HomeMy WebLinkAboutOrd 852-2020 Amending Ord 850-2020 Declaration of Disaster - Extention 3CITY OF ANNA, TEXAS
ORDINANCE NO. 0�1 to
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AMENDING
ORDINANCE NO. 850-2020 AND EXTENDING THE COVID49 DECLARATION OF DISASTER
AND PUBLIC HEALTH EMERGENCY; PROVIDING A PENALTY FOR VIOLATION OF THIS
ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, beginning in December 2019, a novel coronavirus, now designated COVID-
19, has spread through the world and has now been declared a globalpandemic by the World Health
Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath
and, in some cases, the virus has caused death; and
WHEREAS, prudence dictates that extraordinary measures must be taken to contain
COVID-19 and prevent its spread throughout the City of Anna, including the quarantine of
individuals, groups of individuals and occupied structures and, additionally, including compelling
individuals, groups of individuals, or occupied structures to undergo additional health measures
that prevent or control the spread of the virus; and
WHEREAS, Governor Abbott and Collin County have declared a local disaster due to
public health emergency; and
WHEREAS, on March 17, 2020 the Mayor of Anna issued a Declaration of Disaster and
Public Health Emergency; and
WHEREAS, thereafter the City Council has been evaluating the health and safety aspects
of placing limitations on patron occupancies in restaurants and bars in the City of Anna to help
insure that COVID-19 is contained; and
WHEREAS, on March 24, 2020 Collin County Judge Chris Hill issued his Order regarding
COVID-19 to protect the citizens of Collin County; and
WHEREAS, on March 24, 2020 the Anna City Council convened and adopted Ordinance
No. 848-2020 extending the COVID-19 Declaration of Disaster and Public Health Emergency;
and
CITY OF ANNA, TEXAS ORD. NO. �rj" oL PAGE 1
WHEREAS, on March 26, 2020 the Anna City Council convened an emergency meeting
and adopted Ordinance No. 850-2020 further extending and supplementing the COVID-19
Declaration of Disaster and Public Health Emergency; and.
WHEREAS, since March 26, 2020 there have been additional confirmed cases of COVID-
19 in the City of Anna and Collin County resulting from community spread; and
WHEREAS, on March 31, 2020 Texas Governor Greg Abbot issued Executive Order No.
3A-14 relating to statewide continuity of essential services and activities during the COVID-19
disaster; and
WHEREAS, the City Council desires to adopt this ordinance to incorporate Ordinance No.
850-2020 and extend the COVID-19 Declaration of Disaster and Public Health Emergency as set
forth in Section 2 of this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
SECTION 1. A local state of disaster due to public health emel•gency has been declared
for the City of Anna, Texas, pursuant to section 418.108(a) of the Texas Government Code. This
ordinance incorporates Ordinance No. 850-2020; provided, however, that in the event of any
conflict between the provisions of this ordinance and Ordinance No. 850-2020 the provisions of
this ordinance shall govern. Notwithstanding the foregoing or any other provisions of this
ordinance, this ordinance is intended to comply and be consistent with the Governor of the State
A Texas Executive Order No. GA -14, as same may be amended or modified (the "Governor's
Order") and this ordinance shall not be enforced to the extent it is inconsistent with the Governor's
Order.
SECTION 2. Pursuant to section 418.108(b) of the Texas Government Code, the City's
COVID-19 Declaration of Disaster and Public Health Emergency and this ordinance shall remain
in full force and effect until the Governor's Order and the statewide declaration of disaster expires
or is lifted at which time this ordinance and the City's declaration of disaster and public health
emergency shall be deemed to expire. In the event that the Governor of the State of Texas, the
Collin County Judge, the Collin County Commissioners Court, or the Collin County Health
Authority (collectively, "Ordering Authority") issues or promulgates any additional
proclamations, executive orders, or other orders or measures regarding the novel coronavirus
(COVID49) pandemic or matters relating thereto (collectively "COVID-19 Orders"), those
COVID-19 Orders shall be deemed to have been approved and adopted by the City Council to the
extent as may be applicable as if set forth verbatim herein and shall respectively take effect and be
enforceable as of the effective dates and/or times established by any such Ordering Authority and
the City may enforce such COVID-19 Orders through any and all lawful means.
CITY Or ANNA, TEXAS ORD. NO. 71S �. PAGI; 2
SECTION I Pursuant to section 418.108(c) of the Texas Government Code, this
supplement to the declaration of a local state of disaster due to public health emergency shall be
given prompt and general publicity and shall be filed promptly with the City Secretary.
SECTION 4. Pursuant to section 418.108(d) of the Government Code, during this
declaration of disaster the City of Anna's Emergency Management Plan remains activated.
Pursuant to 418.108(f) and 418.108(g) the Mayor may: (1) order the evacuation of all or part of
the population from a stricken or threatened area under the jurisdiction and authority of the City if
the Mayor considers the action necessary for the preservation of life or other disaster mitigation,
response, or recovery; and (2) the Mayor may control ingress to and egress from a disaster area
under the jurisdiction and authority of the City and control the movement of persons and the
occupancy of premises in that area.
SECTION 5. This declaration authorizes the City to take any actions necessary to promote
health and suppress the COVID-19 virus, including the quarantine of persons and occupied
structures, examining and regulating hospitals or clinics, regulating ingress and egress from the
City, regulating ingress and egress to occupied structures, and insuring compliance for those who
do not comply with the City's rules, pursuant to section 122.006 of the Health and Safety Code.
SECTION 6. The City Council of the City of Anna, the Anna Planning and Zoning
Commission, the Anna Community Development Corporation board of directors, and the Anna
Economic Development Corporation board of directors and their essential and necessary attendees
shall be exempt from this Declaration for scheduled public meetings, whether a regular, work
session, special or emergency meeting. The stated exempt entities shall use best efforts to provide
adequate social distancing for members and attendees during any scheduled meetings, including
their closed sessions. Whenever possible, teleconferencing shall be utilized for meetings held
under this Section and the frequency of meeting may be reduced when feasible.
SECTION 7. Beginning March 26, 2020 at midnight and ending April 14, 2020 at
midnighL unless terminated sooner by the Mayor or the City Council:
(1) All individuals currently living within Anna are ordered to shelter at their
place of residence. For the purposes of this ordinance, residences include hotels, motels,
shared rentals, and similar facilities. To the extent individuals are using shared or outdoor
spaces, they must at all times as reasonably as possible maintain social distancing of at
least six feet from any other person when theyare outside their residence. All persons may
leave their residences only for Essential Activities, or to provide or perform Essential
Governmental Functions, or to operate Essential Businesses, all as defined herein.
(2) All businesses operating within Anna, except Essential Businesses as
defined in below in this Section 7, are required to cease all activities at facilities located
within Anna. For clarity, businesses may continue operations consisting exclusively of
CITY OF ANNA, TExAS ORD. NO. �'� PAGE 3
employees or contractors performing activities at their own residences (i.e. working
from home). To the greatest extent possible, all Essential Businesses shall comply with
the Social Distancing Guidelines attached, including maintaining six-foot social
distancing for both employees and the general public.
(3) All public or private gatherings of any number of people occurring
outside a single household or living unit are prohibited, except as otherwise provided
herein. Nothing in this Declaration prohibits the gathering of members of a household or
living unit.
(4) Restaurants with or without drive-in or drive-through services and
microbreweries, micro -distilleries, or wineries may only provide take out, delivery, or
drive-through services as allowed by law.
A. Definitions:
(1) For purposes of this Declaration, individuals may leave their residence
only to perform any of the following "Essential Activities
a. To engage in activities or perform tasks essential to their health
and safety, or to the health and safety of their family or household
members (for example, obtaining medical supplies or medication
or visiting a health care professional).
b. To obtain necessary services or supplies for themselves and their
family or household members, or to deliver those services or
supplies to others (for example, food, pet supply, and any other
household consumer products, and products necessary to maintain
the safety, sanitation, and essential operation of residences.
c. To engage in outdoor activities, provided the individuals comply
with social distancing requirements of six feet (for example,
walking, biking, hiking, running, and other exercise activities).
Children shall not use playground equipment or any other public
recreational structures.
d. To perform work providing essential products and services at an
Essential Business or to otherwise carry out activities specifically
permitted in this Order.
e. To care for a family member• or pet in another household.
(2) For purposes of this Declaration, "Essential Businesses" means:
CITY OF' ANNA, TI✓XAS ORD. NO. �` � � PAGI; 4
a. Essential Healthcare OUerations. Healthcare operations,
including hospitals, clinics, dentists, pharmacies, pharmaceutical
and biotechnology companies, other healthcare facilities, healthcare
suppliers, mental health providers, substance abuse service
providers, blood banks, medical research, laboratory services, or any
related and/or ancillary healthcare services. Home-based and
residential- based care for seniors, adults, or children are also
considered healthcare operations. Healthcare operations also
includes veterinary care and all health and welfare services provided
to animals. This exemption shall be viewed broadly to avoid any
impacts to the delivery of healthcare. Healthcare operations do not
include fitness and exercise gyms and similar facilities.
b. Essential Government Functions. All services provided by local
governments needed to ensure the continuing operation of the
government agencies to provide for the health, safety and welfare of
the public. Further, nothing in this order shall prohibit any individual
from performing or accessing "Essential Government Functions."
All Essential Government Functions shall be performed in
compliance with social distancing requirements of six feet, to the
extent possible. Essential government functions include but are not
limited to the conducting of elections for candidates for office or for
measures.
c. Essential Critical Infrastructure. Work necessary to the
operations and maintenance of the 16 critical infrastructure sectors
as identified by the National Cybersecurity and Infrastructure
Agency (CISA) including public works construction, residential and
commercial construction, airport operations, water, sewer, gas,
electrical, oil refining, roads and highways, public transportation,
solid waste collection and removal, internet, and
telecommunications systems (including the provision of essential
global, national, and local infrastructure for computing services,
business infrastructure, communications, and web -based services),
financial institutions, defense and national security -related
operations, elimination of hazardous materials, essential
manufacturing operations provided that they carry out those services
or that work in compliance with social distancing requirements of
six feet, to the extent possible. Essential Businesses providing
essential infrastructure should implement screening precautions to
protect employees and all activity shall be performed in compliance
with social distancing guidelines attached.
CITY OF ANNA, TTXAS ORD. NO. �+ PAGI; 5
d. Essential Retail. Food service providers, including grocery stores,
warehouse stores, bodegas, liquor stores, gas stations and
convenience stores, farmers' markets that sell food products and
household staples. Food cultivation, including farming, fishing, and
livestock. Businesses thatship or deliver groceries, food, goods or
services directly to residences. Restaurants and other facilities that
prepare and serve food, but only for delivery or carry out. Schools
and other entities that typically provide free services to students or
members of the public on a pick-up and take -away basis only. The
restriction of delivery or carry out does not apply to cafes and
restaurants located within hospital and medical facilities.
Laundromats, dry cleaners, and laundry service providers. Gas
stations, auto -supply, auto, bicycle repair and essential business
equipment suppliers, hardware stores, and related facilities.
Businesses that supply products needed for people to work from
home.
e. Providers of Basic Necessities to Economically Disadvantaged
Populations. Businesses that provide food, shelter, and social
services, and other necessities of life for economically
disadvantaged or otherwise needy individuals.
f. Essential Services Necessary to Maintain Essential Operations
of Residences or Other Essential Businesses. Trash and recycling
collection, processing and disposal, mail and shipping services,
building cleaning, maintenance and security, warehouse/distribution
and fulfillment, storage for essential businesses, funeral homes,
crematoriums and cemeteries. Plumbers, electricians, exterminators,
and other service providers who provide services that are necessary
to maintaining the safety, sanitation, and essential operations of
residences and Essential Businesses. Professional services, such as
legal or accounting services, when necessary to assist in compliance
with legally mandated activities. Businesses that supply other
essential businesses with support or supplies needed to operate.
g. News Media. Newspapers, television, radio, and other media
services.
h. Childcare Services. Childcare facilities providing services that
enable employees exempted in this Declaration to work as
permitted.
i. All Business Open
to the Public. Essential Businesses shall post
entry signage instructing patrons of the need to limit patron
visits to necessary purchases only and to maintain social
CITY Or ANNA, TT✓XAS ORD. NO. $ � a. PAGI; G
distancing. Essential Businesses shall provide a sanitation
station as a required first stop for patron entering the business
or require persons entering the building to wash their hands.
(3) Any manufacturer who retools so that a substantial part of their business is
for the purpose of manufacturing and producing ventilators may apply for an "essential
business" exemption under this Declaration and the Mayor shall decide whether to grant
of deny such exemption.
(4) Grocery stores, supermarkets, warehouse stores, hospitals, and medical
facilities are experiencing high levels of demand for a large number of products, requiring
more deliveries from manufacturers and distribution centers to serve their customers. Due
to the need to deliver products as quickly and efficiently as possible during this critical
timeframe, this Declaration hereby suspends all delivery hour restrictions for transport to
or from any entity involved in the selling or distribution of food products, medicine, or
medical supplies in Anna during the disaster declaration.
(5) If someone in a household has tested positive for coronavirus, the household
is ordered to isolate at home. Members of the household cannot go to work, school, or any
other community function.
(6) Nursing homes, retirement, and long-term care facilities are instructed by
this order to prohibit non-essential visitors from accessing their facilities unless to provide
critical assistance or for end -of -life visitation.
(7) Public and private schools and institutions of higher education are instructed
by this Declaration to provide a safety plan to the appropriate Office of Homeland Security
and Emergency Management 72 hours before students return to a classroom setting.
(8) Additionally, this Declaration instructs all employees to remain at home if
sick.
(9) The owner•, manager, or• operator• of any facility that is likely to be impacted
by this Declaration is strongly encouraged to post a copy of this Declaration onsite and to
provide a copy to any member of the public asking for copy. If any subsection, sentence,
clause, phrase, or word of this Declaration or any application of it to any person, structure,
gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court
of competent jurisdiction, then such decision will not affect the validity of the remaining
portions or applications of this Declaration.
(10) No resident of Anna may enter any building at any truck stop located on or
near U.S. Highway 75 unless the resident is an employee of the truck stop/travel
center/travel center or is a truck driver and has an essential need to enter such buildings.
CITY OP' ANNA, TEXAS ORD. NO. X5`�, PAGI 7
For the purposes of this ordinance a truck driver is a person who earns a living as the driver
of a truck (usually a semi truck, box truck or dump truck).
SECTION 8. The following are approved Social Distancing Recommendations:
(1) Vulnerable Populations: Limit Outings
a. Vulnerable populations include people who are:
1. 60 years old and older.
2. People with certain health conditions such as heart
disease, lung disease, diabetes, kidney disease and
weakened immune systems.
b. For vulnerable populations, don't go to gatherings unless itis
essential. Stay home. Avoid people who are sick.
(2) Workplace and Businesses: Minimize Exposure
a. Suspend nonessential employee travel.
b. Ensure employees practice social distancing and do not work
within six feet of one another.
c. Urge essential employees to stay home when they are sick and
maximize flexibility in sick leave benefits.
d. Do not require a doctor's note for employees who are sick.
e. Maximize telecommuting options.
f. Persons who need to be at work to provide essential services of
great benefit to the community must take steps in their workplace
to minimize risk.
(3) Cancel Non-essential Events
a. Cancel non-essential events.
b. Do not att
end any essential or non-essential events or
gatherings, if sick.
c. For events that meet the Recommendations herein and which
aren't cancelled, we recommend:
CITY Ol+ ANNA, TEXAS ORD. NO. Qi S c� PAGI; 8
1. Having hand washing capabilities, hand sanitizers and
tissues available.
2. Frequently cleaning high touch surface areas like
counter tops and handrails.
3. Finding ways to implement social distancing.
(4) Schools: Safety First
a. Do not have your child attend school if sick.
b. If you have a child with chronic health conditions, consult the
child's doctor about school attendance.
c. Schools should equip all classrooms with hand sanitizers and
tissues.
d. Recommend rescheduling or cancelling events that are not
essential.
e. Explore remote teaching and online options to continue
learning.
f. Schools should develop a plan for citywide school closures, and
families should prepare for further closures.
(5) Transit: Cleaning and Protection
a. Increase cleaning of vehicles and high touch surface areas.
b. Provide hand washing/hand sanitizers and tissues in stations and on
vehicles.
c. Ensure social distancing practices are implemented to the full
extent possible.
(6) Health Care Settings: Avoid as possible, protect the vulnerable
a. Long-term care facilities should have a COVID-19 plan in
accordance with CDC or state guidelines.
b. Long-term care facilities should restrict all visitation except for
certain compassionate care situations, such as end of life
situations.
CITY OI+ ANNA, T1XAS ORD. NO. �� PAGI; 9
c. The general public should avoid going to medical settings such
as hospitals, nursing homes and long-term care facilities, even
if you are not ill.
d. If you are ill, call your health care provider ahead of time, and
you may be able to be served by phone.
e. Do not visit emergency rooms unless it is essential.
f. Follow guidance and directions of all facilities.
(7) Everyone: Do your part
The best way for all Anna residents to reduce their risk of getting sick, as with
seasonal colds or the flu, still applies to prevent COVID-19:
a. Wash hands with soap and water fol• at least 20 seconds.
b. Cough or sneeze into your elbow or a tissue. Throw the
tissue in the trash.
c. Stay home if you are sick.
d. Avoid touching your face.
e. Try alternatives to shaking hands, like an elbow bump or
wave.
f. If you have recently returned from a country, state or region with
ongoing COVID-19 infections, monitor your health and follow
the instructions of public health officials and CDC guidance.
g. There is no recommendation to wear masks at this time to
prevent yourself from getting sick.
You can also prepal•e fol• the disl•uption caused by an outbreak.
Pl•eparedness actions include:
a. Prepare to work from home if that is possible for your job, and
your employer.
b. Make sure you have a supply of all essential medications for your
family.
c. Prepare a childcare plan if you or a caregiver are sick.
CITY OI' ANNA, TEXAS ORD. NO. Rya PAGE 10
d. Make arrangements about now your family will manage
school closures.
e. Plan for how you can care for a sick family member without
getting sick yourself.
f. Take care of each other and check in by phone with friends, family
and neighbors that are vulnerable to serious illness or death if they
get COVID49.
g. Keep common spaces clean to help maintain a healthy
environment for you and others. Frequently touched surfaces
should be cleaned regularly with disinfecting sprays, wipes
or common household cleaning products.
SECTION 9. This Declaration hereby incorporates and enacts the following regulations
from the Governor's Executive Order No. GA -08 regarding the conduct of persons/people and
schools:
1. Every person shall avoid social gatherings of more than 10 people.
2. People shall avoid eating or drinking at bass, restaurants, and food courts, or visiting
gyms or massage parlors; provided, however, that the use of drive-thru, pickup, or
delivery options is allowed and highly encouraged.
3. People shall not visit nursing homes or retirement or long-term care facilities unless
to provide critical assistance.
4. Schools shall temporarily close.
SECTION 10. This Declaration hereby incorporates Collin County Judge Chris Hill's
Order of March 24, 2.020 and finds it consistent herewith in all respects.
SECTION 11. This declaration hereby authorizes the use of all lawfully available
enforcement tools.
SECTION 12. Any person, firm or corporation violating any of the provisions of this
Declaration commits an offense, punishable by a fine up to $1000.00, and each and every day
such violation shall continue shall be deemed to constitute a separate offense.
SECTION 13. This ordinance shall take effect in accordance with Section 7 above.
SECTION 14. All questions of interpretation of definitions and provisions of this
ordinance shall be decided by the Mayor unless overruled by a majority of the City Council.
CITY OF ANNA, TEXAS ORD. NO. R�� PAGI; 11
APPROVED, DECLARED AND ORDERED this 14th day of Apr' 20.
ATTEST:
Carrie L. Land, City Secretary
llfs
OFAIy
.�.0 64.00,, 2
Nate Pike, Mayor
CITY OF ANNA, TEXAS ORD. NO. � �� PAGl; 12