Mayor's COVID-19 Second Amended Emergency Rule No. 19

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Mayor's COVID-19 Second Amended Emergency Rule No. 19

Pursuant to the authority vested in me by Hawaiʻi Revised Statutes (“HRS”) Chapter 127A and due to the public health concerns related to COVID-19, I hereby amend the Mayor’s COVID-19 First Amended Emergency Rule No. 19 adopted on December 1, 2021.  This amendment shall have the force and effect of law.
On November 2, 2021, Governor Ige issued Executive Order No. 21-08, which set statewide limits for social gatherings, restaurants, bars, social establishments, and gyms.  Subsequently, on November 29, 2021, Governor Ige issued an Emergency Proclamation Related to COVID-19 which relaxed those limits.

Since then, there has been a rapid increase in the number of COVID-19 cases on Hawaiʻi Island with seven-day average of cases at sixty-six (66) per day and the test positivity rate at 7.4% as of December 27, 2021.  Currently, over 66% of Hawaiʻi Island residents have been vaccinated.  These increased numbers necessitate reinstatement of more stringent gathering restrictions.  This Emergency Rule Amendment is based upon evidence that COVID-19 continues to endure within this state and county at an increased rate of infection via travel related cases as well as through community spread as reported by the State Department of Health and the Centers for Disease Control and Prevention.  This Emergency Rule Amendment is also based upon scientific evidence that reinforces the types of best practices and social policies that are most effective at mitigating or preventing the transmission of COVID-19.  To date, the number of documented cases of COVID-19 in the State is in excess of 103,773, and there have been at least 1,082 deaths attributed to this disease in the State. 

I, Mitchell D. Roth, Mayor of the County of Hawaiʻi, hereby amend Section D. Gatherings, of the Mayor’s COVID-19 First Amended Emergency Rule No. 19, as follows:

  1. Gatherings
Rules stated herein may be superseded by rules promulgated by the Governor.

Except as otherwise permitted in this Rule and pursuant to Exhibit 2 (County parks operations) and Exhibit 5 (Commercial/Business Gatherings - special events requests), indoor social gatherings of more than ten (10) persons and outdoor social gatherings of more than one hundred (100) persons are prohibited.

A social gathering is defined as a planned or spontaneous event, assembly, or meeting that brings together multiple people from separate households in a single space or area, indoors or outdoors, at the same time and in a coordinated fashion. 

  1. A social gathering includes, but is not limited to, such get-togethers as a banquet, barbecue, concert, fair, festival, funeral, luau, parade, party, picnic, or wedding.
  2. A social gathering does not include, and this definition does not apply to:
  • Federal, state and county government operations and functions;
  • Educational, adult and childcare facilities with adequate and active supervision and monitoring, enforcement capabilities, and established emergency response protocols;
  • Businesses, operations, and activities operating under Section A of this Rule;
  • Park operations and functions governed by Exhibit 2.
Mayor’s COVID-19 First Amended Emergency Rule No. 19 in all other respects shall remain in full force and effect.

This Second Amended Emergency Rule No. 19 shall take effect immediately and shall continue through January 28, 2022, unless extended, rescinded, superseded, or amended by my subsequent order, or as otherwise provided by law.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the County of Hawaiʻi to be affixed.  Done this 27th day of December, 2021 in Hilo, Hawaiʻi.

Lee E. Lord, Managing Director

for Mitchell D. Roth, Mayor

County of Hawaii

View the signed Mayor's COVID-19 Second Amended Emergency Rule No. 19