082521 Press Release - Fourteenth Order of Council CITY FOR IMMEDIATE RELEASE
DENTON Ryan Adams • (940) 349-8565 • Ryan.Adamsgcityofdenton.com
Denton City Amends Order Regarding Masks
Fourteenth Order Provides Limited Exemptions, Clarifies Fitness Classes; Effective Aug. 25
DENTON, TX, Aug. 25, 2021—On Tuesday, Aug. 24, the Denton City Council adopted the
Fourteenth Order of Council pertaining to a Declaration of Local Disaster for Public Health
Emergency. The Order went into effect at 12:01 a.m. on Aug. 25, 2021 and will continue through
11:59 p.m. on Sept. 30. 2021. The Fourteenth Order amends and updates the Thirteenth Order,
previously adopted on Aug. 12.
In addition to requiring masks inside all City of Denton facilities, the new Order of Council
continues to require all childcare centers, schools, and commercial entities to develop a Health
and Safety Policy that requires visitors to wear a mask and further requires that the mask cover
their nose and mouth. The requirement of wearing a face mask does not apply if covering the
nose and mouth poses a significant mental or physical health risk to the individual.
Childcare Centers and Schools
All child care centers and Pre-K through 12 Public Schools operating in the City of Denton must
develop and implement a Health and Safety Policy. The Health and Safety Policy must require,
at a minimum, universal indoor masking that covers the nose and mouth for all teachers, staff,
students, and visitors to child care centers and pre-K through 12 schools, regardless of
vaccination status, except for children under 2 years of age.
Commercial Entities
All commercial entities in the City of Denton providing goods or services directly to the public
must develop and implement a Health and Safety Policy. The Health and Safety policy must
require, at a minimum, universal indoor masking that covers the nose and mouth for all
employees and visitors to the commercial entity's business premises or other facilities, except
that an individual who is alone, or in the presence of only members of the same household or
residence, in a separate room or single space that is not a common area, is not required
to wear a face mask.
City of Denton Facilities
From the date of this Order, all employees, contractors, and visitors when on the premises of a
building, offices, or recreation center owned or operated by the City of Denton are required to
wear a face mask that covers the nose and mouth, regardless of vaccination status. Like
commercial entities, masks are not required if the person is alone within a separate room or
single space that is not a common area.
The Order further clarifies that when all participants in fitness-based classes or programs are
unable to wear a mask, that class is to be relocated outdoors or cancelled.
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General Public
It is strongly urged that all people 2 years or older wear a face mask that covers the nose and
mouth when in public indoor space. No civil or criminal penalty will be imposed on individuals
for failure to wear a face mask.
Please note that face coverings are a secondary strategy to other mitigation efforts. Face
coverings are not a replacement for social distancing, frequent handwashing, testing after
exposure, vaccination, and for self-isolation when sick. All people should follow CDC
recommendations for how to wear and take off a face mask. Residents should keep up the
following habits while in public:
• Washing hands before you leave home and when you return,
• Staying at least six feet away from others,
• Avoiding touching nose or face,
• Not using disposable masks more than three times, and
• Washing reusable cloth masks regularly to prevent the spread of the virus
Requests for clarifications on the Order can be emailed to communications@cityofdenton.com.
A copy of the Order of Council is attached and will be available online at
www.cityofdenton.com. Visit www.cityofdenton.com/coronavirus for additional updates.
Media Contact: Ryan Adams, (940) 349-8565, Ryan.Adams@cityofdenton.com
Visit www.cityofdenton.com for more news and to stay updated.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME—RULE MUNICIPAL
CORPORATION, CONFIRMING THE EFFECTIVE PERIOD OF THE DECLARED STATE
OF LOCAL DISASTER RELATED TO THE COVID-19 EMERGENCY AS PROVIDED IN
ORDINANCE NO. 21-1290; ADOPTING A FOURTEENTH ORDER OF COUNCIL
SUPERSEDING AND REPLACING THE THIRTEENTH ORDER OF COUNCIL OF THE
CITY OF DENTON ISSUED AUGUST 12,2021 AND APPROVED BY ORDINANCE NO. 21-
1771, TO PROVIDE ADDITONAL REQUIREMENTS AND GUIDANCE; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS-
CoV2 which causes the disease COVID-19, has spread throughout the world and has now been
declared a global pandemic by the World Health Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath,
and in some cases the virus has caused death; and
WHEREAS, the number of known cases of COVID-19 diagnosed in the State of Texas
presents a hazard to public health; and
WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its
spread throughout the City of Denton and Denton County; and
WHEREAS, on March 13, 2020, the Mayor executed a"Declaration of Local Disaster for
Public Health Emergency" and an "Order of the Mayor of the City of Denton" pursuant to the
Declaration; and
WHEREAS, finding it in the best interest of the citizens of Denton, on March 17, 2020,
the City Council, through Ordinance No. 20-721, extended the Declaration of Emergency through
April 30,2020 and issued an Order of the Council of the City of Denton including the authorization
to expend no more than Five Hundred Fifty Thousand Dollars ($550,000.00) during this period to
proceed with the necessary emergency responses and essential functions not already budgeted;and
WHEREAS, City of Denton Code of Ordinances Section 9-54(b)provides for penalties for
violation of proclamations of emergency and any rule,regulation, or order issued pursuant to such
proclamation and Chapter 9 of the City of Denton Code of Ordinances; and
WHEREAS, information about COVID-19 continued to evolve and measures were taken
to respond to the latest information available; and
WHEREAS, following updated information on the spread of COVID-19, the City Council
amended the Order of Council on March 20, 2020; and
WHEREAS,as COVID-19 continued to spread throughout the City and County of Denton,
the Mayor issued a Second Declaration of Local Disaster on March 24,2020, and an"Order of the
Mayor of the City of Denton" pursuant to the Second Declaration, extending measures in an
attempt to slow the spread of the disease; and
Page 1 of 5
WHEREAS, Governor Greg Abbott issued Executive Order GA-14 on March 31, 2020,
further limiting public gatherings and defining which"essential services"were to continue during
the declared state-wide emergency; and
WHEREAS, GA-14 expressly preempted local ordinances, declarations, and orders in
conflict with it; and
WHEREAS, in compliance and to be consistent with GA-14, the City Council passed a
Second Order of Council on April 6, 2020, superseding and replacing the prior orders of Council;
and
WHEREAS, Governor Abbott issued Executive Order GA-16 on April 17, 2020,
superseding GA-14, allowing retail stores to reopen under certain conditions and using certain
procedures; and
WHEREAS, on April 27, 2020, Governor Abbott issued Executive Order GA-18, further
ordering that people minimize social gatherings and in-person contact with people not in the same
household except where necessary to obtain essential or reopened services, and still expressly
preempting local ordinances, declarations, and orders in conflict with his orders; and
WHEREAS, on April 28, 2020, Denton County issued a new Disaster Declaration and
Executive Order of the Denton County Commissioners Court, which extended the emergency
declaration through May 15, 2020 and incorporated the provisions of GA-18 and the social
distancing guidelines promulgated by the Centers for Disease Control; and
WHEREAS, on April 30, 2020, the City Council in compliance and to be consistent with
the Governor's Executive Orders and the County Orders, extended the effectiveness of the
Declaration of Local Disaster until 11:59 p.m. May 31, 2020 and thereafter as any subsequent
proclamation renews the Texas Governor's disaster proclamation; and
WHEREAS, on May 5, 2020,the City Council in compliance and to be consistent with the
Governor's Executive Orders and the County Orders,extended the effectiveness of the Declaration
of Local Disaster until 11:59 p.m. May 31, 2020; and
WHEREAS, on May 29, 2020, the City Council in compliance with and to be consistent
with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until
11:59 p.m. June 30, 2020; and
WHEREAS, on June 3, 2020, Governor Abbott issued Executive Order GA-26, ordering
that people should not be in groups larger than ten and should maintain a distance of six feet of
social distancing from those not in their group, and still expressly preempting local ordinances,
declarations, and orders in conflict with his orders; and
WHEREAS, on June 23, 2020, Governor Abbott amended Executive Order GA-26,
permitting county judges and mayors to place additional restrictions on outdoor gatherings
estimated to consist of 100 people or more; and
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WHEREAS, on June 23, 2020, the City Council in compliance with and to be consistent
with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until
11:59 p.m. August 31, 2020; and
WHEREAS, Governor Abbott indicated that local governments may require businesses to
develop Health and Safety policies; and
WHEREAS, on June 26, 2020, Governor Abbott issued Executive Order GA-28, ordering
that certain businesses return to 50 percent of occupancy limits and prohibiting certain gatherings
and visiting bars; and
WHEREAS, on July 2, 2020, Governor Abbott issued Executive Order GA-29, ordering
face coverings and providing for a penalty for violation of his order and amending Executive Order
GA-28 allowing for penalties; and
WHEREAS,also on July 2,2020,Governor Abbott further amended Executive Order GA-
28 to limit gatherings to 10 people; and
WHEREAS,on August 25,2020,the City Council,in compliance with and to be consistent
with the Governor's Orders, extended the effectiveness of the Declaration of Local Disaster until
11:59 p.m. September 30, 2020; and
WHEREAS, on September 17, 2020, Governor Abbott issued Executive Order GA-30,
amending and superseded GA-28; and
WHEREAS, also on September 17, 2020, Governor Abbott issued Executive Order GA-
31, amending and superseding GA-19; and
WHEREAS, on September 22, 2020, the City Council, in compliance with and to be
consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local
Disaster until December 31, 2020; and
WHEREAS, on October 7, 2020, Governor Abbott issued Executive Order GA-32,
superseding GA-30; and
WHEREAS, on December 17, 2020, the City Council, in compliance with and to be
consistent with the Governor's Orders, extended the effectiveness of the Declaration of Local
Disaster until March 31, 2021; and
WHEREAS, on March 2, 2021, Governor Abbott issued Executive Order GA-34,
superseding GA-17, GA-25, GA-29, GA-31, and GA-32; and
WHEREAS, on April 5, 2021, Governor Abbott issued Executive Order GA-35 and on
May 18, 2021 Governor Abbott issued GA-36, and on July 29, 2021 Governor Abbott issued GA-
38; and
WHEREAS, Governor Abbott has renewed the disaster declaration for the State of Texas
every 30 days, most recently on July 30, 2021; and
Page 3 of 5
WHEREAS, Texas lags behind most states in vaccinations and has among the highest total
number of cases of coronavirus transmission in the country; the pandemic is an imminent threat to
public safety due to the surge of a more transmissible and more dangerous variant of the virus
known as the Delta Variant; and as the Delta Variant surges, Denton faces climbing cases and
hospitals are reaching dangerous capacity issues that threaten lives; and schools within Denton
started back in class on August 12, 2021, and young children, who are increasingly at risk to the
Delta Variant and who are ineligible for any of the vaccines, will be indoors; and
WHEREAS, the City Council finds that it is in the best interest of the citizens of the City
of Denton to confirm the Declaration of Local Disaster through September 2021 and to adopt a
Fourteenth Order of Council to provide additional requirements and guidance; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The facts, circumstances, and recitations contained in the preamble of this
Ordinance are found and declared to be true and correct, and are incorporated herein by reference
as if fully set out herein.
SECTION 2. Pursuant to Section 418.108, Texas Government Code, and Section 9-27,
City of Denton Code of Ordinances, Council confirms the effective period of Declaration of Local
Disaster executed by the Mayor on March 13, 2020 until 11:59 p.m. on September 30, 2021 in the
interest of public health and safety in an attempt to prevent the spread of COVID-19,unless further
extended,revised, or terminated by law.
SECTION 3. The Council hereby adopts the Fourteenth Order of Council, dated August
24,2021, attached hereto as Exhibit"A" This Ordinance and the Order of Council attached hereto
as Exhibit "A" supersede and replace the Thirteenth Order of Council passed August 12, 2021
through Ordinance 21-1771, and to the extent the prior Orders of Council conflict with the
Fourteenth Order of Council herein passed,they are repealed.
SECTION 4. If any section, article, paragraph, sentence, phrase, clause, or word in this
Ordinance, the Fourteenth Order of Council, or application thereof to any persons or
circumstances,is held invalid or unconstitutional by a court of competent jurisdiction,such holding
shall not affect the validity of the remaining portions of this Ordinance or the Fourteenth Order of
Council; the City Council declares that it would have ordained such remaining portion of this
Ordinance and the Fourteenth Order of Council despite such invalidity,and such remaining portion
of this Ordinance and the Fourteenth Order of Council shall remain in full force and effect.
SECTION 5. This Ordinance shall become effective at immediately.
The motion to approve this Ordinance was made by and seconded by
the Ordinance was passed and approved by the following vote [ -
Page 4 of 5
Aye Na y Abstain Absent
Gerard Hudspeth,Mayor:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis,District 3:
Alison Maguire, District 4:
Deb Armintor,At Large Place 5:
Paul Meltzer,At Large Place 6:
PASSED AND APPROVED this the day of 12021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
,S DN:do—c—,ed by Catherine Clifton
DN do=com dc=cibotdenton,dc=codad,
cu Department Users and Groups,
o=General Government,ou=Legal,
n=Catherine Clihon,
mail=Catherine.Clifton@cityofdenton.com
BY: Date:2021.08.2508:43:20-05'00'
Page 5 of 5
EXHIBIT A
CITY
OF
DENTON FOURTEENTH ORDER OF THE COUNCIL
OF THE CITY OF DENTON
DATE ISSUED: AUGUST 24, 2021
Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted
through person to person contact, especially in group settings, and it is essential that the spread of
the virus be slowed. As the number of positive cases of COVID-19 continue to present a public
health concern in the City of Denton, there is an immediate need to undertake the following
measures described in this Order.
PURSUANT TO THE PRIOR DECLARATION CONFIRMED BY COUNCIL ON
AUGUST 24, 2021 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE
OF ORDINANCES AND SECTION 418.108 OF THE TEXAS GOVERNMENT CODE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDERS:
This Order pertaining to a Declaration of Local Disaster for Public Health Emergency shall take
effect at 12:01 a.m. on August 25, 2021 and continue through 11:59 p.m. on September 30, 2021.
I. Health and Safety Policy—Pre-K Through 12 Public Schools and Child Care Centers.
From the date of this Order, all child care centers and Pre-K through 12 Public Schools operating
in the City of Denton must develop and implement a health and safety policy("Health and Safety
Policy"). The Health and Safety Policy must require,at a minimum,universal indoor masking that
covers the nose and mouth for all teachers, staff, students, and visitors to child care centers and
pre-K through 12 schools, regardless of vaccination status, except for children under 2 years of
age. The Health and Safety Policy required to be developed and implemented by this Order may
also include the implementation of other mitigating measures recommended by the CDC to control
and reduce the transmission of COVID-19, such as maintaining at least 3 feet of physical distance
between students within classrooms. The requirement of wearing a face mask does not apply if
covering the nose and mouth poses a significant mental or physical health risk to the individual.
II. Health and Safety Policy — Commercial Entities. From the date of this Order, all
commercial entities in the City of Denton providing goods or services directly to the public must
develop and implement a health and safety policy ("Health and Safety Policy"). The Health and
Safety policy must require, at a minimum, universal indoor masking that covers the nose and
mouth for all employees and visitors to the commercial entity's business premises or other
facilities, except that an individual who is alone, or in the presence of only members of the same
household or residence,in a separate room or single space that is not a common area,is not required
to wear a face mask. The Health and Safety Policy required to be developed and implemented by
this Executive Order 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. Commercial entities must post the Health and Safety Policy required by this Order in
a conspicuous location sufficient to provide notice to employees and visitors of all health and
safety requirements. Failure to develop and implement the Health and Safety Policy required by
this Order within three (3) calendar days following the Effective Date may result in a fine not to
exceed$1,000 for each violation. Any peace officer or other person with lawful authority is hereby
authorized to enforce the provisions of this Order in accordance with the authority granted under
the Texas Disaster Act of 1975. The requirement of wearing a face mask does not apply if covering
the nose and mouth poses a significant mental or physical health risk to the individual.
III. Face Coverings Required — City of Denton Buildings. From the date of this Order, all
employees, contractors, and visitors when on the premises of a building, offices, or recreation
center owned or operated by the City of Denton are required to wear a face mask that covers the
nose and mouth, regardless of vaccination status. Any fitness-based classes where the wearing of
masks by all participants cannot be achieved will be relocated outdoors or cancelled. Any person
who is unable to attend classes at a recreation center due to this order will be refunded the
remaining value of such membership or enrollment upon request. An individual who is alone, or
in the presence of only members of the same household or residence, in a separate room or single
space that is not a common area, is not required to wear a face mask. The requirement of wearing
a face mask does not apply if covering the nose and mouth poses a significant mental or physical
health risk to the individual.
IV. Face Coverings Strongly Urged— General Public. It is strongly urged that all people 2
years or older wear a face mask that covers the nose and mouth when in public indoor space. No
civil or criminal penalty will be imposed on individuals for failure to wear a face mask.
Please note that face coverings are a secondary strategy to other mitigation efforts. Face coverings are not
a replacement for social distancing, frequent handwashing, testing after exposure, vaccination, and
for self-isolation when sick. All people should follow CDC recommendations for how to wear and take
off a face mask. Residents should keep up the following habits while in public:
• washing hands before you leave home and when you return,
• staying at least six feet away from others,
• avoiding touching nose or face,
• not using disposable masks more than three times, and
• washing reusable cloth masks regularly to prevent the spread of the virus.
IT IS SO ORDERED PURSUANT TO ORDINANCE NO.
Mayor Gerard Hudspeth
City of Denton
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