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HomeMy WebLinkAbout2020 Declaration of DisasterC COLLEYVILLE „W raxns FIRST AMENDED DECLARATION OF DISASTER AND PROCLAMATION OF EMERGENCY REGULATIONS WHEREAS, in December 2019 a novel coronavirus, now designated COVID-19, was detected in Wuhan City, Hubei Province, China, with symptoms including fever, cough, and shortness of breath and with outcomes ranging from mild to severe illness and in some cases death; WHEREAS, on January 30, 2020, the World Health Organization Director General declared the outbreak of COVID-19 as a Public Health Emergency of International Concern (PHEIC), advising countries to prepare for the containment, detection, isolation, and case management, contact tracing and prevention of onward spread of the disease; WHEREAS, on March 5, 2020, the World Health Organization Director General urged aggressive preparedness and activation of emergency plans to aggressively change the trajectory of this epidemic; WHEREAS, on March 11, 2020 the World Health Organization (WHO) declared COVID-19 a worldwide pandemic; WHEREAS, the Centers for Disease Control and Prevention is closely monitoring the growing number of cases that have spread into the United States and the identification of "community spread" cases of COVID-19 in the United States signals that transmission of the virus is occurring; WHEREAS, COVID-19 spreads between people who are in close contact with one another through respiratory droplets produced when an infected person coughs or sneezes; WHEREAS, the continued worldwide spread of COVID-19 presents an imminent threat of widespread illness, which requires emergency action; WHEREAS, President Donald Trump declared a State of National Emergency for the United States of America on March 13, 2020; WHEREAS, Governor Greg Abbott issued a State of Disaster for all Texas counties for COVID-19 on March 13, 2020; WHEREAS, Governor Greg Abbott issued an Executive Order March 19, 2020, further clarifying additional measures for public gathering and business operations within the State of Texas; WHEREAS, County Judge Glen Whitley issued a Declaration of Disaster Due to Public Health Emergency for Tarrant County for COVID-19 on March 13, 2020; the County Commissioners issued a Renewal of Declaration of Local Disaster due to Public Health Emergency on March 17, 2020 and the County Judge issued a First Amended Declaration of Local Disaster due to Public Health Emergency to implement additional measures to ensure the protection of the residents of Tarrant County; Second Amendment Declaration on March 21, 2020; Executive Order clarifying language in Second Amendment on March 22, 2020; and Executive Order March 24, 2020. WHEREAS, the City of Colleyville has an adopted Emergency Management Plan and Coronavirus Response Plan in effect, enforcement of which is autonomous from the Tarrant County Declaration in the application of Disaster Declaration; WHEREAS, pursuant to the Texas Disaster Act of 1975, the Mayor is designated as the emergency management director of the City of Colleyville, and may exercise the powers granted to the governor on an appropriate local scale; WHEREAS, a declaration of local disaster and public health emergency includes the ability to reduce the possibility of exposure to disease, control the risk, promote health, compel persons to undergo additional health measures that prevent or control the spread of disease including isolation surveillance, quarantine, or placement of persons under public health observation, including the provision of temporary housing or emergency shelters for persons misplaced or evacuated and request assistance from the governor of state resources; WHEREAS, by this Declaration of Local Disaster and Public Health Emergency, I declare all rules and regulations that may inhibit or prevent prompt response to this threat suspended for the duration of the incident; WHEREAS, pursuant to the authority granted to the Mayor under the Texas Disaster Act of 1975, I authorize the use of all available resources of state government and political subdivisions to assist in the City's response to this situation; WHEREAS, Section 3.06 of the City Charter for the City of Colleyville, Texas provides that in a time of emergency, the Mayor may govern the City by proclamation and maintain order and enforce all laws; WHEREAS, I, Richard Newton, the Mayor of the City of Colleyville have determined that extraordinary and immediate measures must be taken to respond quickly to prevent and alleviate the suffering of people exposed to and those infected with the virus, as well as those that could potentially be infected or impacted by COVID-19. NOW THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF COLLEYVILLE, TEXAS: ARTICLE I DECLARATION OF DISASTER That a state of disaster and public health emergency is hereby declared for the City of Colleyville, pursuant to Section 418.108(a) of the Texas Government Code. 2. That the state of disaster and public health emergency shall continue for a period of not more than seven days of the date hereof (ordered March 20, 2020), unless the same is continued by the City Council of the City of Colleyville, Texas, pursuant to Section 418.108 (b) of the Texas Government Code. 3. That this declaration of a local state of disaster and public health emergency shall be given prompt and general publicity and shall be filed promptly with the City Secretary, pursuant to Section 418.108(c) of the Texas Government Code. 4. That the City's Emergency Operations Plan and Coronavirus Response Plan are activated and implemented, pursuant to Section 418.108(d) of the Texas Government Code. 5. That this declaration authorizes the City to commandeer or use any private property, temporarily acquire, by lease or other means, sites required for temporary housing units or emergency shelters for evacuees, subject to compensation requirements, pursuant to Section 418.020 of the Texas Government Code. 6. That this declaration authorizes the City to take any actions necessary to promote health and suppress disease, including quarantine, regulating ingress and egress from the City, and fining those who do not comply with the City's rules, pursuant to Section 122.006 of the Health and Safety Code. That in compliance with this declaration gatherings shall be limited as outlined within the Disaster Restrictions (hereto attached as Exhibit A). The uses in Article II are not considered "gatherings," but are limited or prohibited therein. That this declaration hereby authorizes the use of all lawfully available enforcement tools. ARTICLE II EMERGENCY REGULATIONS The following emergency regulations apply to all businesses located within the incorporated limits of the City of Colleyville in the manner set forth in this Article II. In accordance with Executive Order of County Judge Glen Whitley dated March 24, 2020, all persons residing within Colleyville should stay at their place of residence to reduce the risk of virus spread, except as allowed by this declaration. 2. Individuals testing positive for COVID-19 shall quarantine at home until such time as they are symptom -free or cleared by a medical professional. First responders (police, fire, public works, and essential government leadership) shall be allowed to work so long as protocols exists to protect public from virus spread. 3. That this declaration hereby directs that all non -essential businesses (essential businesses are defined in Exhibit A hereto) shall close to public. Non -essential businesses may continue Minimum Basic Operations (defined below) consisting exclusively of the following as long as Social Distancing is maintained between all employees and contractors during the activities: i. Operations necessary to maintain security, upkeep, and maintenance of premises, equipment or inventory, including but not limited to the care and maintenance of livestock or animals; ii. IT or other operations that facilitate employees working from home; iii. Facilitate online or call -in sales performed by employees in a store or facility closed to the public; allows for in-store or curbside pick-up; iv. In-store repair services performed by employees in a store or facility closed to the public. ARTICLE III PENALTIES In accordance with Texas Government Code §418.173, a person who knowingly or intentionally violates Article I of this declaration commits an offense, punishable by a fine up to $1,000.00 or confinement in jail for a term that does not exceed 180 days. The provisions contained in Article II of this declaration shall have the same effect of an ordinance when filed with the City Secretary. A person who knowingly or intentionally violates Article II of this declaration commits an offense, punishable by a fine up to $2,000.00. ARTICLE IV MISCELLANOUS PROVISIONS If any section, paragraph, subdivision, clause, phrase or provision of this declaration shall be judged invalid or unconstitutional, the same shall not affect the validity of this declaration as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. 2. Any ordinances or regulations that conflict with the emergency regulations contained in Article II are suspended or modified as necessary to make these regulations effective. Suspension or modification of the ordinances and regulations shall remain in effect until these regulations are terminated or until the state of disaster is terminated, whichever is sooner. That this first amended declaration shall take effect at 11:59 PM, March 24, 2020. The original declaration effective at 11:59 PM, March 20, 2020 remains in full force and effect until such time as this first amended declaration becomes effective. Signature page follows ORDERED this 24th day of March, 2020. Richard Newton, Ph.D., P.E., PMP Mayor, City of Colleyville ATTEST: Christine Loven, TRMC City Secretary Signed this 24th day of March 2020 at 4:15 p.m. Exhibit A Disaster Restrictions Locations Restrictions All gatherings without regard to purpose, unless identified No gatherings allowed except those comprised of family herein below. members, provided that no more than 10 family members are gathered at one time. Outdoor activities in Public Spaces Allowed. Social distancing required. Multiple families utilizing Walking, biking, running, golf courses and driving ranges, outdoor spaces does not constitute a gathering. utilizing parks, etc. All businesses except Essential Businesses No public occupancy permitted. Minimum basic operations allowed. Social distancing required. Entertainment & Retail No public occupancy permitted. Minimum basic operations Bars, lounges, taverns; Indoor commercial amusement allowed. Social distancing required. establishments; bingo halls; theaters; gyms; private clubs; meeting spaces; club houses; event centers; hotel meeting spaces and ballrooms; outdoor markets; malls; retail stores that do not sell essential household goods Hands-on Services No public occupancy permitted. Minimum basic operations Hair and nail and barber shops; estheticians and related allowed. Social distancing required. personal care businesses; spas and massage parlors; tattoo and piercing parlors and tanning salons; dog grooming Food / Restaurant Establishments In -House dining - CLOSED. Drive-in, drive -through, take out, and delivery is permitted. Social distancing required. Worship Services I Buildings closed for in -person group services, provided staff can attend to produce audio/video services. One-on-one appointments allowed. Social distancing required. Essential Businesses Grocery stores; stores selling essential household goods; pet food stores; convenience and package stores; pharmacies and drug stores; hardware stores; gas stations Day care facilities; medical facilities; veterinary care; non-profit service providers; homeless and emergency shelters Office buildings; essential government buildings; legal services; financial institutions; real estate transactions; Airports and transit facilities; transportation systems; residential buildings and hotels; construction; manufacturing and distribution facilities; communications; utility services; critical infrastructure sectors Maintenance and repair services; property maintenance services; pest control; laundromats, dry cleaners, laundry mail and shipping services Allowed to remain open. Social distancing required. Nursing homes, retirement, and long-term care facilities Prohibit non -essential visitors unless to provide critical assistance or for end -of -life visitation Funeral Services Allowed to operate, but no more than 10 individuals allowed to gather indoors. Gatherings of more than 10 people must be outdoors with 6 ft. distance between individuals. Must practice social distancing. COLLEYVILLE DECLARATION OF DISASTER AND PROCLAMATION OF EMERGENCY REGULATIONS WHEREAS, in December 2019 a novel coronavirus, now designated COVID-19, was detected in Wuhan City, Hubei Province, China, with symptoms including fever, cough, and shortness of breath and with outcomes ranging from mild to severe illness and in some cases death; WHEREAS, on January 30, 2020, the World Health Organization Director General declared the outbreak of COVID-19 as a Public Health Emergency of International Concern (PHEIC), advising countries to prepare for the containment, detection, isolation, and case management, contact tracing and prevention of onward spread of the disease; WHEREAS, on March 5, 2020, the World Health Organization Director General urged aggressive preparedness and activation of emergency plans to aggressively change the trajectory of this epidemic; WHEREAS, on March 11, 2020 the World Health Organization (WHO) declared COVID-19 a worldwide pandemic; WHEREAS, the Centers for Disease Control and Prevention is closely monitoring the growing number of cases that have spread into the United States and the identification of "community spread" cases of COVID-19 in the United States signals that transmission of the virus is occurring; WHEREAS, COVID-19 spreads between people who are in close contact with one another through respiratory droplets produced when an infected person coughs or sneezes; WHEREAS, the continued worldwide spread of COVID-19 presents an imminent threat of widespread illness, which requires emergency action; WHEREAS, President Donald Trump declared a State of National Emergency for the United States of America on March 13, 2020; WHEREAS, Governor Greg Abbott issued a State of Disaster for all Texas counties for COVID-19 on March 13, 2020; WHEREAS, Governor Greg Abbott issued an Executive Order March 19, 2020, further clarifying additional measures for public gathering and business operations within the State of Texas; WHEREAS, County Judge Glen Whitley issued a Declaration of Disaster Due to Public Health Emergency for Tarrant County for COVID-19 on March 13, 2020; the County Commissioners issued a Renewal of Declaration of Local Disaster due to Public Health Emergency on March 17, 2020; and the County Judge issued a First Amended Declaration of Local Disaster due to Public Health Emergency to implement additional measures to ensure the protection of the residents of Tarrant County; WHEREAS, the City of Colleyville has an adopted Emergency Management Plan and Coronavirus Response Plan and is autonomous from the Tarrant County Declaration in the application of Disaster Declaration enforcement; WHEREAS, pursuant to the Texas Disaster Act of 1975, the Mayor is designated as the emergency management director of the City of Colleyville, and may exercise the powers granted to the governor on an appropriate local scale; WHEREAS, a declaration of local disaster and public health emergency includes the ability to reduce the possibility of exposure to disease, control the risk, promote health, compel persons to undergo additional health measures that prevent or control the spread of disease including isolation surveillance, quarantine, or placement of persons under public health observation, including the provision of temporary housing or emergency shelters for persons misplaced or evacuated and request assistance from the governor of state resources; WHEREAS, by this Declaration of Local Disaster and Public Health Emergency, I declare all rules and regulations that may inhibit or prevent prompt response to this threat suspended for the duration of the incident; WHEREAS, pursuant to the authority granted to the Mayor under the Texas Disaster Act of 1975, I authorize the use of all available resources of state government and political subdivisions to assist in the City's response to this situation; WHEREAS, Section 3.06 of the City Charter for the City of Colleyville, Texas provides that in a time of emergency, the Mayor may govern the City by proclamation and maintain order and enforce all laws; WHEREAS, I, Richard Newton, the Mayor of the City of Colleyville have determined that extraordinary and immediate measures must be taken to respond quickly, prevent and alleviate the suffering of people exposed to and those infected with the virus, as well as those that could potentially be infected or impacted by COVID-19. NOW THEREFORE, BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF COLLEYVILLE, TEXAS: ARTICLE I DECLARATION OF DISASTER That a state of disaster and public health emergency is hereby declared for the City of Colleyville, pursuant to Section 418.108(a) of the Texas Government Code. 2. That the state of disaster and public health emergency shall continue for a period of not more than seven days of the date hereof, unless the same is continued by the City Council of the City of Colleyville, Texas, pursuant to Section 418.108 (b) of the Texas Government Code. That this declaration of a local state of disaster and public health emergency shall be given prompt and general publicity and shall be filed promptly with the City Secretary, pursuant to Section 418.108(c) of the Texas Government Code. 4. That the City's Emergency Operations Plan and Coronavirus Response Plan are activated and implemented, pursuant to Section 418.108(d) of the Texas Government Code. 5. That this declaration authorizes the City to commandeer or use any private property, temporarily acquire, by lease or other means, sites required for temporary housing units or emergency shelters for evacuees, subject to compensation requirements, pursuant to Section 418.020 of the Texas Government Code. 6. That this declaration authorizes the City to take any actions necessary to promote health and suppress disease, including quarantine, regulating ingress and egress from the City, and fining those who do not comply with the City's rules, pursuant to Section 122.006 of the Health and Safety Code. 7. That this declaration sets forth strong recommendations, attached as Exhibit A hereto, for the purpose of mitigating the spread of COVID-19; 8. That in compliance with the Executive Order of Governor Abbott, this declaration herby limits the size of gatherings, including social gatherings, to not more than 10 people and mandates the cancellation of all such gatherings of more than 10 people until further notice. This declaration does not prohibit gatherings of people in multiple, separate, enclosed spaces (including separate cubicles) in a single building such as different floors of multi -level office, residential building, or hotel, so long as more than 10 people are not present in any single space at the same time. This declaration also does not prohibit the use of enclosed spaces where more than 10 people may be present in the space at the same time. For any gathering covered by this subsection, the Mayor of the City of Colleyville strongly encourages compliance with the attached recommendations. The uses in Article II are not considered "gatherings," but are limited or prohibited therein. That this declaration hereby authorizes the use of all lawfully available enforcement tools. ARTICLE II EMERGENCY REGULATIONS The following emergency regulations apply to all businesses located within the incorporated limits of the City of Colleyville in the manner set forth in this Article II. It is hereby ordered that a restaurant with or without drive-in or drive -through services; drive-in restaurant; drive -through restaurant; or other food service businesses providing food or drink for consumption on the premises (including those ancillary to other uses) may only provide inside take out, curb -side take out, delivery, drive-in or drive -through services. 2. It is further ordered that all hands-on service establishments including gyms/fitness, massage, salons, and theatres shall close to the public except so as to provide curb -side or takeaway counter service. 3. That this declaration hereby directs that commercial establishments and houses of worship limit the occupancy of all buildings and facilities to the maximum extent possible, but at least to 50% occupancy as set forth on the business certificate of occupancy or 125 individuals whatever is less. This 50% occupancy limit does not apply to office buildings, government buildings, critical infrastructure, grocery stores and pharmacies, non-profit service providers, day cares, and medical facilities. Food service businesses in medical facilities that would otherwise be open to the public may still operate to serve medical staff, but shall not be open to the public, except as provided by Article I, Section 8. It is further ordered that the owner, manager, or operator of any business or facility that is likely to be impacted by the regulations contained in this Article II shall also post a copy of the recommendations attached as Exhibit A hereto in a conspicuous location visible to the public, to assist in mitigating the spread of COVID-19. 5. It is further ordered, in accordance with the Guidelines from the President, Governor, and the CDC, people shall not visit nursing homes or retirement or long-term care facilities unless to provide critical assistance. ARTICLE III PENALTIES In accordance with Texas Government Code §418.173, a person who knowingly or intentionally violates Article I this declaration commits an offense, punishable by a fine up to $1,000.00 or confinement in jail for a term that does not exceed 180 days. 2. The provisions contained in Article II of this declaration shall have the same effect of an ordinance when filed with the City Secretary. A person who knowingly or intentionally violates Article II of this declaration commits an offense, punishable by a fine up to $2,000.00. ARTICLE IV MISCELLANOUS PROVISIONS If any section, paragraph, subdivision, clause, phrase or provision of this declaration shall be judged invalid or unconstitutional, the same shall not affect the validity of this declaration as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. 2. Any ordinances or regulations that conflict with the emergency regulations contained in Article II are suspended or modified as necessary to make these regulations effective. Suspension or modification of the ordinances and regulations shall remain in effect until these regulations are terminated or until the state of disaster is terminated, whichever is sooner. 3. That this declaration shall take effect at 11:59 PM, March 20, 2020; provided that, the emergency regulations contained in Article II of this declaration shall not be effective until this declaration is duly filed with the City Secretary. ORDERED this 20th day of March, 2020. Richard Newton, Ph.D., P.E., PMP Mayor, City of Colleyville ATTEST: Christine Loven, TRMC City Secretary Signed this 20a' day of March 2020 at 4:15 p.m. EXHIBIT A CITY OF COLLEYVILLE RECOMMENDATIONS FOR MITIGATING THE SPREAD OF COVID-19 The City of Colleyville strongly recommends the following: (1) Cancel all nonessential gatherings and meetings of more than 10 people. (2) Create smaller groups for essential meetings, and consider holding video/audio meetings instead. (3) For individuals at increased risk of severe illness generally should avoid public contact with others and take preventative measures (gloves, masks, etc.) when in public settings. (4) For operators of public spaces, provide ways for patrons to maintain safe social distancing, for example, maintaining six feet of separation between individuals; have hand washing capabilities, hand sanitizers and tissues available; and frequently clean high touch surface areas like counter tops, hand rails, and door knobs. (5) For workplaces, promote telecommuting; ensure employees do not work while sick; do not require a doctor's note for employees who are sick; maximize flexibility in sick leave benefits; and minimize the number of employees working within arm's length of one another. (6) Commercial businesses should encourage the use of drive-thru, curbside, or delivery services. Further, employees should be discouraged from working within arm's length of one another. Ongoing measures should be taken to ensure handwashing capabilities, hand sanitizers, and frequent cleaning of high -touch surface areas like countertops, doorknobs, and handrails. (7) Determine ways to consider providing support services, including meals, to individuals at increased risk of severe illness while limiting group settings and exposures. (8) Minimize all nonessential travel. TARRANT COUNTY EXECUTIVE ORDER OF COUNTY JUDGE B. GLEN WHITLEY WHEREAS, pursuant to Texas Government Code § 418.108, Tarrant County Judge B. Glen Whitley issued a Declaration of Local Disaster due to Public Health Emergency on March 13, 2020 due to imminent threat of widespread illness from COVID-19; and WHEREAS, the County Judge has determined that extraordinary measures must be taken to mitigate the effects of this public health emergency and to facilitate the efficient, rapid, and cooperative response to the emergency; and WHEREAS, the County Judge issued a Declaration of Local Disaster due to Public Health Emergency on March 13, 2020 and the County Commissioners issued a Renewal of Declaration of Local Disaster due to Public Health Emergency on March 17, 2020, and on March 18, 2020, the County Judge issued a First Amended Declaration of Local Disaster due to Public Health Emergency. The County Judge issued a Second Amended Declaration of Local Disaster due to Public Health Emergency to implement additional measures to ensure the protection of the residents of Tarrant County on March 21, 2020. WHEREAS, to remain consistent with the declaration of the Texas Department of State Health Services and the executive order issued by Governor Greg Abbott as of March 19, 2020 and to harmonize to the extent possible, the executive orders of Governor Greg Abbott, the Tarrant County Judge and the mandates contained in the declarations of the Mayors of the Cities of Fort Worth, Arlington and the other cities of Tarrant County, the County Judge issues this Executive Order. THEREFORE, Pursuant to Texas Government Code Chapter 418, Be It Proclaimed and ORDERED by the County Judge that: 1. That a state of disaster and public health emergency is hereby declared for Tarrant County, pursuant to § 418.108(a) of the Texas Government Code. 2. That this Executive Order of a local state of disaster and public health emergency shall be given prompt and general publicity and shall be filed promptly with the County Clerk, pursuant to § 418.108(c) of the Texas Government Code. 3. That the Tarrant County Emergency Operations Plan is activated and implemented, pursuant to § 418.108(d) of the Texas Government Code. 4. That the County is authorized to commandeer or use any private property, temporarily acquire, by lease or other means, sites required for temporary housing units or emergency shelters for evacuees, subject to compensation requirements, pursuant to § 418.020(c) of the Texas Government Code. 5. That this Executive Order authorizes the County to take any actions necessary to promote health and suppress disease, including quarantine, evacuation, regulating ingress and egress from a disaster area and controlling the movement of persons and the occupancy of premises, pursuant to § 418.108(f), (g) of the Texas Government Code. Executive Order of County Judge B. Glen Whitley Page 2 6. All persons currently residing within the incorporated and unincorporated territory of Tarrant County shall stay at their place of residence, except as allowed by this Order. All persons may leave their residences only for Essential Travel, to work in Essential Businesses, Government Service, or Essential Critical Infrastructure, or to perform Minimum Basic Operations, as defined below. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably as possible maintain Social Distancing, defined below. All businesses operating in Tarrant County, except Essential Businesses as defined below, are required to close to the public. Non -essential businesses may continue Minimum Basic Operations consisting exclusively of the following as long as Social Distancing is maintained between all employees and contractors during the activities: a. Operations necessary to maintain security, upkeep, and maintenance of premises, equipment or inventory, including but not limited to the care and maintenance of livestock or animals; b. IT or other operations that facilitate employees working from home; c. Facilitate online or call -in sales performed by employees in a store or facility closed to the public; d. In-store repair services performed by employees in a store or facility closed to the public 8. It is ordered that a restaurant with or without drive-in or drive -through services; drive-in restaurant; drive -through restaurant; liquor stores; or microbrewery, micro -distillery, or winery may only provide take out, delivery, or drive-in or drive -through services as allowed by law. Social Distancing is required. 9. All public or private gatherings of any number of people occurring outside a single household are prohibited, except as otherwise provided herein. Nothing in this Executive Order prohibits the gathering of members of a household or living unit. 10. All elective medical, surgical, and dental procedures are prohibited anywhere in Tarrant County. Hospitals, ambulatory surgery centers, dental offices, and other medical facilities are directed to identify procedures that are deemed "elective" by assessing which procedures can be postponed or cancelled based on patient risk considering the emergency need for redirection of resources to COVID-19 response. 11. If someone in a household has tested positive for COVID-19, the household is ordered to isolate at home. Members of the household cannot go to work, school, or any other community function until cleared by a medical professional but may seek medical services as needed from medical personnel and facilities. 12. Nursing homes, retirement, and long-term care facilities are to prohibit non -essential visitors from accessing their facilities unless to provide critical assistance or for end -of -life visitation. 13. Individuals experiencing homelessness are strongly urged to obtain shelter and maintain social distancing of 6 feet when feasible. If a homeless person is sheltered and exhibits symptoms or is diagnosed, the shelter's isolation center shall be deemed the residence of the homeless person solely for the purpose of complying with the requirements of this Executive Order. Medical personnel shall make the decision whether any other shelter residents shall be required to isolate based on potential exposure. Available shelters, to the maximum extent practicable, must use COVID-19 risk mitigation practices in their operations. 14. That no person shall sell any of the following goods or services for more than the price the person charged for the goods or services on March 16, 2020 and continuing during the pendency of this Executive Order: Executive Order of County Judge B. Glen Whitley a, groceries, beverages toilet articles, ice; b. restaurant, cafeteria, and boarding-house meals; and c. medicine, pharmaceutical and medical equipment and supplies. 15. Definitions: a. Social Distancing means maintaining at least 6 feet distance from other individuals, frequently washing hands with soap and water for at least 20 seconds, using hand sanitizer, covering coughs or sneezes (into the sleeve or elbow, not the hands), regularly disinfecting high touch surfaces, and not shaking hands. b. Minimum Basic Operations include the following, provided that employees comply with Social Distancing: i. The minimum necessary activities to maintain the value of the business's inventory, ensure security, process payroll and employee benefits, or for related functions. ii. The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences. c. Essential Activities includes any of the following: i. To engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members (for example, obtaining medical supplies or medication, visiting a health care professional, or obtaining supplies need to work from home). ii. To obtain necessary services or supplies for themselves and their family or household members, or to deliver those services or supplies to others (for example, food, pet and livestock supplies, and any other household consumer products, and products necessary to maintain the safety, sanitation, and essential operation of residences). It is strongly recommended that households, to the greatest extent possible, send only one person to businesses for the purpose of picking up food or other essential items. iii. To engage in outdoor activity, provided the individuals comply with social distancing requirements of 6 feet (for example, walking, biking, hiking, golfing, or running). iv. To perform work providing essential products and services at an Essential Business or to otherwise carry out activities specifically permitted in this Executive Order. v. To care for a family member or pet in another household. d. Essential Businesses means: i. Essential Health Care Services. Healthcare operations, including hospitals, clinics, doctors, dentists, pharmacies, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers, substance abuse providers, blood banks, medical research, or any related and/or ancillary healthcare services, veterinary care provided to animals. Home -based care for seniors, adults, or children. Residential facilities and shelters for seniors, adults, and children. Healthcare operations do not include fitness and exercise gyms and similar facilities. Healthcare operations do not include elective medical, surgical, and dental procedures as established in accordance with this Executive Order. ii. Essential Government Functions. All services provided by local, state and federal governments needed to ensure the continuing operation of the government agencies to provide for the health, safety and welfare of the public. All Essential Government Functions shall be performed in compliance with social distancing requirements of 6 feet, to the extent possible. iii. Essential Critical Infrastructure Work necessary to the operations and maintenance of the 16 critical infrastructure sectors as identified by the National Cybersecurity and Infrastructure Agency (CISA) including public works construction, residential and commercial construction, airport operations, water, sewer, gas, electrical, oil refining, roads and highways, public transportation and other transportation network companies, and ride -sharing services that provide transportation services necessary for the performance of essential activities, essential businesses, essential Executive Order of County Judge B. Glen Whitley Page 4 infrastructure, and essential government function, solid waste collection and removal, internet, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web -based services), financial institutions, defense and national security -related operations, essential manufacturing operations. iv. Essential Retail. Food service providers, including grocery stores, warehouse stores, liquor stores, bodegas, gas stations, convenience stores, and farmers' markets and other retail stores that sell food products and household staples, pet and feed stores. Businesses not open to the public that ship or deliver groceries, food, goods or services directly to residences. Restaurants and other facilities that prepare and serve food, but only for delivery, take out, drive-in, drive -through or carry out. Schools and other entities that typically provide free services to students or members of the public on a pick-up and take -away basis only. The restriction of delivery or carry out does not apply to cafes and restaurants located within hospital and medical facilities. Laundromats, dry cleaners, and laundry service providers. Businesses that provide for the delivery of, or preparation of vehicles. Businesses that supply products needed for people to work from home, including businesses providing mail and shipping and post office box. Businesses that supply products necessary for essential repairs and maintenance of a home or business. Hotel, motels, and shared rental units, except that all bars, cafes, or restaurants in hotels, motels, and shared rental units are closed except for pick-up and room service. v. Providers of Basic Necessities to Economically Disadvantaged Populations Social services and charitable organizations that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals; that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise vulnerable -individuals. vi. Essential Services Necessary to Maintain Essential Operations of Residences or Other Essential Businesses. Trash and recycling collection, processing and disposal, mail and shipping services, building cleaning and maintenance, auto repair, warehouse/distribution and fulfillment, and storage for essential businesses. Plumbers, pool services, security services, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operations of residences, Essential Activities, and Essential Businesses. Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities. vii. News Media. Newspapers, television, radio, and other media services. viii. Financial Institutions. Banks and related financial institutions, consumer lenders, alternative financial services companies, sales and finance lenders, credit unions, appraisers, and title companies. As much business as possible shall be conducted with web -based technology to limit in -person contact. ix. Real Estate Transactions: Services related to current real estate transactions. As much business as possible shall be conducted with web -based technology to limit in - person contact. x. Childcare Services. Childcare facilities providing services that enable employees who perform Essential Activities or work for an Essential Business to work as permitted. xi. Animal Shelters, Zoos. and Other Businesses that Maintain Live Animals Businesses that maintain and care for live animals are not permitted to allow any visitors or patrons but may continue to operate to the extent necessary to provide the necessary care for the animals. Nothing in this section shall prohibit a non -employee from entering the premises to perform a health care services or another Essential Business service. xii. Construction. Construction under a valid permit issued by a governmental entity. Executive Order of County Judge B. Glen Whitley Page 5 xiii. Funeral Services. Funeral homes, crematoriums and cemeteries may operate but no more than ten non -employees may be present at the same time. xiv. Worship Services. No in -person worship services are permitted. Needed staff can attend to produce audio/video or conduct services for transmission. xv. Movina Services and Supply. Businesses that provide residential and/or commercial moving services and necessary moving supplies. e. Essential Travel. For the purposes of this Executive Order, Essential Travel includes travel for any of the following purposes. i. Any travel related to the provision of or access to Essential Activities, Essential Governmental Functions, and Essential Businesses Essential Critical Infrastructure, Minimum Basic Operation; ii. Travel to care for elderly, minors, dependents, persons with disabilities, or other vulnerable persons; iii. Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, and any other related services; iv. Travel to return to a place of residence from outside the jurisdiction; v. Travel required by law enforcement or court order; vi. Travel by church staff or clergy for the purpose of production of remote delivery of religious services and other ministries requiring travel; vii. Travel related to attending a funeral service; or viii. Travel required for non-residents to return to their place of residence outside the County. Individuals are strongly encouraged to verify that their transportation out of the County remains available and functional prior to commencing such travel. 16. That any certified peace officer or other person with lawful authority is hereby authorized to enforce the provisions of this Executive Order in accordance with the authority granted under the Texas Disaster Act of 1975. Any person who violates this Executive Order may be subject to a fine not exceeding $1,000 or confinement for a period not exceeding 180 days. 17. That this Executive Order incorporates the attached table, Disaster Restrictions, as if set forth verbatim herein. 18. The sections, paragraphs, sentences, clauses and phrases of this Executive Order are severable and if any phrase, clause, sentence, paragraph or section of this Executive Order should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences paragraphs and sections that can be given effect without the invalid provision, and to this end, the provisions of this Executive Order are severable. 19. This Executive Order is issued in accordance with and incorporates by reference any declaration of disaster previously issued and adopted by Tarrant County. In the event of a conflict between this Executive Order and a prior declaration or order pertaining to COVID -19, this Executive Order prevails. 20. This Executive Order shall take effect at 11:59 pm on the 24th day of March 2020 and shall remain in effect until April 7, 2020, unless terminated or modified by a subsequent Order. ORDERED this the 24th day of March 2020. Z�2�2. 14— R; B. Glen Whitley, County Judge