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HomeMy Public PortalAboutOrdinance No. 1405-20 04-13-2020ORDINANCE NO.1405-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS ADOPTING THE MAYOR'S FOURTH AMENDED DECLARATION OF LOCAL DISASTER DUE TO PUBLIC HEALTH EMERGENCY CITY OF RICHLAND HILLS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL TY FOR VIOLATIONS; PROVIDING A SA VIN GS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, in December 2019 a novel coronavirus, now designated COVID-19, was detected in Wuhan City, Hubei Province, China. Symptoms of COVID-19 include fever, cough, and shortness of breath. Outcomes have ranged from mild to severe illness, and in some cases death; and WHEREAS, on March 11, 2020 the World Health Organization (WHO) declared COVID- 19 as a pandemic; and WHEREAS, continuous spread of the disease presents an imminent threat of widespread illness or loss of life resulting from a global pandemic and other public calamity resulting therefrom, which requires emergency action; and WHEREAS, a declaration of local disaster and public health emergency includes the ability to reduce the possibility of exposure to disease, control the risk, promote health, and compel persons to undergo additional health measures that prevent or control the spread of disease. These measures include isolation, surveillance, quarantine, or placement of persons under public health observation, including the provision of temporary housing or emergency shelters for persons misplaced or evacuated. A declaration allows the request of assistance from the Governor for state resources; and WHEREAS, the City of Richland Hills's Emergency Management Plan should be activated to provide for disaster mitigation, preparedness, response and recovery; and WHEREAS, President Donald Trump declared a State of National Emergency for the United States of America on March 13, 2020; and WHEREAS, Governor Greg Abbott issued a State of Disaster for all Texas counties for COVID-19 on March 13, 2020, and issued Executive Order GA-08 on March 19, 2020 and Executive Order GA-14 on March 31, 2020 implementing additional measures to ensure the protection of the residents of the State of Texas; and Page I WHEREAS, County Judge Glen Whitley issued a Declaration of Local Disaster Due to Public Health Emergency for Tarrant County for COVID-19 on March 13, 2020, issued a First Amended Declaration of Local Disaster Due to Public Health Emergency on March 18, 2020, and issued a Second Amended Declaration of Local Disaster Due to Public Health Emergency on March 21, 2020. On March 24, 2020 Judge Whitely issued an Executive Order for all Tarrant County residents to stay home and modified his Order on March 27, 2020 and again on April 3, 2020 to implement additional measures to ensure the protection of the residents of Tarrant County; and WHEREAS, the Mayor of the City of Richland Hills issued a Declaration of Local Disaster on March 17, 2020; on March 19, 2020 the Mayor issued a First Amended Declaration of Local Disaster Due to Public Health Emergency; the Mayor issued a Second Amended Declaration of Local Disaster Due to Public Health Emergency on March 23, 2020, and issued a Third Amended Declaration of Local Disaster Due to Public Health Emergency on March 25, 2020; and the Richland Hills City Council renewed the Third Amended Declaration of Local Disaster to May 15,2020;and WHEREAS, to remain consistent with the declaration of the Texas Department of State Health Services and the executive orders issued by Governor Greg Abbott and by Tarrant County Judge Glen Whitley and to harmonize to the extent possible with these executive orders, I, Mayor Edward Lopez find it necessary to hereby issue this Fourth Amended Declaration of Local Disaster Due to Public Health Emergency amending, continuing and restating the declaration to implement additional measures to ensure the protection of the general public, and for the health and safety of the citizens of Richland Hills; and WHEREAS, this Ordinance is authorized by Section 418.108 of the Texas Local Government Code and Section 122.006 of the Texas Health and Safety Code. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. FOURTH AMENDED DECLARATION OF DISASTER 1. The Mayor's Fourth Amended Declaration of Local Disaster shall continue until May 15, 2020. 2. The Mayor's Fourth Amended Declaration of Local Disaster and this Ordinance shall be filed promptly with the City Secretary, and shall be given prompt and general publicity. 3. A Declaration of Local Disaster activates the City of Richland Hills' emergency management plan, all applicable local or interjurisdictional emergency management plans, further authorizes the furnishing of all aid and assistance as deemed necessary or desirable by those administering such plans, and activates the preparedness and response aspects of such plans as provided therein. Page2 4. That this Declaration authorizes the procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the City. 5. That this Declaration authorizes the City to commandeer or use any private property, temporarily acquire, by lease or other means, sites required for temporary housing units or emergency shelters for evacuees, subject to compensation requirements, pursuant to Section 418.020 of the Texas Government Code. 6. That this Declaration authorizes the Mayor to order the evacuation of all or part of the population from a stricken or threatened area under his/her authority if the Mayor considers the action necessary for the preservation of life or other disaster, mitigation, response or recovery. 7. That this Declaration authorizes the Mayor to control ingress and egress from a disaster area under his/her jurisdiction or authority and to control the movement of persons and the occupancy of premises in that area. 8. That this Declaration authorizes the City to take any actions necessary to promote health and suppress disease, including quarantine, regulating ingress and egress from the City, and fining those who do not comply with the City's rules, pursuant to Section 122.006 of the Health and Safety Code. 9. a. All persons currently residing within the City of Richland Hills shall stay at their place of residence, except as allowed by this Declaration. All persons may leave their residences only for Essential Travel, Essential Services and Essential Activities, to work in or access Essential Businesses, Government Service, or Essential Critical Infrastructure, or to perform Minimum Basic Operations, as defined below. b. City Parks will be open but playgrounds, restrooms and other park amenities will be closed to public use. To the extent individuals are using shared or outdoor spaces, they must maintain Social Distancing and minimize in-person contact with people who are not in the same household. c. Nothing in this Declaration is intended to restrict "essential services" as such term is defined in Governor Abbott's Executive Order GA-14 (Order GA-14), nor is it intended to allow gatherings prohibited by Order GA-14. To the extent that the Texas Division of Emergency Management approves additions to "essential services", those additions will be treated as an Essential Business in Richland Hills. Nothing herein is intended to impose restrictions inconsistent with Order GA-14 or any other order issued by the Governor currently in effect relating to COVID-19 (a COVID Order). To the extent that this Declaration conflicts with a COVID Order, the provisions in a COVID Order prevail.1 1 All questions relating to a COVID Order shall be directed to the Texas Division of Emergency Management via email at EsscntialScrviccsiil'tdcm.tcxa\.gov. Information is also available at www.tdcmJcxas.gov/csscntia !services. Pagc3 10. a. All businesses operating in Richland Hills, except Essential Businesses as defined herein, shall not allow members of the public to occupy business premises. Non- essential businesses may continue Minimum Basic Operations, as outlined below, so long as the businesses strictly adhere to the following: (1) minimize in-person contact with people who are not in the same household; (2) maintain Social Distancing; (3) utilize remote teleworking to the greatest extent possible; and (4) minimize the number of employees needed to operate at a basic level. b. Minimum Basic Operations allows the minimum necessary activities to: 1. Maintain the value of the business's inventory or equipment, process payroll and employee benefits, maintain the premises and the security of the premises, equipment and inventory, including the care and maintenance of livestock or animals; 11. IT or other operations that facilitate employees working from home; and m. Facilitate online or call-in sales; and/or perform in-store repair services. 11. It is ordered that a restaurant with or without drive-in or drive-through services; drive-in restaurant; drive-through restaurant; or microbrewery, micro-distillery, or winery may only provide take out, delivery, or drive-in or drive-through services as allowed by law. Social distancing is required. 12. 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 nor does it prohibit any gathering expressly permitted by Order GA-14. 13. All elective medical, surgical, and dental procedures are prohibited anywhere in Richland Hills. All licensed health care professionals shall postpone all surgeries and procedures that are not immediately medically necessary to correct a serious medical condition of, or to preserve the life of, a patient who without immediate performance of the surgery or procedure would be at risk for serious adverse medial consequences or death as determined by the patient's physician. Provided, however, that this prohibition shall not apply to any procedure that, if performed in accordance with the commonly accepted standard of clinical practice, would not deplete the hospital capacity or the personal protective equipment needed to cope with the COVID-19 disaster.2 14. If someone in a household has tested positive for COVID-19, the household is ordered to isolate at home. Members of the household cannot go to work, school, or any other community function until cleared by a medical professional but may seek medical services as needed from medical personnel and facilities. 15. Nursing homes, retirement, and long-term care facilities are to prohibit non-essential visitors from accessing their facilities unless to provide critical assistance or for end-of-life visitation. 2 Texas Medical Board, 22 TAC§ 187.57 (c) (1), (2). Page4 16. Individuals experiencing homelessness are strongly urged to obtain shelter and maintain Social Distancing when feasible. If a homeless person is sheltered and exhibits symptoms or is diagnosed, the shelter's isolation center shall be deemed the residence of the homeless person solely for the purpose of complying with the requirements of this Declaration. Medical personnel shall make the decision whether any other shelter residents shall be required to isolate based on potential exposure. Available shelters, to the maximum extent practicable, must use COVID-19 risk mitigation practices in their operations. 17. Definitions: a. Social Distancing means maintammg at least 6 feet distance from other individuals, frequently washing hands with soap and water for at least 20 seconds, using hand sanitizer, covering coughs or sneezes (into the sleeve or elbow, not the hands), regularly disinfecting high touch surfaces, and not shaking hands. b. Minimum Basic Operations include the following, provided the businesses strictly adhere to: (l) minimize in-person contact with people who are not in the same household: (2) maintain Social Distancing; (3) utilize remote teleworking to the greatest extent possible; and (4) minimize the number of employees needed to operate at a basic level. Minimum Basic Operations allows the minimum necessary activities to: C. 1. Maintain the value of the business's inventory or equipment, process payroll and employee benefits, maintain the premises and the security of the premises, equipment and inventory, including the care and maintenance of livestock or animals; 11. IT or other operations that facilitate employees working from home; and m. Facilitate online or call-in sales; and/or perform in-store repair services. Essential Activities includes ,my of the following: 1. 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, visiting a health care professional, or obtaining supplies needed to work from home). 11. 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 and livestock supplies, and any other household consumer products. and products necessary to maintain the safety, sanitation, and essential operation of residences). It is strongly recommended that households, to the greatest extent possible, send only one person to businesses for the purpose of picking up food or other essential items. 111. To engage in outdoor activity, provided the individuals comply with Social Distancing (for example, walking, biking, hiking, golfing, or running). Page 5 1v. To perform work providing essential products and services at an Essential Business or to otherwise cany out activities specifically pem1itted in this Declaration. v. To care for a family member or pet in another household. d. Essential Businesses means: 1. Essential Health Care Services. Healthcare operations, including hospitals, clinics, doctors, dentists, pharmacies, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers. home healthcare services providers, mental health providers. substance abuse providers, blood banks, medical research, or any related and/or ancillary healthcare services. veterinary care provided to animals. Home- based care for seniors, adults, or children. Residential facilities and shelters for seniors, adults, and children. Healthcare operations do not include fitness and exercise gyms and similar facilities. Healthcare operations do not include elective medical, surgical. and dental procedures as established in accordance with this Declaration. 11. Essential Government Functions. All services provided by local, state and federal governments needed to ensure the continuing operation of the government agencies to provide for the health, safety and vvelfare of the public. All Essential Government Functions shall be performed in compliance with Social Distancing, to the extent possible. m. Essential Critical Infrastructure Pursuant to Governor Abbott's Executive Order GA-14, everything listed by the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce, Version 2.0 1v. Essential Retail. Food service providers, including grocery stores, warehouse stores, liquor stores, bodegas, gas stations, convenience stores, and farmers' markets and other retail stores that sell food products and household staples, pet and feed stores. Businesses not open to the public that ship or deliver groceries, food, goods or services directly to residences. Restaurants and other facilities that prepare and serve food, but only for delivery, take out, drive-in, drive-through, curb side pickup 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 docs not apply to cafcs and restaurants located within hospital and medical facilities. Laundromats, dry cleaners, and laundry service providers. Businesses that provide for the delivery ot~ or preparation of vehicles. Businesses that supply products needed for people to work from home, including businesses providing mail and shipping and post oilice box. Businesses that supply products necessary for essential repairs and maintenance of a home or business. Page 6 Hotel, motels. and shared rental units. except that all bars, cafes. or restaurants in hotels, motels, and shared rental units are closed except for pick-up and room service. v. Providers of Basic Necessities to Economicallv Disadvantaged Populations. Social services and charitable organizations that provide food, shelter. and social services, and other necessities of life for economically disadvantaged or otherwise vulnerable individuals. v1. Essential Services Necessarv to Maintain Essential Operations of Residences or Other Essential Businesses. Trash and recycling collection, processing and disposal, mail and shipping services. building cleaning and maintenance, auto repair, warehouse/distribution and fulfillment, and storage for essential businesses. Plumbers, pool services, yard maintenance and landscapers. security services, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety. sanitation, and essential operations of residences, Essential Activities, and Essential Businesses. Professional services. such as legal or accounting services. when necessary to assist in compliance with legally mandated activities. v11. News Media. Newspapers, television, radio, and other media services. v111. Financial Institutions. Banks and related financial institutions, consumer lenders. alternative financial services companies, sales and finance lenders, credit unions, appraisers, and title companies. As much business as possible shall be conducted with web-based technology to limit m- person contact. 1x. Real Estate Transactions: Services related to current real estate transactions. As much business as possible shall be conducted with web- based technology to limit in-person contact. x. Childcare Services. Childcare facilities providing services that enable employees who perfonn Essential Activities or work for an Essential Business. xi. Animal Shelters, Zoos. and Other Businesses that Maintain Live Animals. Businesses that maintain and care for live animals are not permitted to allow any visitors or patrons but may continue to operate to the extent necessary to provide the necessary care for the animals. Nothing in this section shall prohibit a non-employee from entering the premises to perform a health care service or another Essential Business service. x11. Construction. Construction under a valid permit issued by a governmental entity. Page 7 e. XIII. Funeral Services. Funeral homes, crematoriums and cemeteries may operate. xiv. Wedding Services. Weddings may be held, but not more than ten persons may be present at any one time. Social Distancing is required. Weddings may not be held inside a County building. xv. Worship Services. Religious services conducted in churches, congregations and houses of worship arc permitted if they cannot be conducted from home or through remote services, so long as Social Distancing is maintained, and existing guidelines set forth by the Centers for Disease Control and Prevention (CDC) are followed. Religious services held outdoors whereby individuals remain in their vehicles arc strongly encouraged. Order GA-14 orders that religious services "should be conducted consistent with the Guidelines from the President and the CDC ... "3 xvi. Moving Services and Supply. Businesses that provide residential and/or commercial moving services and necessary moving supplies. Essential Travel. For the purposes of this Declaration, Essential Travel includes travel for any of the following purposes. 1. Any travel related to the provision of or access to Essential Activities, Essential Governmental Functions, Essential Businesses, Essential Critical Infrastructure, and Minimum Basic Operation: 11. Travel to care for elderly, minors, dependents. persons with disabilities. or other vulnerable persons; 111. Travel to or from educational institutions for purposes of receiving materials for distance learning, fix receiving meals, and any other related services: 1v. Travel to return to a place of residence from outside the jurisdiction; v. Travel required by law enforcement or court order: v1. Travel by church staff or clergy for the purpose of production of remote delivery of religious services and other ministries requiring travel; vu. Travel related to attending a funeral service; or 3 Texas Attorney General's Guidance for Houses of Worship During the COVID-19 Crisis" ... guidance from the CDC currently recommends that if a community is experiencing substantial community spread of COVID-19, then the houses of worship in that community should cancel all in-person gatherings of any size. But if a community is experiencing moderate to substantial spread, then the CDC recommends a reduction of activities in coordination with local health officials, possible smaller gatherings incorporating social-distancing measures, cancelation of activities with 10 or more people when high-risk populations attend in person (including those over 65 and those with underlying medical conditions) and use of creative means to deliver faith-based services. For more information, houses of worship should consult CDC guidance: https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/guidance- community-faith-orqan izations.html." For updates about the level of community spread, see CoronaVirus.TarrantCounty.com. Page 8 v111. 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. f. Essential Services. Essential Services means services, by whomsoever rendered, and whether rendered to the government or to any other person, the interruption of which would endanger life, health or personal safety of the whole or part of the population. 18. This Declaration does not restrict business operations delivering Essential Services pursuant to Attorney General Ken Paxton's Opinion No. KP-0296 and CISA. 19. That any certified peace officer or other person with lawful authority is hereby authorized to enforce the provisions of this Declaration in accordance with the authority granted under the Texas Disaster Act of 1975. Any person who violates this Declaration may be subject to a fine not exceeding $1,000 or confinement for a period not exceeding 180 days. 20. That this Declaration incorporates the attached table, Richland llills Disaster Restrictions, as if set forth verbatim herein. 21. The sections, paragraphs, sentences, clauses and phrases of this Declaration arc severable and if any phrase, clause, sentence, paragraph or section of this Declaration should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences paragraphs and sections that can be given effect without the invalid provision, and to this end, the provisions of this Declaration are severable. 22. That this Declaration is issued in accordance with and incorporates by reference any declaration of disaster previously issued and adopted by the Richland Hills City Council. In the event of a conflict between this Declaration and a prior declaration pertaining to COVID -19, this Declaration prevails. 23. The Mayor's Fourth Amended Declaration shall take effect at 12:01 a.m., April 10, 2020 and shall continue until May 15, 2020. Page9 SECTION2 Richland Hills Disaster Restrictions Issued April 9, 2020 The following shall be strictly adhered to: Locations / Activities Restrictions Persons residing in Richland Hills Stay at place of residence Practice Social Distancing Leave residence only for Essential Activities, Essential Travel, Essential Services or to work at Essential Businesses, Essential Governmental Services, Essential Critical Infrastructure, or to perfonn Minimum Basic Operations Comply with Guidelines from the President and the CDC Public or Private Gatherings occurring outside Prohibited, with limited exception a single household or living unit City Facilities, Playgrounds, Restrooms and Closed to public use other Park Amenities City Parks open; Social Distancing required All businesses except Essential Businesses No public occupancy permitted Minimum Basic Operations allowed Social Distancing required Minimum number of employees Minimize in-person contact Food establishments In-house dining/shopping -no public Including those at schools, hotels, motels occupancy Excluding those at hospitals Drive-in, drive-through, take out, and delivery is pem1itted Social Distancing required Page IO Worship Services As of April 3, 2020, the Tarrant County public health officer identifies substantial community spread/transmission; therefore, all in-person gatherings of any size are prohibited Staff can attend to produce audio/video services Social Distancing required Elective medical, surgical and dental Prohibited, with limited exception procedures Nursing homes, retirement and long-term Prohibit non-essential visitors unless to care facilities provide critical assistance or for end-of-life visitation Essential Travel Any travel related to the provision of or Individuals may leave shelter to perform access to Essential Activities, Essential essential travel Governmental Functions, Essential Businesses, Essential Critical Infrastructure Social Distancing required and Minimum Basic Operations Travel to care for elderly, minors, dependents. persons with disabilities, or other vulnerable persons Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, and any other related services Travel to return to a place of residence from outside the jurisdiction Travel required by law enforcement or court order Travel by church staff or clergy for the purpose of production ofremote delivery of religious services and other ministries requiring travel Travel related to attending a funeral service Page 11 Travel required for non-residents to return to their place of residence outside the city Essential Activities To perfonn tasks essential to an individuars Individuals may leave shelter to perform health and safety, or to the health and safety essential activities of their family or household members (i.e. obtaining medical supplies, visiting a health Social Distancing required care professional, or obtaining supplies needed to work from home) To obtain services or supplies fix an individual and their family or household members, or to deliver those services or supplies to others (i.e. food, pet and livestock supplies, and any other household consumer products, and products necessary to maintain the safety, sanitation, and essential operation of residences) To engage in outdoor activities (i.e. walking, biking, hiking, golfing, or running) To work providing essential products and services at an Essential Business or to otherwise carry out activities specifically permitted in this Declaration To care for a family member or pet in another household Essential Health Care Services Hospitals, clinics, doctors, dentists, Allowed to remain open pharmacies, pharmaceutical and biotechnology companies, other healthcare Social Distancing required facilities, healthcare suppliers, home healthcare services providers, mental health Businesses should implement screening providers, substance abuse providers, blood precautions to protect employees and all banks, medical research, or any related activity shall be performed in compliance with and/or ancillary healthcare services, Social Distancing and in compliance with the veterinary care provided to animals Guidelines from the President and the CDC Home-based care for seniors, adults, or children Page 12 Residential facilities and shelters for seniors, adults, and children Essential Government Functions All services provided by local, state and federal governments needed to ensure the continuing operation of the government agencies to provide for the health, safety and welfare of the public Essential Critical Infrastructure Pursuant to Governor Abbott's Executive Order GA-14, everything listed by the U.S. Department of Homeland Security 111 its Guidance on the Essential Critical Infrastructure Workforce, Version 2.0 Essential Retail Food service providers, including grocery stores, warehouse stores, liquor stores, bodegas, gas stations, convenience stores, and farmers' markets and other retail stores that sell food products and household staples, pet and feed stores Businesses not open to the public that ship or deliver groceries, food, goods or services directly to residences Restaurants and other facilities that prepare and serve food, but only for delivery, take out, drive-in, drive-through, curb side pickup or carry out Page 13 Allowed to remain open Social Distancing required Businesses should implement screening precautions to protect employees and all activity shall be performed in compliance with Social Distancing and in compliance with the Guidelines from the President and the CDC Allowed to remain open Social Distancing required Businesses should implement screening precautions to protect employees and all activity shall be performed in compliance with Social Distancing and in compliance with the Guidelines from the President and the CDC Allowed to remain open Social Distancing required Businesses should implement screening precautions to protect employees and all activity shall be performed in compliance with Social Distancing and in compliance with the Guidelines from the President and the CDC 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 Laundromats, dry cleaners, and laundry service providers Businesses that provide for the delivery of, or preparation of vehicles Businesses that supply products needed for people to work from home, including businesses providing mail and_shipping and post office box Businesses that supply products necessary for essential repairs and maintenance of a home or business Hotel, motels, and shared rental units, except that all bars, cafes, or restaurants in hotels, motels, and shared rental units are closed except for pick-up and room service Providers of Basic Necessities to Economically Disadvantaged Populations Social services and charitable organizations Allowed to remain open that provide food, shelter. and social services, and other necessities of life for Social Distancing required economically disadvantaged or otherwise vulnerable individuals Businesses should implement screening precautions to protect employees and all activity shall be performed in compliance with Social Distancing and in compliance with the Guidelines from the President and the CDC Essential Services Necessary to Maintain Operations of Residences or Essential Businesses Trash and recycling collection, processing Allowed to remain open and disposal, mail and shipping services, building cleaning and maintenance, auto Social Distancing required repair, warehouse/distribution and fulfillment. and storage for essential Businesses should implement screening Page 14 businesses precautions to protect employees and all activity shall be performed in compliance with Plumbers. pool services, yard maintenance Social Distancing and in compliance with the and landscapers, security services, Guidelines from the President and the CDC electricians, exterminators, and other vendors who provide services that are necessary to maintaining the safety, sanitation, and essential operations of residences, Essential Activities, and Essential Businesses Professional services, such as legal or accounting services, when necessary to assist in compliance with legally mandated activities Other Essential Businesses Newspapers, television, radio, and other Allowed to remain open media services Social Distancing required Banks and related financial institutions, consumer lenders, alternative financial Businesses should implement screening services companies, sales and finance precautions to protect employees and all lenders, credit unions, appraisers, and title activity shall be performed in compliance with companies. As much business as possible Social Distancing and in compliance with the shall be conducted with web-based Guidelines from the President and the CDC technology to limit in-person contact Services related to current real estate transactions. As much business as possible shall be conducted with web-based technology to limit in-person contact Childcare facilities providing services that enable employees who perform Essential Activities or work for an Essential Business Businesses that maintain and care for live animals are not permitted to allow any visitors or patrons but may continue to operate to the extent necessary to provide the necessary care for the animals Construction tmder a valid permit issued by a governmental entity Page 15 Funeral homes. crematoriums and cemeteries may operate Weddings may be held, but not more than ten persons may be present at any one time Businesses that provide residential and/or commercial moving services and necessary moving supplies Essential Services Business operations the interruption of Allowed to remain open which would endanger life, health or personal safety of the whole or part of the Social Distancing required population Businesses should implement screening precautions to protect employees and all activity shall be performed in compliance with Social Distancing and in compliance with the Guidelines from the President and the CDC Minimum Basic Operations Operations necessary to maintain the Operations allowed for essential and non- value of the business's inventory or essential businesses equipment, process payroll and employee benefits, maintain the premises and the Social Distancing required security of the premises, equipment and inventory, including the care and Number of employees are kept to a minimum maintenance of livestock or animals Utilize remote teleworking where possible IT or other operations that facilitate employees working from home Minimize in-person contact with people who are not in the same household To facilitate online or call-in sales or in- store repair services SECTION 3. This ordinance shall be cumulative of all provisions of ordinances, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances are hereby repealed. Page 16 SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining, phrase, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the City Council without incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTIONS. As an alternate to the penalties that may be imposed under Chapter 418 of the Local Government Code, any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6. All rights and remedies of the City of Richland Hills, Texas, are expressly saved as to any and all violations of the provisions of the ordinances of the City of Richland Hills which have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. The City Secretary is directed to publish in the official newspaper of the City, the caption, penalty clause, savings clause, publication clause and effective date clause of this ordinance one time as authorized by Chapter 5, Section 5.02(c) of the Charter of the City of Richland Hills. SECTIONS. This Ordinance shall be in full force and effect form and after its passage and publication as provided by law, and it is so ordained. ATTEST: 'CITYSEC~RY APPROVED AS TO FORM AND LEGALITY: Page 18