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HomeMy WebLinkAboutPR 6843: CERTAIN COMMUNITY GATHERINGS WITHI THE CITY OF PORT ARTHUR, TEXAS; PROVIDING FOR A FINE IN AN AMOUNT NOT TO EXCEED $2,000.00 FOR EACH OFFENSE P.O. No. 6843 03/17/2020 vt ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, DECLARING A PUBLIC HEALTH EMERGENCY; PROHIBITING COMMUNITY GATHERINGS; 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 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, given, among other things, including the CDC's guidance, there is an ongoing risk and likelihood of COVID-19-positive patients being identified in the City of Port Arthur; and WHEREAS, the City of Port Arthur, 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, the CDC has determined that large events and mass gatherings can contribute to the spread of COVID-19 in the United States via travelers who attend these events and introduce the virus to new communities; and WHEREAS, the CDC in accordance with its guidance for large events and mass gatherings, has recommended that for that organizers (whether groups or individuals) cancel or postpone in-person events that consist of 50 people or more throughout the United States; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PORT ARTHUR, TEXAS: Section 1. That pursuant to §122.006 of the Texas Health and Safety Code, The City of Port Arthur hereby declares a Public Health Emergency within the City of Port Arthur. That the City is hereby authorized to take any actions necessary to promote health and suppress disease, including quarantine, examining and regulating hospitals. Section 2. That pursuant to §122.006 of the Texas Health and Safety Code, 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 3. That the City of Port Arthur prohibits Community Gatherings at all public facilities within the City of Port Arthur as it pertains to events greater than 50 persons. Section 3. That the City of Port Arthur strongly urges the cancellation of Community Gatherings at privately owned facilities within the City of Port Arthur. Those who are conducting such events should make those determinations with their organizations staff of those facilities to adequately protect the public. PROHIBITED GATHERINGS. Community Gatherings are prohibited in public facilities in the City of Port Arthur. a. For purposes of these regulations, a "Community Gathering" is any indoor or outdoor event or convening, subject to the exceptions and clarifications below, that brings together or is likely to bring together fifty (50) or more persons at the same time in a single room or other single confined or enclosed space, such as an auditorium, theatre, stadium (indoor or outdoor), arena or event center, meeting hall, conference center, large cafeteria, or any other confined indoor or confined outdoor space. Page 2 b. An outdoor "Community Gathering" under these regulations is limited to events in confined outdoor spaces, which means an outdoor space that (i) is enclosed by a fence, physical barrier, or other structure and (ii) where people are present and they are within arm's length of one another for extended periods. c. These regulations do not prohibit gatherings of people in multiple, separate enclosed spaces in a single building such as a multiplex movie theater, school or office tower, so long as 50 people are not present in any single space at the same time. These regulations also do not prohibit the use of enclosed spaces where 50 or more people may be present at different times during the day, so long as 50 or more people are not present in the space at the same time. d. For purposes of clarity, a "Community Gathering" does not include the following so long as visitors are generally not within arm's length of one another for extended periods: (i) spaces where 50 or more persons may be in transit or waiting for transit such as airports, bus stations, or terminals; (ii) office space or residential buildings; (iii) grocery stores, shopping malls, or other retail establishments where large numbers of people are present, but it is unusual for them to be within arm's length of one another for extended periods; and (iv) hospitals and medical facilities; and (v) funerals. Section 4. 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 5. 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 6. 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: Page 3 Mayor: Councilmembers: NOES: Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, City Secretary APPROV 9 AS TO FORM: Valecia '. Tize o City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager Page 4