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O-2020-0189 - 6/29/2020 1 EMERGENCY ORDINANCE NO. 0-2020-0189 2 3 PURSUANT TO SECTION 3.14 OF THE ROUND ROCK HOME RULE 4 CHARTER, THIS IS AN EMERGENCY ORDINANCE DECLARING THAT 5 A PUBLIC HEALTH EMERGENCY EXISTS BECAUSE OF THE WORLD- 6 WIDE COVID-19 PANDEMIC; ESTABLISHING REQUIREMENTS 7 RELATED TO THE POSTING OF A PUBLIC NOTICE BY COMMERCIAL 8 ENTITIES AND THE WEARING OF FACE COVERINGS AND 9 PROVIDING FOR A SAVINGS CLAUSE AND REPEALING 10 CONFLICTING ORDINANCES AND RESOLUTIONS. 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 13 TEXAS: 14 15 DECLARATION OF PUBLIC HEALTH EMERGENCY 16 1.01 Pursuant to Sec. 3.14 of the Round Rock Home Rule Charter, the City 17 Council hereby declares that a public health emergency exists in the City of Round Rock 18 because of the world-wide novel coronavirus ("Covid-19") pandemic. 19 20 1.02 On March 13, 2020 Greg Abbott, Governor of Texas issued a disaster 21 proclamation that Covid-19 poses an imminent threat of disaster for all counties in the 22 State of Texas. 23 24 1.03 The Commissioner of the Texas Department of State Health Services has 25 determined that Covid-19 continues to represent a public health disaster. 26 27 1.04 On June 17, 2020, Governor Abbott publicly announced that according to 28 his interpretation of his executive orders, "local governments can require stores and 29 businesses to require masks" and further that every city and county is authorized to 30 impose this "requirement on business operations." 31 32 II. 33 MANDATORY NOTICE FOR COMMERCIAL ENTITIES 34 2.01 Effective as of 11:59 p.m. on June 30, 2020, and continuing through 11:59 35 p.m. on August 28, 2020, all commercial entities in the city that provide goods or services 36 directly to the public shall post a notice to the public that all employees and visitors to 37 the commercial entity's business premises or other facilities, are required to wear face 38 coverings when in an area or performing an activity which will necessarily involve close Emergency ordinance; Covid-19; revised draft; 6-28-20 (00449199) 1 contact or proximity to co-workers or the public, where six feet of separation is not 2 feasible. 3 2.02 The aforesaid notice shall be posted in a conspicuous location sufficient to 4 provide notice to employees and visitors of the health and safety requirements. 5 2.03 A sample Health and Safety Notice containing the minimum requirements 6 is attached as Exhibit A and may be used by a commercial entity. A commercial entity 7 may add its own additional requirements as determined by the entity. 8 9 III. 10 MANDATORY FACE COVERINGS FOR INDIVIDUALS 11 3.01 Except as provided below, effective as of 11:59 p.m. on June 30, 2020, and 12 continuing through 11:59 p.m. on August 28, 2020, all persons 10 years or older shall 13 wear a face covering over their nose and mouth when 14 a) inside a commercial entity or other building open to the public, where 15 it is difficult to keep six feet away from other persons or where working 16 in areas that involve close proximity with other people or co-workers; 17 or 18 b) outside with a group of people where it is difficult to keep six feet away 19 from other persons in the group. 20 3.02 The requirement to wear face coverings does not apply to the following 21 situations: 22 a) When exercising or engaging in physical activity; 23 b) When in a building that requires security surveillance or screening, 24 such as banks; 25 c) While consuming food or drink; 26 d) When doing so poses a greater mental or physical health, safety, or 27 security risk; 28 e) When outside with a group of only members of a single household; 29 or 30 f) When other mitigation strategy, such as plexiglass provides 31 adequate separation. 32 33 IV 34 PENALTIES 35 36 4.01 For the first instance that a person is determined to have violated any 37 provision of this Ordinance, the penalty shall be a verbal or written warning. 2 1 4.02 Any person found guilty of violating this ordinance after previously receiving 2 a warning, shall be punished by a fine not exceeding $200.00. 3 4.03 Any person found guilty of violating this ordinance a second time shall be 4 punished by a fine not exceeding $500.00. 5 4.04 Any person found guilty of violating this ordinance for a third or more times 6 shall be punished by a fine not exceeding $1,000.00. g V 9 EXPIRATION DATE 10 5.01 Pursuant to Sec. 3.14 of the Round Rock Home Rule Charter, this 11 Emergency Ordinance shall be automatically repealed on the sixty-first day following the 12 day of its adoption, unless terminated sooner, or re-enacted by the Council. 13 14 VI. 15 6.01 All ordinances, parts of ordinances, or resolutions in conflict herewith are 16 expressly repealed. 17 6.02 The invalidity of any section or provision of this ordinance shall not 18 invalidate other sections or provisions thereof. 19 6.03 The City Council hereby finds and declares that written notice of the date, 20 hour, place and subject of the meeting at which this Emergency Ordinance was adopted 21 was posted and that such meeting was open to the public as required by law at all times 22 during which this Emergency Ordinance and the subject matter hereof were discussed, 23 considered and formally acted upon, all as required by the Open Meetings Act, Chapter 24 551, Texas Government Code, as amended. 25 26 By motion duly made, seconded and passed with an affirmative vote by of the 27 Council members present, this Emergency Ordinance was 28 READ, PASSED, and ADOPTED on this 29th day of June, 2020. 29 30 Z4 31 CRAIG ORG , Mayor 32 City of Round Pock, Texas 33 34 ATTEST: 35 36 SM- k A�L 37 SARA L. WHITE, City Clerk 3 EXHIBIT «A., Follows on next page FACE COVE ING PLFIE i LJ11RE13 BY CITY ORDINANCE Thank you for helping us slaw the More spread of �oVID-19 by practicing social distancing, wearing a face covering and washing your hands, and thank you for supporting your community by Shopping the Rock! information ` * emergency f • round rocktexas.gov/coronavi rus > > 'ApSK • ROUND ROCK OU L Round Rock,Texas