Mayors issue new mask order

Early this afternoon the mayors of Liberty, Dayton and Cleveland signed an executive order requiring that local businesses post and implement health and safety policies in keeping with the governor’s July 2 order and continuing until rescinded.

Facial coverings are to be worn in businesses and buildings open to the public, with a few exceptions.

Below is the substance portion of today’s order:

NOW, THEREFORE, WE, MAYOR CARL PICKETT FOR THE CITY OF LIBERTY, TEXAS, MAYOR CAROLINE WADZECK FOR THE CITY OF DAYTON, TEXAS, AND MAYOR RICHARD BOYETT FOR THE CITY OF CLEVELAND, TEXAS, PURSUANT TO THE AUTHORITY VESTED BY TEXAS GOVERNMENT CODE CHAPTER 418, HEREBY FIND AND ORDER THAT:

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

SECTION 2. Effective as of 12:00 a.m. on July 23, 2020 (the “Effective Date”), and continuing until modified, amended, rescinded, or superseded, the Mayors of the Cities of Liberty, Dayton and Cleveland, Texas, deem it in the public interest to order that:

Mandatory Health and Safety Policy for Commercial Entities. From the Effective Date of this Order, all commercial entities in the Cities that provide goods and services directly to the public must develop and implement a health and safety policy (“Policy”). The Policy must require, at a minimum, that all employees, customers, vendors and visitors, ten (l0) years of age or older, wear face coverings over the nose and mouth when accessing areas of the commercial entity’s premises that involve close contact or proximity to employees or members of the public, where six feet of separation is not feasible. Face coverings required by this Order may include, but are not limited to, face shields, surgical masks, industrial masks, homemade masks, scarfs, bandanas, or handkerchiefs. The Policy required to be developed and implemented by this Order may include implementation of additional measures designed to control and reduce the transmission of COVID-19.

Commercial entities must post the Policy required by this Order in a conspicuous location sufficient to provide notice to employees, customers, vendors, and visitors of all health and safety requirements,

A commercial entity which posts and implements the sample Commercial EntityHealth and Safety Policy attached to this Order as Exhibit “B” and incorporated herein shall be determined to be in compliance with this Order.

Failure of a commercial entity to develop, post and implement the Policy required by this Order by l2:00 a.m. on July 21, 2020 may result in a fine, not to exceed $500.00 for each violation.

Consistent with Executive Order GA-29 issued by Governor Greg Abbott on July 2, 2020, individuals greater than ten (10) years of age are generally required to use face coverings when in public as set forth in Executive Order GA-29, A copy of Governor Abbott’s Order is attached as Exhibit “A” hereto.

SECTION 3. The Cities must promptly provide notice of this Order to the public by posting on the website for each City and filing a copy of this Order with the City Secretary for each City. 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 of the remaining portions or applications of this Order.

SECTION 4. In accordance with the limitations set forth in the Executive Orders of Governor Greg Abbott, any law enforcement agency with jurisdiction in the Cities are hereby authorized to enforce this Order by the authority granted under Section 418.173 of theTexas Government Code.

FAILURE TO COMPLY WITH ANY OF THE PROVISIONS OF THIS ORDER CONSTITUTES AN IMMINENT THREAT TO PUBLIC HEALTH.

[The order is then signed by City of Liberty Mayor Carl Pickett, City of Dayton Mayor Caroline Wadzeck, and City of Cleveland Mayor Richard Boyett].

Below is a model of the policy to be posted by businesses, refered to above as Exhibit "B."