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Last modified
7/16/2020 11:13:51 AM
Creation date
7/16/2020 11:13:24 AM
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Ordinances
Ordinance Number
2020-009
Adopted Date
07/14/2020
Agenda Item Number
10.A.3.
Ordinance Type
Adoption of Recitals
State Filed Date
07\15\2020
Entity Name
Indian River County
Subject
Face Covering Requirements
Providing for Penalties and Enforcement, Setting Effective Dates
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ORDINANCE NO. 2020-009 <br />the spread of the virus and help people who may have the virus and do not know it from <br />transmitting it to others; and <br />WHEREAS, The CDC does not recommend wearing cloth face covering for <br />children under the age of 2, or anyone who has trouble breathing, or is unconscious, <br />incapacitated or otherwise unable to remove the mask without assistance; and <br />WHEREAS, Cloth face coverings are relatively inexpensive and readily available <br />as the CDC states they can be made from household items and provides online <br />guidance for making "do-it-yourself' coverings for people that cannot or do not want to <br />buy one from the increasing sources producing and selling coverings; and <br />WHEREAS, the CDC, the Florida Department of Health and the University of <br />Florida recommend the use of face coverings, including those which are homemade to <br />slow the spread of the disease; and <br />WHEREAS, the gradual reopening of the State and the County will lead to more <br />contact between individuals and lead to more potential for the increased community <br />spread of the disease. Face masks are of great assistance in preventing individuals <br />from spreading it to other individuals; and <br />WHEREAS, Governor DeSantis, on April 29, 2020, issued Executive Order 20- <br />112 designed to ease some restrictions established by Executive Order 20-91 in the first <br />phase of a plan to fully reopen the State; and <br />WHEREAS, Executive Order 20-112 does not preempt the authority of local <br />governments to add additional restrictions to businesses opened by the Governor; and <br />WHEREAS, in a recent United States Supreme Court Case, the Court denied <br />injunctive relief where California limited attendance at places of worship due to COVID- <br />19. Chief Justice Roberts described COVID-19 as "a novel severe acute respiratory <br />illness that has killed... more than 100,000 nationwide" and noted that "(a)t this time <br />there is no known cure, no effective treatment, and no vaccine" and "(b)ecause people <br />may be infected but asymptomatic, they may unwittingly infect others." Chief Justice <br />Roberts also stated the precise question of when restrictions on particular social <br />activities should be lifted during the pandemic is a dynamic and fact -intensive matter <br />subject to reasonable disagreement. Our Constitution principally entrusts '(t)he safety <br />and the health of the people' to the politically accountable officials of the States ' to <br />guard and protect' ... When those officials 'undertake() to act in areas fraught with <br />medical and scientific uncertainties, 'their latitude' must be especially broad.' ... Where <br />those broad limits are not exceeded, they should not be subject to second-guessing by <br />,an unelected federal judiciary,' which lacks the background, competence, and expertise <br />to assess public health and is not accountable to the people." S. Bay United Pentecostal <br />Church v. Newsom, 140 S. Ct. 1613; and <br />WHEREAS, Alachua County issued Emergency Order 2020-21 requiring face <br />masks in certain circumstances. The County's Emergency Order was challenged in <br />2 <br />
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