HomeMy WebLinkAbout032041 DEC - 03/14/2020 Order Regarding Public and Private Gatherings
This declaration and order implementing emergency powers is issued pursuant to Texas Government
Code Chapter 418 (including, but not limited to Texas Government Code §418.108 and authority to
control ingress, egress, movement, and premises' occupancy), the Mayoral Declaration of a Local
State of Disaster Due to a Public Health Emergency by the Mayor of the City of Corpus Christi, and
the Declaration of Disaster due to Public Health Emergency issued by the County Judge on March
13, 2020. In accordance with said Chapter and Declarations, the Mayor and County Judge hereby
find and order as follows:
1. The coronavirus that causes COVID-19 is easily transmitted, especially in group settings, and it is
essential that the spread of the virus be slowed to protect the ability of public and private health care
providers to handle an influx of patients and safeguard public health and safety. At the current time,
the shortage of available tests and rapid nationwide spread of COVID-19 in tested areas indicates
there is a strong likelihood of currently undetected community transmission of COVID-19 within the
City. Due to said transmission, the Governor of the State of Texas and President of the United States
declared states of disaster and emergency on March 13, 2020.
2. Because of the risk of the rapid spread of coronavirus, and the need to protect the most vulnerable
members of the community, this Declaration prohibits all indoor gatherings and outdoor gatherings
within an enclosed space of 500 persons or more anywhere in the City of Corpus Christi and in
Nueces County beginning immediately and continuing for 6 days, unless extended consistent with
requirements of state law. Accordingly, all persons are prohibited from organizing, managing,
furthering, and attending Mass Gatherings for the next 6 days, which is subject to extension
pursuant to requirements of state law.
3. For all other gatherings, it is strongly recommended that social distancing protocols established by
the United States Centers for Disease Control and Prevention (CDC) and found within the
"Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission" issued
by the United States Centers for Disease Control and Prevention ("CDC") on or around March 11,
2020 (available online at www.cdc.aov/coronavirus/2019ncov/downloads/community-mitiqation-
strategv.pdf), including canceling, rescheduling, or not attending events with more than 250 persons.
4. Definitions and further guidance:
a. For purposes of this Declaration, a"Mass Gathering" is any event or convening, subject to
the exceptions and clarifications below, that brings together or is likely to bring together 500
or more persons at the same time in a single room or other single confined or enclosed space,
such as, by way of example and without limitation, an auditorium, theatre, stadium (indoor or
outdoor), arena or event center, meeting hall, conference center, large cafeteria, or any other
confined indoor or confined outdoor space.
b. A"Mass Gathering" includes events in confined outdoor spaces, which means an outdoor
space that (i) is enclosed by a fence, physical barrier, or other structure and (ii)where people
are present and they are within arm's length of one another for extended periods.
c. For purposes of clarity, a "Mass Gathering" does not include the following:
— gatherings of people in multiple, separate enclosed spaces in a single building,
so long as 500 people are not present in any single space as the same time;
— use of enclosed spaces where 500 or more people may be present at different
times during the day, so long as 500 or more people are not present in the
space at the same time;
L:\Legal\SHARED\Admin Projects\2020\Declaration regarding Public and Private Gatherings.doca
032041 SCANNED
— public or private schools;
-- spaces where 500 or more persons may be in transit or waiting for transit such
as bus stops;
office space, hotels, or residential buildings;
— grocery stores, shopping malls, outdoor markets, or other retail establishments
where large numbers of people are present but it is unusual for them to be
within arm's length of one another for extended periods;
— hospitals, medical facilities and shelters;
— jails and detention centers; and
Corpus Christi International Airport.
In all such settings, it is recommended that the public follow social distancing
recommendations and harm reduction measures (such as hand sanitizer and tissues should
be provided when possible).
5. Organizations that serve high-risk populations (defined below) should follow CDC guidance for
social distancing. "High-Risk Populations" include people who are:
• 60 years old and older;
• People with certain health conditions such as heart disease, lung disease, diabetes,
kidney disease and weakened immune systems;
• People who are pregnant or were pregnant in the last two weeks.
• People experiencing homelessness.
6. The Local Health Authority and Director of the Health District may update restrictions set out in this
document as necessary to respond to the evolving circumstances of this outbreak during the duration
of the Mayor's Declaration of Public Health Emergency and any extension by the Corpus Christi City
Council or, with respect to Nueces County, the Commissioners Court of Nueces County.
7. A violation of this order is a violation of the emergency management plans of the City and County.
A person who violates any provision of this order may be punishable by a fine of up to $500 per
violation and separate day of violation, imprisonment of up to 180 days per violation and separate
day of violation, and additional amounts as authorized by law.
ORDERED this the 14th day of March, 2020.
1
JoecComb, Mayor arbara Canales, County Judge
ATTE T:
' t tl'%
Re.ecca Huerta, Cit Secretary
APPRO
VED:
/1e.„4.1
Miles K. Risley, City Attorne
L:\Legal\SHARED\Admin Projects\2020\Declaration regarding Public and Private Gatherings.doca
03204 1
Texas Government Code 418.108. DECLARATION OF LOCAL DISASTER. (a) Except as provided by
Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state
of disaster.
(b) A declaration of local disaster may not be continued or renewed for a period of more than seven
days except with the consent of the governing body of the political subdivision or the joint board as provided
by Subsection (e), as applicable.
(c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be
given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the
joint board's official records, as applicable.
(d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all
applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and
assistance under the declaration. The appropriate preparedness and response aspects of the plans are
activated as provided in the plans and take effect immediately after the local state of disaster is declared.
(e) The chief administrative officer of a joint board has exclusive authority to declare that a local
state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless
of whether the airport is located in or outside the boundaries of a political subdivision.
(f) The county judge or the mayor of a municipality may order the evacuation of all or part of the
population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor
if the county judge or mayor considers the action necessary for the preservation of life or other disaster
mitigation, response, or recovery.
(9) >° 9r cfa r01•4.101#01000.0.0.46�a��artiagteaS fior;�.t..a,..i,.f
Y c
Pie �E�C, o Q(f [.e1,i FJ1 the: Ment of
9.4
•�. •�a .c♦ d o : :b' area':.
(h) For purposes of Subsections(f) and (g):
(1) the jurisdiction and authority of the county judge includes the incorporated and
unincorporated areas of the county; and
(2) to the extent of a conflict between decisions of the county judge and the mayor, the
decision of the county judge prevails.
(i) A declaration under this section may include a restriction that exceeds a restriction authorized by
Section 352.051, Local Government Code. A restriction that exceeds a restriction authorized by Section
352.051, Local Government Code, is effective only:
(1) for 60 hours unless extended by the governor; and
(2) if the county judge requests the governor to grant an extension of the restriction.
L:\Legal\SHARED\Admin Projects\2020\Declaration regarding Public and Private Gatherings.docx