PROCLAMATION OF LOCAL STATE OF EMERGENCY
JOSEPH M. DeSTEFANO, MAYOR
CITY OF MIDDLETOWN, NEW YORK

Pursuant to Section 24 of the New York Executive Law and in accordance with the Code and Charter of the City of Middletown, New York, I, Joseph M. DeStefano, Mayor of the City of Middletown, New York, make the following findings and orders in response to the outbreak of the COVID-19 virus, also known as the Coronavirus, in New York State and particularly in Orange County:

WHEREAS, I issued a Proclamation of Local State of Emergency, effective March 16, 2020, based upon findings and conditions which are hereby fully incorporated into this Proclamation as if fully set forth herein, and

WHEREAS, I issued extensions of said Proclamation, and

WHEREAS, the findings and conditions that led to the issuance and extensions of such Proclamation have recently worsened in Orange County, and

WHEREAS, it is clear that Middletown must require and enforce the wearing of facial masks or coverings to prevent the spread of COVID-19.

NOW, THEREFORE, based upon the above findings and in accordance with applicable local and State law, I, Joseph M. DeStefano, Mayor of the City of Middletown, New York, have promulgated the following local emergency orders to protect life and health and to bring the emergency situation under control:

1. The state of local emergency due to the virus as set forth above shall commence at 3:00 p.m. on Thursday, November 19, 2020 and shall terminate on December 18, 2020, unless rescinded on an earlier date by me.

2. All of the orders and directives set forth in my initial Proclamation, effective March 16, 2020, are hereby renewed and re-issued as if fully incorporated herein.

3. All persons must wear facial masks or coverings in accordance with any ordinance enacted by the Common Council of the City of Middletown during the effective period of this emergency Proclamation.

Promulgated this 19th day of November, 2020, at Middletown, New York.

Joseph M. DeStefano, Mayor
City of Middletown, New York

ORIGINAL PROCLAMATION ON MARCH 16, 2020:

PROCLAMATION OF LOCAL STATE OF EMERGENCY
JOSEPH M. DeSTEFANO, MAYOR
CITY OF MIDDLETOWN, NEW YORK

Pursuant to Section 24 of the New York Executive Law and in accordance with the Code and Charter of the City of Middletown, New York, I, Joseph M. DeStefano, Mayor of the City of Middletown, New York, make the following findings and orders in response to the outbreak of the COVID-19 virus, also known as the Coronavirus, in New York State and particularly in Orange County:

WHEREAS, various Federal and State proclamations have been issued regarding the outbreak of the subject virus and the severe threat it poses to life and health, and

WHEREAS, these proclamations have provided guidance for protection of the public and municipal employees in connection with public activities and gatherings, and access to public buildings, facilities and transportation, and

WHEREAS, cases of transmission and infection of the virus have been recently documented in New York State and particularly in Orange County, and more cases are expected to develop and/or be discovered.

NOW, THEREFORE, based upon the above findings and in accordance with applicable local and State law, I, Joseph M. DeStefano, Mayor of the City of Middletown, New York, have promulgated the following local emergency orders to protect life and health and to bring the emergency situation under control:

1. The state of local emergency due to the virus as set forth above shall be in effect commencing 5:00 p.m. on Monday, March 16, 2020 and shall terminate on April 3, 2020, unless rescinded on an earlier date by me. As Mayor, I also have the authority by means of an additional proclamation to extend this state of emergency for a period not to exceed thirty days.

2. All City of Middletown buildings, including City Hall, shall be closed to the general public, unless escorted by a member of the Middletown Police Department or a City employee. Such escorts shall be provided only to those persons having a reasonable need for such access. Persons in need of such access are directed to come in person to the manned entrance between the Police Station and City Hall at 16 James Street. Alternatively, persons needing access may contact the relevant City Department by telephone.
3. Signs shall be posted at the entrances of all City buildings and shall include the telephone numbers of various City departments. Such telephone numbers shall also be available on the City’s website. For those wishing to pay taxes or engage in other written communications, the person manning the entrance between the Police Station and City Hall shall be authorized to accept such materials.

4. All City employees shall report to their regular job sites at the usual times, unless directed to do otherwise. Nothwithstanding any agreement or policy to the contrary, all employees are considered essential during this state of emergency. Employees are encouraged, however, to utilize legitimate sick time if they are experiencing any symptoms of flu, fever, coughing or other illnesses.

5. All meetings of City boards, including the Planning and Zoning Boards, are hereby cancelled, subject to the following exceptions. Any City board which must make a reasonably necessary decision during this state of emergency may meet to consider and vote upon such matter(s) upon reasonably practicable notice to the public; public attendance is allowable only pursuant to the escort referred to above. The City Common Council shall continue to hold regularly scheduled or special meetings, if necessary, with public attendance available only through the escort referred to above. All Council meetings shall continue to be televised live. All Council and other Board meetings shall comply with all New York State requirements for conducting public meetings without the public being present.

6. All City events and functions involving the general public are hereby cancelled or postponed until further notice. Exceptions may occur only through advance approval by me.

7. All City Department heads are directed to manage their respective departments and employees in a manner that will minimize exposure of such employees and any members of the general public to the virus in accordance with the recommendations issued by the Orange County Department of Health and all other relevant medical professionals and governmental agencies. Department Heads shall comply with the Interim Guidance virus procedures, dated March 11, 2020, and as updated.

Promulgated this 16th day of March, 2020, at Middletown, New York.

Joseph M. DeStefano, Mayor
City of Middletown, New York

WHEREAS, in February 2020, the Center for Diseases Control and Prevention ("CDC") confirmed the first case in the United States of a new respiratory disease called the novel coronavirus (COVID-19). COVID-19 is caused by a virus (SARS-CoV-2) that is part of a large family of viruses called corona viruses. COVID-19 spread rapidly in New York. COVID-19 poses serious health risks to persons infected with the disease, particularly those with underlying medical conditions and the elderly. New York State first identified cases within its borders on March 1, 2020. It is therefore essential that the spread of the virus be slowed to safeguard public health, safety, and welfare, and

WHEREAS, the virus that causes COVID-19 is readily transmitted via respiratory droplet contact, especially in group settings. Droplet transmission can be reduced with the use of personal protective barriers such as face masks. The CDC and other public health agencies have uniformly recommended that the general public wear cloth face coverings and that individuals not residing within the same household maintain at least six feet of social distance from one another to prevent the spread of COVID-19 by droplet transmission, and

WHEREAS, on April 15, 2020, Governor Cuomo issued Executive Order 202.17 requiring any individual who is over the age of two and able to medically tolerate a face-covering to cover the nose and mouth with a mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining social distance, and

WHEREAS, on May 28, 2020, the Governor issued Executive Order 202.34 which authorized business operators and building owners to deny admittance to individuals who fail to comply with the Governor's face mask mandate set forth in Executive Order 202.17 or to require or remove individuals from the premises if such individual fails to wear a face mask as required. Nothing in Executive Order 202.34 or any other Executive Order prohibits or limits the right of State and local enforcement authorities from imposing fines or other penalties for violations of the directive in Executive Order 202.17, and

WHEREAS, the New York State Department of Health has issued Industry Guidance During the COVID-19 public health emergency for a variety of activities, industries and businesses which sets forth physical distancing requirements to minimize the spread of droplets and airborne contaminants, including generally mandating a distance of six feet between individuals, and when not able to do so, the wearing of acceptable face covering, and

WHEREAS, the Governor has issued multiple Executive Orders limiting the gatherings of individuals, whether it is on public or private property. Gatherings that do not exceed the Governor's limitations may occur so long as appropriate social distancing and face covering requirements are adhered to, and

WHEREAS, Governor Cuomo has stated that local governments have a responsibility to enforce social distancing, mask-wearing requirements and business closures and limitations. The Governor has warned local governments across New York State that if local officials do not enforce compliance with COVID19 public health orders, areas will be closed again. The Governor has stated that he will reverse openings in areas that are not complying with the rules and in those areas where local governments are not enforcing the law, and

WHEREAS, the City of Middletown has a population of approximately 28,000 residents, and approximately 1,512 City residents have been diagnosed positively for COVID-19 infection, and

WHEREAS, the Mayor of the City of Middletown has issued various Proclamations of Local States of Emergency due to the threats posed by COVID-19, and

WHEREAS, the Mayor’s most recent Proclamation requires the use of face masks or face coverings within the City of Middletown, and

WHEREAS, while voluntary compliance with the aforementioned health and safety precautions on public and private property is preferred, the Common Council of the City of Middletown has determined that the grave health risks and economic impacts associated with COVID-19 require enforcement mechanisms to protect the public health, safety and welfare of City residents.

NOW, THEREFORE, Be it Resolved and Ordained by the Common Council of the City of Middletown:

Section 1. There is to be added to the Code of the City of Middletown a new Chapter 215, entitled "COVID-19 Enforcement" to read in its entirety as follows:

CHAPTER 215. COVID-19 ENFORCEMENT.

Section 215-1 Purpose of this Chapter.

The purpose of this Chapter 215 is to require the use of face masks or face coverings in the City of Middletown to prevent the spread of COVID-19 and is being enacted pursuant to the authority contained in Title 10 (Health) of the Official Compilation of Codes, Rules and Regulations of the State of New York, Part 66 “Immunizations and Communicable Diseases”, Subpart 66-3, entitled “COVID-19 Emergency Regulations effective July 9, 2020, and pursuant to the authority contained in the various emergency proclamations of the Governor of the State of New York and the Mayor of the City of Middletown.

Section 215-2. Definitions.

Face Masks and Face Coverings: Masks and face coverings include, but are not limited to, cloth (e.g.. homemade, sewn, quick cut, bandana), surgical masks, KN95, N-95 respirators, and face shields, any one of which must cover the nose and mouth of the wearer.

Section 215-3. Face mask or face covering required.

A. In the City of Middletown all persons in or upon public property must wear a face mask or face covering, which must be worn covering the nose and mouth of the wearer, at all times when the wearer is unable to maintain a distance of six feet of another person or persons unless such person is part of a household unit.

B. All persons must wear a face mask or face covering which must be worn covering the nose and mouth of the wearer at all times when on private property located in the City of Middletown, including but not limited to public areas of residential property, business and professional offices, retail and personal service establishments, restaurants, child care facilities, places of public accommodation, private clubs and religious establishments, when unable to maintain a distance of six feet from another person who is not a member of the same household.

C. Owners of businesses located in the City of Middletown must ensure compliance by customers or visitors on business premises with the provisions of this Section.

Section 215-4. Exceptions.

A. Face masks or face coverings shall not be required to be worn if individuals maintain a distance of at least six feet from another person. Individuals who reside in the same household are not required to wear a face mask or face covering when located within six feet of each other.

B. Face masks or face coverings shall not be required to be worn by any child under the age of six or by anyone who is unable to medically tolerate a face covering as determined by a New York licensed physician or mid-level provider, however, this provision shall not exempt any person from maintaining a distance of at least six feet from another person, except for a child under six or when such person is with a guardian who is not a member of the household.

C. Drivers traveling alone or exclusively with members of their households in or upon a motor vehicle do not need to wear face coverings when traveling in or upon said vehicles. Individuals who are riding bicycles, scooters, or are jogging are exempt if in the roadway and not upon the sidewalk.

D. Persons playing a sport or participating in a fitness class or recreational activity are not required to wear a face mask if such individuals are unable to tolerate a face covering for the physical activity. Persons must put a face mask or face covering on as soon as such physical activity has ended.

E. Individuals are not required to wear a face mask or face covering when they are stationary, seated or standing while actively eating and/or drinking, or while seated within a City restaurant's approved eating area.

F. Police officers, fire fighters, ambulance personnel and other first

§ 460-14. Night parking.

A. The parking of vehicles is hereby prohibited on all highways and streets within the City between the hours of 2:00 a.m. and 6:00 a.m. from the 1st day of December until and including the 15th day of March of each year, except for any vehicle permitted through the Office of the City Clerk, or on the following street(s): the westerly side of Rivervale Road. The owners or operators of vehicles parked in violation of this Subsection are subject to the penalties, including removal, provided in Section 460-41 of this Chapter.

B. City residents who do not have a driveway or access to off-street parking may apply to the Office of the City Clerk for a Winter Season Street Parking Permit, which would entitle such residents to park their vehicle in a legal parking space on the street, within one hundred (100) feet of the boundary of their property, during the time periods referenced in Subsection A, above. However, it shall be the obligation of the vehicle owner or operator to remove such permitted vehicle from the street during any periods of snow alert, precipitation or other emergency in accordance with the provisions of Sections 460-22, 460-75 and 460-81. The owners or operators of vehicles parked in violation of this Subsection are subject to revocation of their Winter Season Street Parking Permit in the discretion of the Mayor, as well as to the penalties, including removal, provided in Section 460-41 of this Chapter.

A wintertime parking permit system to alleviate the hardships of residents who do not have adequate off-street parking, and to clarify parking regulations during snow alerts.

On Tuesday, November 17, 2020 the Common Council of the City of Middletown voted to change the wintertime parking ordinance from November 15th through April 15th to the new time of:

2:00 a.m. to 6:00 a.m. from the 1st day of December until and including the 15th day of March of each year, except for any vehicle permitted through the Office of the City Clerk, or on the following street(s): the westerly side of Rivervale Road.

City residents who do not have a driveway or access to off-street parking may apply to the Office of the City Clerk for a Winter Season Street Parking Permit, which would entitle such residents to park their vehicle in a legal parking space on the street, within one hundred (100) feet of the boundary of their property, during the time periods referenced above. However, it shall be the obligation of the vehicle owner or operator to remove such permitted vehicle from the street during any periods of snow alert, precipitation or other emergency in accordance with the provisions of Sections 460-22, 460-75 and 460-81. The owners or operators of vehicles parked in violation of this Subsection are subject to revocation of their Winter Season Street Parking Permit at the discretion of the Mayor, as well as to the penalties, including removal, provided in Section 460-41 of this Chapter.

To obtain the Wintertime Permit you must fill out an application, include the following for verification and mail to the City Clerk at 16 James Street, Middletown, NY 10940.

You must include with your application:

1. A completely filled out application
2. Copy of valid Driver’s License – must have Middletown address not P.O. address
3. Copy of valid vehicle registration
4. Mandatory sign up for Nixle notice for snow alert
5. $25.00 fee for Permit

The Permit is limited to ONE per household. Inspectors will be checking all address for compliance of the ordinance.

Delivery of permit may take up to two weeks for verification and mailing.

Permit must hang in full view for Police verification.

Click here for application and full ordinance →   pdf Wintertime Parking Permit Application (192 KB)