Loading...
HomeMy WebLinkAboutEmergency Mask Order Rexburg - July 17, 2020 CITY OF REXBURG PUBLIC HEALTH EMERGENCY ORDER No. 2020-01 WHEREAS, the health and safety of all residents and visitors to the City of Rexburg is of the greatest priority to the City of Rexburg, and is the statutory duty of the city under Idaho Code 50-304; and WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death, is caused by the SARS-CoV-2 virus, which is a new strain of coronavirus that had not been previously identified in humans and can easily spread from person to person. The virus is spread between individuals who are in close contact with each other through respiratory droplets; and WHEREAS , on January 30, 2020, the International Health Regulations Emergency Committee of the World Health Organization declared the outbreak of COVID-19 a public health emergency of international concern; and WHEREAS , the CDC reports that people are most COVID-19 contagious when they are most symptomatic (the sickest) however spread is possible before people show symptoms, or by those that are asymptomatic; and WHEREAS , on March 13, 2020, Idaho Governor Brad Little signed a declaration of emergency for the State of Idaho in response to concerns that cases of COVID-19 are imminent in Idaho; and WHEREAS, on and after March 13, 2020, the Idaho Governor issued a series of Orders Stay addressing public health measures to slow the spread of COVID-19 including the current Healthy Order signed May 30, 2020, and inclusive of the Idaho Rebounds Plan; and WHEREAS, as of July 15, 2020, Idaho was reporting 12,445 total cases of confirmed and probable COVID-19, including 727 new cases on July 15, 2020 and 110 deaths to date; and WHEREAS , on March 20, 2020 the Mayor of the City of Rexburg declared a local disaster emergency, and on March 23, 2020 the Rexburg City Council affirmed, and adopted the Declaration as per the Disaster Preparedness Act (Title 46, Chapter 10 of the Idaho Code), in the City of Rexburg due to the threat that COVID-19 poses to the health and welfare of the residents of Rexburg; and WHEREAS , the emergency services and local healthcare facilities have limited capacity to handle a significant increase in COVID-19 confirmed cases in Madison County; and WHEREAS, the CDC recommends that people wear cloth face coverings in public settings, especially when other social distancing measures are difficult to maintain, and the Eastern Idaho Public Health District and Teton has likewise recommended the use of face coverings to reduce the spread of COVID-19; and WHEREAS , there is a continuing and urgent need to protect all residents, employees and visitors in the City of Rexburg from the risks relating to the COVID-19 pandemic through the protection provided by wearing facial coverings; and WHEREAS, the City of Rexburg Mayor and City Council find it necessary to enact additional regulations beyond those outlined in the May 30, 2020 Department of Health and Welfare Stay Healthy Order to slow the community spread and protect the health, safety, and welfare of individuals living, working and visiting the City of Rexburg; and WHEREAS, the Mayor of the City of Rexburg, in consultation with Eastern Idaho Public Health, and local Health Care Professionals has determined it is necessary and appropriate to act to ensure that COVID-19 remains controlled and that residents and visitors in the city remain safe and secure, and the health care facilities in the city are not overwhelmed; and WHEREAS , the Mayor finds that a shutdown event, similar to that enacted in March, April, and May of this year would likely devastate our local businesses, and can likely be avoided by taking measures to mitigate the spread of COVID-19 within our community such as wearing of face coverings; NOW, THEREFORE, the Mayor does hereby declare and state that a Public Health Disaster Emergency exists within the City of Rexburg, and that the city does hereby adopt by emergency declaration the following regulations, which shall supersede all prior Public Health Emergency Orders or Resolutions issued by the Mayor or Council of the City of Rexburg relating to wearing of face masks, and which shall be in effect for a minimum of seven (7) days, or, upon affirmation by action of the City Council, shall otherwise remain in effect until rescinded, superseded or amended by the Mayor or City Council. SECTION 1 FACE COVERINGS Every person shall, when in any indoor or outdoor public place, completely cover their nose and mouth with a cloth or similar face covering, when members of the public are physically present for otherwise unprotected social interaction. 1.DEFINITIONS: For purposes of this Public Health Emergency Order “public place” shall mean any place open to all members of public without specific invitation, including but not necessarily limited to, retail business establishments, restaurants and bars, government offices, medical, educational (schools), religious facilities, arts and recreational institutions, public transportation, including taxi cabs and ridesharing vehicles. “Members of the public” shall mean persons not therein employed, present without invitation. 2.EXEMPTIONS: a.Children under the age of 5. b.Persons who cannot medically tolerate wearing a face covering. A person is not required to provide documentation demonstrating that the person cannot medically tolerate wearing a face covering. c.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. d.Persons, including on-duty law-enforcement officers, pharmacists, or others, 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. e.Persons who are obtaining a service involving the nose, face, or head for which temporary removal of the face covering is necessary to perform the service. f.Persons who are seated at a table in a restaurant for the purpose of eating or drinking, or any establishment that offers food or beverage service, so long as the person is able to maintain a distance of 6 feet away from persons who are not members of the same household or party as the person. This exemption does NOT apply to entry, exit, or other movement through the facility. g.Indoor or Outdoor public places where people can, and consistently employ social distancing as recommended by CDC. 3.DUTY TO ENFORCE: Every registered business is required to enforce this requirement on his/her premises for all who enter, whether they be employee, vendor, patron, or any other person. a.It is acknowledged that businesses may encounter aggressive or angry patrons not wishing to wear face coverings, and in some instances patrons who are unable to wear a face covering due to a known medical condition as exempted above. The city acknowledges that businesses operate on the principles of private property, and may address these conflicts as they see appropriate, provided those measures make a reasonable effort to comply with this requirement. The city encourages businesses to provide masks for sale (or free of charge) or make other accommodations for such patrons, such as curbside service. Businesses may choose to turn such patrons away without service, as is their constitutional right, provided that they do not discriminate against patrons on the basis of a protected class. 4.REQUIREMENT TO NOTIFY GUESTS: Every provider of short-term lodging, including hotels, Airbnb/VRBO, or similar, shall notify incoming guests of this requirement prior to arrival and upon arrival, and advise them that face coverings are mandatory in this locale. 5.REQUIREMENT TO POST AND ENFORCE: Every business must post this Declaration, or an approved summary of it in a conspicuous place at all public entrances to their facilities, and must make a reasonable effort to enforce these requirements with all who enter their premises. SECTION 2 PENALTIES Any person who violates any provisions of this Order, shall be guilty of an infraction, punishable by a fine of $100. Any person who knowingly and willfully violates any provision of this Order shall be presumed guilty of misdemeanor disorderly conduct, and fined in accordance with the laws of the State of Idaho. Any business which fails to comply with this Order, will be warned only once, and must close their business immediately until compliance is achieved. Failure to comply, or come into compliance before reopening shall result in cancellation of a Business Registration, and any other City issued license, including liquor and other alcohol licenses. Owners and managers of businesses are responsible for compliance, and will be held personally responsible for violations. SECTION 3 EFFECTIVE DATE AND SUNSET DATE This Emergency Order shall take effect at 12:00 a.m., on July 17, 2020 and shall remain in full force and effect until rescinded, superseded or amended by the Mayor or City Council. Approved by: ___________________________ Jerry Merrill, Mayor ATTEST: __________________________________ Deborah Lovejoy, City Clerk