Executive Order Prohibiting Door-to-Door Solicitation and Yard, Porch, Garage, and Similar Sales

WHEREAS, on March 13, 2020, the President of the United States declared a national emergency; and,

WHEREAS, on March 16, 2020, the Governor of West Virginia declared a state emergency; and,

WHEREAS, as of March 17, 2020, the Mayor of the City of Elkins declared a city-wide state of emergency; and,

WHEREAS, the Emergency Proclamation issued on March 17, 2020 invokes the authority granted to me by West Virginia Code § 15-5-1, et seq., and Elkins City Charter Sec. 20, et seq., to, among other powers, issue executive orders necessary in the management of this existing and threatened state of emergency; and,

WHEREAS, the City of Elkins has the responsibility to take proactive and preventative measures to slow down or stop the spread of COVID-19 in our community; and,

WHEREAS, further measures are necessary to protect the health, safety, and welfare of the public, to disrupt the spread of the virus, and to mitigate the impact of COVID-19, including the prohibition of personal property sales open to the public and door-to-door solicitation; and,

NOW THEREFORE, I, Van T. Broughton, Mayor of the City of Elkins, pursuant to the authority granted in West Virginia Code § 15-5-1, et seq., and Elkins City Charter Sec. 20, et seq., hereby DECLARE and ORDER, effective as of 12:00 AM, EST, on the Seventh day of April, Two Thousand Twenty, that all personal property sales open to the public, including, but not limited to, yard sales, porch sales, garage sales, sidewalk sales, craft sales, indoor and outdoor flea markets, auctions, and the like, are prohibited;

I FURTHER DECLARE and ORDER, effective as of 12:00 AM, EST, on the Seventh day of April, Two Thousand Twenty, that all door-to-door solicitation, for the purpose of sales or donations, are hereby prohibited.

Pursuant to the authority granted to me in West Virginia Code § 15-5-1, et seq., and Elkins City Code Sec. 20, et seq., it shall be unlawful for any person to violate any provision of any restriction imposed by this executive order.

Upon execution, this proclamation shall be filed with the City Clerk and a copy shall be sent to the Randolph county Commission and the Governor of West Virginia. This proclamation and any executive order or emergency policy issued under the authority of this proclamation shall be available for public view on the City of Elkins website.

This order shall be in effect until I issue a subsequent proclamation rescinding the existing and threatened state of emergency.

DATED this 6th day of April, 2020.

Van T. Broughton, Mayor

Witnessed by:

Jessica R. Sutton, City Clerk

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