HomeMy WebLinkAbout2021-004ORDINANCE NO. 2021-004
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR ADOPTION OF
RECITALS; PROVIDING FOR FACE COVERING REQUIREMENTS AND
EXCEPTIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT;
PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICT,
SUNSET DATE AND AN EFFECTIVE DATE.
WHEREAS, COVID-19, a respiratory illness caused by a virus that spreads rapidly
from person to person that can cause serious illness or death, constitutes a clear and
present threat to the lives, health, welfare, and safety of the people of Indian River County;
and
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, the Centers for Disease Control and Prevention (CDC) advises that
COVID-19 spreads mainly from person to person through respiratory droplets produced
when an infected person coughs, sneezes or talks; these droplets can land in the mouths
or noses of people who are nearby or possibly be inhaled into the lungs; and studies and
evidence on infection control report that these droplets usually travel around 6 feet; and
WHEREAS, The CDC advises that a significant portion of individuals with
coronavirus lack symptoms ("asymptomatic") and that even those who eventually develop
symptoms ("pre -symptomatic") can transmit the virus to others before showing
symptoms. This means that the virus can spread between people interacting in close
proximity -- for example, speaking, coughing, or sneezing -- even if those people are not
exhibiting symptoms; and
WHEREAS, the CDC recommends wearing cloth face coverings in public settings
where other social distancing measures are difficult to maintain in order to slow the spread
of the virus and help people who may have the virus and do not know it from transmitting
it to others; and
WHEREAS, The CDC does not recommend wearing cloth face covering for
children under the age of 2, or anyone who has trouble breathing, or is unconscious,
incapacitated or otherwise unable to remove the mask without assistance; and
WHEREAS, cloth face coverings are relatively inexpensive and readily available
as the CDC states they can be made from household items and provides online guidance
for making "do-it-yourself' coverings for people that cannot or do not want to buy one from
the increasing sources producing and selling coverings; and
ORDINANCE NO. 2021-004
WHEREAS, the CDC, the Florida Department of Health and the University of
Florida recommend the use of face coverings, including those which are homemade to.
slow the spread of the disease; and
WHEREAS, in a recent United States Supreme Court Case, the Court denied
injunctive relief where California limited attendance at places of worship due to COVID-
19. Chief Justice Roberts described COVID-19 as "a novel severe acute respiratory
illness that has killed... more than 100,000 nationwide" and noted that "(a)t this time there
is no known cure, no effective treatment, and no vaccine" and "(b)ecause people may be
infected but asymptomatic, they may unwittingly infect others." Chief Justice Roberts also
stated the precise question of when restrictions on particular social activities should be
lifted during the pandemic is a dynamic and fact -intensive matter subject to reasonable
disagreement. Our Constitution principally entrusts '(t)he safety and the health of the
people' to the politically accountable officials of the States' to guard and protect' ... When
those officials'undertakeo to act in areas fraught with medical and scientific uncertainties,
'their latitude' must be especially broad.' ... Where those broad limits are not exceeded,
they should not be subject to second-guessing by 'an unelected federal judiciary,' which
lacks the background, competence, and expertise to assess public health and is not
accountable to the people." S. Bay United Pentecostal Church v. Newsom, 140 S. Ct.
1613; and
WHEREAS, Alachua County issued Emergency Order 2020-21 requiring face
masks in certain circumstances. The County's Emergency Order was challenged in State
Circuit Court and in Federal District Court. Both Courts issued Orders denying Plaintiffs'
Emergency Motions for Temporary Injunction. In denying the request for temporary
injunction, State Circuit Judge Donna M. Keim stated, "The protection of the safety and
welfare of the public is inherent in the role of local government ... The requirement to wear
a facial covering during the,limited circumstances set forth in the ordinance is a minimal
inconvenience; and, its benefits to the public in potentially reducing the spread of COVID-
19 outweighs any inconvenience." "Here, there is a global pandemic involving COVID-
19, a virus which the CDC and others advise is spread through airborne transmission and
is spread by asymptomatic individuals. Multiple sources relied upon by the County reflect
that mitigation is dependent upon the use of social distancing and personal protection
equipment, such as face masks/coverings. The County's need to take measures to control
the spread of COVID-19 clearly outweighs the Plaintiffs private interest in not wearing a
mask in the limited circumstances required by the county's emergency order; and an
injunction in this situation would disserve the public interest." Green v. Alachua County,
Case No.: 01- 2020- CA- 001249 (Order dated May 26, 2020). See also: Ham v. Alachua
County Board of County Commissioners et. al., Case No. 1: 20cv111- MW/ GRJ (Order
dated June 3, 2020 by Chief United States District Judge Mark E. Walker) ("Plaintiffs have
not demonstrated that Alachua County exceeded its broad limits and this Court, like the
Supreme Court, will not engage in secondguessing"); and
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ORDINANCE NO. 2021-004
WHEREAS, the Florida Medical Association President Dr. Ronald Giffler 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. 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, additional steps are needed to minimize the spread of COVID- 19 in
response to the recent spike in positive COVID-19 cases and hospital admittances; and
WHEREAS, per CDC guidance, persons working in restaurants and businesses
frequently come into close contact with members of the public and thus have a greater
risk of spreading COVID-19. Wearing face coverings will significantly help reduce the
spread of COVID-19 in Indian River County; and
WHEREAS, on June 26, 2020, the County Administrator issued Emergency Order
No. 20-15 concerning face coverings; and
WHEREAS, in determining whether to enact this Ordinance, the Indian River
County Board of County Commissioners considered information received from the
Department of Health, the State Surgeon General, the CDC and other health care
providers and medical professionals regarding challenges raised at this point in time by
COVID-19; and
WHEREAS, adopting face covering requirements via ordinance, as opposed to
local emergency powers, would, permit enforcement through civil citations and fines
instead of criminal prosecution as a second-degree misdemeanor; and
WHEREAS, on July 14, 2020, the Board enacted Ordinance 2020-09, which
established certain face covering requirements and recommendations; and
WHEREAS, on September 15, 2020, the Board enacted Ordinance 2020-10,
which continued and established certain face covering requirements and
recommendations; and
WHEREAS, on November 17, 2020, the Board enacted Ordinance 2020-17, which
continued the face covering requirements and recommendations; and
WHEREAS, Ordinance 2020-17 sunsets on January 19, 2021,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Recitals Adopted
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ORDINANCE NO. 2021- 004
Each of the recitals set forth above is hereby adopted, re -adopted and incorporated herein
and adopted as the legislative findings of the Indian River County Board of County
Commissioners.
Section 2. Face Coverings
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 shall wear face coverings.
2. All persons entering an indoor County facility including, but not limited to; the
County Administration Building, libraries, iG center, fire rescue stations, etc.
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 Indian River County
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. EXCEPTIONS: A face covering shall not be required for the following persons:
A. Persons under the age of six years;
B. Employees for whom a face covering would cause impairment due to an
existing health condition or disability;
C. Persons working in a business or profession who maintain social
distancing from another person or work in their personal office with no interactions
from other persons;
D. 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;
E. Persons exercising, while maintaining social distancing;
F. Persons eating or drinking;
G. 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
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ORDINANCE NO. 2021- 004
H. 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.
Section 3. Penalties and Enforcement.
Consistent with Executive Order 20-244, there shall be no collection of fines and penalties
from individuals for any violation of this Ordinance.
Section 4. Geographic Applicability.
This Ordinance shall apply throughout the unincorporated areas of Indian River County
and in County buildings and facilities in the incorporated areas of Indian River County.
Section 5. Severability.
If any part of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall
remain in full force and effect.
Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 7. Sunset Date. This Ordinance shall sunset on July 13, 2021.
Section 8. Effective Date. This ordinance shall become effective upon adoption by the
Board of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 3rd day of
January, 2021, for a public hearing to be held on the 19th day of January, 2021, at which
time it was moved for adoption by Commissioner O'Bryan, seconded by Commissioner
Adams, and adopted. The vote on this ordinance was as follows:
Chairman Joseph E. Flescher
NAY
Vice -Chairman Peter D. O'Bryan
AYE
Commissioner Susan Adams
AYE
Commissioner Joseph H. Earman
AYE
Commissioner Laura Moss
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 19th day
of January, 2021.
API IR,OVED AS TO FORM
.ale AID LEGAL SUFFICIENCY
I YLAN RElN�,O _15 �-
00UNTY ATTORNEY
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BOARD OF COUNTY
COMMISSIONERS OF
COUNTY, FLO A
By _ /-3
oseph E. Flescher,
Chairm
U'�T r �o��oP•
ORDINANCE NO. 2021- 004
ATTEST: Jeffrey R. Smith, Clerk
and Co ptroller
By:
Deputy Clerk
This Ordinance was filed by email with the Department of State on theAT"-day of
January, 2021.
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