UNDER DECLARATION OF EMERGENCY DUE TO FIRE DANGERS
WHEREAS, on March 19, 2020, as Mayor of the Town of Cave Creek, pursuant to Town Code Section 30.23 and A.R.S. §26-311.A and B, I issued an Emergency Proclamation in response to the COVID-19 outbreak in order to preserve the peace, health, safety and order of the Town of Cave Creek; and
WHEREAS, my March 19th Proclamation ordered that certain activity in the Town of Cave Creek be curtailed such as on premises consumption of food and beverages at restaurants, food courts, cafes, coffeehouses, retail food facilities and other similar businesses and that certain businesses be closed; and
WHEREAS, following my March 19th Proclamation, on March 19, 2020, Governor Doug Ducey ordered that in all counties of the State of Arizona with confirmed cases of COVID-19 public access to bars, movie theaters, and indoor gyms/fitness clubs must be closed and on-site dining in all restaurants in counties with confinned cases of COVID-19 must also be closed; and
WHEREAS, the Governor’s Executive Order is effective until further notice as modified by subsequent actions of the Governor as a result of new data and information; and
WHEREAS, my March 19th Proclamation provided that it was subject to possible extension during the existence of the CORVID-19 outbreak; and
WHEREAS, my March 19th Proclamation was updated on April 6, 2020; and
WHEREAS, on May 4, 2020, I rescinded my prior Proclamations in order to allow the Town to follow the directives of the Governor; and
WHEREAS, on May 20, 2020, the Town of Cave Creek experienced a fast-moving brush fire that created a condition of extreme peril to life and property; and
WHEREAS, on May 30, 2020, the Town of Cave Creek experienced a second fast-moving brush fire that created a condition of extreme peril to life and property; and
WHEREAS, the Town of Cave Creek is surrounded by Jurisdictions and Organizations under Stage 2 Fire Restrictions creating a condition of extreme peril to life and property; and WHEREAS, the COVID-19 has negatively affected Fire Fighting Organizations staffing; and
WHEREAS, the July 4th weekend presents unique challenges to the fire protection of the residents of Cave Creek; and
WHEREAS, A.RS. §§ 26-311 (A) and (B) expressly allow the Mayor of a city or town “to impose all necessary regulations to preserve the peace and order of the city” when an emergency exists due to the danger of fire; and
WHEREAS, on June 30, 2020, the Governor reinstituted restrictions on certain business and recreational activities throughout the State.
IT IS HEREBY PROCLAIMED AND IMPOSED AS FOLLOWS:
A. To avoid the risk of fire damages to property and structures in the Town of Cave Creek, permissible consumer fireworks may not be used in the Town of Cave Creek.
B. This Proclamation shall be effective from 5:00 pm June 30, 2020 through 11 :59 pm July 6, 2020.
— Ernie Bunch, Mayor