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MayorJohn Dennis 1200 N Salisbury St. West lzfayette, IN 47906 CITY OF WEST I.AFAYETTE 765.775.5103 mayor@wl.in.gov MAYOR OF THE CITY OF WEST LAFAYETTE, INDIANA EXECUTIVE ORDER 2O2O-01 WHEREAS, the COVID-19 pandemic has taken-and continues to take a severe toll on our country, our state. and the West Lafayette community; WHEREAS. the Centers for Disease Control reports that COVID-I9 may cause severe illness, including illness resulting in death. particularly among the elderly and those with underlying health conditionsl WHEREAS, the Secretary of Health and Human Services (HHS) declared a public health emergency on January 31,2020, under section 319 ofthe Public Health Service Act (42 U.S.C. 247d). in response to COVID-19; WHEREAS, on March 6. 2020 Govemor Eric Holcomb declared a public health disaster emergency in the State of Indiana, and such declaration has been extended four times and cunently runs through August 3, 2020; WHEREAS. on March ll,2020 the World Health Organization declared the COVID-19 outbreak a pandemicl WHEREAS. on March 13, 2020 the President ofthe United States announced a national emergency in response to the COVID-19 pandemic, WHEREAS. Govemor Holcomb's announcement ofa roadmap for reopening Indiana and his most recent Executive Order 20-35 provides that local orders may be more restrictive. which allows West Lafayette to respond to the unique challenges that this pandemic presents in a densely populated college town which will soon welcome back students to Purdue University; WHEREAS, the nature of West Lafayette's dense population and incoming college students presents unique risks and challenges for this community in combatting the spread and dangers of COVID- l9; WHER-EAS, the Cenrers for Disease Control and Prevention (CDC) has stated that COVID-I9 spreads mainly fiom person to person through respiratory droplets produced when an infected person coughs, sneezes, talks, or raises their voice (e.g., while shouting, chanting, or singing). These droplets can land in the mouths or noses ofpeople who are nearby or possibly be inhaled into the lungs. Recent studies show that a significant portion of individuals with COVID- 19 lack symptoms (are "asymptomatic") and that even those who eventually develop symptoms (are "pre-symptomatic") can transmit the virus to others before showing symptoms: WHEREAS, to reduce the spread of COVID-I9, the CDC recommends that people wear cloth face coverings in group settings when around people outside oftheir household, especially when otier social distancing measures are difficull to maintain; WHEREAS. cloth face coverings help prevent people who have COVID-19 from spreading the virus to others. Wearing a cloth face covering will help protect nearby people, including those at higher risk of severe illness from COVID-19 and workers who frequently come into close contact with other people (e.g., in stores and restaurants). Cloth face coverings are most likely to reduce the communitywide spread ofCOVID-19 when they are widely used by people in group settings: WHEREAS, some people have medical or health issues. disabilities, or other physical reasons that necessitate they be exempted from wearing a face coveringl WHEREAS. the spread of COVID-19 conlinues to threalen the lives of the citizens of WesI Lafayette, and impairs the efficient functioning of city govemment and its ability to protect the health and welfare of West Lafayette citizens; WHEREAS, the City of West Lafayette may impose restrictions upon persons that might cause other persons to contract diseases under lnd. Code $ 36-8-2-5 and the City may regulate conduct and the use of property that might endanger the public health, safety, or welfare under Ind. Code $ 36-8-2-5; WHEREAS, the spread of COVID- l 9 is injurious to the health of the citizens of West Lafayette, and interferes with their comfortable enjoyment of life, and is a nuisancei WHEREAS, any building or part thereof, which may create a source ofsickness among the citizens or which otherwise endangers the public health is a public nuisance in violation of West Lafayette Municipal Code 26- l. and a person convicted ofsuch violation may be punished by a fine up to $ 100 for the first violation and a fine up to $250 for a subsequent violation: WHEREAS, the ability ofbusinesses to reopen and conduct business safely and remain open may be enhanced by wearing cloth face coverings in such businesses when practicable; WHEREAS, it is the duty of the Mayor to hear any complaint regarding a license issued by the City and following such hearing, determine whether such license should be revoked or suspended; the City issues numerous and varying licenses to persons and businesses within West Lafayettei WHEREAS. the unchecked spread of COVID-[9 in the community and public businesses of West Lafayette creates a danger to the health, safety, and well-being of the citizens, and may be grounds for the revocation or suspension ofCity-issued licenses; WHEREAS, pursuant to lnd. Code $ 36-4-5-3 and West Lafayette Municipal Code 2- l 3 l. it is the ofthe Mayor to insure efficient government ofthe City and enforce the ordinances ofthe City and duty statutes of the State: and WHEREAS, to prevent the spread of COVID-19. and thereby to save lives. face coverings must be worn to reduce the increasing spread of COVID- 19. NOW, THEREFORE, I, John R. Dennis. Mayor of the City of West Lafayette, do hereby order and direct, that: Sf,CTION l. For the purposes of this ordinance. "face 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 attached so as to prevent slipping. A face covering shall be wom so as to cover the mouth and nose in compliance with the CDC's current and any future guidance on wearing face coverings. A face covering may be factorymade, sewn by hand, or improvised from household materials and can be made ofa variety ofsynthetic and 2. natural fabrics, including cotton, silk, or linen. Ideally, a face covering has two (2) or more layers. Face coverings include, but are not limited to. bandanas, scarves. medical masks, and cloth masks; and also include face shields that cover the nose and mouth, respirators. N95 masks or other personal protective equipment that provides a higher level ofprotection than a face covering defined in this Section. Sf,CTION 2. For purposes of this Ordinance, "place of business" means any office, facility, building, or structure operated by or for a for-profit business or non-profit enterprise and which is engaged in the sale or other transaction of any kind for anyhing of value in exchange for goods, commodities, services, or temporary lodging and that is op€n 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 (including outdoor seating for such facilities), banquet and catering facilities, personal care, grooming, and tattoo facilities, child care, day camp, and overnight camp facilities, hotels and motels (excluding a rented room or suite), gyms and similar facilities; but excluding religious facilities. SECTION 3. All individuals within the City of West Lafayette shall wear a face covering over the individual's nose and mouth in accordance with the following: a. When entering, exiting, or waiting in line to enter a place ofbusiness that is open to the public, and while inside a place ofbusiness as to the areas within the place ofbusiness that are accessible to, and are intended for the use of, the public; b. When entering, exiting, or waiting in line to enter a City of West Lafayette operated building or facility that is open to the public, and while inside a City of West Lafayette operated building or facility as to the areas within such 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 regulated by the City of West Lafayette, as well as all West Lafayette bus stations or stops. This includes but is not limited to a taxi or ridesharing vehicle or any other vehicle for hire. even if the vehicle is privately owned; however, this provision does not apply to people traveling alone or with household members or friends in their personal vehicles: d. ln high-density occupational settings where social distancing is not practicable. such as manufacturing. construction, and agriculture; g. ln any outdoor space or outdoor place where or when a person is unable to maintain or does not maintain physical separation of not less than six feet from others who are not members oftheir own household. SECTION 4. All places of business shall require all employees, contractors. volunteers, and any other individuals that interact with the public to wear a face covering. and all places ofbusiness shall only sell or otherwise enter into any transaction ofany kind for anything ofvalue in exchange for goods. commodities, services, or provide temporary lodging to those who comply with this order. Any manager. owner, or person in charge ofa place ofbusiness who fails or refuses to comply with this Order may be found in violation of this Order and any license issued by the City may be subject to review and revocation by the Mayor. Sf,CTION 5. The requirement to wear a face covering through this Order does not apply to the following persons or in the following situations or settings: Any individual who cannot wear a face covering because ofa medical condition, mental health condition or developmental disability, or who is unable to remove the face covering without assistance, and any individual who should not wear face coverings under the CDC guidance. An individual is not required to produce medical documentation ofthe condition or disability. a. 3 b. Individuals under 6 years old; c. An individual who is seated at a restaurant, bar, or other establishment that serves food or drink, while that individual is seated. If a patron within a restaurant, bar, or other establishment is not seated at a table or at a bar, a face covering is required. For restaurants, bars, or other establishments with outdoor dining areas that allow individuals to stand outside, a mask will not be required while dining as long as proper social distancing outside can be maintained: d. When seeking to communicate with someone who is hearing-impaired in a way that requires the mouth to be visible; e. When giving a speech or statement for a broadcast or to an audiencei f. When working at home or while in a personal vehiclel g. When temporarily removing a face covering to secure govemment or medical services or for identifi cation purposes; h. When individuals would be at risk from wearing a Face Covering at work, as determined by local, state, or federal regulations or workplace safety guidelinesl i. When wearing a face covering is impeding visibility to operate equipment or a vehicle; j. For a child whose parent, guardian, or responsible person has been unable to place or keep the face covering safely on the child's face; k. For school individuals (including students, administrators, staff and teachers) on or in school or school district facilities. "School or school district" means any public, private, or charter school or institution that provides education including, daycares, preschools, kindergarten through twelfth grade; or a university, college. or similar post-secondary institution: l. In settings where it is not practicable to wear a face covering such as when receiving dental services, medical treatments, while swimming, while acting as an on-duty lifeguard, or while engaging in an athletic practice or event such as wrestling or other full contact sportl m. For individuals who are outdoors and are maintaining at least six feet of distance from others who are not part oftheir householdl n. While actually engaged in exercising in a gym or other similar indoor facility so long as physical separation ofnot less than six feet is maintained and the individual wears a face covering at all times when not actually engaged in exercising; o. When an individual is in his or her work office, conference room. or other workspace not intended for use by the general public, so long as physical separation of not less than six feet is maintainedl p. When inside a personal or commercial vehicle either parked or moving that is not a vehicle described in Section 3(c); q. For individuals while acting in their official capacity as a public safety employee or emergency responder when wearing a face covering would interfere with or limit their ability to carry out their official duties or 4 functions. These include police officers. firefighters and other public safety or emergency medical personnel that support public safety functions; r. For individuals complying with the directions of public safety employees or emergency responders as described above; s. For individuals inside religious facilities; t. Facilities owned and operated by the Federal and State Govemment are exempt from this order. u. Long term care facilities (LTC), workers including skilled nursing facilities (SNF), adult care homes (ACH), family care homes (FCH), mental health group homes. and intermediate care facilities for individuals with intellectual disabilities (lCF-lID) shall follow the guidance set forth by the CDC/ISDH regarding the use of face coverings. v. Health care facilities other than LTC facilities shall fbllow the guidance set forth by the CDC/ISDH regarding the use of face coverings. SECTION 6. Violation ofany provision ofthis Executive Order is punishable by a fine of$100 for a first offense and $250 for each subsequent offense. SECTION 7. This order shall beinfull force and effect on or after July (f, 2020 and shall remain in place until such time that it is superseded by ordinance of the Common Council of West Lafayette. or an order by the public health officer. City of Dated: I.'1, 13, b2A Lafavette By, John R. Dennis, Mayor Aftest: West Lafayette, Clerk C Dated: Sana Booker. Clerk j'*.i t -.-i \' > j;'> 1 :< r !-- rE 5 I 20