(a) Definitions. “Facial Covering” means a covering of the nose, mouth and chin that is secured to the head with ties, straps, or loops over the ears or is simply wrapped around the lower face. A Facial Covering can be made of a variety of synthetic and natural fabrics, including cotton, silk, or linen. Ideally, a Facial Covering has two or more layers. A Facial Covering may be factory made, sewn by hand, or improvised from household items such as scrafs, bandanas, t-shirts, sweatshirts or towels. These Facial Coverings are not intended for use by healthcare providers in the care of patients. A face shield that covers the nose, mouth, and chin also meets the Facial Covering requirements of this section.
(b) Requirement For Facial Covering. Persons shall be required to wear facial coverings in indoor areas accessible to the public, including, but not limited to, the following circumstances:
(1) All customers must wear Facial Coverings when they are inside a retail business establishment, unless an exception set forth in subsection (e) applies to the customer.
(2) All customers in restaurants and bars must wear Facial Coverings when not seated at a table or a chair at a bar area, unless an exception set forth in subsection (e) applies to the customer.
(3) All customers and employees must wear Facial Coverings in office spaces open to the public in areas that are open to the public, unless an exception set forth in subsection (e) applies and the owner or lessor permits the customer to remain in the space without a mask. Employees are not required to wear a mask when alone in an office or personal workspace.
(c) Requirement for Facial Covering in Outdoor Areas. Persons shall be required to wear facial coverings when they are outdoors and are unable to consistently maintain a distance of six feet or more from individuals who are not members of their household.
(d) Requirement for Facial Covering While Engaging in Door to Door or Solicitation Activities. Persons engaging in door to door or any type of solicitation activities are required to wear a facial covering at all times when interacting with other persons.
(e) Exceptions. This section does not require Facial Coverings for, and a Facial Covering does not need to be worn by persons who:
(1) Should not wear a Facial Covering due to any medical or behavioral condition or disability, including, but not limited to, any person who has trouble breathing, is incapacitated, suffers from severe autism, or is otherwise unable to put on or remove the facial covering without assistance;
(2) Is actively eating or drinking;
(3) Is strenuously exercising;
(4) Is seeking to communicate with someone who is hearing-impaired in a way that requires the mouth to be visible;
(5) Is giving a speech for a broadcast or to an audience;
(6) Is temporarily removing his or her Facial Covering to secure government or medical services or for identification purposes;
(7) Is a child under the age of ten years old or is a minor child who cannot safely wear a Facial Covering; or
(8) Is engaged in employment or an activity for which facial coverings are prohibited by law or regulation or are inconsistent with industry standards.
(f) Anyone who declines to wear a Facial Covering for any reason is not exempt from the requirement to practice adequate social distancing, which consists of keeping a minimum of six feet between them and any other person outside of their household.
(g) Right to Refuse Service and Provision of Masks.
(1) Businesses who observe a violation of this section have the right to refuse service based upon the violation.
(2) Businesses are encouraged to make Facial Coverings available for customers upon request.
(h) Penalty and Enforcement Process.
(1) Violations of the within section constitute a minor misdemeanor and may be punishable with a fine of up to one hundred fifty dollars ($150.00). Enforcement of this section shall occur through the following process:
A. Initial warnings. Anyone observed violating this section by a law enforcement officer shall initially be issued a verbal warning.
B. Persons Failing to Comply After Receiving Warnings. Persons that refuse to comply after receiving a verbal warning from a law enforcement officer may be issued a written warning or minor misdemeanor citation for violation of this section.
(Ord. 16-2020. Passed 7-13-20.)