EMERGENCY

CMZ/B

-2020

REQUIRING facial coverings to be worn in certain circumstances during the pendency of
COVID-19 emergency declared by the State of Ohio.
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, the Centers for Disease Control and Prevention (“CDC”) reported over
2,545,250 cases of COVID-19 in the United States, resulting in over 126,369 deaths; and
WHEREAS, on March 9, 2020, the Ohio Department of Health announced confirmed cases
of COVID-19 in the State of Ohio that created a dangerous condition that may affect the health,
safety, and welfare of the citizens of Ohio; and
WHEREAS, on that same date, Governor Mike DeWine declared a state of emergency in
Ohio to protect the well-being of the citizens of Ohio from the dangerous effects of COVID-19,
and to assist in protecting the lives, safety, and health of the citizens of Ohio; and
WHEREAS, COVID-19 endangers the lives of the citizens of Cincinnati, creating
emergency conditions for life and public safety and disrupting commerce; and
WHEREAS, the CDC reports that people are most contagious when they are most
symptomatic (the sickest) but that some spread is possible before an individual shows symptoms
and some contagious persons will remain asymptomatic; and
WHEREAS, on March 22, 2020, under the direction of 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 recommendation that facial coverings be worn except in
certain circumstances; and
WHEREAS, on March 11, 2020, the Mayor of the City of Cincinnati declared a local
emergency due to the COVID-19 pandemic; and
WHEREAS, as businesses have re-opened, more people are traveling and gathering
throughout the state and within the City of Cincinnati; and
WHEREAS, a local and statewide state of emergency continues to exist with limits on
mass gatherings and recommendations for social distancing; and

 WHEREAS, as a result of the above-described emergency, there is a continuing need to
protect all citizens and guests of the City of Cincinnati from the risks relating to the COVID-19
pandemic; and
WHEREAS, the CDC recommends wearing facial coverings in public where other physical
distancing measures are difficult to maintain to help prevent the spread of COVID-19 from
asymptomatic or unknowing carriers to others; and
WHEREAS, the World Health Organization has published information that wearing facial
coverings significantly reduces the spread of COVID-19; and
WHEREAS, requiring facial coverings to be worn by any person in a public place within
the City of Cincinnati best promotes health, safety, and efforts to limit the spread of COVID-19
necessary to protect public health and safety, and is necessary for the continuity of social and
commercial life during the state of emergency while enabling the continuation of essential
services, businesses, and travel; and
WHEREAS, after weighing the known information about the COVID-19 virus, consulting
with the Cincinnati Health Department and Health Commissioner, and considering the guidance
from the Ohio Department of Health, City Council concludes that the safety of City of Cincinnati
citizens is best protected by implementing a requirement to wear facial coverings in public places
as set forth in this ordinance; and
WHEREAS, the purpose of this ordinance is to encourage individuals to comply with
health recommendations to minimize the spread of COVID-19 and keep people safe, and is not
intended to be punitive; now, therefore,
BE IT ORDAINED by the Council of the City of Cincinnati, State of Ohio:
Section 1. That all individuals within the City of Cincinnati shall wear a facial covering
over the individual’s nose and mouth in the following situations and locations:
a. When entering, exiting, or waiting in an indoor line to enter a place of business that is
open to the public, and while inside a place of business in the areas within the place of
business that are accessible to, and are intended for the use of, the public.
For purposes of this Ordinance, “place of business” means any facility, building, or
structure operated by or for a business engaged in the sale or other transaction of any kind
for anything of value in exchange for goods, commodities, services, or temporary lodging
and that is open to the general public or by appointment, and includes, but is not limited
to: grocery stores; retail stores; pharmacies; health care facilities; restaurants and bars while
indoors; hotels and motels (excluding the rented room or suite); gyms and similar facilities,
but does not include religious facilities.

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 b. When entering, exiting, or waiting in an indoor line to enter a City of Cincinnati-operated
building or facility that is open to the public, and while inside a City of Cincinnati-operated
building or facility in the areas within such City of Cincinnati facility that are accessible
to, and are intended for the use of, the public.
c. In any public transportation such as a bus or other public transit vehicle, or a taxi or
ridesharing vehicle or any other vehicle for hire.
Section 2. That all places of business shall require all employees that interact with the
public to wear a facial covering, and all places of business may refuse to sell or otherwise enter
into any transaction of any kind for anything of value in exchange for goods, commodities,
services, or provide temporary lodging with those who comply with this Ordinance. This
requirement shall not apply to employees in the following situations where the Ohio Department
of Health has ordered that facial coverings are not required, including but not limited to the
following:
a. Where facial coverings in the work setting are prohibited by law or regulation;
b. Where facial coverings are in violation of documented industry standards;
c. Where facial coverings are not advisable for health reasons;
d. Where facial coverings violate businesses’ documented safety policies;
e. Where the employee is working alone in an assigned work area not open to the public;
and
f. Where there is a functional (practical) reason for an employee not to wear a facial
covering.
Employers or business operators must provide written justification upon request by the City as to
why an employee is exempt from wearing a facial covering.
Section 3. That the requirement to wear a facial covering imposed by this Ordinance does
not apply to the following:

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 a.

Any individual
1. who cannot wear a facial covering because of a medical condition, mental
health condition, or developmental disability;
2. who is unable to remove the facial covering without assistance; or
3. who should not wear facial coverings under current Centers for Disease Control
and Prevention (“CDC”) guidance.

An individual is not required to produce medical documentation of the condition or
disability, except an employer may require such documentation from an employee in
accordance with state and federal law.
b. Individuals under 6 years old.
c. Restaurant and bar patrons while eating or drinking or while seated outdoors. The
facial covering requirements otherwise apply to the indoor spaces of a restaurant or
bar.
d. School individuals (including students, administrators, and teachers) on or in school or
school district facilities, so that schools and school districts may follow the regulations
and guidelines promulgated by their governing bodies and the Ohio Department of
Education.
For purposes of this Ordinance, “school or school districts” means any 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 postsecondary institution.
e. In settings where it is not practicable or feasible to wear a facial covering such as when
receiving dental services, medical treatments, or while swimming.
f. While actually engaged in exercising in a gym or other similar indoor facility so long
as physical separation of not less than six feet is maintained and the individual wears a
facial covering at all times when not actually engaged in exercising.
g. When an individual is in his or her work office, conference room, or other workspace
not intended for use by the general public.
h. When inside a personal or commercial vehicle either parked or moving that is not a
vehicle described in Section 1(c).
i. Individuals while acting in their official capacity as a public safety employee or
emergency responder when wearing a facial covering would interfere with or limit their
ability to carry out their official duties or functions. These include police and peace
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 officers, firefighters, and other public safety or emergency medical personnel who
support public safety operations.
j. Individuals complying with the directions of public safety employees or emergency
responders as described in 3(j).
Section 4. For the purposes of this Ordinance, “facial covering” means a piece of cloth,
fabric, or other material that fully covers the mouth and nose and that is secured with ear straps or
otherwise tied so as to prevent slipping. 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 CDC's guidance on wearing facial coverings.
Section 5. That whoever violates this Ordinance is subject to a civil penalty in the amount
of $25.00. Any person who receives a civil penalty for violation of this Ordinance may appeal to
the Office of Administrative Hearings in the same manner as a person charged with a civil offense,
and any such appeal shall be governed by the provisions of Cincinnati Municipal Code Title XV,
“Code Compliance and Hearings.”
Section 6. That the proper City officials are authorized to do all things necessary and
proper to carry out the terms of Sections 1 – 5 hereof.
Section 7. That this ordinance shall be effective during the pendency of the Declaration
of Emergency issued by the Mayor effective June 29, 2020.
Section 8.

That this ordinance shall be an emergency measure necessary for the

preservation of the public peace, health, safety, and general welfare and shall, subject to the terms
of Article II, Section 6 of the Charter, be effective July 7, 2020. The reason for the emergency is

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 the immediate need to take action that protects the health and safety of the citizens and guests of
the City of Cincinnati.

Passed: ________________________________, 2020

_________________________________
John Cranley, Mayor
Attest: ________________________________
Clerk

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