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HomeMy WebLinkAboutR-20-32 Encourage Voluntary Face MaskEMERGENCY RESOLUTION NO. R-20-32 AN EMERGENCY RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION R-20-08 1N ITS ENTIRETY, TO ENCOURAGE VOLUNTARY COMPLIANCE OF WEARING FACE COVERINGS WHEN IN PUBLIC, REQUIRING ALL PERSONS ENTERING A CITY FACILITY THAT CANNOT MAINTAIN SOCIAL DISTANCING TO WEAR FACE COVERINGS; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; 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 Giffler 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 Page I of 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, as follows: SECTION 1. CRITERIAS 1. All persons entering an indoor City facility including, but not limited to; the City Hall, City Council Chambers, 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. 2. All persons utilizing public transit and transportation in Indian River County shall wear face coverings. 3. All other persons physically present in any public place in the City of Sebastian are strongly encouraged to wear face coverings. 4. 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. 5. 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. 6. 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; 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; Page 2 of 4 L 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. THIS EMERGENCY RESOLUTION shall be in effect in the City of Sebastian, immediately upon its adoption 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. RATIFICATION OF RECITALS. The foregoing recitals are hereby ratified and confirmed as true and correct and are hereby made a part of this Resolution. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. SEVERABH.ITY. The provisions of this Resolution are intended to be severable. If any part of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. SECTION 5. SCRIVENER'S ERRORS. 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 the City Council by filing a corrected copy of same with the City Clerk. SECTION 6. REPEAL. This Resolution repeals Resolution R-20-08 in its entirety. SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member Hill The motion was seconded by Council Member Jones and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice Mayor Jim Hill aye Council Member Fred Jones aye Council Member Christopher Nunn aye Council Member Bob McPartlan aye The Mayor there upon declared this Resolution duly passed and adopted this 9th day of December, 2020. Page 3 of 4 ATTEST: anette Williams, MMC bA* t2 - ity Clerk CITY OF SEBASTIAN, FLORIDA---- By: Mayor Ed Dodd =-- - - Approved as to form and legality for reliance by the City o ebasti only: =. _ .nny on Jr., ' A omey Page 4 of 4