28 MAR 2020 · SOURCE: https://www.woodlandsonline.com/cnt/files/Robert/MCTX_Occupancy_Order_20200327.pdf
NOW THEREFORE, I, COUNTY JUDGE FOR MONTGOMERY COUNTY, TEXAS, PURSUANT TO THE AUTHORITY VESTED BY TEXAS GOVERNMENT CODE CHAPTER 418, HEREBY FIND AND ORDER:
e
:
1. Effective as of 11:59 p.m. on March 27, 2020, and continuing until 11:59 p.m. on April 12,
2020:
a. All individuals currently living within Montgoinery County are ordered to stay at
their place of residence except for Essential Activities as defined in this order. All persons may leave their Residences only for Essential Activities, or to provide or perform Essential Government Functions, or to operate or work at an Essential Business, as defined in Section 2. For the purposes of this Order, Residences include homes, hotels, motels, shared rentals, RV parks, multi-family complexes, and their curtilage or similar facilities. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably possible maintain social distancing of at least six feet from any other person when they are outside their residence and its curtilage.
b.
A curfew will be in place throughout all of Montgomery County, starting at 11:59 p.m. every night and ending at 6:00 a.m. the next morning for all persons not performing Essential Government Functions, working for and traveling to or from an Essential Businesses, or seeking emergency medical care, and traveling through the county from one county to another, or as otlerwise as defined in Section 2. This curfew will begin at 11:59 p.in. on March 27, 2020 and continue as Ordered until the expiration of this Order including amendments.
c. All businesses operating with in Montgomery County, except Essential Businesses as
defined below in Section 2 and Attachment are required to cease all activities at facilities located within the County. For clarity, businesses may continue operations consisting exclusively of employees or contractors perforining activities at their own residences (i.e., working from home). Those employees associated with ongoing physical maintenance of non-essential businesses. To the greatest extent possible, all Essential Businesses shall comply with the Social Distancing Guidelines, including maintaining six-foot social distancing for both employees and the general public where possible.
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d. All public and 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 Order prohibits the gatherings of members of a household or living unit. Nothing in this Order affects court orders or agreements regarding child-related visitation or custody arrangements.
e. Individuals may go to public parks and open outdoor recreation areas. However,
public playgrounds may increase the spread of COVID-19 and, therefore, shall be closed. Biking, waterborne activities, hiking and any other outdoor recreation
activities not specifically listed shall be conducted in accordance with Social Distancing Guidelines, at all times.
Restaurants, bars, clubs, private clubs, micro-breweries, micro-distilleries, wineries, and other establishments that serve food and/or alcohol, shall cease serving food and/or alcohol, for consumption on the premises and may only serve food and/or alcohol by take out, delivery, or drive-through services as allowed by Texas law or in accordance with Executive Orders issued by the Governor of Texas or the County Judge.
g. Gyms, fitness centers, and other facilities that are used or intended to be used for any
type of training, martial arts, gymnastics, sports, or recreation shall close.
h. Hair and nail salons, spas, licensed massage businesses, tattoo parlors, cosmetic
businesses, barber shops, concert halls, live performance theaters, arenas, stadiums, movie theaters, game rooms, bowling alleys, arcades, indoor and outdoor flea markets, and swap meets, indoor malls, indoor shopping centers, and bingo halls
shall close.
Churches, synagogues, mosques or other places of worship may only provide worship services by video, audio, teleconference, and drive in. Faith leaders may minister and counsel in individual settings to include end of life counseling in a hospital or at the request of a Justice of the Peace or other Government Official, so long as social distancing protocols are followed. Religious institutions must limit in person staff to those necessary for the operations and physical maintenance of the institution and all individuals must follow the Social Distancing Guidelines, including the six-foot rule.
2. Definitions:
a. For purposes of this Order, individuals may leave their residence only to perform any
of the following “Essential Activities":
i. To engage in activities or perform task cssential to their health and safety, or
to the health and safety of their family or household members (for example, obtaining inedical supplies or medications, visiting a healthcare professional, or obtaining supplies needed to work froin home). So long as those activities are done within the provisions of Section 1 (b).
ii. 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 supplies, and any other household consumer products, supplies needed to work from home, and products necessary to maintain the safety, sanitation, and essential operation of residences). So long as those activities are done within the provisions of Section 1 (b).
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iii. To engage in outdoor activity, provided the individuals comply with social
distancing requirements of six feet (for example, walking, biking, hiking, running, or fishing). So long as those activities are done within the provisions of Section 1 (b).
iv. To perform work providing essential products and services at an Essential
Business or to otherwise carry out activities specifically permitted in this Order. Persons actively employed, working with, or providing services, to include, the delivery of goods for an Essential Business or Government Functions are exempt from the provisions of Section 1(b), while actively engaged in the performance of their duties.
v. To care for a family member or pet in your household or another household.
Persons actively performning functions under this provision are exempt from the provisions of Section 1 (b) while traveling to or from another household to perform the care needed.
b. For purposes of this Order, “Essential Businesses" include:
i. Essential Critical Infrastructure. Work necessary to the operations and
maintenance of the 16 critical infrastructure sectors identified by the U.S. Department of Homeland Security National Cybersecurity and Infrastructure Security Agency (CISA), provided that they carry out those services or that work in compliance with social distancing requirements of six feet to the extent possible. See Attachment (CISA's Guidance on Essential Critical Infrastructure Workforce). Essential Businesses providing essential infrastructure should implement screening precautions to protect employees and all activities shall be performed in compliance with social distancing guidelines where possible.
ii. Essential Government Functions. All services provided by local
governments and municipalities deemed essential by the presiding officer or designee, to include operations deemed essential by an elected official for their department located in Montgomery County as needed to ensure their continuing operations to provide for the health, safety and welfare of the public, including law enforcement, jail operations, court operations, fire services, emergency medical services, emergency management and other services necessary. Further, nothing in this Order shall prohibit any individual from performing “Essential Government Functions". All Essential Government Functions shall be performed in compliance with social distancing requirements of six feet to the extent possible.
iii. Essential Healthcare Operations. Healthcare operations, including
hospitals, clinics, dentist, pharmacies, chiropractors, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, mental health providers, substance abuse service providers, blood banks, medical research, laboratory services, or any related and/or ancillary
healthcare services. Home-based and residential-based care for seniors, adults, or children are also considered healthcare operations. Healthcare operations also include 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. Businesses that provide food, shelter and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals.
iv. Essential Retail. Food producers and service providers, including grocery
stores, warehouse stores, furniture suppliers, big box stores, bodegas, liquor stores, gas stations, and convenience stores, farmers' markets that sell food products and household staples. Retail outlets that sell pet food and pet products, including businesses that service pets for grooming or boarding. . Food cultivation, including farming, ranching, fishing, and livestock. Food production, including the production of canned goods, bottled beverages, and other grocery items. Businesses that ship or deliver groceries, food, goods, or services directly to residences. Restaurants and other facilities that prepare and serve food, but only for delivery, drive-thiru, carry-out.