HomeMy WebLinkAboutPR 6842: A PUBLIC HEALTH EMERGENCY; PROVIDING FOR A FINE IN AN AMOUNT NOT TO EXCEED $2,000.00 FOR EACH OFFENSE P.O. No. 6842
03/17/2020 vt
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR
DECLARING A PUBLIC HEALTH EMERGENCY;
PROVIDING FOR A FINE IN AN AMOUNT NOT TO
EXCEED $2,000 FOR EACH OFFENSE.
WHEREAS, in December 2019, a novel respiratory disease named "SARS-CoV-
2" that the causes a disease named "coronavirus disease 2019" ("COVID-19") was
detected in Wuhan City, Hubei Province, China; and
WHEREAS, symptoms of COVID-19 include fever, cough, and shortness of breath
that may result in mild to severe illness, and in some cases death; and
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 and advised countries to prepare for the containment, including active
surveillance, early detection, isolation and case management, contact tracing, and
prevention of onward spread of the disease; and
WHEREAS, on January 31, 2020, the U.S. Health and Human Services Secretary
declared a public health emergency for the United States to aid the nation's healthcare
community in responding to COVID-19; and
WHEREAS, the identification of "community spread" cases of COVID-19 in the
United States could potentially signal that transmission of the virus may no longer be
limited to travel to outbreak areas or contact with travelers who have visited outbreak
areas; and
WHEREAS, according to the Center for Disease Control ("CDC"), it is likely that at
some point, widespread transmission of COVID-19 in the United States will occur; and
WHEREAS, the CDC warns that widespread transmission of COVID-19 would
translate into large numbers of people needing medical care at the same time; and
WHEREAS, the CDC also warns that schools, childcare centers, workplaces, and
other places for mass gatherings may experience more absenteeism; public health and
healthcare systems may become overloaded with elevated rates of hospitalizations and
deaths; other critical infrastructure, such as law enforcement, emergency medical
services, and transportation industry may also be affected; and health care providers and
hospitals may be overwhelmed; and
WHEREAS, to date the CDC reports that 67 individuals have tested positive in
Texas and it is anticipated that the number of persons diagnosed with the virus is likely
to increase, as testing for the virus continues; and
WHEREAS, Jefferson County, declared a local disaster due to this same public
health emergency on March 13, 2020 (amended the March 13th and 16, 2020); and
WHEREAS, given, among other things, including the CDC's guidance, there is an
ongoing risk and likelihood of COVID-19-positive patients could be identified in the City
of Port Arthur; and
WHEREAS, the City, local health agencies, and political subdivisions within the
region have been working diligently to implement CDC guidelines, but now require
additional tools and resources to protect the public health given the current state of the
epidemic and the need for a sustained response; and
WHEREAS, it is necessary to the public health of the residents of the City of Port
Arthur and surrounding areas that those persons under investigation, persons under
management, and quarantined persons remain within the confines of their homes or in
safe, secure facilities during the quarantine period following their exposure to the virus.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PORT
ARTHUR, TEXAS:
Section 1. That, pursuant to §122.006 of the Texas Health and Safety Code,
the City is authorized take any actions necessary to promote health and suppress disease,
including quarantine, examining and regulating hospitals. The City of Port Arthur hereby
declares that those persons under investigation, persons under management, and
quarantined persons remain within the confines of their homes or in safe, secure facilities
during the quarantine period following their exposure to the virus.
Section 2. That, in the event any clause phrase, provision, sentence, or part of
this Ordinance or the application of the same to any person or circumstances shall for
any reason be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part
or provision hereof other than the part declared to be invalid or unconstitutional; and the
City Council of the City of Port Arthur, Texas, declares that it would have passed each
and every part of the same notwithstanding the omission of any such part thus declared
to be invalid or unconstitutional, whether there be one or more parts.
Section 3. That, any person who shall violate any provision of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount
not to exceed $2,000. Each day of violation shall constitute a separate offense.
Section 4. That, this Ordinance shall take effect immediately upon its approval.
READ, ADOPTED AND APPROVED on this day of March A.D., 2020, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote: AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Valecioiye
a R. Tiz no ity Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager