Substitute Ordinance No. 5751
Substitute Ordinance Amending the Memphis Code of Ordinances Relative
to Requirements for Persons to wear facial coverings or masks while present
in businesses and public places within the City of Memphis during public
health emergencies
WHEREAS, the transmission of the COVID-19 virus continues to threaten
our citizens despite the City’s efforts to slow the spread of the virus over the
past two (2) months;
WHEREAS, as businesses and operations reopen in the City, it is critical
that Memphians remain vigilant to protect themselves and their fellow
Memphians;
WHEREAS, scientific evidence shows that a substantial number of
individuals with the COVID-19 virus are asymptomatic and that individuals
who contract the virus may still transmit the virus to others before ever
showing symptoms by speaking, coughing, or sneezing.
WHEREAS, employees of businesses that reopen are put in a vulnerable
position when patrons come in without a face covering;
WHEREAS, the Council desires to make sure workers are safe as they
interact with customers.
WHEREAS, science shows that face coverings are one of the most effective
means of reducing the spread of the COVID-19 virus;
WHEREAS, the risks of inaction are high and likely fatal for elderly persons
and individuals with serious underlying health conditions, including high
blood pressure, chronic lung disease, diabetes, obesity, asthma, and those
whose immune system is compromised such as by chemotherapy for cancer
and other conditions requiring such therapy; 

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 WHEREAS, the risks are particularly high for African American citizens. As
of May 27, 2020, there was a cumulative total of 4,703 confirmed cases of
infection by the COVID-19 virus and 102 deaths in Shelby County, of which
over 65% of the confirmed cases and over 68% of deaths were AfricanAmerican citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF MEMPHIS that the various sections of this ordinance shall upon
becoming effective as provided by law shall be and become a new Chapter
under Title 9 of the Code of Ordinances and shall read as follows:
Section 1:

SHORT TITLE

1.01
This Ordinance shall be known as the “Face Covering/Mask
Ordinance.”
Section 2:

LEGISLATIVE FINDINGS AND INTENT

2.01 Tennessee General Assembly has declared the State’s policy that
safeguarding the life and property of its citizens is an innate responsibility
of the governing body of each political subdivision of the state;
2.02 The Council, as the governing body of the City, does hereby find,
declare and conclude that it has the power and duty under the City’s
Charter:
1)

to pass all laws to preserve the health of the City;

2)

to prevent the introduction of contagious diseases within the
City; and

3)

to define, prevent, remove and cause to be abated nuisances
within the City;

2.03 The Council, as the governing body of the City, does hereby further
find, declare and conclude that it has the power and authority under State
statutes to take whatever prudent action is necessary to ensure the health,
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 safety, and welfare of the community during a declared state of emergency
and that this Ordinance is adopted pursuant to State policy and the
authority granted it under State statutes and the City’s Charter;
2.04 The Council does hereby find and declare that this Ordinance is based
on evidence of increasing occurrence of COVID-19 within the City, the State
of Tennessee, and the United States of America and on scientific evidence,
and best practices regarding the most effective approaches to slow the
transmission of communicable diseases generally and COVID-19
specifically;
2.05 The Council does hereby find and declare that this Ordinance is also
issued in light of the existence, as of May 27, 2020, of a cumulative total of
4,703 confirmed cases of infection by the COVID-19 virus and 102 deaths in
Shelby County, of which over 65% of the confirmed cases and over 68% of
deaths are African-American citizens;
2.06 It is the intent of this Ordinance:
A.

To help reduce the spread of the COVID-19 virus and mitigate
the impact of the virus on members of the public and on the
delivery of critical healthcare services to those in need. All
provisions of this Ordinance must be interpreted to effectuate
this intent.

B.

To ensure that all people who are visiting or working at
Essential Businesses and all people who are seeking care at
healthcare facilities or engaged in certain types of public
transit or transportation with others wear a Face Covering to
reduce the likelihood that they may transmit or receive the
COVID-19 virus.

C.

To ensure that people who work for or seek services from
entities engaged in Essential Infrastructure work, Minimum
Basic Operations, or Essential Government Functions also
wear a Face Covering when they are in close proximity to
others.

D.

To create environments where employees, customers and
members of the public may feel safe in visiting and/or working
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 in Essential Businesses, Essential Government Functions and
Healthcare Operations.
Section 3:

REQUIRMENTS FOR WEARING FACE COVERINGS

3.01. GENERAL REQUIRMENT FOR WEARING FACE COVERINGS.
Except as specifically exempted herein, Face Coverings shall be worn at all
times by all persons when in a public place within the City of Memphis
during public health emergencies and/or recognized epidemics or pandemics
to prevent the spread of contagious air borne diseases
3.02 SPECIFIC REQUIREMENT FOR WEARING FACE COVERINGS. All
members of the public, except as specifically exempted herein, are required
to wear a Face Covering outside their home or other place they reside in the
following specific situations:
1) When they are inside of, or in line to enter, any Essential Business
including, but not limited to, grocery stores, convenience stores,
supermarkets, laundromats, and restaurants;
2) When they are inside of, or in line to enter, any Non-Essential
Business as defined in this Ordinance.
3) When they are inside or at any location or facility engaging in seeking
or receiving Essential Government Functions, including but not
limited to City Hall or other City buildings and facilities;
4) When they are at the entrance to and inside elevators in all public and
private buildings;
5) When they are engaged in Essential Infrastructure work;
6) When they are obtaining services at Healthcare Operations—including
hospitals, clinics, COVID-19 testing locations, dentists, pharmacies,
blood banks and blood drives, other healthcare facilities, mental health
providers, or facilities providing veterinary care and similar healthcare
services for animals—unless directed otherwise by an employee or
worker at the Healthcare Operation; or

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 7) When they are waiting for or riding on public transportation (including
without limitation any bus, MATA, street car or paratransit or are in a
taxi, private car service, or ride-sharing vehicle.
8) Each driver or operator of any public transportation or paratransit
vehicle, taxi, or private car service or ride-sharing vehicle must wear a
Face Covering while driving or operating such vehicle, regardless of
whether a member of the public is in the vehicle, due to the need to
reduce the spread of respirator}' droplets in the vehicle at all times.
9) All Essential Businesses, Non-Essential Businesses, as well as entities
and organizations with workers engaged in Essential Infrastructure
work, or Essential Government Functions (except for Healthcare
Operations, which are subject to their own regulation regarding
specified face coverings), must:
a)

Require their employees, contractors, owners, and volunteers to
wear a Face Covering at the workplace and when performing work
off-site any time the employee, contractor, owner, or volunteer is:
i.

interacting in person with any member of the public;

ii.

working in any space visited by members of the public, such as
by way of example and without limitation, reception areas, grocery'
store or pharmacy aisles, service counters, public restrooms,
cashier and checkout areas, waiting rooms, service areas, and other
spaces used to interact with the public, regardless of whether
anyone from the public is present at the time;

iii.

working in any space where food is prepared or packaged for sale
or distribution to others; working in or walking through common
areas such as hallways, stairways, elevators, and parking facilities;
or

iv.

in any room or enclosed area when other people (except for
members of the person's own household or residence) are present.

v.

Take reasonable measures, such as posting signs, to remind their
customers and the public of the requirement that they wear a Face
Covering while inside of or waiting in line to enter the business,
facility, or location. Essential Businesses and entities or
organizations that engaged in Essential Infrastructure work must
take all reasonable steps to prohibit any member of the public who
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 is not wearing a Face Covering from entering and must not serve
that person if those efforts are unsuccessful.
3.03 Reusable face coverings or masks must remain clean and sanitary via
regular washing and daily disinfecting.

Section 4:
EXEMPTIONS FROM REQUIRMENTS FOR WEARING
FACE COVERINGS
4.01 A Face Covering is not required when a person is in a personal office (a
single room) when others outside of that person's household are not present
as long as the public does not regularly visit the room. By way of example
and without limitation, a construction worker, plumber, bank manager,
accountant, or bike repair person is not required to wear a Face Covering if
that individual is alone and in a space not regularly visited by the public,
but that individual must put on a Face Covering when coworkers are
nearby, when being visited by a client/customer, and anywhere members of
the public or other coworkers are regularly present.
4.02 A Face Covering is not required when a person is eating or drinking in
a restaurant or bar or similar facility.
4.03 Any child aged two years or less must not wear a Face Covering
because of the risk of suffocation. This Ordinance does not require that any
child aged twelve years or less wear a Face Covering. Parents and
caregivers must supervise use of Face Coverings by children to avoid
misuse.
4.04 Wearing a Face Covering is recommended but not required while
engaged in outdoor recreation such as walking, hiking, bicycling, or running.
But each person engaged in such activity must comply with social distancing
requirements including maintaining at least six feet of separation from all
other people to the greatest extent possible. Additionally, it is recommended
that each person engaged in such activity bring a Face Covering and wear
that Face Covering in circumstances where it is difficult to maintain
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 compliance with Social Distancing Requirements and that they carry the
Face Covering in a readily accessible location, such as around the person's
neck or in a pocket, for such use.
4.05 Because running or bicycling causes people to more forcefully expel
airborne particles, making the usual minimum 6 feet distance less adequate,
runners and cyclists must take steps to avoid exposing others to those
particles, which include the following measures: wearing a Face Covering
when possible; crossing the street when running to avoid sidewalks with
pedestrians; slowing down and moving to the side when unable to leave the
sidewalk and nearing other people; never spitting; and avoiding running or
cycling directly in front of or behind another runner or cyclist who is not in
the same household.
4.06 This Ordinance does not require any person to wear a Face Covering
while driving alone, or exclusively with other members of the same family or
household, in a motor vehicle.
4.07 A Face Covering is also not required by this Order to be worn by a
particular individual if the person can show either: (1) a medical
professional has advised that wearing a Face Covering may pose a risk to
the person wearing the mask for health-related reasons; or (2) 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; or because the person suffers from a Medical Condition that
prevents that person from wearing a Face Covering.
4.08 A Face Covering should also not be used by anyone who has trouble
breathing or is unconscious, incapacitated, or otherwise unable to remove
the Face Covering without assistance.
Section 5:

VIOLATIONS

5.01 The Council does hereby expressly find and declare that this
Ordinance is necessary to slow the rate of spread of COVID-19 in the City,
especially among its most vulnerable citizens. Failure to comply with any of
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 the provisions of this Ordinance constitutes an imminent threat and
immediate menace to public health, especially and therefore is declared to
be a public nuisance, which is a Class C Misdemeanor that is punishable in
the manner set forth herein or is subject to other extraordinary legal
remedies available to the City to eliminate and/or abate public nuisances.
Section 6:

ADMINISTRATION AND ENFORCEMENT

6.01 Pursuant to the City’s Charter, the Mayor, by virtue of his office, is the
Chief Executive Officer of the City government, and each and every
department thereof, and as such, shall have under his control and be
charged with the duty of supervising and compelling the performance of
duties by all other officers and employees. The Mayor is required to see that
provisions of the City’s Charter and Ordinances are obeyed and enforced.
6.02 Notwithstanding any City Ordinance to the contrary, whenever any
emergency occurs, or any rare or unusual disease appears, or when any
disease becomes unduly prevalent, the Mayor, in consultation with a
medical professional selected by him, shall have the power to employ any
measures necessary for the protection of the public health; and the Mayor
shall have the power, by proclamation, to establish quarantine and contact
tracing measures and to promulgate such rules and regulations as may be
necessary to combat such emergencies, including rules and regulations for
persons residing in, entering or leaving the city, and the regulation of
property, and he or she shall have power to make such expenditures as may
be necessary for such purposes.
6.03 The Mayor shall be authorized to appoint his officers, assistants and
employees to enforce the rules and regulations promulgated by the Mayor
under the provisions of this Ordinance. Any person who violates any such
regulation, or who fails to carry out any lawful order of the Mayor or his
designee(s) in such emergencies, shall be guilty of a misdemeanor.
6.04 Whenever the Mayor deems it necessary to carry out the provisions of
this Ordinance, the Mayor shall have the power to call upon the Chief of
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 police services for a detail of officers, and the director of police shall furnish
such officers, and the officers so detailed shall act under the direction of the
Mayor for the purpose of carrying out the provisions of this Ordinance or
any proclamation or regulation issued by the Mayor to abate any public
health nuisances and may issue citations for violations hereof.
6.05 The Municipal Courts of the City shall have jurisdiction over any
citations issued for violations of this ordinance.
6.06 The fines or penalties that may be assessed by the City’s Municipal
Courts shall be as follows:
1) First offense – warning
2) Second offense – community service
6.07 The Mayor shall also be authorized to seek restraining orders or
injunctive relief in courts of appropriate jurisdiction to abate any continuing
health nuisances that have occurred and are continuing in violation of
Section 3.02 of this Ordinance.
6.08 The Mayor shall be authorized to create and operate COVID-19
community service activities to be performed by violators of this Ordinance.
6.09 The Mayor is requested to develop and post on the City’s website a
sample sign to be used by Essential Business and Governmental Operations
for notifying customers and the public of the need to comply with the
requirements of this Ordinance for wearing face coverings.
6.10 The Mayor is authorized to use any available federal COVID-19
funding for implementation of this Ordinance, including but not limited to
compensation of inspectors and other employees whose services are
substantially dedicated to mitigation of the COVID-19 public health
emergency as provided in this Ordinance or for the provision of masks to
small businesses, public transportation vehicles and for use by visitors to
public buildings and facilities.
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 6.11 The Mayor is authorized to establish a system for employees of
Essential and Non-Essential Businesses to report the failure of an employer
to provide masks for their work and for members of the public to report
violations of this Ordinance or any executive orders relating to reopening of
businesses and activities, which may include telephone hot-lines and/or
internet systems.
Section 7:

MISCELLANEOUS

7.01 This Ordinance is also issued in consistent with, and incorporates by
reference all operative Executive Orders of the Governor of the State of
Tennessee and the Mayor of the City of Memphis and any applicable orders
of the Health Officer for Shelby County.
Section 8:

DEFINITIONS

8.02 "Essential Businesses" are:
i. Healthcare Operations and businesses that operate, maintain, or repair
Essential Infrastructure;
ii. Grocery stores, certified farmers' markets, farm and produce stands,
supermarkets, food banks, convenience stores, and other establishments
engaged in the retail sale of unprepared food, canned food, dry goods, nonalcoholic beverages, fresh fruits and vegetables, pet supply, fresh meats,
fish, and poultry, as well as hygienic products and household consumer
products necessary for personal hygiene or the habitability, sanitation, or
operation of residences. The businesses included in this subparagraph (ii)
include establishments that sell multiple categories of products provided
that they sell a significant amount of essential products identified in this
subparagraph, such as liquor stores that also sell a significant amount of
food;
iii. Food cultivation, including farming, livestock, and fishing;

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 iv. Businesses that provide food, shelter, and social services, and other
necessities of life for economically disadvantaged or otherwise needy
individuals;
v. Construction,
Affordable housing that is or will be income-restricted, including multi-unit
or mixed-use developments containing at least 10% income-restricted units;
Public works projects;
Shelters and temporary housing, but not including hotels or motels;
Projects immediately necessary to provide critical noncommercial services to
individuals experiencing homelessness, elderly persons, persons who are
economically disadvantaged, and persons with special needs;
Construction or repair necessary to ensure that residences and buildings
containing Essential Businesses are safe, sanitary, or habitable to the
extent such construction or repair cannot reasonably be delayed;
vi. Newspapers, television, radio, and other media services;
vii. Gas stations and auto-supply, auto-repair (including, but not limited to,
for cars, trucks, motorcycles and motorized scooters), and automotive
dealerships;
viii. Bicycle repair and supply shops;
ix. Banks and related financial institutions;
x.
Service providers that enable residential transactions (including
rentals, leases, and home sales), including, but not limited to, real estate
agents, escrow agents, notaries, and title companies
xi.

Hardware stores;

xii. Plumbers, electricians, exterminators, and other service providers who
provide services that are necessary to maintaining the habitability,
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 sanitation, and operation of residences and Essential Businesses, but not for
cosmetic or other purposes;
xiii. Arborists, landscapers, gardeners, and similar service professionals,
but only to the limited extent necessary to maintain the habitability,
sanitation, operation of businesses or residences, or the safety of residents,
employees, or the public (such as fire safety or tree trimming to prevent a
dangerous condition);
xiv. Businesses providing mailing and shipping services, including post
office boxes;
xv. Educational institutions—including public and private K-12 schools,
colleges, and universities—
xvi. Laundromats, drycleaners, and laundry service providers;
xvii. Restaurants and other facilities that prepare and serve food, including
schools and other entities that typically provide free food services to
students or members of the public, but only for delivery or carry out, unless
authorized for in person service pursuant to a state, county or city back-tobusiness order.
xviii Businesses that supply other Essential Businesses with the support or
supplies necessary to operate.
xx. Businesses that have the primary function of shipping or delivering
groceries, food, or other goods directly to residences or businesses. This
exemption shall not be used to allow for manufacturing or assembly of nonessential products or for other functions besides those necessary to the
delivery operation;
xxi.
Airlines, taxis, rental car companies, rideshare services (including
shared bicycles and scooters), and other private transportation providers
providing transportation services necessary for Essential Activities;
xxii. Home-based care for seniors, adults, children, and pets;
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 xxiii. Residential facilities and shelters for seniors, adults, and children;
xxiv. Professional services, such as legal, notary, or accounting services;
xxv. Services to assist individuals in finding employment with Essential
Businesses;
xxvi. Moving services that facilitate residential or commercial moves;
xxvii. Childcare facilities providing services that enable owners, employees,
volunteers, and contractors for Essential Businesses or Essential
Governmental Functions to work as permitted. Children of owners,
employees, volunteers, and contractors who are not exempt under this Order
may not attend childcare facilities.
8.02 “Essential Government Functions” means all services needed to
ensure the continuing operation of the government agencies and provide for
the health, safety and welfare of the public.
8.03 "Essential Infrastructure," means airports, utilities (including water,
sewer, gas, and electrical), oil refining, roads and highways, public
transportation, solid waste facilities (including collection, removal, disposal,
and processing facilities), cemeteries, mortuaries, crematoriums, and
telecommunications systems (including the provision of essential global,
national, and local infrastructure for internet, computing services, business
infrastructure, communications, and web-based services).
8.04 “Health Conditions” means health conditions, including but not limited
to, high blood pressure, chronic lung disease, diabetes, obesity, asthma, and
those whose immune system is compromised such as by chemotherapy for
cancer and other conditions requiring such therapy.
8.05 “Non-Essential Businesses” means all brick and mortar retail
businesses not otherwise covered by this Ordinance.

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 Section 9. To the extent that this ordinance is in conflict with other
ordinances of the City of Memphis, this ordinance shall supersede the others
until the conflicting ordinance is amended or repealed.
Section 10. The provisions of this Ordinance are hereby severable. If any of
these sections, provisions, sentences, clauses, phrases or parts are held
unconstitutional or void, the remainder of this Ordinance shall continue in
full force and effect.
Section 11. This Ordinance shall take effect from and after the date it shall
have been passed by the City Council, signed by the Chair of the Council,
certified and delivered to the office of the Mayor in writing by the
Comptroller and become effective as otherwise provided by law.

SPONSORS:
Dr. Jeff Warren
Michalyn Easter-Thomas
Patrice J. Robinson
Chairwoman

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