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HomeMy WebLinkAbout21. 20-410 SEPTEMBER 22, 2020 20-410 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN 7-0 ) PURPOSE: CREATE ORDINANCE TO REQUIRE FACE COVERINGS IN RESPONSE TO COVID-19 CORONAVIRUS EMERGENCY INITIATED BY: CITY COUNCIL WHEREAS, on March 18, 2020, the Common Council of the City of Oshkosh adopted Resolution #20-103 declaring a state of emergency in the City of Oshkosh as a result of COVID-19; and WHEREAS, the City of Oshkosh has broad authority to act for the health, safety and welfare of its citizens and others within its boundaries under Chapters 62, 64 and 66 of the Wisconsin Statutes and in particular Sections 62.04 and 62.11(5) of the Wisconsin Statutes; and WHEREAS, the emergency power granted to governing bodies by Wis. Stat. § 323.14(4)(a)includes the general authority to order,by ordinance or resolution, whatever is necessary and expedient for the health, safety, protection, and welfare of persons and property within the local unit of government in the emergency; and WHEREAS, many individuals with COVID-19 may be asymptomatic or may experience a delayed onset of symptoms, during which time such individuals may transfer the virus to others; and WHEREAS, wearing a cloth face covering over both the nose and the mouth greatly reduces the risk of continued community spread of COVID-19; and SEPTEMBER 22, 2020 20-410 ORDINANCE FIRST READING CONT'D WHEREAS, the Center for Disease Control and Prevention's (CDC) information on the use of cloth face coverings to prevent the spread of COVID-19 includes the following: 1. The CDC recommends that all people 2 years of age and older wear a cloth face covering in public settings and when around people who do not live in their household, especially when other social distancing measures are difficult to maintain. 2. Studies have shown that wearing a cloth face covering can prevent the spread of COVID-19. 3. Cloth face coverings are most likely to reduce the spread of COVID-19 when they are widely used by most people in public settings. 4. Cloth face coverings should not be worn by children under the age of 2 years old or by anyone who has trouble breathing, or is unconscious, incapacitated, or otherwise unable to remove their own face covering without assistance. WHEREAS, the Centers for Disease Control and Prevention (CDC) Director Robert Redfield on Wednesday, September 16, 2020 reaffirmed the importance of wearing masks, noting that while a facial covering may not offer total protection it is guaranteed to offer at least some protection and that "we have clear scientific evidence they (facial coverings) work"; and WHEREAS, the State of Wisconsin Emergency Order #1 relating to preventing the spread of COVID-19 by requiring face coverings in certain situations issued by the Office of the Governor on July 30, 2020 will expire on September 28, 2020; and WHEREAS, information gathered by the Winnebago County Health Department show that the number of cases in the City of Oshkosh is rising and that City of Oshkosh currently has a high burden of cases ; and WHEREAS, the Winnebago County Health Department recommends the adoption of a local ordinance requiring the use of facial coverings as an effective measure to address the rising number of cases and limit exposure to the COVID-19 virus; and SEPTEMBER 22, 2020 20-410 ORDINANCE FIRST READING CONT'D WHEREAS, the City of Oshkosh has an interest in protecting the public health, safety, and welfare of the citizens of Oshkosh from the continued spread of COVID-19 throughout the community; and WHEREAS, an ordinance requiring face coverings to be worn by any person in a public place within the City of Oshkosh directly serves that interest by avoiding and/or reducing the further spread of COVID-19 and minimizing the strain on health care resources, while enabling the continuation of essential services, businesses, and social and commercial life during the state of emergency; and WHEREAS, based upon information and input from federal, state and local public health officials the City of Oshkosh hereby determines that a face covering requirement is necessary to protect persons within the City of Oshkosh. NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF OSHKOSH DO ORDAIN AS FOLLOWS: SECTION 1. City of Oshkosh Ordinance: Face Coverings Required, is hereby created to read as follows: Face Coverings Required (A) Within Buildings and other Enclosed Spaces. Except as otherwise specifically provided below, every person age five (5) years and older who is present in any Enclosed Space Accessible to the Public shall wear a Face Covering that covers their nose and mouth when another person or persons who are not members of the individual's household or living unit are present in the same room or enclosed space. Property owners, businesses, organizations or other entities owning or controlling Enclosed Space Accessible to the Public shall require every person age five (5) years and older who is present in areas subject to this ordinance to wear a Face Covering that covers their nose and mouth when another person or persons who are not members of the individual's household or living unit are present in the same room or enclosed space. SEPTEMBER 22, 2020 20-410 ORDINANCE FIRST READING CONT'D (B) In or on Public Transportation or In Transit Facilities. Except as otherwise specifically provided below, every person age five (5) years and older who is driving or riding in or on Public Transportation shall wear a Face Covering that covers their nose and mouth. Except as otherwise specifically provided below, every person age five (5) years and older who is present in or at the Downtown Transit Center or a Transit Shelter or who is in line for Public Transportation in any outdoor area that is unable to maintain a social distance of at least six (6) feet from any other persons not within their same household unit shall wear a Face Covering that covers their nose and mouth. Owners and/or operators of any vehicle offered for Public Transportation shall require every person age five (5) years and older to wear a Face Covering that covers their nose and mouth while in or on Public Transportation. Definitions For purposes of this ordinance the following definitions shall apply: "Face Covering" means a manufactured or homemade covering of cloth or other material that completely covers a person's nose and mouth and that is secure and remains affixed in place without the use of one's hands. Face Coverings shall be secured with ear straps or otherwise tied so as to prevent slipping, fanning up or gaps in coverage. Face Coverings include, but are not limited to, bandanas, medical masks, cloth masks, disposable or paper masks, and scarves, provided that they are worn in such a way that completely and securely cover the person's nose and mouth. Face Covering does not include mesh coverings or coverings with holes, exhalation valves/vents or openings. "Enclosed Space Accessible to the Public" means any interior area of any structure or premises open to or used in whole or in part by the public, and to which the public customarily has access, but does not include any private residence. "Public Transportation" means public transportation in or on City Transit Department vehicles or paratransit vehicles, whether such vehicles are operated directly by the City Transit Department or under contract with a private contractor; taxis; ride -sharing vehicles; or any other vehicle for hire. SEPTEMBER 22, 2020 20-410 ORDINANCE FIRST READING CONT'D "Transit Facilities" means the City of Oshkosh Downtown Transit Center and any City of Oshkosh transit shelters. Exceptions (A) Governmental Facilities. This ordinance shall not apply in governmental facilities owned or operated by United States of America, State of Wisconsin, University of Wisconsin and Fox Valley Technical College, Winnebago County, and Oshkosh Area School District facilities. Individuals are encouraged to wear a face covering but this ordinance shall not be interpreted to limit persons from registering for or exercising the right to vote within City Hall or polling places for Federal, State or local elections. (B) Temporary Removal of Masks Authorized. Individuals may temporarily remove their face covering under the following circumstances: 1. While eating, drinking, or sleeping 2. When communicating with an individual who is deaf or hard of hearing and communication cannot be achieved through other means 3. When, to the extent necessary, a Face Covering must be removed in order to receive services (for example certain medical and dental services) 4. When necessary to confirm the individual's identity 5. When federal or state law or regulations prohibit wearing a face covering (C) Exemptions. The following persons are exempt from the requirement to wear a Face Covering: 1) persons who are having difficulty breathing, unconscious, incapacitated or otherwise unable to remove the face covering without assistance 2) persons who have chronic upper -respiratory conditions 3) persons within work settings where a Face Covering would create a risk to the person related to their work as determined by government regulation SEPTEMBER 22, 2020 20-410 ORDINANCE FIRST READING CONT'D 4) persons with medical conditions, intellectual or developmental disabilities, mental health conditions or sensory sensitivities that prevent or impair the person's ability to wear a Face Covering 5) persons engaged in exercising at a gym or other indoor facility so long as separation is at least 6 feet and the individual wears a Face Covering when not actively engaged in exercising 6) persons engaged in sporting competitions or practices at a gym or other indoor facility so long as the individual wears a Face Covering when not actively engaged in the competition or practice 7) while a single individual is giving a religious, political, media, educational, artistic, cultural, musical, or theatrical presentation for an audience, the single speaker may remove the face covering when actively speaking. While the face covering is removed, the speaker must remain at least 6 feet away from all other individuals at all times Non -Compliance Any property owner, business, organization or entity that fails to comply with this ordinance shall be referred to the Winnebago County Department of Health. Owners, businesses, organizations and other entities are encouraged to offer accommodations for those persons wishing to receive goods or services but who are unable or unwilling to abide by the requirements of this ordinance within buildings open to and accessible by the general public such as online ordering, drive thru services, pick- up and delivery. Any person who fails to comply with this ordinance may be asked to leave by any property owner, business, organization or entity. Persons refusing to leave when asked may be subject to citation for trespass or other applicable law or regulation based upon their conduct. Effective Date / Duration This ordinance shall take effect upon passage and publication and upon expiration of Emergency Order #1 relating to preventing the spread of COVID-19 by requiring face coverings in certain situations issued by the Office of the Governor on July 30, 2020 and SEPTEMBER 22, 2020 20-410 ORDINANCE FIRST READING CONT'D shall remain in effect until 11:59 p.m. on December 31, 2020, unless extended or earlier terminated or modified by the Oshkosh Common Council or by passage of regulations by the United States Congress, State of Wisconsin or other entity with authority to supersede this ordinance, in which case this ordinance shall automatically repeal upon the superseding authority becoming effective with no further action required. Publication Notice Please take notice that the City of Oshkosh enacted ordinance #20-410 CREATE ORDINANCE TO REQUIRE FACE COVERINGS IN RESPONSE TO COVID-19 CORONAVIRUS EMERGENCY on September 22, 2020. The Ordinance requires face coverings for anyone age five (5) years or older in buildings and other enclosed spaces when another person or persons not a member of the same household are present. The ordinance also requires face coverings in or on public transportation including GO Transit, taxi cabs and ride share services. The ordinance will not apply to other governmental entities including the school district, state and federal entities which may establish their own rules. The ordinance allows for a number of exceptions common with the current Emergency Order issued by the Wisconsin Governor on July 30, 2020 including while eating and drinking; when necessary to receive certain services, persons with chronic upper respiratory or other medical or other disabilities that may prevent or impair the person's ability to wear a mask; persons engaged in exercise and individual speakers or performers. The proposed ordinance anticipates soft enforcement, with owners of businesses not in compliance referred to the Health Department for education and individual enforcement limited to those refusing to leave if asked by a business or property owner being subject to citation for trespass or other applicable violations. The ordinance becomes effective upon passage, publication and the expiration of the State's current Emergency Order #1 and terminates on December 31, 2020. The ordinance would automatically repeal should the County, State or Federal Government adopted regulations intended to supersede the terms of this ordinance. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011. r Id AA f Oshkosh TO: Mayor and Members of the Common Council FROM: Lynn A. Lorenson, City Attorney DATE: September 16, 2020 RE: Ordinance to Require Face Coverings BACKGROUND Pursuant to direction of the Council at the September 8, 2020 Council meeting, an ordinance has been drafted for the September 22, 2020 meeting agenda to require face coverings in the City of Oshkosh upon the expiration of Emergency Order #1 issued on July 30, 2020 by the Office of the Governor. The draft ordinance has been drafted to closely reflect Emergency Order #1 issued by the Governor to provide consistency as the City moves forward. ANALYSIS The draft ordinance would require face coverings for anyone age five (5) years or older in buildings and other enclosed spaces when another person or persons not a member of the same household are present. The draft ordinance would also require face coverings in or on public transportation including GO Transit, taxi cabs and ride share services. Similarly to the Governor's order which created exceptions for the Legislature and Court Offices as equal levels of government, the proposed draft would create an exception for other governmental entities including the school district, state and federal entities at an equal or higher level of government. The proposed draft would also create a number of exceptions common with the Emergency Order and similar orders by states and other municipalities including while eating and drinking; when necessary to receive certain services, persons with chronic upper respiratory or other medical or other disabilities that may prevent or impair the City Hall, 215 Church Avenue P.O. Box l l30 Oshkosh, WI 54903-1130 920.236.5000 hHp://www.ci.oshkosh.vvWs person's ability to wear a mask; persons engaged in exercise and individual speakers or performers. The proposed ordinance, consistent with Council direction at prior meetings, anticipates soft enforcement, with owners of businesses not in compliance referred to the Health Department for education and individual enforcement limited to those refusing to leave if asked by a business or property owner being subject to citation for trespass or other applicable violations. The proposed draft anticipates an effective date upon passage, publication and expiration of Emergency Order #1 and a December 31, 2020 termination date. Finally the proposed draft contains language automatically repealing the ordinance should the County, State or Federal Government adopted an ordinance intended to supersede the terms of this ordinance. Respectfully Submitted, 4A. 26sonrj City Attorney Approved: Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us