Buncombe County, City of Asheville, Town of Montreat New Restrictions

Buncombe County -- Buncombe County Government Updated Local Order: 

Buncombe County, City of Asheville, and Town of Montreat will move to add more stringent measures in an effort to slow the spread of COVID-19. 
The new local order signed on Dec. 23, 2020, reduces the capacity for indoor dining in restaurants from 50% of stated fire capacity to 30%
Lowers the number for an indoor mass gathering for social gatherings with individuals from outside your household from 10 persons to 2 persons
New restrictions are effective as of Saturday, Jan. 2, 2021

Read Order Below:

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
SUPPLEMENTAL DECLARATION OF A
LOCAL STATE OF EMERGENCY

WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS-CoV2
which causes the disease COVID-19, has spread through the world and has now been declared a
global pandemic by the World Health Organization; and
WHEREAS, a State of Emergency was declared by the Governor of North Carolina on March 10, 2020;
WHEREAS, a local State of Emergency was declared by Buncombe County Commissioners on March 12,
2020, acknowledging the gravity of the COVID-19 pandemic;
WHEREAS, Governor Cooper has, as circumstances have changed over time, issued a number of
modifications to the statewide emergency declaration, including Executive Order Nos.117-122, 124-125,
129-131, 133-136, 138-144, 146-153, 155-157, 161-165, 169-173, 176-177, 180, and 181;
WHEREAS, Municipalities and Counties within the State of North Carolina have the authority pursuant to
N.C. Gen. Stat. § 166A-19.22 to issue local state of emergency declarations;
WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.31(b)(2) and Section 21-70 and Section 30-26, et seq., of
the Buncombe County Code of Ordinances, the undersigned Chair of the Buncombe County Board of
Commissioners has the authority to regulate by proclamation the operation of offices, business
establishments, and other places to or from which people may travel or at which they may congregate;
WHEREAS, pursuant to N.C. Gen. Stat. § 166A-19.31(b)(1) and Section 21-70 of the Buncombe County
Code of Ordinances, the undersigned Chair of the Buncombe County Board of Commissioners has the
authority to regulate by proclamation the movements of people in public places;
WHEREAS, in North Carolina in recent weeks, COVID-19-associated hospitalizations have been at record
highs, and daily deaths attributable to COVID-19 have been at or near record highs;
WHEREAS, cases of COVID-19 in Buncombe County have increased dramatically in recent weeks due to
community spread caused by gatherings of people in public and private spaces;
WHEREAS, current new cases per 100,000 population per week is at 366 which is a 158% increase in the
last four weeks, and Buncombe County is averaging 135 new cases per day;
WHEREAS, in the last 2 weeks, County COVID-19 cases have increased from 209 new cases per 100,000 to
366 new cases per 100,000 per week, and new cases per 100,000 per week has increased approximately
16% since last week;
WHEREAS, in the last four weeks the percent positivity has increased from 4.7% to 8.1% in the County;
and
WHEREAS, the Center for Disease Controls has found that eating and drinking on-site at locations that
offer such options is an important risk factor associated with SARS-CoV-2 infection, and adults with
confirmed COVID-19 were approximately twice as likely to have reported dining at a restaurant in the 14
days before becoming ill.
NOW THEREFORE, pursuant to the authority contained in Chapter 21, Buncombe County Code of
Ordinances and Article 1A of the N.C. Gen. Stat. Chapter 166A, the Board of Commissioners, do hereby
declare and order the following:
1. Except as set forth below, Buncombe County continues to align with the Governor's executive
orders related to COVID-19 prohibitions and restrictions including Face Coverings in all settings as
described in such executive orders. In addition, local government offices and agencies must have
their on-site workers wear Face Coverings when they are indoors. In addition, unless an exception
applies, these offices and agencies must require Face Coverings for any outdoor work within six
(6) feet of another person. Local government offices and agencies must also follow the
requirements for Retail Businesses established in the Executive Orders unless necessary to
complete that office's mission.
2. Section 7.3.a. of Executive Order No. 181 states, in part, that nothing therein "is intended to limit
or prohibit counties and cities in North Carolina from enacting ordinances and issuing state of
emergency declarations which impose greater restrictions or prohibitions to the extent
authorized under North Carolina law." Accordingly, notwithstanding anything to the contrary
contained in the Governor's Executive Orders, further restrictions are imposed in Buncombe
County as follows:
a. Section 3.13. Restaurants. c. Requirements. 1. a. of Executive Order No. 181 is modified in
Buncombe County to read:
" Limit the number of Guests in the restaurant to thirty percent (30%) of stated fire
capacity (or, for spaces without a stated fire capacity, no more than twelve (12)
Guests for every one thousand (1000) square feet of the location's total square
footage, including the parts of the location that are not accessible to Guests)."
b. Section 5. Mass Gatherings. 5.1. Prohibition. of Executive Order No. 181 is modified in
Buncombe County to read:
"Prohibition. Mass Gatherings are prohibited. "Mass Gathering" means an event or
convening which brings together more than two (2) people indoors or more than fifty
(50) people outdoors at the same time in a single confined indoor or outdoor space.
This includes parades, fairs, or festivals. In publicly accessible indoor facilities, the
Mass Gathering limit applies per room of the facility. When more than two (2) people
reside in the same household, residing together does not form a Mass Gathering."
3. Exemptions. Worship, religious, and spiritual gatherings, funeral ceremonies, wedding
ceremonies, and other activities constituting the exercise of First Amendment rights are exempt
from all the requirements of this Executive Order, notwithstanding any other provision of this
Executive Order. The undersigned strongly urges that entities and individuals engaging in these
exempted activities follow the Recommendations to Promote Social Distancing and Reduce Transmission, wear and require Face Coverings, and avoid exceeding Emergency Maximum
Occupancy in the places where they meet.
However, consistent with the Governor's Executive Orders, all entities and individuals engaging
in these exempted activities are strongly encouraged to follow the Recommendations to
Promote Social Distancing and Reduce Transmission, wear and require Face Coverings, and
avoid exceeding Emergency Maximum Occupancy in the places where they meet.
4. The provisions of the Buncombe County March 12, 2020 Declaration of State of Emergency
regarding Local State of Emergency and activation of the local Emergency Management Plan shall
remain in effect until otherwise repealed, replaced, or rescinded.
5. By and with the consent of the mayors of the following named municipalities within Buncombe
County, this Order also applies within the municipal limits of the City of Asheville and the Town of
Montreat.
6. If any subsection, sentence, clause, phrase, or word of this Order or any application of it to any
person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision
of a court of competent jurisdiction, then such decision will not affect the validity of the remaining
portions or applications of this Order.
7. This Supplemental Declaration of Local State of Emergency is effective at 5:00 p.m. on Saturday,
January 2, 2021, and such alignment with current or future revised executive orders, as may be
applicable, shall remain in effect until otherwise repealed, replaced, or rescinded.
8. Electronic Signature. This Declaration may be executed in one or more counterparts by PDF or
other electronic transmission, each of which shall be deemed an original and which, when taken
together, shall constitute one document.
IN WITNESS WHEREOF, the undersigned County Chair has set his hand and caused the corporate
seal to be affixed this 23rd day of December 2020.