HomeMy WebLinkAboutPO 6858 EXTENDING THE STAY HOME - WORK SAFE EMERGENCY ORDER P. O. No. 6858
04/08/2020 gt
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR,
TEXAS, CONFIRMING, RATIFYING, AND EXTENDING
THE STAY HOME-WORK SAFE EMERGENCY ORDER OF
THE CITY OF PORT ARTHUR, AS AMENDED;
PROVIDING FOR FINDINGS OF FACT, REPEALER,
SEVERABILITY, ENFORCEMENT, AND PENALTY.
WHEREAS, the novel coronavirus (COVID-19) has been recognized globally
as a contagious respiratory virus and spreads through person-to-person contact,
especially in group settings; and,
WHEREAS, on March 13, 2020, a Declaration of State of Disaster was issued
by Governor Abbott to take additional steps to prepare for, respond to, and mitigate
the spread of COVID-19 to protect the health and welfare of Texans; and,
WHEREAS, on March 17, 2020, the Port Arthur City Council passed
Ordinance No. 20-23 Declaring a Public Health Emergency; and,
WHEREAS, on March 19, 2020, Governor Abbott issued Executive Order GA
08 Relating to COVID-19 Preparedness and Mitigation stating people shall avoid
social gatherings in groups of more than 10 people and closed all schools until April
3, 2020; and,
WHEREAS, on March 24, 2020, a Declaration of Local Disaster was issued
as amended on March 27, 2020 by Mayor Thurman Bartie to allow the City of Port
Arthur to take measures to reduce the possibility of exposure to COVID- 19 and
promote the health and safety of Port Arthur residents; and,
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WHEREAS, on March 27, 2020, the Mayor issued a Stay Home-Work Safe
Emergency Order for the citizens of Port Arthur; and
WHEREAS, on March 31, 2020, pursuant to Ordinance No. 20-29, the City
Council extended the Declaration of Local Disaster due to the Public Health
Emergency for an additional period of seven days; and
WHEREAS, on April 3, 2020, the Mayor issued an Amended Stay Home-
Work Safe Emergency Order for the citizens of Port Arthur and on that same date
pursuant to Ordinance No. 20-35, the City Council adopted it as amended to reflect
to reflect the changes set forth in Executive Order GA-14 and continued that particular
order remains in effect until April 30, 2020, unless sooner terminated by ordinance of
the City Council; and
WHEREAS, on April 7, 2020, pursuant to Ordinance No. 20-37, the City
Council extended the Declaration of Local Disaster due to the Public Health
Emergency for an additional period of seven days; and
WHEREAS, Governor Abbott did, in his order (GA-14), which was filed on March
31, 2020, specifically include religious services conducted in churches, congregations,
and houses of worship as "essential services"; and
WHEREAS, Executive Order GA-14 provides that all services should be provided
through remote telework from home unless they are essential services that cannot be
provided through telework; and
WHEREAS, Executive Order GA-14 further provides that if religious services
cannot be conducted from home or though remote services, they should be conducted
consistent with the Guidelines from the President and the CDC in practicing good
hygiene, environmental cleanliness, and sanitation, and by implementing social
distancing to prevent the spread of COVID-19; and
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WHEREAS, the Mayor has determined that further restriction of movement
of persons was necessary to reduce the substantial risk of harm to the public and,
therefore, as long as this Order is in effect, all individuals anywhere in the City of Port
Arthur are required to stay at home or place of residence, except to perform
certain essential activities, or to perform work in or obtain services from an
Essential Business, Essential Government Service, or in Critical Infrastructure, and
additional orders as it pertains to golf courses, driving ranges, golf training centers,
access to playground equipment and basketball courts in all city parks as delineated in
Exhibit"A"; and
WHEREAS, Section 418.108 (b) of the Texas Government Code provides
that a Local State of Disaster may not be continued for a period in excess of seven
(7) days without the consent of the governing body of the political subdivision.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
The foregoing recitals are incorporated into this Emergency Ordinance by reference as
findings of fact as if expressly set forth herein.
Section 2. That pursuant to Section 122.006 of the Texas Health and Safety
Code, the City is authorized to take action to promote heath 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 COVID-19 virus.
Section 3. That the City Council of the City of Port Arthur, Texas, in
accordance with the authority vested in the governing body of the City of Port Arthur,
Texas, by Section 418.108 of the Texas Government Code, hereby confirms and ratifies
the Stay Home-Work Safe Order issued by the Mayor of Port Arthur on March 27, 2020
in furtherance of the declaration of local disaster, as described in Exhibit"A".
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Section 4. That Executive Order GA-14 supersedes any conflicting order
issued by local officials in response to the COVD-19 disaster, but only to the extent that
such a local order restricts essential services allowed by this executive order or allows
gatherings prohibited by Executive Order GA-14.
Section 5. That the Second Amended Stay Home-Work Safe Order issued by
the Mayor of the City of Port Arthur on April 8, 2020 is hereby adopted as amended to
reflect the changes set forth herein with the additional orders as it pertains to golf
courses, driving ranges, golf training centers, access to playground equipment and
basketball courts in all city parks and shall continue in effect until April 30, 2020, unless
sooner terminated by ordinance of the City Council.
Section 6. That if any section, subsection, sentence, clause or phrase of this
ordinance, or the application of same to a particular set of persons or circumstances
should for any reason be held to be invalid, such invalidity shall not affect the remaining
portions of this ordinance, and to such end the various portions and provisions of this
ordinance declared to be severable.
Section 7. 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 S2,000. Each day of violation shall constitute a separate offense.
Section 8. That this ordinance is passed as an emergency measure and
pursuant to local authority for emergency measures and shall become effective
immediately upon passage.
Section 9. That all ordinances and parts of ordinances in conflict herewith
are herein repealed to the extent of the conflict. The personnel policies to the
employees shall also be amended accordingly.
Section 10. That a copy of the caption of this Ordinance be spread upon
the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this 14th day of April A.D., 2020, at an
Emergency Meeting of the City Council of the City of Port Arthur, by the following vote:
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AYES:
Mayor:
Councilmembers:
NOES:
Thurman "Bill" Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
alecia Tizeno, City orney
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager
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EXHIBIT "A"
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2°d amended order-4/8/2020
STAY HOME—WORK SAFE
ORDER
BY
THE MAYOR OF THE CITY OF
PORT ARTHUR,TEXAS
Second Amended
April 8, 2020
WHEREAS, on March 17, 2020, the Port Arthur City Council passed Ordinance
No. 20-23 Declaring a Public Health Emergency; and,
WHEREAS, on March 24, 2020, a Declaration of Local Disaster was issued as
amended March 27, 2020 by Mayor Thurman Bartie to allow the City of Port Arthur to take
measures to reduce the possibility of exposure to COVID- 19 and promote the health and
safety of Port Arthur residents; and,
WHEREAS, on March 13, 2020, a Declaration of State of Disaster was issued by
Governor Abbott to take additional steps to prepare for, respond to,and mitigate the spread
of COVID-19 to protect the health and welfare of Texans; and,
WHEREAS, the COVID-19 virus is contagious and spreads through person-to-
person contact, especially in group settings; and,
WHEREAS, on March 19, 2020, Governor Abbott issued Executive Order GA 08
Relating to COVID-19 Preparedness and Mitigation stating people shall avoid social
gatherings in groups of more than 10 people and closed all schools until April 3, 2020;
and,
WHEREAS, on March 27, 2020, the Mayor issued a Stay Home-Work Safe
Emergency Order for the citizens of Port Arthur; and
WHEREAS,on March 31,2020,pursuant to Ordinance No. 20-29,the City Council
extended the Declaration of Local Disaster due to the Public Health Emergency for an
additional period of seven days; and
WHEREAS, on April 3, 2020, the Mayor Amended Stay Home-Work Safe
Emergency Order for the citizens of Port Arthur and pursuant to Ordinance No. 20-35, the
City Council amended the Stay Home-Work Safe Order issued by the Mayor of the City of
Port Arthur on April 3, 2020 to reflect the changes set forth in Executive Order GA-14 and
shall continue in effect until April 30, 2020 unless sooner terminated by ordinance of the City
Council; and
WHEREAS, on April 7, 2020, pursuant to Ordinance No. 20-37, the City Council
extended the Declaration of Local Disaster due to the Public Health Emergency for an
additional period of seven days; and
WHEREAS, further restriction of movement of persons is necessary to reduce the
substantial risk of harm to the public and, therefore, as long as this Order is in effect, all
individuals anywhere in the City of Port Arthur are required to stay at home or place of
residence,except to perform certain essential activities, or to perform work in or obtain
services from an Essential Business, Essential Government Service, or in Critical
Infrastructure, and additional orders;
NOW THEREFORE, I, MAYOR OF THE CITY OF PORT ARTHUR,
PURSUANT TO THE AUTHORITY VESTED BY TEXAS GOVERNMENT CODE
CHAPTER 418,HEREBY FIND AND ORDER THAT:
SECTION 1. Stay at Home or Place of Residence. Effective upon signing and
continuing until April 3, 2020, unless terminated, modified, or extended by a subsequent
Order, the Mayor of the City of Port Arthur, Texas, deems it in the public interest to issue
this Order and ORDERS that all individuals currently living within the City of Port Arthur
stay at home or their place of residence except as allowed by this Order. To the extent
individuals are using shared or outdoor spaces, they shall, to the greatest extent feasible,
maintain social distancing of at least six feet from any other person, consistent with the Social
Distancing Requirements, as defined in Section 6 below. All persons may leave their
residences only to perform certain Essential Activities,to perform work in or obtain services
from an Essential Business, Essential Government Service, or in Critical Infrastructure, or
to engage in Essential Travel or Minimum Basic Operations all as defined in Section 6
below.
SECTION 2.Non-Essential Business and Operations Must Cease.All businesses
or operations with a facility in the City of Port Arthur, except Essential Businesses and
Essential Government Functions as defined in Section 6 below, are required to cease all
activities at facilities located within the City except Minimum Basic Operations as defined
in Section 6 below. For clarity, businesses may also continue operations consisting
exclusively of employees or contractors performing activities at their own residences (i.e.,
working from home).
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All Essential Businesses Essential Government Service, and Critical
Infrastructure are strongly encouraged to remain open, especially those that provide the
basic necessities for food, water, and shelter. To the greatest extent feasible, Essential
Businesses shall comply with Social Distancing Requirements as defined in Section 6
below.
This Order shall not be construed to hinder the ability of the industries identified in
the U.S. Department of Homeland Security Cyber and Infrastructure Security Agency's
("CISA") Essential Critical Infrastructure Workforce Memorandum dated March 19, 2020
to continue their operation appropriately modified to account for CDC workforce and
consumer protection guidance, and the list of industries identified on that memorandum is
incorporated in this Order by reference.
SECTION 3. Prohibited Activities. All public and private gatherings of any
number of people occurring outside a single household or dwelling unit are strongly
discouraged, except for the limited purposes as expressly permitted by this Order. Nothing
in this Order prohibits the gathering of members of a household or dwelling unit.
SECTION 4.Travel.All travel, including,but not limited to,travel on foot,bicycle,
scooter, motorcycle, automobile, or public transit, is prohibited except for purposes of
Essential Travel,performing Essential Activities or going to work in an Essential Business,
Government Facility,or Critical Infrastructure as defined in Section 6 below. To the greatest
extent feasible, people riding on public transit shall comply with Social Distancing
Requirements as defined in Section 6 below.
SECTION 5. One Adult Rule.
a. Only one member of a household can enter the following retail/wholesale
establishments at one time. This applies to the following retailers: Grocery
stores, warehouse stores, big-box stores, any store within a strip center or mall, •
bodegas, liquor stores, firearm stores, gas stations and convenience stores, and
fanners' markets.
b. All retailers, wholesalers and customers of the above listed retail/wholesale
outlets are immediately put on notice: Pursuant to Texas Government Code,
Section 418.173, Peace officers are hereby authorized to enforce any current
Order. Any retailer,wholesaler or customer who violates any provision of these
regulations, upon conviction, is punishable by a fine of not more than One
Thousand ($1,000.00) dollars, or up to 180 days confinement in jail.
SECTION 6. Defmitions and Exemptions.
a. Individuals experiencing homelessness are exempt from this Order except that,
to the extent individuals are using shared or outdoor spaces, they shall, to the
greatest extent feasible, maintain social distancing of at least six feet from any
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other person, consistent with the Social Distancing Requirements, as defmed in
this Section,below. Individuals experiencing homelessness are strongly urged to
obtain shelter.
b. Essential Activities. For purposes of this Order, individuals may leave their
residence only to perform any of the following"Essential Activities."But people
at high risk of severe illness from COVID-19 and people who are sick are urged
to stay in their residence to the extent possible except as necessary to seek
medical care.
i. For Health and Safety. Individuals may engage in activities or perform
tasks essential to their health and safety,or to the health and safety of their
family or household members(including,but not limited to,pets),to work
for or obtain services at any "Healthcare Operations," as defmed in
Section 6(f)(i),below;
ii. For Necessary Supplies and Services.Individuals may obtain necessary
services or supplies for themselves and their family or household
members, or to deliver those services or supplies to others,such as,by way
of example only and without limitation, groceries and food, including pet
supplies and food, supplies they need to work from home, household
consumer products, and products necessary to maintain the safety,
sanitation, and essential operation of residences;
iii. For Outdoor Activity. Individuals may engage in outdoor activity, such
as,by way of example and without limitation, walking, hiking, bicycling,
or running provided the individuals comply with Social Distancing
Requirements as defined in this Section;
iv. For Certain Types of Work. Individuals may perform work providing
essential products and services at an Essential Business, Government
Service, or Critical Infrastructure, or to otherwise carry out activities
specifically permitted in this Order, including Minimum Basic
Operations; or
v. To Take Care of Others. Individuals may care for a family member or
pet in another household.
c. Critical Infrastructure. As defined in Exhibit A, incorporated in this Order by
reference.
d. Essential Government Functions. All sworn Police Department, Fire
Department, and Emergency Medical Services personnel, emergency
management personnel, and emergency dispatchers; all court personnel, child
protection and child welfare personnel; all military personnel; all personnel
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working for companies (including their subcontractors) who perform under
contract to the Department of Defense providing materials and services to the
Department of Defense; all personnel working for companies (including their
subcontractors) who perform work under contract to State or Federal
Governmental Entities for which they are required under state or federal law to
remain open; and all law enforcement personnel, housing and shelter personnel,
and others working for or to support Essential Businesses or Critical
Infrastructure are categorically exempt from this Order.This Order does not apply
to the Federal or State Government.
For purposes of this Order, "Essential Government Functions" means all services
needed to ensure the continuing operation of the government agencies and
provide for the health, safety and welfare of the public and all agencies that
provide for the health, safety and welfare of the public. Each governmental body
shall determine its Essential Government Functions and identify employees
and/or contractors necessary to perform those functions. To the extent feasible,
all Essential Governmental Functions shall be performed in compliance with
Social Distancing Requirements as defined in this Section,
e. Businesses Covered by this Order. For the purposes of this Order, covered
businesses include any for-profit,non-profit,or educational entities,regardless of
the nature of the service, the function they perform, or its corporate or entity
structure.
f. Essential Businesses. For the purposes of this Order, "Essential Businesses" means:
i. Healthcare Operations. Healthcare Operations and Critical
Infrastructure, including but not limited to caregivers, hospital and
laboratory personnel, and pharmacy employees, including hospitals,
clinics, dentists, pharmacies, pharmaceutical and biotechnology
companies, other healthcare facilities, healthcare suppliers, home
healthcare services providers, mental health providers, and related retail
sales or any related and/or ancillary healthcare services. "Healthcare
Operations" also includes veterinary care and all healthcare and life-saving
services provided to animals.This shall be construed broadly to avoid any
impacts to the delivery of healthcare, broadly defined. "Healthcare
Operations" does not include fitness and exercise gyms or other similar
facilities and does not include barber shops, beauty and nail salons and
massage parlors;
ii. Stores that sell Groceries and Certain Other Essential Supplies.
Grocery stores, supermarkets, big-box stores, farmers' markets, food
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banks, convenience stores, smoke shops,liquor stores, firearm sales and
services, and other establishments engaged in the retail sale of canned
food, dry goods, fresh fruits and vegetables, pet supplies, fresh meats,
fish, and poultry, and any other household consumer products (such as
cleaning and personal care products).This includes stores that sell groceries
and also sell other non-grocery products, and products necessary to
maintaining the safety, sanitation, and essential operation of residences;
iii. Food Cultivation. Food cultivation, including farming, livestock, and fishing;
iv. Social Services and Charitable Organizations.Businesses that provide
food, shelter, and social services, and other necessities of life for
economically disadvantaged or otherwise needy individuals;
v. News Media.Newspapers,television, radio, and other news media services;
vi. Gas Stations and Businesses Needed for Transportation. Gas stations,
automobile dealerships, auto-manufacturing and assembly, auto-supply,
auto- repair, and other related facilities;
vii. Financial Institutions. Banks and related financial institutions,
consumer lenders, sales and fmance lenders, credit unions, appraisers,
title companies, pawnshops, entities that issue bonds, insurance
companies, underwriters, agents, brokers, and related insurance claims
and agents;
viii. Hardware and Supply Stores. Hardware stores and businesses that sell
electrical, plumbing, and other material necessary to support Essential
Businesses, Critical Infrastructure, and Essential Government Functions;
ix. Critical Trades.Plumbers,electricians,exterminators,pool cleaners,and
other service providers who provide services that are necessary to
maintaining the safety, sanitation, and essential operation of residences,
essential activities, Essential Businesses, Essential Government
Functions, or Critical Infrastructure,including but not limited to utilities
such as electricity,gas,water and wastewater, and other public works;
x. Mail and Delivery Services.Businesses providing mailing and shipping
services, including post office boxes;
xi. Laundry Services. Laundromats, dry cleaners, and laundry service providers;
xii. Restaurants for Consumption Off-Premises. Restaurants and other
facilities that prepare and serve food, but only for delivery or carry out.
Schools and other entities that typically provide free food services to
students or members of the public may continue to do so under this Order
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on the condition that the food is provided to students or members of the
public on a pick-up and takeaway basis only. Schools and other entities
that provide food services under this exemption shall not permit the food
to be eaten at the site where it is provided, or at any other gathering site;
xiii. Supplies to Work from Home. Businesses that supply products needed
for people to work from home;
xiv. Supplies for Essential Businesses, Critical Infrastructure and
Essential Government Functions.Businesses that supply other Essential
Businesses, Critical Infrastructure, and Essential Government Functions
with the support, supplies, or components necessary to operate including
but not limited to computers, audio and video electronics,
microelectronics, semiconductors, hardware, paint, electrical and
plumbing material,sanitary equipment, medical equipment, and food and
beverages;
xv. Food Delivery Services. Businesses that ship or deliver groceries, food,
goods or services directly to residences;
xvi. Transportation. Aircraft, taxis, and other private transportation providers
(such as Uber and Lyft)that provide transportation services necessary for the
performance of essential activities, Essential Businesses, Critical
Infrastructure, Essential Government Functions, or Essential Travel;
xvii. Home-Based Care and Services.Home-based care for seniors,adults,or
children, including caregivers who may travel to provide care;
xviii. Residential Facilities and Shelters. Residential facilities and shelters for
seniors, adults, children, and animals;
xix. Professional Services. Professional services, such as legal or accounting
services, insurances services, and real estate services when necessary to
assist in compliance with legally mandated activities or to further
Essential Businesses, Essential Government functions, or Critical
Infrastructure;
xx. Information Technology Services.IT and IT services and their essential
services vendors, including the provision of essential global,national,and
local infrastructure for computing services, business infrastructure,
communications, web-based services, and critical manufacturing as well
as telecommunications services, internet access, and
broadband/communications services;
xxi. Moving Supply Services. Businesses that provide residential and/or
commercial moving services and necessary moving supplies;
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xxii. Hotels and Motels. Hotels and motels, to the extent used for lodging or
delivery or carry-out food services;
xxiii. Funeral Services. Funeral, mortuary, cremation, burial, cemetery, and
related services are allowable,provided that not more than 10 people are
present in a building for viewing services. Funeral services are only
allowable by gravesite. In all cases,social distancing of six feet per person
must be maintained to the greatest extent possible;
xxiv. Educational Institutions. Educational institutions- including public and
private K-12 schools, colleges, and universities - for purposes of
facilitating distance learning, performing critical research, or performing
other essential functions, provided that social distancing of six-feet per
person is maintained to the greatest extent possible; and
xxv. Childcare Facilities. Childcare facilities providing services that enable
individuals exempted in this Order to work as permitted. To the extent
possible, childcare facilities must operate under the following mandatory
conditions:
1. Childcare must be carried out in stable groups of 10 or fewer("stable"
means that the same 10 or fewer children are in the same group each
day).
2. If more than one group of children is cared for at one facility, each
group shall be in a separate room. Groups shall not mix with each
other.
xxvi. Religious Services. Religious and worship services may only be provided by
video or by teleconference, unless they cannot be conducted from home or through
remote services. Persons may gather for religious services conducted in churches,
congregations, or other houses of worship if they cannot be conducted from home
or through remote services. If religious services cannot be conducted from home or
through remote services, they should be conducted consistent with the Guidelines
from the President and the CDC in practicing good hygiene, environmental
cleanliness, and sanitation, and by implementing social distancing to prevent the
spread of COVID-19. Religious institutions must limit in-person staff to ten (10)
people or less when preparing for or conducting video or teleconference services,
and all individuals must follow the Social Distancing Guidelines including the six-
foot social distancing.
g. Minimum Basic Operations. For the purposes of this Order, "Minimum Basic
Operations" include the following, provided that employees comply with Social
Distancing Requirements as defined in this Section, to the extent possible, while
carrying out such operations:
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1. The minimum necessary activities to maintain the value of the business's
inventory, ensure security, process payroll and employee benefits, or for
related functions; or
ii. The minimum necessary activities to facilitate employees of the business
being able to continue to work remotely from their residences.
h. Essential Travel.For the purposes of this Order,"Essential Travel"includes travel
for any of the following purposes. Individuals engaged in any Essential Travel
must comply with all Social Distancing Requirements as defined in this Section.
i. Any travel related to the provision of or access to Essential Activities,
Essential Governmental Functions, Essential Businesses, Critical
Infrastructure, or Minimum Basic Operations;
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, or any other related
services;
iv.Travel to return from or to a place of residence from outside the jurisdiction
(e.g., returning home from a closing university);
v. Travel required by law enforcement or court order;
vi. Travel by church staff/clergy for the purpose of producing remote
delivery of religious services or other ministries requiring travel; or
vii.Travel required for non-residents to return to their place of residence
outside the City. Individuals are strongly encouraged to verify that their
transportation out of the City remains available and functional prior to
commencing such travel.
i. Residences. For purposes ofthis Order,residences include hotels,motels, shared
rental units, and similar facilities.
j. Social Distancing Requirements. For purposes of this Order Social Distancing
Requirements include maintaining at least a six-foot distance from other
individuals, washing hands with soap and water for at least 20 seconds as
frequently as possible or using hand sanitizer, covering coughs or sneezes (into
the sleeve or elbow, not hands), regularly cleaning high-touch surfaces, and not
shaking hands.
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k. Additional Orders. Because of the rapid spread of the coronavirus in Jefferson
County, and, in order to stop/slow further exposures, it is necessary to issue
additional orders to protect our citizens. I am hereby ORDERING that;
All golf courses,driving ranges and golf training centers be closed, and
Prohibit the use of and access to playground equipment and basketball courts in all
city parks.
SECTION 7. The City of Port Arthur SUSPENDS all deadlines imposed by City
Code, ordinance, rule, or other regulation until further notice.
SECTION 8. Enforcement. Peace officers, City of Port Arthur Code Department
inspectors, and the Office of the Port Arthur Fire Marshal, are hereby authorized to enforce
this order. A violation of this order may be punishable through criminal or civil
enforcement. A violation is a misdemeanor punishable by a fine not to exceed$1,000 and/or
confinement in jail for a term not to exceed 180 days. A violation of this order may be
enforced by the filing of a probable cause affidavit alleging the criminal violation with the
appropriate court or by issuing a citation to the person violating, that contains written notice
of the time and place the person must appear before a magistrate of this state, the name and
address of the person charged, and the offense charged.
SECTION 9. Prior Order. This Order does not rescind or replace any prior Order
of the City of Port Arthur.
SECTION 10. Savings Clause. If any provision of this Order or its application to
any person or circumstance is held by a court of competent jurisdiction to be invalid or
unconstitutional, then the reminder of the Order, including the application of such part or
provision to other persons or circumstances,shall not be affected and shall continue in full
force and effect. To this end, the provisions of this Order are severable.
SECTION 11. This Order shall take effect immediately upon signing.
ORDERED this the 8th day of April, 2020, in the City of Port Arthur, Jefferson
County,Texas.
"1".7. an B"I1:artie,Mayor
ATfi •I.
Sh=y- ' :e ard, City Secretary
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EXHIBIT A
Critical Infrastructure Designations and Obligations
1. "Critical Infrastructure" is defined as all public and private facilities and assets,
including both physical and cyber systems, and other functions and sectors vital
to the security, governance,public health, safety, and economic continuity of the
City of Port Arthur.
2. Critical Infrastructure, includes but is not limited to the following:
a. banking and financial institutions;
b. transit and transit facilities,transportation services, equipment and facilities;
c. power, water, telecommunications, natural gas, and public utilities;
d. critical manufacturing including components for primary metals,
machinery,electrical equipment and components,health and safety products
and equipment, and transportation equipment;
e. auto and vehicle parts manufacturing and assembly plants;
f. technology manufacturing companies;
g. information and communications, including press;
h. emergency services;
I. public health and medical services;
J. fire and law enforcement;
k. public works;
I. agriculture and food;
m. airport facilities and operations;
n. sanitation services;
o. other City government buildings or facilities, as designated by the
City Manager;
p. Construction, including public works construction, and construction of
affordable housing or housing for individuals experiencing homelessness,
social services construction,and other construction that supports essential uses,
including essential businesses, government functions, or critical infrastructure,
or otherwise as required in response to this public health emergency; and
q. Personnel and industries identified in the U.S. Department of Homeland
Security Cyber and Infrastructure Security Agency's ("CISA") Essential
Critical Infrastructure Workforce Memorandum dated March 19, 2020 to
continue their operation appropriately modified to account for CDC
workforce and consumer protection guidance.
3. Recommendations for Employees:
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a. Employees who work in and around Critical Infrastructure should refrain
from reporting to work when falling within any of the following criteria
and should follow the initial self-quarantine recommendations:
i. Has signs or symptoms of a respiratory infection, such as a
cough, shortness of breath, or sore throat;
ii. Has a fever greater than 99.6°F;
iii. In the previous 14 days has had contact with someone with a
confirmed diagnosis of COVID-19 and did not have the
appropriate personal protective equipment designated by the
Centers for Disease Control and Prevention (CDC); is under
investigation for COVID-19; or is ill with a respiratory illness; or
iv. has traveled to an area the World Health Organization or
CDC considers a "Hotspot."
4. Requirements for Employers:
a. Employers include public and private employers located and operating in and
out of Critical Infrastructure. To prevent stigma and discrimination in the
workplace, employers shall only adhere to the recommendations described in
this Order to determine risk of COVID-19. Employers should contact their own
human resources advisors and shall not make determinations of risk based on
race, color, religion, sex, sexual orientation, gender identity, age, familial
status, disability, marital status, student status, creed, national origin. To the
extent possible, employers should maintain confidentiality of people with
suspected or confirmed COVID-19.
b. Employers shall follow the Requirements in this Exhibit, as applicable.
c. Employers shall only allow persons in and around Critical Infrastructure that are:
(1) employees not subject to any of the criteria in 3(a) above, (2) customers
or members of the public to the extent Social Distancing can be maintained
and(3)persons with legal authority to enter such as law enforcement.
d. Prior to allowing employees into its facility, employers may ask all
employees if they meet any of the criteria in 3(a) above, and may direct
employees to return home if the employee is exhibiting symptoms and
presenting a threat of infecting other employees at the Critical Infrastructure
facility.
e. Employers shall immediately separate an employee who becomes sick or
demonstrates a temperature greater than 99.6°F while at work from other
employees and send that employee home.
f. Human resources departments at Critical Infrastructure facilities may create
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alternate work plans to help employees remain productive while keeping the
workforce safe and healthy.
•
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