HomeMy Public PortalAboutOrdinance 479 Emergency Ordinance Requiring Face Coverings During Coronavirus TOWN OF FRASER
ORDINANCE NO. 479
Series 2020
AN EMERGENCY ORDINANCE REQUIRING FACE COVERINGS DURING
THE CORONAVIRUS (COVID-19) PUBLIC HEALTH EMERGENCY
WHEREAS, by Resolution No. 2020-04-02 the Board of Trustees declared that a
disaster emergency relating to the coronavirus (COVID-19) exists within the Town of
Fraser; and
WHEREAS, the Board of Trustees hereby finds and determines that such
emergency continues as an ongoing public health emergency (the "public health
emergency") due to the continued presence of the COVID-19 virus and the threat of
infection from such virus; and
WHEREAS, the public health emergency shall remain in effect until the Town
Board declares that the emergency has passed; and
WHEREAS, the Board of Trustees reaffirms that protecting public health is the
Board's top priority; and
WHEREAS, the Board of Trustees is empowered by Section 31-15-401(1)(b),
C.R.S., and other provisions of Colorado law, to do all acts and make all regulations
which may be necessary or expedient for the promotion of health or the suppression of
disease; and
WHEREAS, the Governor of the State of Colorado and the Colorado Department
of Public Health and Environment have acknowledged that the wearing of face
coverings in public settings is beneficial and helps to prevent the spread of COVID-19;
and
WHEREAS, this ordinance is adopted to attempt to limit the health impacts of
COVID19 within the Town of Fraser by establishing requirements for the public to utilize
face coverings when inside places of business within the Town that are open to the
public, or when members of the public are unable to maintain safe social distancing (six
or more feet separation) from others not of their own household, and to thereby slow the
spread of COVID-19 within the Town, all as more fully set forth in this ordinance; and
WHEREAS, the Board of Trustees finds and determines that the adoption of this
ordinance is necessary for the promotion of health and the suppression of disease; and
WHEREAS, the Board of Trustees further finds and determines that the adoption
of this ordinance is proper under Section 31-15-401(1)(b), C.R.S., and other applicable
law.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO:
Section 1. Definitions. As used in this ordinance "face covering" means a uniform
piece of material that securely covers a person's nose and mouth and remains affixed
in place without the use of one's hands.
Section 2. Face Covering Required. Every person shall wear a face covering:
A. When entering and while inside of a place of business open to the public; and
B. In such other public indoor or outdoor places where such person is unable to
maintain safe social distancing (six or more feet separation) from others not of
the person's own household.
Section 3. Exceptions. Nothing in this ordinance shall be interpreted or construed
to require the wearing of face coverings by the following persons:
A. Persons under the age of two (2) years; and
B. Persons for whom a face covering would cause impairment due to an existing
health condition; and
C. Persons working in a professional office who do not have any face-to-face
interactions with the public.
D. Persons seated in beverage and/or food establishments following state and
local public health orders.
E. Indoor business or meeting rooms where social distancing is provided and
while persons are seated.
Section 4. General Information For All Persons. Pursuant to federal Centers for
Disease Control guidance, the public is strongly encouraged to wear cloth face
coverings that:
A. Fit snugly but comfortably against the side of the face;
B. Are secured with ties or ear loops;
C. Include multiple layers of fabric;
D. Allow for breathing without restriction; and
- 2 -
E. Are able to be laundered and machine dried without damage or change to
shape.
Section 5. Violations; Penalties.
A. Any violation of the provision of this Ordinance shall be punished as set forth
in Section 1-4-10 of the Fraser Municipal Code, provided, however, that any
such violation of this Ordinance shall be an infraction, punishable only by a
fine, and not to include the imposition of any form of imprisonment.
B. Any person found to have violated any provision of this ordinance, or against
whom a default judgment has been entered for any violation of this ordinance
shall be punished by a fine as follows:
Offense No. Fine
Amount
First Offense $ 50.00
Second $250.00
Offense
Third Offense and $500.00
Each Subsequent
Offense
Section 6. Findings. The Board of Trustees hereby finds, determines and
declares that this ordinance:
A. Is necessary and proper to provide for the safety, preserve the health,
promote the prosperity, and improve the order, comfort and convenience of
the Town of Fraser and the inhabitants thereof.
B. Is necessary for the promotion of health and the suppression of disease
Section 7. Direction to Enforce Ordinance. The Police Chief of the Town of
Fraser, and all officers of the Town's Police Department, are authorized to enforce this
Ordinance until the Town Board has declared that the public health emergency as
defined above has passed. Nothing in this Section 7 shall prevent the Police Chief or
any officer of the Town's Police Department from testifying in court with respect to an
alleged violation of this Ordinance that occurred prior to the Mayor's declaration that the
public health emergency in the Town has passed.
Section 8. Authority. The Board of Trustees hereby finds, determines and
- 3 -
declares that it has the power to adopt this ordinance pursuant to the provisions of
Section 31-15-401(1)(b), C.R.S., and other applicable Colorado law.
Section 9. Emergency Declaration. The Board of Trustees of the Town of Fraser
hereby finds, determines and declares that an emergency exists and that this ordinance
is necessary for the immediate preservation of public property, health, welfare, peace or
safety for the reasons enumerated in the introductory paragraphs of this ordinance,
which are incorporated into this Section 9 by reference. The Board of Trustees further
determines that the adoption of this ordinance as an emergency ordinance is in the best
interest of the citizens of the Town of Fraser.
Section 10. Effective Date. Pursuant to Section 31-16-105, C.R.S., this
Ordinance shall take effect and be in full force upon adoption of this Ordinance by the
affirmative votes of at least six (6) members of the Board of Trustees.
Section 11. Repeal. This ordinance shall be automatically repealed at such time
as the Town Board of the Town of Fraser declares that the COVID-19 public health
emergency within the Town has passed.
Section 12. Publication of Ordinance. This ordinance shall be published in full
within ten (10) days after adoption, or as soon thereafter as possible as required by law.
ADOPTED AND APPROVED as an Emergency Ordinance this 7 day of
3\Ni , 2020.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS _ �] day of Std , 2020.
Votes in favor: 6, BOARD OF TRUSTEES OF THE
Votes opposed: 0 a •F FR ER, COLO ADO
Votes abstained: 0
F BY:7OF SFS, Phili. Vandernail, Mayor
SEAL AsT: \ Y1 ,
( AL ) v�
coCOR ie/ Antoinette McVeigh, Town Clerk
r
Published in the Middle Park Times on -SU l� D,g).41)
- 4 -