CHAPTER 602 – FACIAL COVERINGS AND SOCIAL DISTANCING DURING THE COVID-19 PANDEMIC

602.01   Definitions

602.02   Facial Coverings

602.03   Civil Penalties and Enforcement

602.04   Appeals

603.05   Severability

603.06   Expiration

Cross-reference:
   Passenger facial coverings in vehicles for hire during the COVID-19 pandemic, CO 437.30
   Requirements to implement Dine Safe Ohio order, CO Ch. 236
   Sanitization after COVID-19 positive employee, CO Ch. 238

§ 602.01 Definitions

   As used in this Chapter:

   (a)   "Facial covering" means any material covering an individual's nose, mouth and chin.

   (b)   "Household" means those persons who reside in the same home and includes family members, foster children and legal wards even if they do not live in the household and does not include persons sharing the same general house, when the living style is primarily that of a dormitory or commune.

   (c)   "Covered businesses" include any for-profit, non-profit, educational entities, or government entities (other than federal) regardless of the nature of service, the function it performs, or its corporate or entity structure and does not include schools, as defined in division (e) of this section, or jails or prison facilities.

   (d)   "Family" means one (1) or more persons related by blood, adoption or marriage, or a family foster home, living and cooking together as a single housekeeping unit, exclusive of house-hold servants. A number of persons, but not exceeding three (3) living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a family. A family foster home shall mean a family related by blood, adoption or marriage as defined above with no more than five (5) foster children.

   (e)   "Schools" mean any public, private, or charter school or institution that offer kindergarten through grade twelve instruction that should follow the guidelines set forth by the Ohio Department of Education and the Ohio Department of Health.

(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)

§ 602.02 Facial Coverings

   (a)   Unless otherwise exempted under division (c) of this section, no person in the City of Cleveland shall fail to wear a facial covering at all times when doing any of the following:

      (1)   Being in any indoor location that is not a residence;

      (2)   Being outdoors and unable to consistently maintain a distance of six (6) feet or more from individuals who are not members of their household; or

      (3)   Waiting for, riding, driving, or operating 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.

   (b)   Division (a)(3) of this section does not apply to either private or rental vehicles where members of a family are sharing a vehicle or vehicles engaged in direct travel through the City of Cleveland that do not stop in the city.

   (c)   The facial covering requirements set forth in division (a) above shall not apply to any of the following:

      (1)   The individual is under ten (10) years of age;

      (2)   The individual states he or she has a medical condition, including those with respiratory conditions that restrict breathing, mental health conditions, or a disability that contraindicates the wearing of a facial covering;

      (3)   The individual is communicating or seeking to communicate with someone who is hearing-impaired or has another disability, where the ability to see the mouth is essential for communication;

      (4)   The individual is alone in an enclosed space, such as an office, and which space is not intended for use or access by the public;

      (5)   The individual is actively engaged in exercise in a gym or indoor facility so long as six (6) or more feet of separation between individuals exists;

      (6)   The individual is actively participating in athletic practice, scrimmage, or competition that is permitted under a separate Ohio Department of Health order;

      (7)   The individual is actively engaged in a public safety capacity, including but not limited to law enforcement, firefighters, or emergency medical personnel;

      (8)   The individual is seated and actively consuming food or beverage in a restaurant or bar;

      (9)   The individual is actively participating in broadcast communications;

      (10)   The individual is an officiant of a religious service;

      (11)   When facial coverings are prohibited by law or regulation;

      (12)   When facial coverings are in violation of documented industry standards; or

      (13)   When facial coverings are in violation of a business's documented safety policies.

(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)

§ 602.03 Civil Penalties and Enforcement

   (a)   Any person who violates any provision of Section 602.02 shall be issued a warning, and, if a person fails to comply with the warning shall be subject to a civil penalty of twenty-five dollars ($25.00) for each offense.

   (b)   The civil penalties prescribed in this section are in addition to any rights, remedies, or other penalties provided by law.

   (c)   In addition to Cleveland Police Officers, this chapter may be enforced by the Director of Public Health, the Director of Public Safety, or the Commissioner of Environmental Health, and any other officer or employee designated by them.

(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)