FIFTH AMENDED DECLARATION OF PUBLIC HEALTH EMERGENCY CITY OF FORT WORTH, TEXAS STAY AT HOME, WORK SAFE MEASURES WHEREAS, in December 2019 a novel coronavirus, now designated COVID-19, was detected in Wuhan City, Hubei Province, China, with symptoms including fever, cough, and shortness of breath and with outcomes ranging from mild to severe illness and in some cases, death; WHEREAS, on January 30, 2020, the World Health Organization Director General declared the outbreak of COVID-19 as a Public Health Emergency of International Concern (PHEIC), advising countries to prepare for the containment, detection, isolation and case management, contact tracing and prevention of onward spread of the disease; WHEREAS, on March 5, 2020, the World Health Organization Director General urged aggressive preparedness and activation of emergency plans to aggressively change the trajectory of this epidemic; WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a worldwide pandemic; WHEREAS, the Centers for Disease Control and Prevention is closely monitoring the growing number of cases that have spread into the United States and the identification of “community spread” cases of COVID-19 in the United States signals that transmission of the virus is occurring; WHEREAS, COVID-19 spreads between people who are in close contact with one another through respiratory droplets produced when an infected person coughs or sneezes; WHEREAS, the continued worldwide spread of COVID-19 presents an imminent threat of widespread illness, which requires emergency action; WHEREAS, County Judge Glen Whitley issued a Declaration of Disaster Due to Public Health Emergency for Tarrant County for COVID-19 on March 13, 2020; WHEREAS, Governor Greg Abbott issued a State of Disaster for all Texas counties for COVID-19 on March 13, 2020; WHEREAS, President Donald Trump declared a State of National Emergency for the United States of America on March 13, 2020; WHEREAS, pursuant to the Texas Disaster Act of 1975, the mayor is designated as the emergency management director of the City of Fort Worth, and may exercise the powers granted to the governor on an appropriate local scale; 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, compel persons to undergo additional health measures that prevent or control the spread of disease, including 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 and request assistance from the governor of state resources; WHEREAS, by this Declaration of Local Disaster and Public Health Emergency, I declare all rules and regulations that may inhibit or prevent prompt response to this threat suspended for the duration of the incident; WHEREAS, pursuant to the authority granted to the Mayor under the Texas Disaster Act of 1975, I authorize the use of all available resources of state government and political subdivisions to assist in the City’s response to this situation; WHEREAS, I, Betsy Price, the Mayor of the City of Fort Worth have determined that extraordinary and immediate measures must be taken to respond quickly, prevent and alleviate the suffering of people exposed to and those infected with the virus, as well as those that could potentially be infected or impacted by COVID-19; WHEREAS, Governor Abbott issued Executive Order GA 08 and Commissioner John W. Hellerstedt, M.D. issued a Declaration of Public Health Disaster in the State of Texas on March 19, 2020 to implement statewide measures to address the spread of COVID-19; and WHEREAS, County Judge Glen Whitley issued a Second Amended Declaration of Disaster Due to Public Health Emergency for Tarrant County for COVID-19 on March 21, 2020; WHEREAS, I issued a Declaration of Public Health Emergency on March 13, 2020, an Amended Declaration of Public Health Emergency on March 16, 2020, a Second Amended Declaration of Public Health Emergency on March 18, 2020, a Third Amended Declaration of Public Health Emergency on March 19, 2020, and a Fourth Amended Declaration of Public Health Emergency on March 21, 2020, to implement additional measures to ensure the protection of the general public in the City of Fort Worth; and WHEREAS, I now issue this Fifth Amended Declaration of Public Health Emergency to implement shelter-in-place restrictions to help combat the spread and impact of COVID-19 on the City of Fort Worth and surrounding areas. NOW THERFORE BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF FORT WORTH, TEXAS: 1. That a state of disaster and public health emergency is hereby declared for the City of Fort Worth, pursuant to §418.108(a) of the Texas Government Code. 2. That the state of disaster and public health emergency shall continue for a period of not more than seven days of the date hereof, unless the same is continued by the City Council of the City of Fort Worth, Texas, pursuant to §418.108(b) of the Texas Government Code. 3. That this declaration of a local state of disaster and public health emergency shall be given prompt and general publicity and shall be filed promptly with the City Secretary, pursuant to §418.108(c) of the Texas Government Code. 4. That the City’s Emergency Operations Plan is activated and implemented, pursuant to §418.108(d) of the Texas Government Code. 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 §418.020(c) of the Texas Government Code. 6. That this declaration authorizes the City to take any actions necessary to promote health and suppress disease, including quarantine, examining and regulating hospitals, regulating ingress and egress from the City, and fining those who do not comply with the City’s rules, pursuant to §122.006 of the Health and Safety Code. 7. All individuals living in the City of Fort Worth are ordered to stay at home consistent with the direction and guidance in this declaration. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably as possible maintain social distancing of at least 6 feet from any other person when they are outside their residence. All persons may leave their residences only for Essential Travel, Essential Activities, or to provide or perform Essential Governmental Functions, or to operate Essential Businesses, all as defined in Section 16. 8. All businesses operating within the City of Fort Worth, except Essential Businesses as defined in below in Section 16, are required to close to the public. For clarity, businesses may continue operations consisting exclusively of the following as long as social distancing of a least 6 feet is maintained between all employees and contractors during the activities: a. Performing activities at their own residences (i.e. working from home); b. Operations necessary to maintain security, payroll, upkeep, and maintenance of premises, equipment or inventory, including but not limited to the care and maintenance of livestock or animals; c. IT or other operations that facilitate employees working from home; d. Facilitate online or call-in sales performed by employees in a store or facility closed to the public; e. In-store repair services performed by employees in a store or facility closed to the public. To the greatest extent possible, all Essential Businesses shall maintain 6 foot social distancing for both employees and the general public. 9. That this declaration hereby orders that a restaurant with or without drive-in or drivethrough services; drive-in restaurant; drive-through restaurant; liquor store; or microbrewery, micro-distillery, or winery may only provide take out, delivery, or drivein or drive-through services as allowed by law. In no event shall more than ten nonemployees be present inside of a business covered by this section at any one time. 10. 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. 11. All elective medical, surgical, and dental procedures are prohibited anywhere in the City of Fort Worth. Hospitals, ambulatory surgery centers, dental offices, and other medical facilities are directed to identify procedures that are deemed "elective" by assessing which procedures can be postponed or cancelled based on patient risk considering the emergency need for redirection of resources to COVID-19 response. 12. 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. 13. 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 endof-life visitation. 14. All travel, including, but not limited to, travel on foot, bicycle, scooter, motorcycle, automobile, or public transit, except for purposes of Essential Travel, performing Essential Activities or going to work in an Essential Business, or Essential Government Function, as defined herein, is prohibited. To the greatest extent feasible, people riding on public transit shall comply with social distancing of 6 feet or more. 15. Individuals experiencing homelessness are strongly urged to obtain shelter and maintain social distancing of 6 feet 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. 16. Definitions: a. For purposes of this declaration, individuals may leave their residence only to perform any of the following “Essential Activities”: i. 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 ii. iii. iv. v. (for example, obtaining medical supplies or medication, visiting a health care professional, or obtaining supplies needed to work from home). 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. To engage in outdoor activity, provided the individuals comply with social distancing requirements of 6 feet (for example, walking, biking, hiking, golfing, or running). To perform work providing essential products and services at an Essential Business, to otherwise carry out activities directly related to government or health care response to the COVID-19 pandemic, or to perform any other activities specifically permitted in this declaration. To care for a family member or pet in another household. b. For purposes of this declaration, “Essential Businesses” means: i. Essential Health Care Services. Healthcare operations, including hospitals, clinics, 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. ii. Essential Government Functions. All services provided by local governments needed to ensure the continuing operation of the government agencies to provide for the health, safety and welfare of the public. All Essential Government Functions shall be performed in compliance with social distancing requirements of 6 feet, to the extent possible. iii. Essential Critical Infrastructure Work necessary to the operations and maintenance of the 16 critical infrastructure sectors as identified by the National Cybersecurity and Infrastructure Agency (CISA) including public works construction, residential and commercial construction, airport operations, water, sewer, gas, electrical, oil refining, roads and highways, public transportation and other private transportation providers such as Uber and Lift that provide transportation services necessary for the performance of Essential Activities, Essential Businesses, essential infrastructure, or Essential Government Functions, solid waste collection and removal, internet, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services), financial institutions, defense and national security-related operations, essential manufacturing operations. iv. Essential Retail. Food service providers, including grocery stores, warehouse stores, big-box stores, bodegas, gas stations, convenience stores, and farmers’ markets that sell food products and household staples, pet and feed stores. Food cultivation, including farming, fishing, and livestock. Businesses that are not open to the public but that ship or deliver groceries, food, and other essential goods directly to residences. Liquor stores and restaurants and other facilities that prepare and serve food, but only for delivery, take out, drive-in, drive-through 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 does not apply to cafes and restaurants located within hospital and medical facilities. Laundromats, dry cleaners, and laundry service providers. Auto-supply, auto and bicycle repair, hardware stores, and related facilities. 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 are closed except for pick-up and room service. v. Providers of Basic Necessities to Economically 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. vi. Essential Services Necessary 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, 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. Businesses that supply other Essential Businesses with support or supplies needed to operate. vii. News Media. Newspapers, television, radio, and other media services. viii. Financial Institutions. Banks and related financial institutions, consumer lenders, sales and finance lenders, credit unions, appraisers, and title companies. ix. Real Estate Transactions. Services related to current real estate transactions. As much business as possible shall be conducted with webbased technology to limit in-person contact. x. Childcare Services. Childcare facilities providing services that enable employees who perform Essential Activities or work for an Essential Business to work as permitted. 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 health care services or other Essential Business services. xii. Construction. Construction under a valid permit issued by a governmental entity. xiii. Funeral Services. Funeral homes, crematoriums and cemeteries may operate but no more than ten non-employees may be present at the same time. xiv. Worship Services. No in-person worship services are permitted. Needed staff can attend to produce audio/video services for transmission. xv. Moving Supply Services. Businesses that provide residential and/or commercial moving services and necessary moving supplies. c. Essential Travel. For the purposes of this declaration, “Essential Travel” includes travel for any of the following purposes. Individuals engaged in any Essential Travel must comply with all Social Distancing Requirements as defined in this Section. i. Any travel related to the provision of or access to Essential Activities, Essential Governmental Functions, and Essential Businesses; ii. Travel to care for elderly, minors, dependents, persons with disabilities, or other vulnerable persons; iii. Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, and any other related services; iv. Travel to return to a place of residence from outside the jurisdiction; v. Travel required by law enforcement or court order; vi. Travel by church staff/clergy for the purpose of production of remote delivery of religious services and other ministries requiring travel; vii. Travel related to attending a funeral service; or viii. 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. 17. That this declaration hereby authorizes the use of all lawfully available enforcement tools. 18. That this declaration incorporates the attached table, Disaster Restrictions, as if set forth verbatim herein. 19. That this declaration sets forth strong recommendations, attached hereto, for the purpose of mitigating the spread of COVID-19. 20. That this declaration shall take effect at 11:59 pm on March 24, 2020, and shall be in effect until April 3, 2020, subject to a resolution of continuation by the Fort Worth City Council. ORDERED THIS the 24th day of March, 2020. ____________________________ Betsy Price Mayor City of Fort Worth Disaster Restrictions Effective March 24, 2020 11:59pm through April 3, 2020 Locations Restrictions Individuals living within City of Fort Worth Stay at their place of residence (includes hotels, motels, shared rentals and similar facilities) Must practice social distancing as reasonably as possible especially in shared or outdoor spaces May leave their residences for Essential Travel, Essential Activities, provide/perform Essential Governmental Functions, or operate Essential Businesses All businesses except Essential Businesses No occupancy permitted except for the following: a. Performing activities at their own residences (i.e. working from home); b. Operations necessary to maintain security, payroll, upkeep, and maintenance of premises, equipment or inventory, including but not limited to the care and maintenance of livestock or animals; c. IT or other operations that facilitate employees working from home; d. Facilitate online or call-in sales performed by employees in a store or facility closed to the public; e. In-store repair services performed by employees in a store or facility closed to the public. Social Distancing required Public or Private Gatherings occurring outside Prohibited a single household Food Establishments, liquor store, microbrewery, micro-distillery, or winery or In-house services - closed. Drive-in, drive-through, take out, and delivery is permitted. Practice social distancing and no more than ten non-employees in the establishment at one time. Worship Services Elective medical, procedures Closed for in-person services, provided that staff can attend to produce audio/video services Social Distancing required surgical, and dental Prohibited Nursing homes, retirement, and long-term care Prohibit non-essential visitors from accessing facilities their facilities unless to provide critical assistance or for end-of-life visitation Essential Businesses: Allowed to remain open 1. Essential Healthcare Operations. Social Distancing required Healthcare operations, including hospitals, clinics, dentists, pharmacies, Essential Businesses should implement pharmaceutical and biotechnology screening precautions to protect employees companies, other healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers, substance abuse service providers, blood banks, medical research, laboratory services, or any related and/or ancillary healthcare services. Home-based care for seniors, adults, or children and residential facilities and shelters for seniors, adults, and children are also considered healthcare operations. Healthcare operations also includes veterinary care and all health and welfare services provided to animals. This exemption shall be viewed broadly to avoid any impacts to the delivery of healthcare. 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. 2. Essential Government Functions. All services provided by local governments needed to ensure the continuing operation of the government agencies to provide for the health, safety and welfare of the public. 3. Essential Critical Infrastructure. Work necessary to the operations and maintenance of the 16 critical infrastructure sectors as identified by the National Cybersecurity and Infrastructure Agency (CISA) including public works construction, residential and commercial construction, airport operations, water, sewer, gas, electrical, oil refining, roads and highways, public transportation and other private transportation providers such as Uber and Lift that provide transportation services necessary for the performance of Essential Activities, Essential Businesses, essential infrastructure, or Essential Government Functions, solid waste collection and removal, internet, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services), financial institutions, defense and national security-related operations, and essential manufacturing operations. 4. Essential Retail. Food service providers, including grocery stores, warehouse stores, big-box stores, bodegas, gas stations, convenience stores, and farmers’ markets that sell food products and household staples, pet and feed stores. Food cultivation, including farming, fishing, and livestock. Businesses that are not open to the public that ship or deliver groceries, food, or other essential goods directly to residences. Liquor stores and Restaurants and other facilities that prepare and serve food, but only for delivery 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 does not apply to cafes and restaurants located within hospital and medical facilities. Laundromats, dry cleaners, and laundry service providers. Auto-supply, auto and bicycle repair, hardware stores, and related facilities. 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 are closed except for pick-up and room service. 5. Providers of Necessities to Economically 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. 6. Essential Services Necessary to Maintain Essential Operations of Residences or Other Essential Businesses. Trash and recycling collection, processing and disposal, mail and shipping services, building cleaning, maintenance and security, auto repair, warehouse/distribution and fulfillment, storage for essential businesses. Plumbers, pool services, 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. Businesses that supply other Essential Businesses with support or supplies needed to operate. 7. News Media. Newspapers, television, radio, and other media services. 8. Financial Institutions. Banks and related financial institutions, consumer lenders, sales and finance lenders, credit unions, appraisers, and title companies. 9. 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. 10. Childcare Services. Childcare facilities providing services that enable employees who perform Essential Activities or work for an Essential Business to work as permitted. 11. 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 health care services or other Essential Business services. 12. Construction. Construction under a valid permit issued by a governmental entity. 13. Funeral Services. Funeral homes, crematoriums and cemeteries may operate but no more than ten non-employees may be present at the same time. 14. Worship Services. No in-person worship services are permitted. Needed staff can attend to produce audio/video services for transmission. 15. Moving Supply Services. Businesses that provide residential and/or commercial moving services and necessary moving supplies. Essential Activities: Individuals may leave their home to perform 1. To engage in activities or perform tasks Essential Activities essential to their health and safety, or to the Must practice social distancing 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). 2. 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. 3. To engage in outdoor activity (for example, walking, biking, hiking, golfing, or running). 4. To perform work providing essential products and services at an Essential Business, to otherwise carry out activities directly related to government or health care response to the COVID-19 pandemic, or to perform any other activities specifically permitted in this declaration. 5. To care for a family member or pet in another household. Essential Travel: 1. Any travel related to the provision of or access to Essential Activities, Essential Governmental Functions, and Essential Businesses; 2. Travel to care for elderly, minors, dependents, persons with disabilities, or other vulnerable persons; 3. Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, and any other related services; 4. Travel to return to a place of residence from outside the jurisdiction; 5. Travel required by law enforcement or court order; 6. Travel by church staff/clergy for the purpose of production of remote delivery of 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. Individuals may only travel as permitted herein. Individuals, to the greatest extent possible, should maintain social distancing of at least 6 feet when traveling. religious services and other ministries requiring travel; 7. Travel related to attending a funeral service; or 8. 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. CITY OF FORT WORTH RECOMMENDATIONS FOR MITIGATING THE SPREAD OF COVID-19 The City of Fort Worth strongly recommends the following: (1) Cancel all nonessential gatherings and meetings. (2) Create smaller groups for essential meetings, and consider holding video/audio meetings instead. (3) For individuals at increased risk, meaning sixty-five years of age and above, those with compromised immune system, or those with underlying conditions: a. remain indoors; b. outdoor exercise should be solitary; c. prescreen all essential visitors to nursing homes, senior living facilities; d. vulnerable populations should not visit houses with more than one person; e. all visitors to vulnerable populations should wear a mask; f. exercise the 6 foot rule; g. do not use public transport except in an emergency. (4) For operators that remain open, provide ways for patrons to maintain safe social distancing, for example, maintaining 6 feet of separation between individuals; have hand washing capabilities, hand sanitizers and tissues available; and frequently cleaning high touch surface areas like counter tops, hand rails, and door knobs. (5) For workplaces, promote telecommuting; ensure employees do not work while sick; do not require a doctor’s note for employees who are sick; maximize flexibility in sick leave benefits; and minimize the number of employees working within arm’s length of one another. (6) For grocery stores and pharmacies, increase the use and capability of drive-thru, curbside, or delivery services; limit or restrict the number of customers permitted in a store at one time; minimize the number of employees working within arm’s length of one another; provide handwashing capabilities, hand sanitizers, and tissues; and frequently clean hightouch surface areas like countertops, doorknobs, and handrails. (7) Determine ways to consider providing support services, including meals, to individuals at increased risk of severe illness while limiting group settings and exposures. (8) Minimize all nonessential travel.