Order #6 Revising Local Orders for the City of Kyle effective May 1st

ORDER NUMBER 6 AND PROCLAMATION BY THE MAYOR OF THE CITY OF KYLE

WHEREAS, on March 17, 2020, the Mayor of the City of Kyle issued a disaster declaration declaring a local state of disaster for the City of Kyle due to COVID-19 posing an imminent threat of disaster in the City (the “Declaration”) which was subsequently extended by the City Council;

WHEREAS, on March 11, 2020, the World Health Organization characterized COVID-19 as a pandemic; and

WHEREAS, on March 13, 2020, the Governor of the State of Texas declared a state of disaster, the President of the United States of America declared a national emergency;

WHEREAS, on March 31, 2020, the Governor of the State of Texas issued Executive Order No. GA-14 (“GA-14”) implementing Essential Services and Activities Protocols for the entire State of Texas which orders certain businesses to close or to limit operations; and

WHEREAS, the Governor issued Executive Orders GA-16 and GA-18 opening up additional businesses to operate; and

WHEREAS, the Governor issued Texas Helping Texans, The Governor’s Report to Open Texas which provides guidelines for individuals and businesses to operate while minimizing the spread of COVID019;

NOW THEREFORE, I, MAYOR OF THE CITY OF KYLE, TEXAS, PURSUANT TO THE AUTHORITY VESTED IN ME BY THE CITY CHARTER AND TEXAS GOVERNMENT CODE CHAPTER 418, HEREBY FIND, ORDER, AND PROCLAIM THAT:

Section 1.  The findings and recitations set out in the preamble to this Order are found to be true and correct and they are hereby adopted by the Mayor and made a part hereof for all purposes.

Section 2.  Effective as of 12:00 a.m. on May 1, 2020, and continuing until 11:59 p.m. on May 18, 2020, I hereby ORDER as follows:

The maximum gathering limit set forth in the Declaration is hereby repealed.
Section 13 of the Declaration is repealed, except that public, HOA and semi-public pools and playground equipment shall remain closed.

Gas stations must provide sanitation stations and occupants must practice social distancing.  Gas stations may use City-provided sanitation stations and supplies.  Social distancing includes 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, covering coughs or sneezes (into the sleeve or elbow, not into hands), and not shaking hands.

Daycare facilities may operate to provide childcare, as that term is defined in GA-14, provided that said facilities comply with the following requirements:

Childcare must be carried out in stable groups.  "Stable" means that the same children are in the same group each day.  Groups shall consist of a maximum of 9 children.
Children shall not change from one group to another.
If more than one group of children is cared for at one facility, each group shall be in a separate room.
Groups shall not mix with each other.
Childcare providers shall remain solely with one group of children.
Childcare facility staff shall wear a facemask that is consistent with CDC guidelines at all times while working.  Children above the age of two are encouraged to wear a facemask as recommended by CDC guidelines where underlying circumstances or health conditions do not require otherwise.
Day care providers may sign up with the Texas Frontline Child Care Program.
Day care providers may use the Texas Frontline Care Child Program to accept and admit children to the day care facility. 
Day care providers must follow all current COVID-19 CDC and state guidelines for childcare providers.

Retail facilities that offer carts for customers’ use shall clean and sanitize the carts after each use.

Retail facilities shall require employees who interact with customers at the point of sale to wear a mask.

Section 3.  The Kyle Police Department, the Fire Marshal, and other peace officer are authorized to enforce this Order.  A violation of this Order is a misdemeanor punishable by fine not to exceed $1,000 for each day that the violation continues. 

Section 4.  The City will post this Order on its website and Order shall be widely advertised to help accomplish the public health and safety objectives of the City of Kyle.  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 5.  If any subsection, sentence, clause, phrase, or word of this Order 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.

Section 6.  The provisions of the Disaster Declaration, Order No. 4, and Order No. 5 are hereby amended to extent of any conflict with this Order.

Ordered and proclaimed this the 29th day of April, 2020, in the City of Kyle, Texas.