New order from City of Austin:
WHEREAS, on March 6,2020, I, Mayor Steve Adler, issued a Declaration of Local
Disaster pursuant to Texas Government Code Chapter 418, ratified by City Council Resolution No. 20200312-074, to allow the City of Austin to take measures in response to the COVID-19 pandemic and protect the health and safety ofAustin residents;
WHEREAS, on March 13, 2020, Governor Greg Abbott proclaimed a state-wide state of
disaster due to the COVID-19 pandemic and has since issued numerous Executive Orders related to the pandemic, including Executive Order GA-26 govering the reopening ofthe Texas economy on June 3,2020;
WHEREAS, as of June 22,2020, Travis County has experienced 6,210 confirmed cases
of COVID-19 and 110 deaths as a result of the disease, the seven-day average rate of
hospitalizations has exceeded 20 per day putting Travis County into Stage 4 emergency status, and yesterday saw a record 506 newly diagnosed cases ofthe disease;
WHEREAS, infected persons can transmit the COVID-19 virus to others before showing
any symptoms, and widespread and consistent use offace coverings over the nose and mouth when in public is a critical and necessary measure to help slow the spread of the virus while allowing local businesses to continuing to reopen and help the Austin economy recover;
WHEREAS, Governor Abbott has clarified that his plan to reopen the Texas economy
includes maintaining the authority oflocal governments to require businesses to adopt and enforce health policies that include face covering requirements; and
WHEREAS, COVID-19 continues to menace the health ofAustin residents and the Austin
economy, and the local Health Authority has advised on the need for increased vigilance by indivduals and mandatory health measures from Austin businesses:
NOW THEREFORE, I, MAYOR OF THE CITY OF AUSTIN, PURSUANT TO
THE AUTHORITY VESTED BY TEXAS GOVERNMENT CODE CHAPTER 418,
HEREBY ORDER, EFFECTIVE AS OF 11:59 P.M. ON JUNE 22, 2020, AND
CONTINUING THROUGH AUGUST 15, 2020, THAT IN THE CITY OF AUSTIN:
SECTION 1. All individuals and business establishments are ORDERED to practice the
social distancing, hygiene, and face covering behaviors set forth in Sections 2 through 5 and Exhibits A and C, unless excepted by this Order or otherwise provided by the Governor’ s Executive Order GA-26 or other executive order in effect (combined being Governor’ s Order).
Further, to the extent this Order does not mandate or directly address a course of action, all individuals and business establishments shall at a minimum comply with and require the health protocols otherwise just recommended in the Governor’s Open Texas Checklists, found at: https://gov.texas.gov/organization/opentexas.
Social gatherings shall be avoided or minimized. Vulnerable individuals (those over 65,
who are immunocompromised, or who have underlying health conditions putting them at increased risk of harm from COVID-19) shall avoid groups of more than two beyond the members of their single household or residence. Further, socializing by anyone in groups ofmore than 10 individuals (unless all participants are members of a single household or residence) is PROHIBITED, except as expressly permitted by this Order or the Governor’s Order. All participants in lawful gatherings or groups, restricted by size or otherwise expressly permitted, are nonetheless subject to the required social distancing, hygiene, and face covering behaviors set forth in Sections 2 through 5
and Exhibits A and C and including or limited by any other requirements imposed by the Governor’s Order. Nothing in this Order prohibits the gathering of members of a household within the household’s residence.
Nursing homes, retirement and long-term care facilities must prohibit non-critical
assistance visitors or providers from accessing their facilities, as determined through the guidance from the Texas Health and Human Services Commission. All non-residents in nursing homes, retirement and long-term care facilities must wear a fabric face covering as set forth in Section 3 (Face Covering Behaviors). In addition, residents in facilities with confirmed COVID-19 cases shall follow requirements of Exhibit C, except when doing so poses a greater mental or physical health, safety or security risk.
Wearing a face covering is not a substitute for maintaining 6-feet social distancing
and hand washing, as these remain important steps to slowing the spread of the virus.
Pursuant to the Governor’s Order and this Order, a civil or criminal penalty may be
imposed upon businesses, but not individuals, for violations of the face covering
requirements provided herein If someone in a household has tested positive for COVID-19 or is awaiting the results of a COVID-19 test, the entire household is ORDERED to isolate and not travel outside ofthe City of Austin except to seek medical attention or until cleared by Austin Public Health. Before visiting a healthcare provider or seeking emergency medical care, a person must notify the healthcare provider in advance (or the 9-1-1 call taker and first responders in the event of an emergency) if
they have tested positive for COVID-19 or show symptoms consistent with COVID-19 such as cough, fever, sore throat, chills, muscle aches, loss of smell, loss of taste, shortness of breath, vomiting, and/or diarrhea, or ifthey have been exposed to another individual who tested positive or displayed symptoms consistent with COVID-19.
SECTION 2. Social Distancing and Hygiene. All persons shall practice social distancing
except when in the presence of only members of one’s own household or residence, or when otherwise exempted by this Order. Parents and guardians of children under 10 shall be responsible for maintaining social distance between child members of their household and others’ households.
For purposes of this Order, and as outlined in the guidelines from the CDC and Austin/Travis County Health Authority, social distancing means maintaining at least a six-foot distance from other individuals, washing hands with soap and water for at least 20 seconds as frequently as possible or using hand sanitizer with at least 60% alcohol ifsoap and water is unavailable, covering coughs or sneezes (into the sleeve or elbow, not into hands), regularly cleaning high-touch surfaces, and not shaking hands.
SECTION 3. Individual Face Covering Behaviors: Because an infected person can
transmit the COVID-19 virus to others before showing any symptoms and for other reasons, the covering ofa person’s nose and mouth is necessary to help slow the spread ofthe virus. All persons over the age of six must wear some form of covering that fits snugly over their nose and mouth, such as a commercially made or homemade fabric mask, scarf, bandana or handkerchief, at all times while outside of their residence, and especially including but not limited to while inside of, or in line to enter, the common areas ofany indoor business establishment or public space, except:
a. when the person is alone, or in the presence only of other members of the same
household or residence, in a separate room or single space, and not in an indoor common
area;
b. when doing so poses a greater mental or physical health, safety or security risk due to a medical condition, mental health condition, or disability; federal, state, or local
workplace safety regulations; or other increased safety risk to the person;
c. when visibility of the mouth is necessary for communication by or with a person who is hearing impaired;
d. when the person is outdoors and engaging in an activity allowed by the Governor’s
Order while alone, or with only members of the same household or residence, or while
maintaining a consistent separation of six feet or more from others;
e. when the person is at a restaurant or bar for the purpose of eating or drinking and is
otherwise compliant with the requirements of this Order; or
f. when temporary removal ofthe face covering is required to receive a service involving
the area ofthe nose or mouth authorized by this Order or the Governor’s Order.
Parents and guardians of children under ten years of age are responsible for appropriately masking children when outside their residence.
All non-residents in nursing homes, retirement and long-term care facilities shall wear a
fabric face covering, except as otherwise required by an order issued by the Health Authority. In addition, residents in facilities with confirmed COVID-19 cases shall follow requirements of
Exhibit A, except when doing so poses a greater mental or physical health, safety or security risk.
See Exhibit C for further direction and guidance on Face Covering Behaviors.
SECTION 4. Face Coverings at City Facilities. Individuals over the age of six must wear
face coverings at all times (subject only to the exceptions set forth in Section 3) while present on or in City property or facilities, unless expressly exempted by a city policy applicable to the premises or facility.
SECTION 5. Mandatory Face Covering Policies for Business Establishments (both
Publicly Accessible and Accessible Only to Employees). All businesses (including not-for-profit entities) and commercial entities (including withut limitation multi-family residential, office common areas, and individual office spaces), and the operators of any venues or events open to the public, are ORDERED to implement and maintain in force and effect during the term of this Order a health and safety policy or plan related to preventing transmission ofthe COVID-19 virus.
The health and safety policy or plan must, at a minimum, require that all employees,
customers, and visitors wear face coverings over their nose and mouth (subject only to the exceptions set forth in Section 3) while in any part ofthe business’s or venue’s premises or facility, and must require of and enforce this health and safety policy or plan as to all who enter upon or into the premises or facility.
The health and safety policy or plan required by this Section 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 as reasonable and appropriate. All business establishments and venues subject to this Order must post conspicuous signage displaying the requirements of the health and safety policy or plan required by this Order at or near each entrance (on each entry door if feasible) to the premises in a manner sufficient to provide clear notice to employees, customers, and visitors at least of the face covering requirement. A sample health and safety policy and signage that is minimally compliant with this Section is attached as Exhibit B and can be obtained at http://austintexas.gov/page/printed-materials-and-requiredsignage.
Business employers shall require all employees to comply with the Face Covering
Behaviors in this Section while present on the business premises or conducting the employer’ s business outside the employee’s residence. See Exhibit C for further direction and guidance on Face Covering Behaviors.
SECTION 6. Reopened Businesses. While the City ofAustin is declared to be in a Stage
4 Alert (or higher), all business establishments reopened by the Governor’s Orders (including but not limited to GA-23 and/or GA-26) are strongly encouraged to operate at a capacity less than otherwise permitted to make it more feasible for customers and staff to maintain proper social distancing within their establishment, and to provide services remotely or in a manner maximizing social distancing (e. g., curb-side pickup, delivery, ete.) as much as possible. Stage 4’s primary indicator is a state where the seven-day-average of hospital admissions of COVID-19 patients is 20 or above. It also takes into consideration a number of supporting indicators, including case doubling time, testing positivity rate, and overall hospital capacity. Information can be found at http://austintexas.gov/page/covid-19-risk-based-guidelines. Despite the issuance of the Governor’s Order, local conditions in Travis County continue to exhibit an alarming upward trend of COVID-19 virus transmission and hospitalizations and businesses are encouraged to do everything they can, beyond the requirements ofthe Governor’s Order, to require social distancing and require face masking behaviors while the City remains in Stage 4.
SECTION 7. City Deadlines. All deadlines and expiration dates for site plans,
subdivisions, zoning, building permits, and similar development applications or permits are extended until August 15,2020, or the date they would have normally expired, whichever is later. A manufacturer that retools its business for the primary purpose of manufacturing and
producing ventilators, masks, personal protective equipment, or any supplies necessary for Healthcare Operations and Critical Infrastructure may apply for a temporary permit or temporary change of use permit for such manufacturing. The Building Official may suspend any City ordinance, order or regulation which would prevent a manufacturer from retooling its business to produce such equipment in the official’s sole discretion, and the official’s decision on approving the permit is final.
SECTION 8. Hospital, Pharmacy, and Clinic Data. Hospitals, Pharmacies, and Clinics,
or any other entity or person performing or obtaining testing for COVID-19, shall daily provide the City ofAustin /Travis County Health Authority (Dr. Mark Escott) or his designee, COVID-19 test results (tests performed, and those reported positive, negative or inconclusive), including PCR and antibody testing, in the manner directed by Austin Public Health. Any data that is required to be provided to the State under state law, shall be simultaneously provided to the City of Austin Health Authority ifthe individual is tested within the City ofAustin or Travis County.
SECTION 9. Retail, Restaurant Dine-In and Reopened Service Logs and Privacy
Protection. To assist in both the statewide and local contact tracing programs, all retail,
restaurants and bars allowing indoor service and all reopened services are encouraged to maintain an activity log of, as reasonably possible, the contact information for all inside or sit-down customers and employees including the dates and times they were present in the business and the location they occupied for more than a passing moment . Voluntary maintaining of such a log may obviate the need for the Austin Public Health normal protocol otherwise of to publicly release, without limitation and in its discretion, the location where people with confirmed infections have been, with relevant dates and timeframes, so as to otherwise trace contacts.
To protect the privacy of customers, the logs shall be maintained only for a one-month
period and shall be the property ofthe business, not the city. The log may be used only by public health authorities if needed for contact tracing. The logs shall not be part of a database and shall not be used for law enforcement purposes.
SECTION 10. Criminal Offense. Except for a violation of Sections 3 or 4 by an
individual, a violation of this Order is a violation of Austin City Code Section 2-6-24 and a
criminal offense. A violation of this Order may be punishable through criminal enforcement, except as limited by state order. Peace officers, City of Austin Code Department inspectors, and the Office of the Austin Fire Marshal are hereby authorized to enforce this Order. A criminal violation of this Order is a misdemeanor punishable by a fine not to exceed $1,000, but not by confinement. With respect to Section 5, each day or a portion of each day during which the violation occurs or continues constitutes a separate offense. A criminal violation ofthis Order may be enforced by the filing of a probable cause affidavit alleging the violation with the appropriate court or by issuing a citation to the person violating that contains written notice of the time andplace the person must appear before a magistrate of this state. the name and address of the person charged. and the offense charged.
Enforcement of this Order is substantially reliant on self-regulation and a community
commitment to public health and safety under the threat of COVID-19. I fthere is not widespread compliance with this Order the City will increase enforcement efforts. as allowed by lau’.
Pursuant to the Governor’s Order and this Order, a civil or criminal penalty may be
imposed upon businesses, but not individuals, for violations of the face covering
requirements provided herein.
SECTION 11. Savings Clause. If any provision of this Order or its application to any
person or circumstance is held to be invalid, then the remainder of the Order. including the application of such part or provision to other persons or circumstances. shall not be affected and shall continue in full force and effect. To this end. the provisions ofthis Order are severable.
SECTION 12. The Austin Public Health Department and the City Clerk will post this
Order on their websites. In addition, the owner, manager. or operator of any facility that is likely to be impacted by this Order is strongly encouraged to post a copy of this Order onsite and to provide a copy to any member of the public asking for a copy.
SECTION 13. Exhibits. This Order incorporates by reference the following:
Exhibit A: Recommendations and Requirements by the Austin / Travis
County Health Authority
Exhibit B: Sample Business Health and Safety Policy and Signage
Exhibit C: Face Covering Behaviors
Exhibit D: Construction Requirements
SECTION 14. This order supersedes Orders Nos. 20200615-013 and 20200617-014.
ORDERED this the 22nd day of June 2020, in the City of Austin. Travis County, Texas,
in witness whereof I subscribe my name and cause to be affixedlhe seal of t,Ke City of Austin.
This 22d day of June 2020.
City of Austin Mayor Steve Adler