(a) No person shall operate a taxicab or public hack, as defined in Section 443.011, a private car service, a ride sharing, vehicle, or any other motor vehicle for hire, as defined in Section 401.30, (collectively "For Hire Vehicle") to transport any individuals unless all individuals contained therein have a facial covering, as defined in Section 602.01.
(b) Division (a) of this section does not apply to any person who is exempted under division (c) of Section 602.02.
(c) Any person who violates division (a) of this section as an operator shall be subject to a civil penalty of twenty-five dollars ($25.00) for each individual passenger failing to wear a facial covering, unless exempted as stated in division (b).
(d) A civil penalty imposed under division (c) of this section may be appealed to the Directors of Public Safety and Public Health ("Directors"), or their designees, within ten (10) days after receipt of the civil penalty. The Directors shall grant the appeal or conduct a hearing, which may be virtual, within thirty (30) days. The Directors shall have jurisdiction to affirm or reverse the civil penalty. A person aggrieved by a final decision of the Directors may further appeal to the Board of Zoning Appeals within thirty (30) days after the Directors' written decision.
(e) Notwithstanding any provision of the law to the contrary, no law enforcement officer shall cause an operator of a for hire vehicle being operated on any street or highway to stop the vehicle for the sole purpose of determining whether a violation of division (a) of this section has been or is being committed or for the sole purpose of issuing a citation for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any for hire vehicle being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.
(f) The civil penalties prescribed in this section are in addition to any rights, remedies, or other penalties provided by law.
(g) This Section 437.30 shall expire upon the termination of the Mayor's Proclamation of Civil Emergency in the City of Cleveland dated March 11, 2020, as amended.
(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)