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HomeMy WebLinkAboutResolution 5258-08-2020 A Resolution NO. 5258-08-2020 RESOLUTION TO CONTINUE THE MAYOR'S AUGUST 2,2020 EXECUTIVE ORDER REGARDING FACE COVERINGS WHEREAS, pursuant to Texas Government Code § 418.108, Mayor Betsy Price issued a Declaration of Local Disaster Due to Public Health Emergency on March 13, 2020 in response to the imminent threat of widespread illness from COVID-19; and WHEREAS,the Declaration of Local Disaster declared on March 13,2020 has remained in place continuously since such date; and WHEREAS, Governor Greg Abbott, on April 17,2020, suspended Section 418.1015(b)and 418.108 of the Texas Government Code,Chapter 81,Subchapter E of the Texas Health and Safety Code, and any other relevant statutes to the extent necessary to ensure that local officials do not impose restrictions in response to the COVID-19 disaster that were inconsistent with the Governor's executive orders; and WHEREAS, Governor Greg Abbott, on or about April 27, 2020, expressed that local officials cannot require individuals to wear face masks to ensure that individual liberty is not infringed upon by government;and WHEREAS, Governor Greg Abbott, on June 17, 2020, stated that local governments can require stores and businesses to require masks; and WHEREAS,Mayor Price,on June 25,2020,issued and executive order requiring businesses in the City of Fort Worth to implement a Health and Safety Policy to help stop the spread of COVID-19, which was subsequently extended by the Fort Worth City Council until 6:00 am on August 3,2020; and WHEREAS, Governor Greg Abbott, on July 2,2020, issued Executive Order GA-29 which requires individuals to wear face coverings in certain circumstances in order to stop the spread of COVID-19; and WHEREAS, it is the intent of this Resolution to remain consistent with and to harmonize, to the extent possible, the executive orders of Governor Greg Abbott (as extended or modified); and WHEREAS,there currently still exists a declaration of public health disaster in and for the State of Texas as declared by Governor Greg Abbott and the Texas Department of State Health Services (DSHS) and locally by the approval of Resolution 5216-04-2020, Resolution of Public Health Emergency, approved by the Fort Worth City Council on April 29, 2020; and WHEREAS,the Mayor is authorized to take such actions as are necessary in order to protect the health,safety and welfare of the citizens of Fort Worth so long as such action is consistent with Governor Abbott's executive orders; and WHEREAS, the transmission of COVID-19 has not significantly dissipated and remains a significant threat to the health and safety of the Fort Worth community and additional action is necessary to decrease rates of infection and the number of people admitted to hospitals, ICU, or on ventilators; and WHEREAS, the Mayor issued an Executive Order on August 2, 2020, regarding face coverings(the"Executive Order")for the purpose of continuing to protect the health and safety of the community and address developing and rapidly changing circumstances; and WHEREAS, pursuant to Texas Government Code Chapter 418 and the Texas Disaster Act of 1975,the City Council must renew or continue the Executive Order for the Executive Order to remain in effect beyond seven (7)days. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS: I. 1. That the Executive Order, a copy of which is attached, is hereby continued through 11:59 pm on August 31, 2020, unless extended, modified or terminated early by the Mayor or the City Council. 2. That all of the regulations provided in the Executive Order and this resolution are hereby declared to be governmental and for the health, safety, and welfare of the general public. II. That this resolution shall take effect immediately from and after its issuance. ADOPTED THIS 4th day of August, 2020. saPriuk'— Mayor ' A L, arah J. Fullenwide City Attorney FO Z. ary J. Ka r •;O City Secreta y y S' FORTWORTH, EXECUTIVE ORDER OF MAYOR BETSY PRICE ISSUED August 2, 2020 WHEREAS,pursuant to Texas Government Code§418.108, Mayor Betsy Price issued a Declaration of Local Disaster Due to Public Health Emergency on March 13,2020 in response to the imminent threat of widespread illness from COVID-19; and WHEREAS,the Declaration of Local Disaster declared on March 13,2020 has remained in place continuously since such date; and WHEREAS, Governor Greg Abbott, on April 17, 2020, suspended Section 418.1015(b) and 418.108 of the Texas Government Code, Chapter 81, Subchapter E of the Texas Health and Safety Code, and any other relevant statutes to the extent necessary to ensure that local officials do not impose restrictions in response to the COVID-19 disaster that were inconsistent with the Governor's executive orders; and WHEREAS, Governor Greg Abbott, on or about April 27, 2020, expressed that local officials cannot require individuals to wear face masks to ensure that individual liberty is not infringed upon by government; and WHEREAS, Governor Greg Abbott, on June 17, 2020, stated that local governments can require stores and businesses to require masks; and WHEREAS, Governor Greg Abbott, on June 23, 2020, amended a previous executive order to allow local officials to "impose additional restrictions" on outdoor gatherings estimated to be in excess of 100 people in certain circumstances; and WHEREAS, I, Mayor Price, on June 25, 2020, issued and executive order requiring businesses in the City of Fort Worth to implement a Health and Safety Policy to help stop the spread of COVID-19, which was subsequently extended by the Fort Worth City Council until 6:00 am on August 3, 2020; and WHEREAS, Governor Greg Abbott, on July 2, 2020, issued a proclamation amended a previous executive order to prohibit outdoor gatherings estimated to be in excess of 10 people in certain circumstances unless specifically approved; and WHEREAS, Governor Greg Abbott, on July 2,2020, issued Executive Order GA-29 which requires individuals to wear face coverings in certain circumstances in order to stop the spread of COVID-19; and WHEREAS, it is the intent of this Executive Order to remain consistent with and to harmonize, to the extent possible, the executive orders of Governor Greg Abbott (as extended or modified); and WHEREAS, there currently still exists a declaration of public health disaster in and for the State of Texas as declared by Governor Greg Abbott and the Texas Department of State Health Services (DSHS) and locally by the approval of Resolution 5216-04-2020, Resolution of Public Health Emergency, approved by the Fort Worth City Council on April 29, 2020; and WHEREAS, the Mayor is authorized to take such actions as are necessary in order to protect the health, safety and welfare of the citizens of Fort Worth so long as such action is consistent with Governor Abbott's executive orders; and Executive Order of Mayor Betsy Price Page 2 WHEREAS,the transmission of COVID-19 has not significantly dissipated and remains a significant threat to the health and safety of the Fort Worth community and additional action is necessary to decrease rates of infection and the number of people admitted to hospitals, ICU, or on ventilators; and WHEREAS, by the authority vested in me as Mayor of the City of Fort Worth to continue to protect the health and safety of the community and address developing and rapidly changing circumstances when presented by the current public health emergency, I hereby issue this Executive Order. THEREFORE, pursuant to Texas Government Code Chapter 418 and the Texas Disaster Act of 1975, be It Proclaimed and ORDERED by the Mayor that effective at 6:00 a.m. on August 3, 2020, ("Effective Date") and continuing through 11:59 p-m. on August 31, 2020, unless extended, modified or terminated early by the Mayor or the City Council that: 1. From the date of this Executive Order,all entities' in Fort Worth providing goods or services directly to the public shall continue to enforce its Health and Safety Policy developed and implemented pursuant to the June 25'Executive Order.The Health and Safety Policy must continue to require, at a minimum,that all employees and visitors to the entity's business premises wear face coverings when in an area or performing an activity which will necessarily involve close contact or proximity to co-workers or the public, subject to the exclusions listed in the Govemor Abbott's Executive Order, GA-29. The Health and Safety Policy may allow individuals with an operational need to remove a face covering so long as such operational needs are specifically addressed in the Health and Safety Policy. The Health and Safety Policy may also include the implementation of other mitigating measures designed to control and reduce the transmission of COVID-19 such as temperature checks or health screenings. Entities must continue to post the Health and Safety Policy required by this Executive Order in a conspicuous location sufficient to provide notice to employees and visitors of all health and safety requirements. Failure to post the Health and Safety Policy as required by this Executive Order may result in a fine not to exceed $500.00 for each violation pursuant to City of Fort Worth Code of Ordinances Section 11.5-11(d). 2. Other than the exceptions specifically provided in Governor Abbott's Executive Order GA-29, individuals in a commercial entity or other building or space open to the public, or in an outdoor public space,where social distancing of at least six feet is not feasible from another person not in the same household, are required to wear masks. 3. The requirement of a face covering does not apply if covering the nose and mouth poses a significant mental or physical health risk to the individual. The requirement of a face covering also does not apply when an individual is consuming a food or beverage or receiving a service where the wearing of a face covering would impair the performance of the service. 4. Any peace officer or other person with lawful authority is hereby authorized to enforce the provisions of this Executive Order as permitted by law. ORDERED this the 2"d Day of August, 2020. Bets e, Mayor I For purposes of this Executive Order,the term"entitles"shall include sole proprietorships.