RECORD OF ORDINANCES CITY OF UPPER ARLINGTON STATE OF OHIO ORDINANCE NO. 46-2020 TO AMEND SECTION 501.14 GENERAL DEFINITIONS AND AMEND CHAPTER 547 MISCELLANEOUS OFFENSES TO ENACT SECTION 547.04 - REQUIRING FACIAL COVERINGS IN ANY INDOOR PUBLIC SPACE TO LIMIT THE SPREAD OF COVID-19, AND DECLARING AN EMERGENCY WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death and can be easily spread from person to person; and WHEREAS, COVID-19 endangers the lives of the residents of the City of Upper Arlington, creating an emergency to life and public safety and disrupting commerce; and WHEREAS, the World Health Organization declared COVID-19 a Public Health Emergency of International Concern on January 30, 2020; and WHEREAS, on March 12, 2020 the City Manager declared a state of emergency due to the COVID-19 pandemic; and WHEREAS, on March 22, 2020, under the direction of Ohio Governor Mike DeWine, Ohio Department of Health Director Amy Acton, M.D, issued an order requiring all Ohioans to stay in their homes to prevent the further spread of COVID-19 until April 6, 2020 and the order was extended until May 1, 2020 and has been since amended on April 30, May 20 and May 22, 2020 to allow businesses to open with the requirement for employees to wear facial coverings but customers were not required to wear facial coverings; and WHEREAS, additional measures are deemed necessary, above and beyond those instituted by the State and Federal governments, in order to help slow the outbreak of COVID19; and WHEREAS, health authorities, including the CDC, the Surgeon General of the United States, and Ohio Department of Health have recommended the use of face coverings as a means of preventing the spread of COVID-19; and WHEREAS, nothing contained in this ordinance is intended to infringe upon an individual’s First Amendment rights; and WHEREAS, nothing contained in this ordinance is intended to infringe upon an individual’s rights under the Americans with Disability Act and its associated requirements. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Upper Arlington, Ohio: SECTION 1. That Council hereby waives the requirement of Section 731.19 of the Ohio Revised Code that this Ordinance contain the entire section of the Chapter that is being amended. SECTION 2. That the following definition be added to Section 501.14 General Definitions: Facial Covering: means either (a) a piece of cloth, fabric, or other permeable material without holes that fully covers the mouth and nose and that, unless it is a full-face covering or a neck gaiter, is secured with ear straps or otherwise tied so as to prevent slipping, or (b) a face shield that covers the mouth, nose and chin. A Facial Covering may be factory-made or may be handmade and improvised from household materials. Facial Coverings include, but are not limited to, bandanas, scarfs, medical masks, and cloth masks; and also include respirators, N95 masks or other personal protective equipment that provides a higher level of protection than a Facial Covering defined in this Section. A Facial Covering shall be worn so as to cover the mouth and nose in compliance with the Centers for Disease Control and Prevention (CDC) guidance on wearing facial coverings. SECTION 3. That Chapter 547 is hereby amended to include the following provisions: 547.04 Facial Covering Required. A. All persons in Upper Arlington shall wear a Facial Covering at all times in indoor areas of commercial entities or other building or indoor space open to the public; provided, however, that this requirement does not apply to the following: -2- 1. any person younger than five (5) years of age; 2. any person who is a child whose parent, guardian or other responsible person has been unable to place the Facial Covering safely on the child's face; 3. any person with a medical condition or disability that prevents wearing a Facial Covering (including, but not limited to, any person who has trouble breathing, or is unconscious or incapacitated, or is otherwise unable to put on or remove the Facial Covering without assistance); 4. any person who is hearing-impaired and uses facial and mouth movements as a means of communication, or is seeking to communicate with someone who is hearing-impaired in a way that requires the mouth to be visible; 5. any person while the person is consuming food or drink; 6. any person while the person is exercising; 7. any person obtaining a service that requires temporary removal of the Facial Covering for security surveillance, screening, or a need for specific access to the face, such as while visiting a bank or while obtaining a personal-care service involving the face or head, but only to the extent necessary for the temporary removal; 8. any person who is actively providing or obtaining access to religious worship, but wearing a Facial Covering is strongly encouraged; 9. any person whose religious beliefs prevent him or her from wearing a Facial Covering; 10. any person who is present in a school building or facility that is subject to a comparable facial covering requirement. “School” shall include school districts, public, private, or charter school or institution that provides education for any or all of the following grades or education: kindergarten through twelfth grade; or a university, college, or similar post-secondary institution; -3- 11. any person while the person is giving a speech for a broadcast or to an audience; 12. any person for whom Facial Coverings are prohibited by law or regulation or are inconsistent with industry standards while the person is on duty; 13. any person who is complying with directions of law enforcement officers; 14. any person who is alone in a private, individual office; 15. any person who is present in a public library building or facility that is subject to a comparable facial covering requirement. B. Penalty: Whoever violates Section 547.04 is guilty of a minor misdemeanor, punishable by fine up to one hundred fifty dollars ($150.00). The violator shall be given a warning on the first offense. If the violator has previously been given a warning for a violation of this Section, the violator shall be subject to the penalties for a minor misdemeanor. SECTION 4. Open Meeting. It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including Ohio Revised Code Section 121.22. SECTION 5. If any subsection, sentence, clause, phrase, or word of this Ordinance or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Ordinance. SECTION 6. Emergency Measure. This Ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health and safety of the City and its inhabitants, and must be immediately effective in order to address the increased spread of the COVID-19 pandemic. Wherefore, this Ordinance shall take effect and be in force from and immediately after its adoption. This Ordinance shall remain in force until Council shall determine that the spread of COVID- -4- 19 in no longer a public health emergency and the requirement of a Facial Covering is no longer necessary. -5-