(a) All individuals age nine and over within the City of Westover shall wear an adequate face covering when in confined, indoor spaces, other than when in one’s residence or when actively engaged in the consumption of food and/or beverage, and when not able to adequately social distance from other individuals who do not reside in the same household. The requirement of this section shall be construed in a manner consistent with the requirements of Executive Order 50-20 issued by the Governor of the State of West Virginia issued July 6, 2020, except as otherwise expressly provided herein.
(b) The following individuals are exempt from the requirement to wear adequate face coverings:
(1) Persons younger than nine years old. Very young children under age two must not wear a face covering because of the risk of suffocation.
(2) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for who wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance.
(3) Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication.
(4) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines.
(5) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service.
(6) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided that they are able to maintain a distance of at least six feet away from persons who are not members of the same household or residence.
(c) Definitions. The following terms shall have the meanings given for purposes of this code entitled “ADEQUATE FACE COVERING REQUIRED”:
(1) “Face Covering” means any material or device worn so that it fully covers the nose and mouth including cloth masks, bandanas or handkerchiefs, face shields, and dust masks.
(2) “Adequate social distance” means maintaining physical separation of at least six feet between oneself and any other person.
(d) Penalty. Any violation of this Code shall be deemed a public nuisance subject to summary abatement by the Mayor/Chief of Police or other law enforcement officer. In addition, any violation shall be a misdemeanor punishable by a fine of no less than twenty-five dollars ($25.000) and no more than five hundred dollars ($500.00). Each day a violation continues shall constitute a separate violation. (Ord. 488. Passed 8-17-20.)