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   521.14 EXPANDED POLYSTYRENE BAN.
   (a)    As used in this section:
   "Disposable food service ware" means single-use disposable products used in the restaurant and food service industry for serving prepared food and includes, but is not limited to, plates, trays, cups, bowls, and hinged or lidded containers (clamshells). Disposable food ware does not include straws, utensils, drink lids, or ice chests.
   "Food service operation" means a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. As used in this section, "served" means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and "prepared" means any action that affects a food other than receiving or maintaining it at the temperature at which it was received.
   "Food service operation" includes a catering food service operation, food delivery sales operation, mobile food service operation, seasonal food service operation, temporary food service operation, and vending machine location.
   "National food service operation" means a food service operation that is a chain of franchise or corporate owned establishments located in more than one state.
   "Expanded polystyrene" means a thermoplastic petrochemical material made from a styrene monomer and expanded or blown using a gaseous agent.
   "Prepared Food" means food or beverages that are packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared on the premises. It does not include any raw, uncooked meat products or fruits or vegetables unless it can be consumed without further preparation; or prepackaged food that is delivered to the food service operation wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food service operation in the same container packaging.
   (b)   No national food service operation shall sell or otherwise provide prepared food in expanded polystyrene disposable food service ware on or after December 31, 2020. No food service operation shall sell or otherwise provide prepared food in expanded polystyrene foam disposable food service ware on or after December 31, 2021.
   (c)   Organizational Liability. Pursuant to Codified Ordinances Section 501.11, it is the intent to impose organizational liability for violation of this section committed by an officer, agent, or employee of a business or organization while acting on behalf of the business or organization and within the scope of the officer's, employee's or agent's office or employment.
   (d)   Violation of this section shall be a minor misdemeanor punishable by a fine of one hundred fifty dollars ($150.00) per violation.
(Ord. 3551. Passed 2-4-20.)
   521.15 FACE COVERING REQUIRED.
   (a)   All individuals within the City of Oxford shall wear a face covering over the individual's nose and mouth and chin in accordance with the following:
      (1)   When entering, exiting, or waiting in line to enter a place of business that is open to the public, and while inside a place of business as to the areas within the place of business that are accessible to, and are intended for the use of, the public:
         A.   For purposes of this section, "business" means any for-profit, non-profit, educational entities, or governmental entities (other than federal or state university) regardless of the nature of the service, the function it performs, or its corporate or entity structure.
"Place of business" means any facility, building, or structure operated by or for a business engaged in the sale or other transaction of any kind for anything of value in exchange for goods, commodities, services, or temporary lodging and that is open to the general public or by appointment, and includes, but is not limited to, grocery stores, retail stores, pharmacies, health care facilities, restaurants and bars (including outdoor seating for such facilities), hotels and motels (excluding the rented room or suite), gyms and similar facilities, and the local school district; but excluding religious facilities.
      (2)   When entering, exiting, or waiting in line to enter a City of Oxford operated building or facility that is open to the public, and while inside a City of Oxford operated building or facility as to the areas within such City of Oxford facility that are accessible to, and are intended for the use of, the public.
      (3)   In any public transportation such as a bus or other public transit vehicle, a taxi or ridesharing vehicle or any other vehicle for hire, or at a transit stop or waiting area for any public transportation.
      (4)   In any outdoor space or outdoor place where or when a person is unable to maintain or does not maintain physical separation of not less than six feet from others who are not members of their own household.
   (b)   All places of business shall require all employees that interact with the public to wear a face covering; and all places of business shall only sell or otherwise enter into any transaction of any kind for anything of value in exchange for goods, commodities, services, or provide temporary lodging to those who comply with this section. Any manager, owner, or person in charge of a place of business who fails or refuses to comply with this section may be in violation of this section.
   (c)   The requirement to wear a face covering through this section does not apply in the following situations:
      (1)   Any individual who cannot wear a face covering because of a medical condition, mental health condition or developmental disability, or who is unable to remove the face covering without assistance, and any individual who should not wear face coverings under the CDC guidance. An individual is not required to produce medical documentation of the condition or disability, provided an employer may require such documentation from an employee in accordance with state and federal law.
      (2)   Individuals under six years old.
      (3)   Restaurant and bar patrons while eating or drinking. If a patron is not seated at his or her table or at the bar, a face covering is required.
      (4)   In settings where it is not practicable or feasible to wear a face covering such as when receiving dental services, medical treatments, or while swimming.
      (5)   Walking or exercising outdoors so long as physical separation of not less than six feet is maintained, or while walking or exercising outdoors with other members of the same household.
      (6)   While actually engaged in exercising in a gym or other similar indoor facility so long as physical separation of not less than six feet is maintained and the individual wears a face covering at all times when not actually engaged in exercising.
      (7)   The individual is actively participating in athletic practice, scrimmage, or competition that is permitted under a separate Department of Health order.
      (8)   When an individual is in his or her work office, conference room, or other workspace not intended for use by the general public.
      (9)   When inside a personal or commercial vehicle either parked or moving that is not a vehicle described in subsection (a)(3).
      (10)   Individuals while acting in their official capacity as a public safety employee or emergency responder when wearing a face covering would interfere with or limit their ability to carry out their official duties or functions. These include peace officers, firefighters, and other public safety or emergency medical personnel that support public safety operations.
      (11)   Individuals complying with the directions of public safety employees or emergency responders as described in subsection (c)(9).
   (d)   For the purposes of this section, "face covering" means a piece of cloth, fabric, or other material that fully covers the mouth and nose and that is secured with ear straps or otherwise tied so as to prevent slipping. A face covering may be factory-made or may be handmade and improvised from household materials. Face coverings include, but are not limited to, bandanas, scarfs, medical masks, and cloth masks; and also include respirators, N95 masks or other personal protective equipment that provides a higher level of protection than a face covering defined in this Section. A face covering shall be worn so as to cover the mouth and nose in compliance with the CDC's guidance on wearing face coverings.
   (e)   A violation of this section shall be governed and processed by the provisions set forth in Chapter 507 of the Oxford Code of Codified Ordinances titled: Administrative Ticketing, Code Compliance and Hearing. Whoever violates this Ordinance is subject to a civil penalty in the amount of one hundred dollars ($100.00).
   (f)   For the reasons set forth in the preamble of Ordinance 3573, the Council declares this section to be an emergency measure which shall take effect at the earliest possible date permitted by law and shall remain in effect during the pendency of State of Ohio Executive Order 2020-01D. (Ord. 3573. Passed 7-14-20.)
   521.16 MASS GATHERINGS RESTRICTED.
   (a)   All individuals within the City of Oxford are prohibited from hosting, maintaining or participating in mass gatherings in accordance with the following:
      (1)   "Mass gatherings" for purposes of this section, means any social gathering, event or convening that brings together greater than ten (10) non-household persons at the same time, to include both indoor and outdoor gatherings.
      (2)   "Non-household" for purposes of this section, means any individuals who do not reside within the same housing unit or dwelling.
   (b)   The mandatory prohibition on mass gatherings through this section does not apply in the following situations:
      (1)   Normal operations at bus stops or hubs, medical facilities, libraries, shopping malls and centers, or other spaces where more than ten (10) persons may be in transit.
      (2)   Typical office environments.
      (3)   Schools and University classes or officially sanctioned functions.
      (4)   Factories, warehouses and distribution centers.
      (5)   Retail, grocery stores, restaurants and bars where large numbers of people are present, but it is unusual for them to be within arm's length of one another.
      (6)   Athletic and sporting events, including recreational and club sports.
      (7)   Notwithstanding this section, buildings and venues that traditionally host mass gatherings, whether indoors or outdoors, may continue to be used for sanctioned community events.
   (8)   This section does not apply to and/or excludes members of the media.
      (9)   This section does not apply to and/or excludes religious gatherings, gatherings for the purpose of the expression of First Amendment protected speech, weddings and funerals.
   (c)   Regardless of whether an event or gathering falls within the definition of mass gathering, all persons are urged to maintain social distancing (approximately six feet away from other people) whenever possible and to continue to wash hands, utilize hand sanitizer and practice proper respiratory etiquette (coughing into elbow, etc.)
   (d)   A violation of this section shall be governed and processed by the provisions set forth in Chapter 507 of the Oxford Code of Codified Ordinances titled: Police Civil Citations. Whoever violates this section is subject to a civil penalty in the amount of five hundred dollars ($500.00) for first time violations and one thousand dollars ($1,000.00) for any subsequent violations thereafter.
   (e)   For the reasons set forth in the preamble of Ordinance 3579, the Council declares this section to be an emergency measure which shall take effect at the earliest possible date permitted by law and shall remain in effect during the pendency of State of Ohio Executive Order 2020-01D. (Ord. 3579. Passed 8-18-20.)
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