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HomeMy WebLinkAboutOrdinance No. 20-008 Continuing the declaration of local disaster and adopting Emergency Order dated March 23, 2020ORDINANCE NO.20-008 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS;CONTINUING THE DECLARATION OF LOCAL DISASTER;PROVIDING FOR IMPLEMENTATION OF THE CITY'S EMERGENCY MANAGEMENT PLAN;PROVIDING PROMPT AND GENERAL PUBLICITY;DECLARING A LOCAL DISASTER FOR PUBLIC HEALTH EMERGENCY AND ADOPTING EMERGENCY ORDER DATED MARCH 23,2020, ATTACHED HERETO AS EXHIBIT "A";GRANTING THE MAYOR THE POWER AND AUTHORITY TO REVIEW,ADOPT,RATIFY,AND EXECUTE ANY SUBSEQUENT DALLAS COUNTY EMERGENCY ORDERS ON BEHALF OF THE CITY COUNCIL; PROVIDING A REPEALING CLAUSE;PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY OF FINE AS AUTHORIZED BY THE DALLAS COUNTY EMERGENCY MANAGEMENT PLAN FOR EACH OFFENSE;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,beginning in December 2019,a novel coronavirus,now designated SARS-CoV2 which causes the disease COVID-19,has spread through the world and has now been declared a global pandemic by the World Health Organization;and WHEREAS,extraordinary measures must be taken to contain COVID-19 and prevent its spread throughout Dallas County,including the quarantine of individuals,groups of individuals,and property and,additionally,including compelling individuals,groups of individuals,or property to undergo additional health measures that prevent or control the spread of disease;and WHEREAS,the Mayor of the City of University Park,Texas has determined that extraordinary measures must be taken to alleviate the suffering of people and to protect the health,safety and welfare of its citizens, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,TEXAS: SECTION 1.That a local state of disaster for public health emergency has been declared for University Park,Texas,by Declaration of Mayor Olin Lane Jr.on March 23,2020,pursuant to section 418.108 (a)of the Texas Government Code. SECTION 2.That pursuant to section 418.108 (b)of the Government Code,the state of disaster for public health emergency declared by the Mayor is renewed and continued indefinitely from the date of this ordinance. SECTION 3.That the City'S Emergency Management Plan has been implemented in accordance with the Code of Ordinances. SECTION 4.That the Mayor's Emergency Orders dated March 23,2020 attached hereto as Exhibit "A",are hereby ratified and adopted as Emergency Orders of the City of University Park,Texas. SECTION 5.That the Mayor shall be delegated and given the full power and authority of the City Council to review,ratify,and adopt any subsequent Dallas County Emergency Orders relating to the COVID-19 pandemic,and that the Mayor may execute any further declaration or other document to ratify and adopt any such order. SECTION 6.That pursuant to Section 418.108 (c)of the Texas Government Code,this ordinance shall be given prompt and general publicity and shall be filed promptly with the City Secretary. SECTION 7.That a violation of the Orders shall be subject to criminal penalties as provided by state law and the City's Emergency Management Plan,including the provisions of the Dallas County Emergency Management Plan,to which the City is also a party. SECTION 8.That all ordinances of the City of University Park in conflict with the provisions of this ordinance are hereby repealed. SECTION 9.That an offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Code of Ordinances and ordinances of the City, as amended,in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 10.That if any section,paragraph,sentence,subdivision,clause,phrase or provision of this ordinance be adjudged or held to be unconstitutional,illegal,or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision hereof other than the part so decided to be unconstitutional,illegal,or invalid and shall not affect the validity of the remainder of this ordinance or any other provision of the ordinances of the City of University Park. SECTION 11.That this ordinance shall take effect immediately from and after its passage and the publication of the caption,as the law and charter in such cases provide. DUL Y PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,TEXAS,THE 26th DAY OF MARCH 2020. ATTEST: ~~ CHRISTINE GREEN,CITY SECRETARY 2 EXHIBIT"A" Mayor's Revised Declaration dated March 23,2020 AMENDED DECLARATION OF LOCAL DISASTER FOR PUBLIC HEALTH EMERGENCY AND ORDER OF MAYOR OLIN LANE,JR. DATE AMENDED ORDER ISSUED:March 23,2020 WHEREAS,pursuant to Texas Government Code Section 41S.1 OS,City of University Park Mayor Olin Lane,Jr.issued a Declaration of Local Disaster for Public Health Emergency on March 12, 2020,due to a novel coronavirus now designated SARS-Co V2 which causes the disease COVID- 19;and, WHEREAS,on March 13,2020,Mayor Lane issued an Order in furtherance of his authority to protect the safety and welfare of the public by slowing the spread of the virus;and, WHEREAS,on March 16,2020,President Trump acknowledged the gravity of the COVID-19 pandemic,releasing strict new guidelines to limit people's interactions,including that Americans should avoid groups of more than 10 people;and, WHEREAS,on March 19,2020,Texas Governor Greg Abbott issued Executive Order No.GA- OSproviding directives for COVID-19 preparedness and mitigation;and, WHEREAS,on March 19,2020,the Dallas County Commissioners Court issued an Order of Continuance of Declaration of Local Disaster for Public Health Emergency that affirmed the activation of the City of University Park Emergency Management Plan and extends the Declaration of Local Disaster until 11:59 p.m.on April 3,2020,unless rescinded by order of the Commissioners Court;and, WHEREAS,on March 17,2020,the City Council of the City of University Park adopted a Resolution ratifying and ordering the continuation of the Declaration of Local Disaster for Public Health Emergency and affirming the activation of the City of University Park Emergency management Plan and additionally amending and extending the March 12,2020 Order of Mayor Lane (the "March 17,2020 Order");and, WHEREAS,on March 21,2020,Dallas County issued an Amended Order of County Judge Clay Jenkins providing directives for COVID-19 preparedness and mitigation;and, WHEREAS,on March 23,2020,Dallas County issued an Amended Order of County Judge Clay Jenkins providing additional and heightened directives for COVID-19 preparedness and mitigation and on that same date Mayor Lane issued an Amended Order providing similar directives (the "March 23,2020 Order");and, WHEREAS,the on-going evaluation of circumstances related to the virus and the updated recommendations of the Centers for Disease Control and the Texas Department of State Health Services warrant the March 21,2020 Order to be amended. 3 THEREFORE,the March 12,2020,Order of Mayor Olin Lane,Jr.is hereby AMENDED as follows: Summary:The virus that causes 2019 Coronavirus Disease (COVID-19)is easily transmitted through person to person contact,especially in group settings,and it is essential that the spread of the virus be slowed to protect the ability of public and private health care providers to handle the influx of new patients and safeguard public health and safety.Because of the risk of the rapid spread of the virus,and the need to protect the most vulnerable members of the community,this Order requires all individuals anywhere in City of University Park to shelter in place -that is,stay at home -except for certain essential activities and work to provide essential business and government services or perform essential public infrastructure construction,including housing. This Order takes effect at 11:59 p.m.on March 23,2020 and will continue through 11:59 p.m.on April 3,2020,subject to the limited exceptions and under the terms and conditions more particularly set forth below. UNDER THE AUTHORITY OF TEXAS GOVERNMENT CODE SECTION 418.108, MAYOR OLIN LANE,JR.ORDERS: 1.Effective as of 11:59 p.m.on March 23,2020,and continuing until 11:59 p.m.on April 3, 2020: (a)All individuals currently living within the City of University Park are ordered to shelter at their place of residence.For the purposes of this Order,residences include hotels,motels,shared rentals,and similar facilities.To the extent individuals are using shared or outdoor spaces,they must as reasonably as possible maintain social distancing of at least six feet from any other person when they are outside their residence.All persons may leave their residences only for Essential Activities,or to provide or perform Essential Governmental Functions,or to operate Essential Businesses,all as defined in Section 2. (b)All businesses operating within the City of University Park,except Essential Businesses as defined below in Section 2,are required to cease all activities at facilities located within the City.For clarity,businesses may continue operations consisting exclusively of employees or contractors performing activities at their own residences (i.e.working from home).To the greatest extent possible,all Essential Businesses shall comply with the Social Distancing Guidelines attached,including maintaining six feet social distancing for both employees and the general public. (c)All public or private gatherings of any number of people occurring outside a single household or living unit are prohibited,except as otherwise provided herein.Nothing in this Order prohibits the gathering of members of a household or living unit. (d)Restaurants with or without drive-in or drive-through services and micro breweries,micro-distilleries,or wineries may only provide take out, delivery,or drive-through services as allowed by law. (e)Religious and worship services may only be provided by video and teleconference.Religious institutions must limit in-person staff to ten (10) 4 people or less when preparing for or conducting video or teleconference services,and all individuals must follow the Social Distancing Guidelines including the six feet social distancing. (f)All elective medical,surgical,and dental procedures are prohibited anywhere in the City of University Park.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. (g)The City Code of Ordinances,Section 3.09 Signs,Sub-Section 3.09.009(h)Temporary Signs for Special Events exemptions shall be applied to Banners no larger than 30 square feet to notify customers of the availability of delivery and carry-out of products from Essential Retail Businesses.No banner may be posted,spanned,hung within,on, or across public Rights of Way. (h)At the Direction of the Chief of Police,enforcement of the two-hour parking restrictions within the City's non-residential zoning districts may be suspended. 2.Definitions: a.For purposes of this Order,individuals may leave their residence only to perform any of the following "Essential Activities": 1.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). 11.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 supply,and any other household consumer products,and products necessary to maintain the safety,sanitation,and essential operation of residences. 111.To engage in outdoor activity,provided the individuals comply with social distancing requirements of six feet (for example,walking,biking,hiking,or running),provided: 1.Playground equipment,tennis courts and basketball courts in City parks may not be used. 2.Athletic practices,games,or other training with or without professional instruction may not occur within any park. IV.To perform work providing essential products and services at an Essential Business or to otherwise carry out activities specifically permitted in this Order. v.To care for a family member or pet in another household. b.For purposes of this Order,"Essential Businesses"means: 1.Essential HeaIthcare Operations.Healthcare operations,including hospitals,clinics,dentists,pharmacies,pharmaceutical and biotechnology companies,other healthcare facilities,healthcare suppliers,mental health providers,substance abuse service providers,blood banks,medical research,laboratory services,or any related and/or ancillary healthcare services.Home-based and residential-based care for seniors,adults,or 5 children are also considered healthcare operations.Healthcare operations also includes veterinary care and all health and welfare services provided to animals.This exemption shall be viewed broadly to avoid any impacts to the delivery of health care.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 Subsection l(t)of this Order. 11.Essential Government Functions.All services provided by local governments needed to ensure the continuing operation of the government agencies to provide for the health,safety and welfare of the public.Further, nothing in this order shall prohibit any individual from performing or accessing "Essential Government Functions."All Essential Government Functions shall be performed in compliance with social distancing requirements of six feet,to the extent possible. 111.Essential Critical Infrastructure.Individuals may provide any services or perform any work necessary to offer,operate,maintain and repair, "Essential Critical Infrastructure."Essential Critical Infrastructure is defined by the 16 critical infrastructure sectors identified by the National Cybersecurity and Infrastructure Agency (CISA)including public works construction,residential,commercial,and school construction,airport operations,water,sewer,gas,electrical,oil refining,roads and highways, public transportation,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 except non-depository lenders (such as payday lenders), payroll,accounting,and insurance companies,defense and national security-related operations,and essential manufacturing operations. Essential Businesses providing essential infrastructure should implement screening precautions to protect employees and all activity shall be performed in compliance with social distancing guidelines attached.For reference,the CISA 16 critical infrastructure sectors can be found here: https://www.cisa.gov/critical-infrastructure-sectors. IV.Essential Retail.Food service providers,including grocery stores, warehouse stores,big-box stores,bodegas,liquor stores,gas stations and convenience stores,farmers'markets that sell food products and household staples.Food cultivation,including farming,fishing,and livestock.Pet food and supplies.Businesses that ship or deliver groceries,food,hygiene products,goods or services directly to residences or essential businesses. Restaurants and other facilities that prepare and serve food,but only for delivery,drive-through services,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.Gas stations,auto-supply,auto and bicycle repair,hardware stores,and related 6 facilities.Firearm and ammunition suppliers and retailers for purposes of safety and security.Businesses that supply products needed for people to work from home.To the greatest extent possible,essential retail establishments shall follow the guidelines below: 1.Designate shopping times for at risk populations (seniors,pregnant people,and people with underlying health conditions); 2.Limit the amount of people in a store at once so that social distancing is possible; 3.Implement an organized line system where people are spaced at least a few feet apart (ideally 6 feet); 4.Implement purchase limits on high-demand items (toilet paper, soap,hand sanitizer); 5.Offer pick up or deliveries of grocery items. v.Providers of Basic Necessities to Economically Disadvantaged Populations.Businesses that provide food,shelter,and social services,and other necessities of life for economically disadvantaged or otherwise needy individuals. VI.Essential Services Necessary to Maintain Essential Operations of Residences or Other Essential Businesses.Trash and recycling collection, landscaping services,processing and disposal,mail,shipping and delivery services,building cleaning,maintenance and security, warehouse/distribution and fulfillment,storage for essential businesses, moving services for residential and essential businesses,funeral homes, crematoriums and cemeteries.Plumbers,electricians,exterminators,and other service providers who provide services that are necessary to maintaining the safety,sanitation,and essential operations of residences and Essential Businesses.Professional services,such as legal or accounting services,when necessary to assist in compliance with legally mandated activities.Real estate and inspection services,but only for the purpose of title work and closing;open houses and showings are prohibited.Businesses that supply other essential businesses with the support or supplies needed to operate.To the extent possible,services shall be provided in compliance with Social Distancing Guidelines attached,including distancing of six feet and routine use of hand sanitizer. Vll.Public and Private Education.Public and private educational institutions, only for the purposes of facilitating distance learning or performing essential functions. Vlli.News Media.Newspapers,television,radio,and other media services. IX.Childcare Services.Childcare facilities providing services that enable employees exempted in this Order to work as permitted. 3.The Dallas County Sheriffs Office,the Dallas County Fire Marshal's Office,and other peace officers,are hereby authorized to enforce this order.A violation of this order may be punishable through criminal or civil enforcement.A violation of this order is a 7 misdemeanor punishable by a fine not to exceed $1,000 and/or confinement injail for a term not to exceed 180 days. 4.Any manufacturer who retools their business for the purpose of manufacturing and producing ventilators,masks,personal protective equipment,or any supply necessary for Essential Healthcare Operations may apply for an "essential business"exemption under this Order.Submit requests for an exemption to BusinessCOVID 19@dallascounty.org. 5.Grocery stores,supermarkets,warehouse stores,hospitals,and medical facilities are experiencing high levels of demand for many products,requiring more deliveries from manufacturers and distribution centers to serve their customers.Due to the need to deliver products as quickly and efficiently as possible during this critical timeframe,this Order hereby suspends all delivery hour restrictions for transport to or from any entity involved in the selling or distribution of food products,medicine,or medical supplies in the City of University Park for the next 60 days. 6.Due to increased demand for bath or toilet tissue resulting from stock up buying and individuals who purchase for resale,a mandatory limit on toilet paper sales is instituted until the supply chain meets the demand or two weeks,whichever comes first.All sales of bath or toilet tissue occurring in the City of University Park are limited to the greater of: (a)twelve (12)rolls per purchase or (b)one (1)package per purchase. 7.If someone in a household has tested positive for coronavirus,the household is ordered to isolate at home.Members of the household cannot go to work,school,or any other community function. 8.Nursing homes,retirement,and long-term care facilities are instructed by this order to prohibit non-essential visitors from accessing their facilities unless to provide critical assistance or for end-of-life visitation. 9.Public and private schools and institutions of higher education are instructed by this order to provide a safety plan to the City Manager of the City of University Park 72 hours before students return to a classroom setting. 10.Additionally,the Office of the Mayor of the City of University Park,in accordance with the recommendations of the Dallas County Health Authority instructs all employees to remain at home if sick.Employees of private businesses and nonprofits with six or more employees in the City of University Park can use their paid sick leave when they are sick or to care for sick family members. 11.This Order shall be effective until 11:59 p.m.on April 3,2020,or until it is either rescinded, superseded,or amended pursuant to applicable law. 12.The City of University Park must promptly provide copies of this Order by posting on the City of University Park website.In addition,the owner,manager,or operator of any facility that is likely to be impacted by this Order is strongly encouraged to post a copy of this Order onsite and to provide a copy to any member of the public asking for a copy.If any subsection,sentence,clause,phrase,or word of this Order or any application of it to any person,structure,gathering,or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction,then such decision will not affect the validity of the remaining portions or applications of this Order. 8 IT IS SO ORDERED 9 ORDINANCE NO.20-008 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK,TEXAS;CONTINUING THE DECLARATION OF LOCAL DISASTER;PROVIDING FOR IMPLEMENTATION OF THE CITY'S EMERGENCY MANAGEMENT PLAN;PROVIDING PROMPT AND GENERAL PUBLICITY;DECLARING A LOCAL DISASTER FOR PUBLIC HEALTH EMERGENCY AND ADOPTING EMERGENCY ORDER DATED MARCH 23,2020, ATTACHED HERETO AS EXHIBIT "A";GRANTING THE MAYOR THE POWER AND AUTHORITY TO REVIEW,ADOPT,RATIFY,AND EXECUTE ANY SUBSEQUENT DALLAS COUNTY EMERGENCY ORDERS ON BEHALF OF THE CITY COUNCIL; PROVIDING A REPEALING CLAUSE;PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY OF FINE AS AUTHORIZED BY THE DALLAS COUNTY EMERGENVY MANAGEMENT PLAN FOR EACH OFFENSE;AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,TEXAS,THE 26TH DAY OF MARCH 2020. APPROVE~:__p? Lki~~ OLIN LANE JR.,~~R ATTEST: ~~ CHRISTINE GREEN,CITY SECRETARY 10