ORDER NUMBER 3 AND PROCLAMATION BY THE MAYOR

Published:
Tuesday, March 24, 2020
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3/24/2020

ORDER NUMBER 3 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;

WHEREAS, COVID-19 continues to spread and to pose an increasing, imminent threat of disaster throughout Texas; and

WHEREAS, the Centers for Disease Control and Prevention (CDC) recommends an “All of Community” approach focused on slowing the transmission of COVID-19; and

WHEREAS, the CDC advises that current evidence suggests that COVID-19 may remain viable for hours to days on surfaces made from a variety of materials; and

WHEREAS, state and local authorities have issued orders to limit gatherings of individuals and to close certain locations and businesses where people gather to minimize the transmission of COVID-19; and

WHEREAS, to provide for the public health and safety and to slow the transmission of COVID-19, it is reasonable and necessary to enact the measures set forth in this Order for certain businesses that remain open and serve a substantial number of customers;

NOW THEREFORE, I, MAYOR OF THE CITY OF KYLE, TEXAS, PURSUANT TO THE AUTHORITY VESTED IN ME BY TEXAS GOVERNMENT CODE CHAPTER 418 AND THE CITY CHARTER 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 and made a part hereof for all purposes.

Section 2.  (a)  Effective as of 8 a.m. on March 24, 2020, and continuing until 11:59 p.m. April 5, 2020, it is hereby ORDERED that the owner, operator, manager, or person in charge of a gas station shall:

  1. Limit occupancy of the building to 10 customers, and cause customers to maintain a minimum of six feet in distance from other customers. 
  2. Allow entry to the building only at entrances that have a hand sanitizer station and an attendant in place. 
  3. Locate a hand sanitation station at at least one entrance to the building and require all customers to sanitize their hands upon entering the building.  The City will cause at least one hand sanitation station and sanitizer product to be provided to each gas station. 
  4. Post an attendant near the hand sanitation station to ensure that customers sanitize their hands and maintain a distance of six feet from each other.   
  5. Methods of enforcing the six-foot distance requirements may include, but are not limited to, placing markers on the floor in locations where customers stand in line.
  6. The door providing entry to the building shall either: a) remain open in accordance with Order No. 2; or b) in the alternative the attendant may open the door for customers. 

(b)  It is further ORDERED that gas station customers shall:

1.   Sanitize their hands at the hand sanitation station located outside of the building before entering.

2.   Maintain a distance of at least six feet from other customers and gas station employees while on gas station premises.

3.   Refrain from entering a gas station store that has reached the maximum customer occupancy limit of ten people.

Section 3.  The Kyle Police Department, the Fire Marshal, and other peace officers are authorized to enforce this Order.  A violation of this Order is a misdemeanor punishable by fine not to exceed $1,000 or confinement in jail for a term not to exceed 180 days. 

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 on site 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.

Ordered and proclaimed this the 24th day of March 2020, in the City of Kyle, Texas. 

Read Order Number 2 issues on 3/22/2020