6) feet apart at all times. 10. Vertical construction, including renovation & remodeling activities, is not considered essential. Maintenance and repairs essential to maintain health and safety only, and construction related to the response and recovery effort as directed by a governmental. Those homeowners impacted by the flooding event on March 28, 2020 are allowed to repair their homes to make them safely habitable provided any contractor or construction activity must engage in social distancing, limit field workers on site, and refrain from sharing tools with each other. Utility and refuse workers are critical trade employees if actively engaging in work for that business. Landscaping is not an essential service unless it is required for vector or fire control, or to mitigate a liability for personal injury (i.e. coconuts being trimmed from a coconut tree). Grading and grubbing is also not an essential service unless it is necessary to maintain health and safety. 11. No additional local rule. 12. Establishments under 2,500 square feet must only allow 5 patrons at a time. Establishments 2,500 to 5,000 square feet must only allow 10 patrons at a time. Establishments 5,001 to 10,000 square feet must only allow 15 patrons at a time. Establishments 10,001 to 25,000 square feet must only allow 25 patrons at a time. Establishments 25,001 to 50,000 square feet must only allow 30 patrons at a time. Establishments over 50,000 square feet must allow only 50 patrons at a time. All establishments must establish wait in line procedures that require patrons waiting to enter must be six (6) feet apart at all times. 13. Restaurants must establish a front counter procedure that allows no more than one (1) household at a time into the restaurant. All establishments must establish wait in line procedures that require patrons waiting to enter must be six (6) feet apart at all times. Food cannot be consumed on site, including outdoor spaces. Electronic commerce encouraged, cash is discouraged. Employees of these establishments that interact with customers or handle food are required to wear a covering over the nose and mouth while within the establishment or while making deliveries.14. Limited to essential supplies. Electronic commerce encouraged, cash is discouraged. 15. Establishments under 2,500 square feet must only allow 5 patrons at a time. Establishments 2,500 to 5,000 square feet must only allow 10 patrons at a time. Establishments 5,001 to 10,000 square feet must only allow 15 patrons at a time. Establishments 10,001 to 25,000 square feet must only allow 25 patrons at a time Establishments 25,001 to 50,000 square feet must only allow 30 patrons at a time. Establishments over 50,000 square feet must allow only 50 patrons at a time. All establishments must establish wait in line procedures that require patrons waiting to enter must be six (6) feet apart at all times. 16. Only to conduct or access essential businesses or operations. Must apply social distancing protocols prescribed by the CDC and enhanced sanitation and hygiene. 17. Must apply social distancing protocols prescribed by the CDC and enhanced sanitation and hygiene. 18. Must apply social distancing protocols prescribed by the CDC and enhanced sanitation and hygiene. Visitors discouraged. 19. Only as essential to maintain essential businesses or operations. Tax services are not essential given the federal and state extensions for filing. 20. Class sizes, including the teacher, cannot be more than 5 individuals. 21. Emphasize that this is only for critical products and industries. 22. No additional local rule. 23. Tourist usage is discouraged. Individuals staying at these properties are not allowed to utilize any common spaces like pools, game rooms, and spas, etc. Transient vacation rentals and homestays are not hotels or motels and therefore must cease all operations, including advertising, for the period identified in the Governor’s Emergency proclamation(s). Current occupants of transient vacation rentals and homestays may stay until the end of the pre-booked period. 24. A funeral may not exceed 10 individuals. 25. Must have government identification while conducting business, or be conducting work in a clearly marked government vehicle. Corresponding to Part I.B; Permitted Activities Outside the Home or Place of Residence: 1. No additional local rule. 2. One (1) person per household recommended at a time to limit exposure of the other members of the household. 3. Online work encouraged as much as possible. Social distancing is required. 4. One (1) person per household recommended at a time to limit exposure of the other members of the household. 3. Online work encouraged as much as possible. Social distancing is required 5. Also includes picking up arrivals from the airport. 6. No additional local rule. 7. Reaffirming that Mayor’s Emergency Rule #4 in effect. Only with members of same household encouraged. Must maintain 6 feet of separation in public spaces. 8. Only with members of same household encouraged. Must maintain 6 feet of separation in public spaces. Other Provisions: For the purposes of this rule, “Social Distancing” includes maintaining at least six (6)foot social distancing from other 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 sleeve or elbow, not hands), regularly cleaning high-touch surfaces, and not shaking hands. Public and private golf courses are not a critical infrastructure, or one of the essential businesses or operations listed in Part A of the Governor’s Third Supplementary Proclamation, and therefore must cease operations. Force and Effect: These rules shall have the force and effect of law. Violation of this rule is a misdemeanor, subject to penalty per HRS §127A-29. Penalty per §127A-29: Any person violating any rule of the governor or mayor prescribed and promulgated pursuant to this chapter and having the force and effect of law, shall, if it shall be so stated in the rule, be guilty of a misdemeanor. Upon conviction, the person shall be fined not more than $5,000, or imprisoned not more than one year, or both. /s/ Derek S.K. Kawakami, Mayor, County of Kauai; Approved for Form and Legality /s/ Matthew M. Bracken, County Attorney (SA 1276561 04/15/20)