HomeMy Public PortalAboutResolution 21-10 Mandating Requirement to Wear Face Coverings In Public Places iii
City of McCall
Resolution No. 21-10
A RESOLUTION MANDATING REQUIREMENT TO WEAR FACE
COVERINGS IN PUBLIC PLACES
WHEREAS, COVID-19 was first detected in Wuhan, China in 2019, and since then has
spread to over 216 countries including the United States; and
WHEREAS, as of February 23, 2021 there were 169,584 confirmed cases of COVID-19
in Idaho, 790 confirmed and probable cases of COVID-19 in Valley County and 5 deaths related
to COVID-19 in Valley County, as well as the presence of community spread in Idaho and Valley
County. It is expected that more cases will be diagnosed; and
WHEREAS, the World Health Organization declared COVID-19 a worldwide pandemic
as of March 11, 2020; and
WHEREAS, on March 13, 2020, the President of the United States declared a national
emergency concerning the coronavirus, specifically stating that,in"December 2019 a novel(new)
coronavirus known as SARS-Co V-2 was first detected in Wuhan, Hubei Province, People's
Republic of China, causing outbreaks of the coronavirus disease(COVID-19)that has now spread
globally [...] The spread of COVID-19 within our Nation's communities threatens to strain our
Nation's healthcare systems [...] Additional measures [...] are needed to successfully contain and
combat the virus in the United States"; and
WHEREAS, on March 13, 2020, Idaho Governor Brad Little declared a State of
Emergency and Public Health Emergency in the State of Idaho, stating that with no confirmed
cases in Idaho at that time, Idaho was in the best position to be proactive and get ahead of the
impact coronavirus could have in Idaho; and
WHEREAS, on March 16, 2020 the Valley County Commissioners of the State of Idaho
Declared a State of Emergency Concerning the COVID-19 outbreak; and
WHEREAS, on March 16, 2020 the McCall City Council, Valley County, State of Idaho
Declared a State of Emergency Concerning the COVID-19 outbreak; and
WHEREAS, a significant number of Idaho citizens are at risk of serious health
complications, including death, from COVID-19. Although most individuals who contract
COVID-19 do not become seriously ill, people with mild symptoms, and even asymptomatic
persons with COVID-19, place other vulnerable members of the public at significant risk; and
WHEREAS,a large number of persons with serious infections can compromise the ability
of the healthcare system in Valley County to deliver necessary healthcare to the public; and
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February 25,2021
WHEREAS, Valley County, Idaho is a tourist destination and other mountain resort
communities in the Rocky Mountain region have been the nuclei of infection in their respective
states (Vail, CO; Park City, UT and Sun Valley/Ketchum, ID); and
WHEREAS, as previous public health orders expire or are replaced with less restrictive
orders, Valley County will likely see increasing numbers of visitors from outside the county who
can potentially transmit COVID-19 and at the same time will be more likely to interact with each
other and with local residents as businesses, tourist destinations such as National Parks, and other
services reopen; and
WHEREAS, St. Luke's McCall routinely serves patients not only from within Valley
County but also patients from Adams County, ID,Washington County, ID, Idaho County, ID, and
tourists from all areas who will further stress its capacity, making it critical that City of McCall
take steps to slow the spread of COVID-19 infection so as not to overwhelm the local healthcare
system in such a way that would result in many preventable deaths; and
WHEREAS,there are vulnerable populations in the McCall area including but not limited
to one long-term care facility in McCall with residents at high risk for exposure to COVID-19 and
one Senior Community Center that serves vulnerable and at-risk senior citizens; and
WHEREAS, COVID-19 is a respiratory illness, transmitted through person-to-person
contact or by contact with surfaces contaminated with the virus. Persons infected with COVID-19
may become symptomatic two to fourteen days after exposure; and
WHEREAS, asymptomatic (including pre-symptomatic) infected individuals are
infectious and without mitigation, the current estimate is that 40%-80% of infections occur from
individuals without symptoms. In a study carried out in an isolated village of approximately 3,000
people in northern Italy, it was shown that 50-75% of people with positive pharyngeal molecular
tests were totally asymptomatic. This finding was confirmed by a more recent evaluation carried
out in China, where to avoid a new outbreak of COVID-19, all the people arriving from overseas
were rigorously tested. It was found that among patients with newly identified infections, 78%
were asymptomatic. Universal screening of asymptomatic SARS-CoV-2 in women admitted for
delivery in New York City shows that 13.7% were infected, and that asymptomatic women
accounted for 88% of infected individuals in the study. Of individuals who do become
symptomatic, viral loads are the highest in the pre-symptomatic and early symptomatic phase,
decreasing thereafter; and
WHEREAS, respiratory droplets from infected individuals are a major mode of SARS-
CoV-2 transmission. This understanding is the basis of the recommendations for physical
distancing, and of the PPE guidance for healthcare workers. Droplets do not only come from
coughing or sneezing: in a-/pre-symptomatic individuals, droplets are also generated via talking
and breathing; and
WHEREAS, SARS-CoV-2, the virus that causes COVID-19, may be broadcast in
respiratory droplets "from normal breathing," according to a letter from a committee of the
National Academies of Sciences, Engineering, and Medicine. The letter, sent to the White House
Office of Science and Technology Policy on April 1, cites numerous studies indicating the
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presence of coronavirus in aerosols. In one, air samples collected more than 6 feet from two
patients in COVID-19 isolation rooms tested positive for SARS-CoV-2 RNA. Until some weeks
ago, it was thought that the virus could be transmitted mainly by droplets that are coughed or
sneezed out or by previously contaminated objects, with differences according to the initial load
and surface characteristics. However, the results of some submitted but not yet peer-reviewed
studies seem to indicate the opposite, i.e., the virus can be present in exhaled air produced by
talking and breathing; and
WHEREAS, face coverings reduce droplet dispersal. Cloth-based coverings reduce
emission of particles by variable amounts, for example one study showed that they are almost
completely eliminated. Patients with seasonal coronaviruses (other than SARS-CoV-2) were
randomized to exhale breath with or without surgical face masks on. Viral RNA was detected in
40% of aerosols and 30% of respiratory droplets collected from participants without a face mask
—but in none collected from those wearing a mask. A second study showed that cloth coverings
filtered viral particles during coughing at about 50 to 100% of the filtration efficiency of surgical
masks, depending on fabric,with absolute filtration efficiencies of 50-70%. A third study showed
50% filtering efficiency for airborne particles; and
WHEREAS, evidence indicates that face covering wearing reduces the transmissibility
per contact by reducing transmission of infected droplets in both laboratory and clinical contexts.
Public face covering wearing is most effective at stopping the spread of the virus when compliance
is high. This evidence supports the conclusion that more widespread face covering adoption can
help to control the COVID-19 epidemic by reducing the shedding of droplets into the environment
from asymptomatic individuals. This is also consistent with the experiences of other countries that
have adopted this strategy. One ecological analysis found that, "In countries with cultural norms
or government policies supporting public mask-wearing, per-capita coronavirus mortality
increased on average by just 5.4% each week, as compared with 48% each week in countries that
did not wear masks."; and
WHEREAS, in the most comprehensive, systematic review and meta-analysis of face
coverings published to date, Chu et al. found that face masks could reduce risk of transmission of
COVID-19 by an expected 85 percent; and
WHEREAS,guidelines published by the U.S.Centers for Disease Control(CDC)on April
3, 2020, recommend that all people wear cloth face coverings in public settings where other
physical distancing measures may be difficult to maintain. CDC also advises the use of simple
cloth face coverings 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,on August 11,2020,CDH's Board of Health,at the request of Valley County
leadership, voted to implement a face covering public health order for Valley County; and
WHEREAS, on November 13,2020, Governor Little,by way of the Idaho Department of
Health and Welfare Order of the Director, issued a new Order ("Stage Two Modified Order")
rescinding the October 26 Stay Healthy Order— Stage Three, and moving the state back to Stage
Two of Reopening with modifications to the original orders issued in March; and
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WHEREAS, on November 17, 2020, CDH's Board of Health unanimously approved a
COVID-19 Public Health Advisory for its entire four-county jurisdiction of Ada, Boise, Elmore,
and Valley Counties; and
WHEREAS, on February 2, 2021, Governor Little, by way of the Idaho Department of
Health and Welfare Order of the Director, issued a new Order ("Stage Three Stay Healthy
Guidelines") which includes the following statements regarding face coverings: "Individuals
should wear a face covering over their nose and mouth in indoor public settings or in an outdoor
public space where they are unable to maintain six-feet physical distancing from an individual not
from their household.Anyone who enters a long-term care facility or campus who is not a resident
is required to wear a face covering that covers their nose and mouth at all times."; and
WHEREAS, on February 19, 2021, the Central District Health Board of Directors lifted
the Valley County Mask Order and reissued the Public Health Advisory for Ada, Boise, Elmore,
and Valley counties emphasizing the need for continued COVID-19 health and safety measures;
and
WHEREAS,orders requiring face coverings in total or in part are already in place in other
cities in Idaho, statewide in many U.S. states and in many local areas in other U.S. states; and
WHEREAS, decreased transmissibility due to face covering use could substantially
reduce the death toll and economic impact while the cost of the intervention is low; and
WHEREAS, pursuant to Ordinance 995, Sections 6 B. (6), 6 C. (3) and (5), and 6 D. (3)
and(5), the City Council does declare and issue a Public Health Emergency Order.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MCCALL, VALLEY COUNTY, IDAHO, having duly met on February 25, 2021, at a
regular City Council Meeting,which was properly noticed and open to the public,and having fully
considered the matter at hand, that:
SECTION 1. FACE COVERINGS
Every person, shall, when in any indoor or outdoor public place, completely cover their nose and
mouth, when members of the public are physically present for otherwise unprotected social
interaction.
1. DEFINITIONS: For purposes of this Public Health Emergency Order"public place"shall
mean any place open to all members of public without specific invitation,including but not
necessarily limited to, retail business establishments, government offices, medical,
educational,arts and recreational institutions,public transportation,including taxi cabs and
ridesharing vehicles. "Members of the public" shall mean persons not therein employed,
present without invitation.
2. EXEMPTIONS:
a. Children under the age of 5.
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b. Persons who are hearing impaired, or communicating with a person who is hearing
impaired, where the ability to see the mouth is essential for communication.
c. Persons, including on-duty law-enforcement officers, for whom wearing a face
covering would create a risk to the person related to their work, as determined by local,
state, or federal regulators or workplace safety guidelines.
d. Persons who are obtaining a service involving the nose, face, or head for which
temporary removal of the face covering is necessary to perform the service.
e. Persons who are eating or drinking at a restaurant or other establishment that offers
food or beverage service, so long as the person is able to maintain a distance of 6 feet
away from persons who are not members of the same household or party as the person.
f. Outdoor public places where a person can employ social distancing as recommended
by CDC where the person is able to maintain a distance of 6 feet away from persons
who are not members of the same household or party as the person.
g. Persons who are engaged in indoor exercise,so long as they engage in social distancing.
SECTION 2. PENALTIES
1. Any person who violates any provisions of this Order, shall be guilty of an infraction,
punishable by a fine of$100.
SECTION 3. AFFIRMATIVE DEFENSE
1. It shall be an affirmative defense to a charge of violating this health order if the
defendant/respondent that they suffer from a clinically diagnosed illness or condition where
compliance with this order would jeopardize that person's health. Proof sufficient to sustain
this affirmative defense may include medical documentation or testimony.
SECTION 4. EFFECTIVE DATE AND SUNSET DATE
This Emergency Order shall take effect at 12:00 a.m., on February 26, 2021 and shall remain in
effect until April 11, 2021 unless extended by the City Council.
PASSED and approved by the City Council of the City of McCall this 25th day of February
2021
Signed:
Robert S. Giles,Mayor
ATTEST:
1 certify that the above Resolution was duly adopted by the City Council of the City of McCall
on February 25, 2021 by t e following vote: Ayes:
`` ,� Nos: l
,,,%0 OF McC, ii4 Absent:
By `�
BessieJo Wa er, City erk
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