Below is the City of West Plains’ proposed mask mandate ordinance to be considered by City Council on August 24. The public hearing will take place on August 17.
More information on the public hearing can be found here.
Proposed city-wide mask mandate
IN ORDINANCE ESTABLISHING THE REQUIREMENT TO WEAR A FACE MASK IN CERTAIN LOCATIONS IN ORDER TO PREVENT OR LIMIT THE SPREAD OF COVID-19 DISEASE; AUTHORIZING THE ADOPTION OF FURTHER ORDERS FOR THE IMPLEMENTATION OF THE ORDINANCE; DECLARING AN EMERGENCY FOR ENACTMENT; AND FIXING THE TIME WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
WHEREAS, in December 2019, medical professionals detected a novel coronavirus, now designated as “SARS-CoV-2,” which causes a disease known as “coronavirus disease 2019” abbreviated and popularly known as “COVID-19”; and
WHEREAS, on January 30, 2020, the World Health Organization Director General declared an outbreak of COVID-19 as a Public Health Emergency of International Concern, advising countries to prepare for containment, detection, isolation and case management, contact tracing and prevention of onward spread of the disease; and
WHEREAS, on March 11, 2020, the World Health Organization Director General characterized COVID-19 as a pandemic; and
WHEREAS, on March 13, 2020, the President of the United States declared the COVID-19 outbreak a national emergency; and
WHEREAS, COVID-19 is spread person to person through direct or close proximate contact and presents an imminent threat of widespread illness and a threat to public health; and
WHEREAS, on March 27, 2020, the Mayor determined there reasonably appeared to exist a state of civil emergency which required a response by the City to protect human life, and, therefore declared a local state of civil emergency; and
WHEREAS, due to the continuing public health crisis created by COVID-19, the Mayor renewed his declaration of civil emergency June 20, 2020; and
WHEREAS, although the public health system had the resources to begin the process of safely reopening the economy, and, therefore over time the Mayor’s declaration authorized reopening, data now indicates that the growth of COVID 19 cases in south central Missouri is high; and
WHEREAS, as of July 1, 2020, Howell County, Missouri, had 43 reported cases of Covid-19 and as of August 1, 2020, the number of positive cases in our county had increased to 128 which represents a 197% increase in a period of one month with the total of reported cases in Howell County Missouri, continuing to increase to 155 as of August 11, 2020; and
WHEREAS, it is the desire of the City Council to avoid further operating restrictions or stay at home orders; and
WHEREAS, it is the judgment of City Council that a stronger community response now could slow the rate of spread of COVID-19 in our community and would protect public health and safety; and
Whereas, there is substantial and increasing scientific evidence that indicates the widespread use of masks slows the spread of COVID-19.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST PLAINS, MISSOURI, as follows, that:
Section 1. lncorporation of findings. The City Council makes and reaffirms the findings set forth above and incorporates the same by reference as if fully set forth herein.
Section 2. Definition. As used in this ordinance, a “Face Mask” means a covering made of cloth, fabric, or other soft or permeable material, without holes, that covers only the nose and mouth and surrounding areas of the lower face. A covering that hides or obscures the wearer’s eyes or forehead is not a Face Mask. A Face Mask may be factory-made, or may be handmade and improvised from ordinary household materials. Any mask that incorporates a one-way valve (typically a raised plastic cylinder about the size of a quarter on the front or side of the mask) that is designed to facilitate easy exhaling allows droplets to be released from the mask, putting others nearby at risk. As a result, these masks are not a Face Mask under this Ordinance and must not be used to comply with this Ordinance’s requirements.
Section 3. Wearing of Face Masks Required. Except as otherwise provided in this ordinance all persons age ten years old and above who are present within the jurisdiction of the City of West Plains are required to wear a clean Face Mask any time they are, or will be, within six feet of other people who are not household members. The requirement to wear a Face Mask shall go into effect at 12:01 a.m. August 28.
Section 4. Employers to Provide Face Masks to Employees. Any time an employee or staff person is required to wear a Face Mask pursuant to this ordinance, the employer shall make face masks available in sufficient quantity to assure each employee can wear a clean Face Mask at all times.
Section 5. Exempted Activities. A person may remove their Face Mask where otherwise required under the following circumstances:
1. While outdoors when able to maintain a distance of at least six feet from others;
2. While exercising outdoors or while exercising indoors when able to maintain a distance of at least six feet from others;
3. When engaged in a sporting activity;
4. While at home and exclusively in the presence of members of their own household; provided however, the wearing of a Face Mask shall be required in all common areas of any multifamily structure;
5. When in your or your family’s personal vehicle;
6. While eating or drinking only when inside or in the outside dining area of a restaurant or other establishment that offers food or beverage service, provided that person is able to maintain a distance of at least six feet from persons seated at other tables, and provided this distance restriction is enforced by the restaurant or other establishment;
7. When an individual has a medical condition, mental health condition or disability that prevents wearing a Face Mask;
8. When any party to a communication is deaf or hard of hearing and not wearing a Face Mask is essential to communication;
9. While obtaining a service that requires temporary removal of the Face Mask, such as dental examinations,
10. When necessary to confirm the individual’s identity;
11. When federal or state law prohibits wearing a Face Mask or requires the removal of a Face Mask;
12. When requested by a law enforcement officer;
13. When requested by a medical provider, including emergency response personnel;
14. When in a business/commercial/office setting and not within six feet of any other person; provided however, when moving from place to place in a business location where the person cannot maintain at all times a distance of six feet from all other persons a Face Mask shall be worn;
15. When a business/commercial/office setting has implemented alternative mitigation strategies such as the use of plexiglass barriers and/or face shields;
16. When participating in a wedding ceremony as a member of the wedding party;
17. Under such other circumstances identified in any subsequent order, formal guidance or approved Operational Plan issued by the Mayor and in general conformance with the spirit and intent of this ordinance.
Section 6. Adoption of Orders. This ordinance is in addition to and supplements the Mayor’s Declaration of Civil Emergency and any subsequent orders of the Mayor. The Mayor is hereby expressly authorized to make such additional orders as are necessary and reasonable for the effective implementation of this ordinance, including such exceptions as are not detrimental to the public health. Nothing in this ordinance shall limit on the authority of the Mayor to issue orders under existing authority, including orders extending the requirement to wear masks as needed for the protection of human health.
Section 7. Enforcement. A person who has been convicted of a violation of this ordinance or an order implementing this ordinance may be sentenced to pay a fine which does not exceed fifteen dollars ($15.00) for an individual and one hundred dollars ($100.00) for a business, government or non-profit entity of any kind. For a business, government or non-profit entity, each violation of the requirements of this ordinance by an individual within or working for the entity shall be a separate violation. By way of example, where two people who are not members of the same household are in a business vehicle and are not wearing masks, each individual is subject to a fine of $15.00 and the business is subject to two fines of $100.00 each for a total of $200.00.
Section 8. Severability clause. lf any provisions, sections or portion of this ordinance is found or determined by a court for any reason to be invalid or unenforceable, those provisions shall be severed from the remaining portions of this ordinance, which shall remain effective in the absence of any invalid or unenforceable provisions.
