HomeMy WebLinkAboutR-20-08 Voluntary Compliance of Face CoveringsEMERGENCY RESOLUTION NO. R-20-08
AN EMERGENCY RESOLUTION OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, TO
REQUIRE VOLUNTARY COMPLIANCE OF WEARING
FACE COVERINGS WHEN IN PUBLIC, REQUIRING
THAT ESTABLISHMENTS THAT CANNOT MAINTAIN
SOCIAL DISTANCING OF STAFF TO WEAR FACE
COVERINGS; PROVIDING FOR CONFLICTS, PROVIDING
FOR SCRIVENER'S ERRORS AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on March 1, 2020, Governor Ron DeSantis, in his capacity as Governor of
the State of Florida, issued Executive Order 20-51, directing the declaration of a public health
emergency and establishing the State of Florida's response to COVID-19; and
WHEREAS, on March 1, 2020, the State Surgeon General declared a public health
emergency in the State of Florida; and
WHEREAS, on March 9, 2020, Governor Ron DeSantis, in his capacity as Governor of
the State of Florida, issued Executive Order Number 20-52, declaring that a state of emergency
exists in the State of Florida by reason of COVID-19; and
WHEREAS, on March 17, 2020, Indian River County declared a State of Emergency effective
8:00 a.m. in response to COVID-19; and
WHEREAS, on March 17, 2020, The City of Sebastian declared a Local State of
Emergency in response to COVID-19; and
WHEREAS, at this time, there is no vaccine for COVID-19 and it is easily transmitted
among people; and
WHEREAS, the CDC and Florida Department of Health continue to remind residents
that by wearing a face covering, the resident protects others from exposure as well as themselves;
and
WHEREAS, the Florida Medical Association President Dr. Ronald Giffier recently
issued a statement saying that "the Florida Medical Association, the state's largest physician
organization, encourages local officials to adopt regulations requiring individuals to wear face
coverings in public places" and applauded municipalities in Florida that have already adopted
mandatory mask use ordinances; and
WHEREAS, The City of Sebastian deems that during the pandemic, it is a reasonable
regulation of an establishment to require its employees, while serving the public to wear cloth
face covering in order to significantly help reduce the spread of COVID-19 and lessen the
positive cases in Indian River County.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, as follows:
SECTION 1.
1. All persons working in restaurants, grocery stores, food service, salons, gyms,
any retail establishments, or businesses open to the public or any other indoor
facility visited by the public where social distancing is not possible within the
City of Sebastian shall wear face coverings.
2. All persons entering an indoor City facility including, but not limited to; the
City Hall, libraries, museums, art center, historic school house, civic center,
Police Department, fire rescue stations, etc. where social distancing is not
possible shall wear face coverings.
3. All persons utilizing public transit and transportation in Indian River County
shall wear face coverings.
4. All other persons physically present in any public place in the City of
Sebastian are strongly encouraged to wear face coverings.
5. A face covering includes any covering which snugly covers the nose and
mouth, whether store bought or homemade, and which is secured in place.
Persons who wear masks should review the CDC and Florida Department of
Health guidelines regarding properly and safely applying, removing, and
cleaning masks.
6. Medical and surgical masks, such as N95 masks or other similar medical
surgical masks, should be reserved for health care personnel, police, fire
fighters, emergency management and other first responders engaged in
life/safety activities.
7. EXCEPTIONS: A face covering shall not be required for the following
persons:
A. Persons under the age of two years;
B. Persons observing social distancing in accordance with CDC
guidelines;
C. Persons for whom a face covering would cause impairment due
to an existing health condition or disability;
D. Persons working in a business or profession who do not have
interactions with other persons;
E. Persons working in a business or profession who maintain
social distancing from another person;
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F. Persons working in a business or profession where use of a
face covering would prevent them from performing the duties of
the business or profession;
G. Persons exercising, while maintaining social distancing;
H. Persons eating or drinking;
I. Public safety, fire and other life safety and health care personnel,
as their personal protective equipment requirements will be
governed by their respective agencies; or
J. The requirement shall not apply when a person who is
hearing -impaired needs to see the mouth of someone wearing a
face covering in order to communicate.
THIS EMERGENCY RESOLUTION is intended as a measure to seek voluntary
compliance with the provisions contained herein and to educate and warn of the dangers of
noncompliance. However, in the event voluntary compliance is not achieved, then in that event
and as a last resort, a violation of this Emergency Order pursuant to Sections 252.47 and 252.50,
Florida Statutes may be prosecuted as a misdemeanor of the second degree punishable as
provided in Section 775.082 or 775.083, Florida Statutes.
THIS EMERGENCY RESOLUTION shall be in effect in the City of Sebastian,
immediately upon its adoption and will expire upon the expiration of the existing State of Local
Emergency, as same may be extended by subsequent order or declaration, unless terminated by
subsequent order of the City Council.
SECTION 2. All resolutions or parts of resolutions in conflict herewith are hereby
repealed.
SECTION 3. Sections of this Resolution may be renumbered or re -lettered and
corrections of typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of further action of City Council by
filing a corrected copy of same with City Clerk.
The foregoing Resolution was moved for adoption by Councilmember Hill
The motion was seconded by Councilmember Dodd and, upon being put to a
vote, the vote was as follows:
Mayor Ed Dodd ave
Vice -Mayor Charles Mauti aye
Council Member Jim Hill aye
Council Member Pamela Parris aye
Council Member Damian Gilliams aye
The Mayor there upon declared this Resolution duly passed and adopted this I st day of July,
2020.
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ATTEST:
7eanette Williams, MMC
City Clerk
CITY OF SSEEBASTIAN, FLORIDA
-`i>
Mayor End Dodd
Approved as to form
reliance byjie City -I
City
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