ORDER OF MAYOR, JEFFREY SAUNDERS, OF
THE CITY OF KERENS, TEXAS
DATE ORDER ISSUED: JUNE 29, 2020
WHEREAS, pursuant to Texas Government Code § 418.108, City of Kerens, Mayor Jeffrey Saunders issued a Declaration of Local Disaster Due to Public Health Emergency on March 23, 2020 in response to the imminent threat of widespread illness from COVID-19; and
WHEREAS, Governor Greg Abbott, on April 17, 2020, suspended Section 418.1015(b) and 418.108 of the Texas Government Code, Chapter 81, Subchapter E of the Texas Health and Safety Code, and any other relevant statutes to the extent necessary to ensure that local officials do not impose restrictions in response to the COVID-19 disaster that were inconsistent with the Governor’s executive orders; and
WHEREAS, Governor Greg Abbott, on or about April 27, 2020, expressed that local officials cannot require individuals to wear face masks to ensure that individual liberty is not infringed upon by government; and
WHEREAS, Governor Greg Abbott, on June 17, 2020, stated that local governments can require stores and businesses to require masks; and
WHEREAS, Governor Greg Abbott, on June 23, 2020, amended a previous executive order to allow local officials to “impose additional restrictions” on outdoor gatherings estimated to be in excess of 100 people in certain circumstances; and
WHEREAS, it is the intent of this Executive Order to remain consistent with and to harmonize, to the extent possible, the executive orders of Governor Greg Abbott (as extended or modified); and
WHEREAS, there currently still exists a declaration of public health disaster in and for the State of Texas as declared by Governor Greg Abbott and the Texas Department of State Health Services (DSHS) and Navarro County continues to fall under the Governor’s Disaster Declaration Order as the Governor has not lifted it, and
WHEREAS, the Mayor of the City of Kerens is authorized to take such actions as are necessary in order to protect the health, safety and welfare of the citizens of Kerens by the issuance of Executive Orders as necessary so long as such action is consistent with Governor Abbott’s Executive Orders; and
WHEREAS, the transmission of COVID-19 has not dissipated but remains a significant threat to the health and safety of the Community and rates of infection are increasing at an exponential rate and the number of people admitted to hospitals, ICU, or on ventilators is also rising despite efforts by local authorities to control the spread; and
WHEREAS, by the authority vested in me as Mayor, City of Kerens to continue to protect the Health and Safety of the community and address developing and rapidly changing circumstances when presented by the current public health emergency, I hereby issue this Executive Order.
THEREFORE, pursuant to Texas Government Code Chapter 418 and the Texas Disaster Act of 1975, be It Proclaimed and ORDERED by the City Mayor that effective at 12:01 a.m. on July 2, 2020, (“Effective Date”) of this executive order and continuing until extended, modified or terminated early by the Mayor, City of Kerens or the City Council that:
- From the date of this Executive Order, all entities in the City of Kerens providing goods or services directly to the public must develop and implement a health and safety policy (“Health and Safety Policy”). The Health and Safety Policy should require, at a minimum, that all employees and visitors to the entity’s business premises wear face coverings when in an area or performing an activity which will necessarily involve close contact or proximity to coworkers or the public. The Health and Safety Policy may allow individuals with an operational need to remove a face covering so long as such operational needs are specifically addressed in the Health and Safety Policy. The Health and Safety Policy may also include the implementation of other mitigating measures designed to control and reduce the transmission of COVID-19 such as temperature checks or health screenings. Entities must post the Health and Safety Policy required by this Executive Order in a conspicuous location sufficient to provide notice to employees and visitors of all health and safety requirements. Entities should post the Health and Safety Policy required by this Executive Order in a conspicuous location sufficient to provide notice to employees and visitors of all Health and Safety Requirements.
An example of a Health and Safety Policy is provided on page 3.
- Other than the exceptions specifically provided in the executive orders of Governor Greg Abbott, individuals in areas open to the public where social distancing is not feasible and where it is estimated that 100 people or more are present, are required to wear masks.
- All people 10 years or older are strongly urged to wear a face covering over their nose and mouth when in an area open to the public where it is difficult to keep six feet away from other people or working in areas that involve proximity with coworkers. The CDC advises face coverings for people 2 years or older. Face coverings may include homemade masks, scarfs, bandanas, or a handkerchief. Kerens residents should continue to maintain social distancing of at least six feet while outside their home.
- Face coverings do not need to be worn in the following circumstances:
- When exercising outside or engaging in physical activity outside;
- While driving alone or with passengers who are part of the same household as the driver;
- When doing so poses a greater mental or physical health, safety, or security risk;
- While pumping gas or operating outdoor equipment;
- While in a building or participating in an activity that requires security surveillance, screening, or identification, for example, banks; and
- When consuming food or drink.
Example Health and Safety Policy
The virus that causes COVID-19 can be spread to others by infected persons who have few or no symptoms. Because of the hidden nature of this threat, it is the policy of this business to require the following:
- FACE COVERING REQUIRED IN ORDER TO ENTER AND REMAIN ON PREMISES. All persons over the age of ten (10), including employees, customers, visitors, invitees and contractors (“Patrons”), who enter this business must wear a face covering over their nose and mouth, such as a homemade mask, scarf; bandana, or handkerchief.
- The requirement of a face covering does not apply if covering the nose and mouth poses a significant mental or physical health risk to the individual.
- The requirement of a face covering also does not apply when an individual is consuming a food or beverage or receiving a service where the wearing of a mask would impair the performance of the service.
- SOCIAL DISTANCING PROTOCOLS. Even with the use of appropriate face coverings, individuals should maintain six feet of social distancing whenever possible.
- Employees should not work within six (6) feet of one another, except to the extent necessary to provide services.
- Patrons should maintain six (6) feet of separation from other individuals outside their household, to the extent feasible when inside the business premises.
- Patrons of the business queuing or waiting inside or on the premises of the business must maintain six (6) feet of separation from other individuals outside their household.
- Patrons who do not wear a face covering will be asked to leave the premises and will not be provided goods or services until the face covering requirements are followed.
- NOTICE AND SIGNAGE. Notice of this Health and Safety Policy will be posted in a conspicuous location of the business.