HomeMy Public PortalAbout20-2017 - Face Masks and Coverings Related to COVID-19ORDINANCE NO. 20-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, ADDING
SECTION 3708.1 (FACE MASKS AND COVERINGS RELATED TO COVID-19) TO CHAPTER 7
(EMERGENCY ORGANIZATION) OF ARTICLE III (PUBLIC SAFETY) OF THE CARSON MUNICIPAL
CODE REGARDING MANDATING FACE MASKS AND COVERINGS WITHIN CITY OF CARSON
GEOGRAPHICAL BOUNDARIES DURING COVID-19 EMERGENCY PERIOD
WHEREAS, on March 17, 2020, the Carson City Council through Resolution No. 20-053 proclaimed the
existence of a local emergency in response to COVID-19; and
WHEREAS, the Governor, the State Public Health Officer, the Los Angeles County Emergency Services
Director, the Los Angeles County Board of Supervisors, and the Los Angeles County Health Officer have
promulgated and issued, and will reasonably continue to promulgate and issue, various orders, rules and
regulations concerning the COVID-19 state of emergency that are applicable within the jurisdiction of the City
of Carson ("Orders"), pursuant to State and County law, including but not limited to the California Emergency
Services Act (Gov. Code §§ 8550 et seq.) and the California Public Health & Safety Code §§
101029,120155,120275,120295; and
WHEREAS, in a short period of time, COVID-19 has rapidly spread throughout California, the County
of Los Angeles, and the City of Carson ("City"), necessitating stringent public health emergency orders as well
as guidance from federal, state and local authorities; and
WHEREAS, the COVID-19 pandemic continues to spread rapidly within California, the County of Los
Angeles, and the City, continues to present an immediate and significant risk to public health and safety, and
can result in serious illness or death, especially to vulnerable populations, including the elderly and those with
underlying health conditions; and
WHEREAS, heightened levels of public health and safety planning and preparedness have been
necessitated in preparation for and response to confirmed cases of COVID-19 in the County of Los Angeles,
and rapid response not lending itself to otherwise applicable notice and approval timelines has been and will
be necessary to respond to the rapidly evolving pandemic and to mitigate against the spread of COVID-19 and
its resulting public health and safety impacts; and
WHEREAS, in the absence of such actions, County wide health services may become overwhelmed
and unable to keep up with medical demand for care and availability of hospital or care facility capacity; and
WHEREAS, the health, safety and welfare of City residents, businesses, visitors and staff are of utmost
importance to the City; and
WHEREAS, Government Code § 8634 provides in part: "During a local emergency the governing body
of a political subdivision, or officials designated thereby, may promulgate orders and regulations necessary to
provide for the protection of life and property, including orders or regulations imposing a curfew within
designated boundaries where necessary to preserve the public order and safety. Such orders and regulations
and amendments and rescissions thereof shall be in writing and shall be given widespread publicity and
notice.'; and
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ORDINANCE NO. 20-2017
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WHEREAS, CMC § 3705(A)(6) provides, in relevant part: "the Director [of Emergency Preparedness),
or in the Director's absence, the Assistant Director or other person so designated ... is hereby empowered: (i)
To make and issue rules and regulations on matters reasonably related to the protection of life and property
as affected by such emergency; provided, however, such rules and regulations must be confirmed at the
earliest practicable time by the City Council." Pursuant to CMC §3702, the Director of Emergency
Preparedness is a member of the Carson Disaster Council; and
WHEREAS, on April 2, 2020, after consideration of all facts reasonably available, the Carson Disaster
Council issued an order to expressly mandate the use of face masks or coverings by residents and those who
visit within the jurisdiction of the City, make the same enforceable within City jurisdiction, and impose a
$1,000 fine for each violation; and
WHEREAS, at the City Council meeting of April 7, 2020, the City Council reviewed the order of the
Carson Disaster Council and entertained comments on the same from interested stakeholders, and as a
consequence of such review, through Resolution No. 20-067, the City Council ratified in part, amended in
part, and rescinded in part, the aforementioned order of the Carson Disaster Council. Specifically, without
limitation, the City Council approved an amended version of the Disaster Council's mandate for the use of
face masks or coverings by residents and those who visit within the jurisdiction of the City, and rescinded the
part of the Disaster Council order pertaining to imposition of a $1,000 fine for violation of the face mask or
coverings mandate; and
WHEREAS, now, based on the foregoing and in order to protect public health and safety, the City
Council seeks to ordain and codify the face mask or coverings mandate that it approved by resolution during
its April 7, 2020, meeting and, in connection therewith, to also ordain (and codify) that violations of said
mandate shall constitute infractions subject to fines in accordance with Section 1200(b) of the Carson
Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. RECITALS. The foregoing recitals are true and correct, and are incorporated herein as
findings of fact.
SECTION 2. AMENDMENT. Section 3708.1 (Face Masks and Coverings Related to Covid-19) is
hereby added to Chapter 7 (Emergency Organization) of Article III (Public Safety) of the Carson Municipal
Code to read in its entirety as follows:
"3708.1 (Face Masks and Coverings Related to Covid-19).
(a) The City Council hereby declares and deems to be an infraction under this Code any violation
of the face mask or face coverings mandate approved by the Council during its April 7, 2020 meeting through
Resolution No. 20-067, until such time that Resolution No. 20-053, which proclaimed the existence of a local
emergency in response to COVID-19, is rescinded and the local emergency in response to COVID-19 no longer
exists. Upon such rescission, this Section 3708.1 shall sunset automatically and without any Council or other
actions taken. The Council mandate provisions regarding face masks and coverings as adopted under
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ORDINANCE NO. 20-2017
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Resolution No. 20-067, are set forth below:
"All customers and visitors of grocery stores, water retailers, farm and produce stands,
supermarkets, convenience stores, warehouse stores, food banks, certified farmers' markets,
laundromats, dry cleaners, and laundry service providers, restaurants and retail food facilities
that prepare and offer food to customers, hotels, motels and shared rental units, churches or
places of worship, or visiting within the geographic boundaries of the City of Carson must wear
face coverings which shall be of sufficient size to cover the nose and mouth of the wearer.
Such face coverings need not be medical -grade masks or N95 respirators, but can be fabric
coverings, such as scarves and bandanas. All reusable face coverings must be washed
frequently (at least daily). Single -use face coverings must be properly discarded into trash
receptacles.
All persons who work at businesses or perform services within the geographic boundaries of
the City of Carson must wear face coverings which shall be of sufficient size to cover the nose
and mouth of the wearer while performing their work. Such face coverings need not be
medical -grade masks or N95 respirators, but can be fabric coverings, such as scarves and
bandanas. All reusable face coverings must be washed frequently (at least daily). Single -use
face coverings must be properly discarded into trash receptacles.
Each resident of, or visitor within, the geographic boundaries of the City of Carson shall, upon
either entering the geographic boundaries of the City or upon leaving their domicile or place
of residence and continuing until their return to the place of domicile or residence or the
exiting the geographic boundaries of the City shall wear a face mask or covering which shall be
of sufficient size to cover the nose and mouth of the wearer. Such face coverings need not be
medical -grade masks or N95 respirators, but can be fabric coverings, such as scarves and
bandanas. All reusable face coverings must be washed frequently (at least daily). Single -use
face coverings must be properly discarded into trash receptacles."
(b) Notwithstanding Section 3709 of this Code, each and every violation of Subsection (a)
constitutes an infraction and a separate and distinct offense, and fines shall be imposed in accordance with
Section 1200(b) of this Code, the amounts for which are set forth below:
(i) A fine not exceeding $100.00 for a first violation;
(ii) A fine not exceeding $200.00 for a second violation within one (1) year from the date of the
first violation; and
NO A fine not exceeding $500.00 for each additional violation within one (1) year from the date
of the first violation."
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City
Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
01007 0001 /672758 2
ORDINANCE NO. 20-2017
Page 3 of 5
sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION S. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance, and shall
cause the same to be posted and codified in the manner required by law.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this 20th day of
October, 2020.
APPROVED AS TO FORM: CITY OF CARSON:
Sunny K. Soltani, City Attorney Albert J&le, Mayor
ATTEST:
� Dj )L
Donesia Gause-Aldana, TMMC, ity Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES
CITY OF CARSON j
I, Donesia Gause-Aldana, City Clerk of the City of Carson, California, hereby attest to and certify that the
foregoing ordinance, being Ordinance 20-2017 passed first reading on the 6`h day of October, 2020,
adopted by the Carson City Council at its meeting held on the 201h day of October, 2020, by the following
roll call vote:
AYES:
COUNCIL MEMBERS:
Robles, Dear, Davis -Holmes, Hilton, Hicks
NOES:
COUNCIL MEMBERS:
None
ABSTAIN:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
RECUSED:
COUNCIL MEMBERS:
None
r
Donesia Gause-AI ana, MiM, City Clerk
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ORDINANCE NO. 20-2017
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES 1 ss.
CITY OF CARSON )
I, Donesia Gause-Aldana, City Clerk of the City of Carson, California, do hereby certify that Ordinance No.
?0-2017 has been duly and regularly published according to law and the order of the City Council of said City and
[hat same was so published in a newspaper(s) of general circulation on the following date(s):
Adopted Ordinance: r 21 24� The Daily Breeze
Adopted Ordinance: Random Lengths News
I
In witness whereof, I have hereunto subscribed my name this
?Y -(l
of 2020.
Donesia Gause-Aldana, MMC, City Clerk
01007 0001!672758 2
ORDINANCE NO. 20-2017
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