Title
Postpone Indefinitely an Emergency Ordinance Requiring the Public to Utilize Face Coverings in Public Places Within the City of Colorado Springs Due to the Public Health Emergency Caused by the 2019 Novel Coronavirus, and Providing Penalties for Violation Thereof
Presenter:
Richard Skorman, City Council President
Body
Summary:
This emergency ordinance would require citizens to wear a face covering in most indoor publicly accessible areas in the City of Colorado Springs. Additionally, face coverings would be generally required outdoors in areas in which it is not possible to socially distance a minimum of six (6) feet. The emergency ordinance would be effective upon its passage and continue through August 14, 2020 unless extended by a majority vote of the City Council.
Background:
UPDATE FOR JULY 27, 2020 WORK SESSION AND JULY 28, 2020 FORMAL MEETING:
At its July 13, 2020 Work Session meeting, the Council debated an emergency ordinance requiring citizens to wear face coverings in public places due to increasing Novel Coronavirus cases in the region and within the City of Colorado Springs. At its July 14, 2020 Formal meeting, Council postponed the item until the July 27, 2020 and July 28, 2020 meetings to obtain input from the El Paso County Health Department.
Following the July 13 and 14 meetings, Governor Polis issued a face covering order (Executive Order D 2020 138) effective July 16, 2020 for thirty (30) days. The order applies throughout the State of Colorado, including the City of Colorado Springs. City Council now desires to postpone the emergency ordinance indefinitely at the July 28, 2020 Formal meeting, due to the Governor’s order. A postponement indeifinitely effectively disposes of the item permanently. Council may decide to debate and consider a new ordinance regarding face coverings at a later time.
JULY 13, 2020 WORK SESSION INFORMATION:
In accordance with City Charter § 4-10 and Section 8.7.103 of the Code of the City of Colorado Springs 2001, as amended, a public health emergency caused by confirmed cases in the City of Colorado Springs of the contagious 2019 Novel Coronavirus (“COVID-19”) was proclaimed and declared by the Mayor to be in effect since March 10, 2020, and continues to exist as of July 14, 2020, and will continue to exist until terminated.
Confirmed cases of COVID-19 are rapidly escalating within the City of Colorado Springs and El Paso County. Due to the continuing and escalating COVID-19 cases occurring in Colorado Springs, which cause detriment to the life, health, property and the public peace, through this emergency ordinance, the Council would declare an emergency exists in accord with City Charter § 3-90. To address the public health emergency, the City Council would find and determine that immediate action is necessary and pursuant to the attached emergency ordinance, would require face coverings in public places within the City. The emergency ordinance, if passed, would be effective immediately and through August 14, 2020 unless extended by the City Council.
The definition of a face covering in the ordinance includes: a covering made of cloth, fabric, or other soft or permeable material, without holes, that covers the nose and mouth and surrounding areas of the lower face. The face covering may be factory-made, or may be handmade and improvised from household materials, including but not limited to, bandanas, medical masks, cloth masks and gaiters. The face covering should fit snugly but comfortably against the side of the face, include multiple layers of fabric, allow for breathing without restriction, and be able to be laundered and machine-dried without damage or change to shape. Face coverings need to cover the nose and mouth at all times and should remain in place until taken off safely. If a worker’s face covering moves during work, it needs to be replaced with one that does not need to be frequently adjusted to reduce touching of the face. Face coverings should be replaced when it becomes dirty, wet, and/or difficult to breathe through.
Face coverings would be required in most indoor places accessible to the general public and also publicly accessible outdoor areas in which a six foot (6’) separation among people of different households could not be maintained.
Exceptions to the face covering requirement would include: persons under the age of ten (10) years or children within a childcare facility, subject to any applicable State or El Paso County Health Department guidance; persons for whom a face covering would cause impairment due to an existing health condition and who present a doctor’s note to that effect; persons working in a professional office or other workspace who do not have any face-to-face interactions with or share workspace with other persons; if the person is undergoing a medical or dental procedure, or any other personal service, that requires access to the person’s mouth or nose; persons on property owned or operated by the Federal, State of Colorado or El Paso County governments, unless required under other regulation, law or order; persons who are customers of banks, financial institutions, and pawn shops, however, employees of these places must still wear face coverings; persons who are eating or drinking at an establishment with food service when seated for dining or drinking; however, face coverings must be worn when not seated for eating or drinking, such as waiting for a table(s), or picking up food or drinks, walking past other tables or going to restroom facilities; while individuals are swimming or exercising outdoors; or individuals participating in indoor gyms, indoor training services or other indoor recreational activities that are complying with applicable State of Colorado orders, El Paso County Health Department directives and a businesses’ policy on when to wear a face covering within the business as long as in compliance with all other directives contained in the emergency ordinance.
Any person with operational control of a property or area covered by this Emergency Ordinance shall place a sign in a prominent place notifying the public of the face covering requirement. Any person with operational control of a property may notify any person entering that property or area of the requirement to wear a face covering and any person who does not comply with such a face covering request or with face covering signage required under this emergency ordinance must leave the property or area that requires a face covering or shall be in violation of this emergency ordinance.
Any person violating the emergency ordinance would be subject to the penalties provided in Section 201 (General Penalty) and 202 (Minor Offenders), of Part 2 (General Penalty), of Article 1 (Administration), of Chapter 1 (Administration, Personnel, and Finance) of the Code of the City of Colorado Springs 2001, as amended. This provides for a fine of not more than $2,500.00, imprisonment in jail for a period not exceeding one hundred eighty nine days, by a sentence of probation, or a combination thereof. For minor offenders, a conviction would result in a fine of not more than $500.00, a sentence of probation, or a combination thereof.
Previous Council Action:
N/A
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
N/A
Alternatives:
Council could choose not to adopt the emergency ordinance requiring members of the public to utilize face coverings in public places.
Recommended Action
Proposed Motion:
Postpone Indefinitely an Emergency Ordinance requiring the public to utilize face coverings in public places within the City of Colorado Springs due to the public health emergency caused by the 2019 Novel Coronavirus.
Summary of Ordinance Language
An Emergency Ordinance requiring the public to utilize face coverings in public places within the City of Colorado Springs due to the public health emergency caused by the 2019 Novel Coronavirus, and Providing Penalties for Violation Thereof.