Item Coversheet
      

5919 MAIN STREET .  NEW PORT RICHEY, FL 34652 . 727.853.1016


TO:City of New Port Richey City Council
FROM:Debbie L. Manns, City Manager
DATE:6/30/2020
RE:Emergency Ordinance No. 2020-2203: Requiring Face Coverings in Public Indoor Places - Page 3

REQUEST:
The request is for City Council to adopt Emergency Ordinance No. 2020-2203 which sets forth indoor public safety requirements that mandate individuals wear a face covering in public indoor places. 


DISCUSSION
:

As you are aware, the COVID-19 pandemic has had a tremendous impact on our community.  The total amount of positive cases has increased dramatically over the last couple of weeks. The Center for Disease Control and the Surgeon General for the State of Florida advise that the public wear cloth face coverings in public settings where other social distancing measures are difficult to maintain to slow and prevent the transmission of COVID-19.

 

Staff has worked closely with special counsel, Bryant Miller Olive, to draft an emergency ordinance which addresses this major health concern. The requirements set forth in the emergency ordinance are as follows:

 

  • Medical and surgical face masks, such as N-95 masks or other similar medical or surgical masks, are in short supply and should be reserved for health care personnel and other first responders with the greatest need for such personal protective equipment.
  • Nothing herein shall require or allow a person to wear a Face Covering so as to conceal the identity of the wearer in violation of Chapter 876, Florida Statutes.
  • All persons within any indoor location of a business or government operation that is open to the public in the City of New Port Richey shall be required to wear a Face Covering when not maintaining social distancing from other person(s), excluding family members or others residing in their home.
  • All businesses shall be required to ensure compliance with and enforce the provisions of this Emergency Ordinance. Business Operators and building owners, and those authorized on their behalf, shall be required to ensure compliance with this Emergency Ordinance and shall (1) deny admittance to any indoor business location under their control to any persons who fail to comply with the requirements of this Emergency Ordinance and (2) require or compel the removal from any indoor business location under their control of any persons who fail to adhere to the requirements of this Emergency Ordinance.
  • Every business is strongly encouraged to develop and implement a health and safety plan consistent with this Emergency Ordinance requiring protective Face Coverings and adherence to CDC guidelines and to post the plan in a conspicuous location sufficient to provide notice to persons within the business of the requirements of the plan.

 

 

The following exemptions are included in the ordinance:

  • Persons under the age of two years; and
  • Persons observing social distancing in accordance with CDC guidelines; and
  • Persons whom a Face Covering would cause impairment due to an existing health condition; and
  • Persons working in a business or profession who do not have interactions with other persons; and
  • Persons working in a business or profession who maintain social distancing from another person; and
  • 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; and
  • Persons exercising, while maintaining social distancing; and
  • Persons engaging in indoor sporting activities, so long as the facility has its own health and safety plan consistent with this Emergency Ordinance; and
  • Persons eating or drinking; and
  • Public safety, fire, and other life safety and health care personnel, as their personal protective equipment requirements will be governed by their respective agencies; and
  • 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; and
  • The requirement shall not be applied in a manner that would conflict with the Americans with Disabilities Act. 

 

 

All persons within any indoor location not subject to the requirements of this Emergency Ordinance are strongly encouraged to follow appropriate social distancing and safety protocols issued by the CDC. 

 

 Pursuant to Section 2.14 of the New Port Richey City Code, the City Council has determined that COVID-19 is a public emergency affecting the life, health, property or the public peace of the City’s residents and is authorized to adopt this Emergency Ordinance at the meeting at which it is introduced. The stricter mitigation measures imposed by this emergency ordinance are necessary only until the threat of a widespread outbreak of COVID-19 within the City has passed and is intended to be temporary.

 

On June 23, 2020, Pasco County Administrator Dan Biles signed an Executive Order which requires the public to wear face coverings in indoor places. The City's emergency ordinance provisions coincide with the County's requirements to maintain continuity throughout our community.  A copy of Pasco County's Executive Order along with letters of support from Advent Health and BayCare for their Order are attached to this agenda item for reference.  Also attached is a copy of the public health advisory issued by the Florida Surgeon General on June 20, 2020 urging everyone to wear face coverings while they are in public indoor places.  



RECOMMENDATION:

Staff recommends that City Council adopt Emergency Ordinance No. 2020-2203 which sets forth indoor public safety requirements that mandate individuals wear a face covering in public indoor places as submitted. 

BUDGET/FISCAL IMPACT:

No funding is required for this item. 
ATTACHMENTS:
DescriptionType
Emergency Ordinance No. 2020-2203: Requiring Face Coverings in Public Indoor PlacesOrdinance
June 23, 2020 Pasco County Executive OrderBackup Material
Pasco County Letter of Support from Advent HealthBackup Material
Pasco County Letter of Support from BayCareBackup Material
June 20, 2020 Florida Surgeon General Public Health AdvisoryBackup Material