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O-2020-0227 - 8/27/20201 EMERGENCY ORDINANCE NO. 0=2020=0227 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 s ENTITIES AND THE WEARING OF FACE COVERINGS AND 9 PROVIDING FOR A SAVINGS CLAUSE AND REPEALING 10 CONFLICTING ORDINANCES AND RESOLUTIONS. 11 12 13 WHEREAS, on June 29, 2020, the City Council adopted Emergency 14 Ordinance No. O-2020-0189 in response to the world-wide novel coronavirus Zs ("Covid-19") pandemic; and 16 17 WHEREAS, by its terms, and in compliance with the City's Home Rule 18 Charter, said Ordinance is set to expire on August 29, 2020 and 19 20 WHEREAS, the Council has determined that the Covid-1 9 pandemic 21 continues to cause a public health emergency; and 22 23 WHEREAS, the Council wishes to re-enact the terms and provisions of said 24 Ordinance, NOW THEREFORE 25 26 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, 27 TEXAS: 28 I. 29 DECLARATION OF PUBLIC HEALTH EMERGENCY 30 1.01 Pursuant to Sec. 3.14 of the Round Rock Home Rule Charter, the City Council 31 hereby declares that a public health emergency exists in the City of Round Rock because of the 32 world-wide novel coronavirus ("Covid-19") pandemic. 33 34 1.02 On March 13, 2020 Greg Abbott, Governor of Texas issued a disaster 35 proclamation that Covidm19 poses an imminent threat of disaster for all counties in the State of 36 Texas. 37 38 1.03 The Commissioner of the Texas Department of State Health Services has 39 determined that Covid-1 9 continues to represent a public health disaster. 40 2b4l3dcl-la4l-402a-8925-5a29b9839957 1 2 3 4 S r� 8 9 10 11 12 13 14 1.04 On June 17I 2020, Governor Abbott publicly announced that according to his interpretation of his executive orders, "local governments businesses to require masks" and further that every city and impose this " requirement on business operations." can require stores and county is authorized to MANDATORY NOTICE FOR COMMERCIAL ENTITIES 2.01 Effective as of 11:59 p.m. onAugust29, 2020, and continuing through 11:59 p.m. on October 28, 2020, all commercial entities in the city that provide goods or services directly to the public shall post a notice to the public that all employees and visitors to the commercial entity's business premises or other facilities, are required to wear face coverings when in an area or performing an activity which will necessarily involve close contact or proximity to co-workers or the public, where six feet of separation is not feasible. Zs 2.02 The aforesaid notice shall be posted in a conspicuous location sufficient to 16 provide notice to employees and visitors of the health and safety requirements. 17 2903 A sample Health and Safety Notice containing the minimum requirements 18 is attached as Exhibit A and may be used by a commercial entity. A commercial entity 19 may add its own additional requirements as determined by the entity. zo 22 MANDATORY FACE COVERINGS FOR INDIVIDUALS 23 3.01 Except as provided below, effective as of 11:59 p.m. on August 29, 2020, 24 and continuing through 11:59 p.m. on October 28, 2020, all persons 10 years or older 25 shall wear a face covering over their nose and mouth when 26 a) inside a commercial entity or other building open to the public, where 27 it is difficult to keep six feet away from other persons or where working 28 in areas that involve close proximity with other people or co-workers; 29 or 30 b) outside with a group of people where it is difficult to keep six feet away 31 from other persons in the group. 32 3002 The requirement to wear face coverings does not apply to the following 33 situations: 34 a) When exercising or engaging in physical activity; 35 b) When in a building that requires security surveillance or screening, 36 such as banks; 37 c) While consuming food or drink; 41 3$ d) When doing so poses a greater mental or physical health, safety, or 39 security risk; 2 1 e) When outside with a group of only members of a single household; 2 or 3 fl When other mitigation strategy, such as plexiglass provides 4 adequate separation. S 6 IV. 7 PENALTIES 8 9 4.01 For the first instance that a person is determined to have violated any Zo provision of this Ordinance, the penalty shall be a verbal or written warning. 11 4.02 Any person found guilty of violating this ordinance after previously receiving 12 a warning, shall be punished by a fine not exceeding $200.00. 13 14 15 va EXPIRATION DATE 16 5.01 Pursuant to Sec. 3.14 of the Round Rock Home Rule Charter, this 17 Emergency Ordinance shall be automatically repealed on the sixty-first day following the 18 day of its adoption, unless terminated sooner, or re-enacted by the Council. 19 20 VI. 21 6801 All ordinances, parts of ordinances, or resolutions in conflict herewith are 22 expressly repealed. 23 6.02 The invalidity of any section or provision of this ordinance shall not 24 invalidate other sections or provisions thereof. 25 6.03 The City Council hereby finds and declares that written notice of the date, 25 hour, place and subject of the meeting at which this Emergency Ordinance was adopted 27 was posted and that such meeting was open to the public as required by law at all times 28 during which this Emergency Ordinance and the subject matter hereof were discussed, 29 considered and formally acted upon, all as required by the Open Meetings Act, Chapter 30 551, Texas Government Code, as amended. 31 3 1 B motion duly made seconded and passed with an affirmative vote b Y Y � p Y 2 of the Council members present, this Emergency Ordinance was 3 READ, PASSED, and ADOPTED on this 27th day of August, 2020. 4 5 , / 'I / 5 CRAIG MO GAN, ayor 7 City of Ro nd Ro ,Texas s 9 ATTEST: 11 12 SARA L. WHITE, City Clerk 4