Page 1 ORDINANCE NO. AN ORDINANCE REQUIRING THE WEARING OF FACE COVERINGS IN PUBLIC PLACES IN THE CITY OF PRICHARD, ALABAMA DURING THE COVID-19 HEALTH EMERGENCY WHEREAS, the City Council of the City of Prichard, Alabama recognizes the emergency declarations of the President of the United States, the Governor of the State of Alabama, and the Mayor of the City of Prichard, Alabama related to the spread of COVID- 19 disease in the United States of America, the State of Alabama and the City of Prichard, Alabama; and, WHEREAS, more than a year ago, by Proclamation dated March 13, 2020, the Governor of the State of Alabama found that the appearance of COVID-19 in the State of Alabama created the potential of widespread exposure to an infectious agent that poses a significant risk of substantial harm to a substantial number of people and declared a state of public health emergency under Section 31-9-1, et seq., of the Code of Alabama 1975; and WHEREAS, many restrictions on businesses and the public have been lifted or reduced; and WHEREAS, the general statewide requirements for wearing masks or face coverings in public that have been in place since July 15, 2020 are set to expire on April 9, 2021; and WHEREAS, the City Council finds that the City of Prichard, Alabama is located within Mobile County, Alabama which County, according to Covid Act Now, remains an elevated risk category for which the White House Covid-19 Task Force and the CDC recommend continuing precautions, such as social distancing and wearing of facial masks due to the number of new cases and positive test rate; and WHEREAS, COVID-19 is a disease, previously unknown in humans, which can cause upper-respiratory tract illnesses that can range from mild to severe, and which spreads quickly, and may cause death, particularly in older adults and persons with certain chronic medical conditions; and WHEREAS, the City of Prichard is threatened by COVID-19 because of the extraordinary ability of the virus to spread rapid among humans, and COVID-19 thereby constitutes a continuing clear and present threat to the health, safety, and welfare of the citizens and visitors of the City; and WHEREAS, the Centers for Disease Control (“CDC”) has found that significant portion of individuals with the novel Coronavirus lacks symptoms and those that eventually 1 Page 2 2 develop symptoms can transmit the virus to others before any symptoms appear, meaning that the virus can be spread between people interacting in close proximity to each other by actions such as speaking, coughing, or sneezing, even without exhibiting symptoms; and WHEREAS, in light of this evidence, CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain, for example, grocery stores, pharmacies and other businesses people must visit to acquire goods and services necessary to maintain their comfort and wellbeing; and WHEREAS, the spread and effect of COVID-19 has created a humanitarian crisis of unanticipated proportions; and WHEREAS, as of April 7, 2021, the State of Alabama has reported more than 517,000 cases of COVID-19, including 10,675 deaths; and WHEREAS, as of April 7, 2021, Mobile County, Alabama, the county in which the City of Prichard is situated, has reported 37,661 cases of COVID-19 and more than 796 deaths; and WHEREAS, according to the CDC, while COVID-19 vaccines are effective, there are remaining questions as to how the vaccines will affect the spread of the disease and the effect on the emerging variants of the virus and, therefore, the CDC recommend that people continue precautions such as wearing a mask, maintaining social distancing requirements, and avoid crowds and poorly ventilated spaces until more is known about the effectiveness and impact of the vaccines on the spread of COVID-19; and WHEREAS, the City Council desires to safely return the public to jobs and regular activities; and WHEREAS, The City Council recognizes that it is critical to continue following CDC guidance to use masks or facial coverings to aid in slowing the spread of the virus while there is still a significant portion of population that is unvaccinated; and WHEREAS, members of households with vulnerable individuals need to use all reasonable precautions to avoid potential exposure to the virus; and WHEREAS, the City Council finds that it is in the best interest of the public health, welfare and safety to preserve the lives of citizens of the City to require that masks, consisting of at least simple cloth face coverings, be worn by persons when interacting in public spaces in the City of Prichard while efforts to vaccinate a significant portion of the population continue; and WHEREAS, pursuant to Ala. Code Section 1 1-45-1, the City Council is authorized to adopt ordinances to preserve the health and welfare of the inhabitants of the municipality; and Page 3 WHEREAS, the City Council of the City of Prichard, Alabama has authority under Ala. Code, Sec. 11-47-130 to maintain the health and cleanliness of the City of Prichard, Alabama; and WHEREAS, the City Council of the City of Prichard, Alabama has authority under Ala. Code, Sec, 11-47-131, by ordinance, to prevent the introduction of contagious, infectious, or pestilential diseases into the City and to establish and regulate a sufficient quarantine, not inconsistent with laws of the state, in the City and to punish any breach of said laws; and, WHEREAS, the Council finds that an emergency of unprecedented size resulting from the natural cause of community spread of a novel human coronavirus disease, COVID- 19, has occurred in the City of Prichard; and, WHEREAS, the City Council of the City of Prichard, Alabama finds that COVID-19 presents a clear and present threat to the health, safety and welfare of the residents of the City of Prichard, and that it is in the best interests of the community to require the wearing of face coverings to help control community spread of COVID-19 and to promote the efficient and continued operation of government. WHEREAS, the City Council desires to safely return the public to jobs and regular activities; and WHEREAS, the City Council recognizes that it is critical to continue following CDC guidance to use masks or facial coverings to aid in slowing the spread of the virus while there is still a significant portion of the population that is unvaccinated; and WHEREAS, members of households with vulnerable individuals need to use all reasonable precautions to avoid potential exposure to the virus; and WHEREAS, the City Council of the City of Prichard finds that it is in the best interest of the public health, welfare, and safety to preserve the lives of citizens of the City, to require that masks, consisting of at least simple cloth face coverings, be worn by persons when interacting in public spaces in the City of Prichard while efforts to vaccinate a significant portion of the population continue. NOW THEREFOREE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRICHARD, ALABAMA, AS FOLLOWS: SECTION 1. Definitions. 1. Face Covering or mask — shall mean a device to cover the nose and mouth of a person to impede the spread of saliva or other fluids during speaking, coughing, sneezing or other intentional or involuntary action. Medical grade masks are not required; coverings may be fashioned from two (2) or more layers of suitable 3 Page 4 fabric. The mask must cover the mouth and nose of the wearer and fit snugly, byt comfortably, against the face. 2. Public place — any place other than an individual’s home or personal vehicle; provided, however, that face coverings or masks should be worn when interacting with someone other than a member of the household at home or when traveling with someone who is not a member of the household. 3. Vulnerable individuais — Elderly individuals or individuals with serious underlying health conditions, including heart disease, high blood pressure, chronic lung disease, diabetes, obesity, asthma, and those whose immune system is compromised or weakened, such as due to genetic defects or as a result of chemotherapy or other conditions. SECTION 2. Face Covering Required. Face coverings or masks shall be worn at all times by persons over the age of six (6) years and who can medically tolerate doing so when in public places within the City of Prichard. Persons working alone in separate office spaces or in non-public workplaces where there is more than adequate social distancing area, based on the size of and number of people in the space (indoors or out of doors) need not wear a face covering or mask at all times. However, such persons must be prepared to don and wear a face covering or mask when interacting with others in groups of 10 or more persons or in groups of any size where social distancing of more than six (6) feet cannot be consistently maintained. SECTION 3. Face Covering Applicable. The requirement to wear face coverings or masks shall apply to all persons, whether employees or customers or clients of businesses within the City of Prichard and its police jurisdiction. SECTION 4. Face Covering Exceptions. 1. Face Coverings or masks are not required to be worn over the face during individual outdoor exercise, for example, walking or jogging, but must be worn when encountering and interacting with groups of other people in a park or other public place. For the purpose of this subsection, “exercise” includes other forms of physical exertion, whether for recreation or work, where unrestricted breathing is needed to perform the activity. 2. Children two (2) years of age and under are not required to wear masks, as face coverings or masks may pose a risk of choking, strangulation or suffocation to infants and young toddlers. Carriers and strollers with coverings that allow thee child to breathe comfortably are alternatives for infants and young toddlers. Page 5 a. Parents, guardians, and caregivers shall be responsible for ensuring proper masking of children over the age of six (6) years when in public but must ensure that the face covering or mask does not pose a choking hazard for the children older without obstructing a child’s ability to breathe. b. Parents, guardians and caregivers shall exercise judgment and avoid bringing children not wearing face coverings or masks into public places, especially where contact with vulnerable individuals is expected, due to concerns of health officials that children may be asymptomatic spreaders of COVID-19. ¢. Daycare facilities and other childcare establishments shall provide parents with information on the facility’s procedures for use of face coverings or masks. Where the consistent use of face coverings or masks are not possible due to supervision of multiple children, the facility shall adhere to sanitary, hygienic and face covering practices to the maximum extent practicable. 3. Patients in examination rooms of medical or dental offices or clinics or hospitals where there is a necessity to examine or treat the mouth or nasal area, subject to the direction of the medical or dental professionals in charge of the office, clinic or hospital. 4. When wearing a face covering or mask poses a greater mental or physical health, safety or security risk such as anyone who has trouble, or is unconscious, incapacitated or otherwise unable to remove the cover without assistance. For purposes of this subsection, “safety risk” shall include external factors, such as, but not limited to, where wearing a face covering or mask may pose a risk to persons working on ladders or at height, wearing other respiratory protection, heavy physical exertion or operating heavy equipment or operating in an environment where a face covering or mask hinders communications. However, employers are encouraged to structure work to promote social distancing and limit close contact as much as possible within workplaces where face coverings or masks may pose such risks. 5. When eating or drinking in public at a restaurant, bar or other food or beverage establishment operating under conditions required by the state health officer’s, order. 6. The facial-covering requirement does not apply to: (i) Any person who is voting, though wearing a face covering is strongly encouraged; or Page 6 (ii) | Any person who cannot wear a facial covering because he or she is actively providing or obtaining access to religious worship, though wearing a face covering is strongly encouraged. SECTION 5. Business owners, managers and supervisors shall ensure that employees, customers, clients and/or visitors observe the requirement for face coverings or masks while at the place of business, as provide in Section 2, above. Businesses are strongly encouraged to follow the current guidance from the Alabama Department of Public Health and CDC relate to safe operations, including a specific guidance or regulations for certain businesses with interpersonal interactions, including, but not limited to, restaurants, athletic facilities, closed contact personal service businesses, and places of worship, as well as for businesses generally. Effective February 2, 2021, a CDC order requires that facemasks or proper coverings be worn on all public conveyances and at all public transportation hubs. This shall not be interpreted as requiring businesses to provide face coverings or masks to employees or authorizing any business that remains closed pursuant to an order of the state or county health officer to operate until authorized by the appropriate health officer. SECTION 6. Reusable face coverings or masks must be kept clean and sanitary, including regular washing at least daily. SECTION 7. This Ordinance shall remain in effect until 11:59 p.m. on May 18, 2021. On or before May 11, 2021, this Ordinance shall be evaluated to determine if, in accordance with federal, state and local authorities, including the appropriate health authority(ies), the Covid-19 emergency conditions require continuation or modification of this Ordinance or if it shall expire without amendment. This Ordinance may be reviewed prior to May 18th as needed by the Council to determine if changed conditions warrant amendment or repeal. SECTION 8. To the extent that this Ordinance is in conflict with other ordinances of the city, this Ordinance shall supercede the others until this Ordinance is amended or repealed. ; SECTION 9. Failure to comply with this Ordinance is punishable upon a finding of guilty or plea of guilty: a. a fine of $25.00 for a first offense; b. a fine of $100.00 for a second offense: c. a fine of $250.00 for a third offense; and d. subsequent offenses a fine not to exceed $500.00. SECTION 10. If any subsection, sentence, clause, phrase, or word of this Ordinance Page 7 or any application of it to any person, structure or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 11. This Ordinance shall be limited in application and effect SECTION 12. This Ordinance shall become effective immediately upon its passage, approval and publication or as otherwise provided by law. ¢ ADOPTED this the /2** day of April, 2021. SSIA ED S, President City Council of the City of Prichard, Alabama t APPROVED this the__/Z/" day of April, 2021. JIMMIE GARDNER, Mayor ity of Prichard, Alabama