ORDINANCE NO. 20-48

AN ORDINANCE IMPLEMENTING A REQUIREMENT TO WEAR FACE COVERINGS IN ANY PUBLIC SPACE TO LIMIT THE SPREAD OF COVID-19, AND DECLARING THIS ORDINANCE AN EMERGENCY MEASURE.

Sponsored By: Hock

WHEREAS,    COVID-19 is a respiratory disease that can result in serious illness or death and can be easily spread from person to person; and,

WHEREAS,    on March 9, 2020, the Ohio Department of Health announced confirmed cases of COVID-19 in the State of Ohio, creating a dangerous condition that may affect the health, safety, and welfare of the citizens of Ohio; and,

WHEREAS,    on that same date, Governor Mike DeWine declared a “State of Emergency” for the entire State to protect the well-being of the citizens of Ohio from the dangerous effects of COVID-19 and to assist in protecting the lives, safety, and health of the citizens of Ohio; and,

WHEREAS,    on March 12, Mayor Samuel Cramblit declared a “State of Emergency” for the City to protect the well-being of the citizens of Ironton from the dangerous effects of COVID-19 and to assist in protecting the lives, safety, and health of the citizens of Ironton and put measures in place to mitigate the spread and effects of the virus, and;

WHEREAS,    the Center of Disease Control and Prevention (CDC) reports that people are most contagious when they are most symptomatic (the sickest); however, spread is possible before an individual may show symptoms, and some individuals can have the virus and be asymptomatic; and,

WHEREAS,    on March 22, 2020, under the direction of Ohio Governor, Mike DeWine, Ohio Department of Health Director, Amy Acton, M.D., issued an order requiring all Ohioans to stay in their homes to prevent the further spread of COVID-19 until April 6, 2020. The order was then extended until May 1, 2020, and on April 30, 2020, the Ohio Department of Health issued the Stay Safe Ohio Order that reopened businesses, with exceptions, and continued to stay healthy and safe at home order; and,

WHEREAS,    as businesses have re-opened, more people are traveling throughout the state and within the City of Ironton; and,

WHEREAS,    a statewide “State of Emergency” continues to exist with limits on mass gatherings and recommendations of social distancing; and,

WHEREAS,    as a result of the above-described emergency, there is a continuing need to protect all citizens and guests of the City of Ironton from the risks relating to the COVID-10 pandemic; and,

WHEREAS,    the CDC recommends wearing face coverings in public where other physical distancing measures are difficult to maintain to help prevent the spread of COVID-19 from asymptomatic or unknowing carries to other; and,

WHEREAS,    on July 8, 2020, the (CDC) reported 2,982,900 cases of COVID-19 in the United States, resulting in over 131,065 deaths; and,

WHEREAS,    the Lawrence County Health Director, Georgia Dillon, supports this ordinance as best practice intervention to attempt to control the spread of COVID-19; and,

WHEREAS,    requiring face coverings to be worn by any person in a public place within the City of Ironton best promotes health, safety, and efforts to limits the spread of COVID-19, while enabling the continuation of essential services, businesses, education, and travel necessary to protect public health and safety and for the continuity of social and commercial life during the statewide “State of Emergency;” and,

WHEREAS,    after weighing the knowing information about the COVID-19 virus, consulting with the Lawrence County Health Department, and considering the guidance from the Ohio Department of Health, City Council concludes that the safety of the City of Ironton’s citizens is best protected by implementing a requirement to wear face coverings in public as set forth herein.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF IRONTON, OHIO:

SECTION I:              That effective immediately, all individuals within the city of Ironton shall wear a face covering over the individual’s nose, 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 public.
  2. When entering, exiting, or waiting in line to enter a City of Ironton operated building or facility that is open to the public and while inside a City of Ironton operating building or facility as to the areas within such City of Ironton 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, 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.

SECTION II:             The requirement to wear a face covering through this Ordinance 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; however, an employer may require such documentation from an employee in accordance with state and federal law.
  2. Children under 10 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. School and child care center individuals (including students, administrators, and teachers) on or in school, school district, or child care center facilities, so that those entities may follow the regulations and guidelines promulgated by their governing bodies and the Ohio Department of Education. For this Ordinance, “child care centers, school or school districts,” means any public, private, or charter center, school, or institution that provides education or supervision for children of any age from birth up to and including all of the following grades or education levels: kindergarten through twelfth grade or a university, college, or similar post-secondary institution.
  5. 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.
  6. 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.
  7. 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.
  8. When individuals are alone or able to maintain a physical separation of not less than six feet in their work office, conference room, or other workspaces 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 Section I (c).
  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 Section II (j).
  12. An individual completing a task who would be out of compliance with industry safety standards like NEC, OSHA, NFPA, etc.

DEFINITIONS:        “FACE COVERINGS” MEANS A PIECE OF TIGHTLY WOVEN CLOTH, FABRIC, OR OTHER MATERIAL THAT FULLY COVERS THE MOUTH, NOSE, AND CHIN AND THAT IS SECURED WITH EAR STRAPS OR OTHERWISE SECURED 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, SCARVES, MEDICAL MASKS, AND CLOTH MASKS; AND ALSO INCLUDES 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 NOSE, MOUTH, AND CHIN IN COMPLIANCE WITH THE CDC’S GUIDANCE ON WEARING FACE COVERINGS.

“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 AREAS FOR SUCH FACILITIES), HOTELS AND MOTELS, (EXCLUDING THE RENTED ROOM OR SUITE), GYMS AND SIMILAR FACILITIES; BUT EXCLUDING RELIGIOUS FACILITIES.

3.12.02. PENALTY    ANY VIOLATION OF THIS SECTION SHALL BE CONSIDERED A MINOR MISDEMEANOR, AN OFFENSE REQUIRING A FINE OF UP TO $150.00.

SECTION III:           This ordinance shall be an emergency measure necessary for the health, welfare, and safety of the resident of the City of Ironton, Ohio and it shall be in full force and effect upon its passage and approval by the Mayor, and shall remain in effect during the pendency of the State of Ohio State of Emergency.