HomeMy Public PortalAbout21-2115 Amending Section 3708.1 (Face Masks and Coverings Related to COVID-19) of Chapter 7 (Emergency Organization) of Article lll (Public Safety) of the Carson Municipal Code Regarding Mandating Face Masks and Coverings Within City of CarsonORDINANCE NO. 21-2115
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING
SECTION 3708.1 (FACE MASKS AND COVERINGS RELATED TO COVID-19) OF 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, a respiratory disease that is easily transmissible from
person to person and that has resulted in millions of cases of serious illness or death worldwide, having
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 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, 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, 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
WHEREAS, Carson Municipal Code § 3703 provides, in relevant part: “It shall be the duty of the
Carson Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City
Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and
regulations as are necessary to implement such plans and agreements”; 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 (“Disaster Council 2000 Order”); and
WHEREAS, at the City Council meeting of April 7, 2020, the City Council reviewed the Disaster Council
2000 Order 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
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in part, the aforementioned Disaster Council 2000 Order. 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
2000 Order pertaining to imposition of a $1,000 fine for violation of the face masks or coverings mandate;
and
WHEREAS, on or about October 20, 2020, and based on the foregoing and in order to protect public
health and safety, the City Council adopted Ordinance 20-2017 to codify the face masks or coverings mandate
that it approved through Resolution No. 20-067 and, in connection therewith, to also codify that violations of
said mandate shall constitute infractions subject to fines in accordance with Section 1200(b) of the Carson
Municipal Code; and
WHEREAS, the United States Food and Drug Administration has approved COVID-19 vaccines
manufactured by Moderna, Pfizer, and Johnson & Johnson on an emergency use authorization basis. After
widespread injections of such vaccines into millions of people over the course of several months, the rate of
COVID-19 transmissions nationally, statewide, within the County, and within the City has decreased
considerably. In light of such decreased rate of transmission, the County of Los Angeles Department of Public
Health (“County Health Department”) issued an order effective May 14, 2021, which contains mask mandates
and restrictions that are significantly less stringent than those set out in Resolution No. 20-067 and Ordinance
20-2017, and it is expected that the County Health Department will continue to issue modified orders that
further relax mandates so long as the rate of COVID-19 transmissions continues to decline, which result is the
widespread expectation as more people build immunity either through receipt of vaccinations or natural
immunity for those who contract COVID-19; and
WHEREAS, on May 13, 2021, the Disaster Council rescinded, subject to confirmation by the City
Council, parts of the Disaster Council 2000 Order with respect to face masks or coverings mandates for
outdoors, public areas and certain indoor spaces such as grocery stores (“Disaster Council Second Order”) to
ensure that the City’s face masks or coverings mandate would be consistent with State and County health
orders without having to repeatedly update the Disaster Council 2000 Order as the State and County health
orders continue to get updated and become more relaxed. No formal written order to reflect such action was
prepared and adopted; and
WHEREAS, on May 18, 2021, upon considering the Disaster Council Second Order, the City Council
requested the Disaster Council to consider further action to make the COVID-19 face masks or coverings
regulations within the City follow and completely align with, and continue to be completely aligned with, State
and County health orders; and
WHEREAS, after consideration of all facts reasonably available, on May 27, 2021, the Disaster Council
issued an order (“Disaster Council 2021 Order”), to further relax the City’s face masks or coverings mandate
that it issued through the Disaster Council 2000 Order as modified through the Disaster Council Second Order,
by following and completely aligning with, and continuing to be completely aligned with, the regulations and
guidelines of the State or County Health Department, whichever is more restrictive; and
WHEREAS, during the City Council’s meeting of June 1, 2021, the City Council reviewed the Disaster
Council 2021 Order and entertained comments on the same from interested stakeholders; and
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WHEREAS, as a consequence of such review the City Council adopted Resolution No. 21-071 to ratify
and confirm, in part, and amend, in part, the Disaster Council 2021 Order. The amendments to the Disaster
Council 2021 Order were intended only for the purpose of providing a more detailed list of persons who are
subject to the Disaster Council 2021 Order without intention of expanding the applicability of the Disaster
Council 2021 Order.
WHEREAS, the Disaster Council 2021 Order also requested that Section 3708.1(b) of the Carson
Municipal Code shall be modified so that the regulations allow for some flexibility and discretion as to whether
or not fines shall be imposed for violations of the City’s mask mandate; and
WHEREAS, now, based on the foregoing and in order to protect public health and safety, the City
Council now sees fit to amend Section 3708.1 of the Carson Municipal Code to codify that any City fines for
violations of face masks and coverings mandates be tied to violations of State and County health orders,
whichever is more restrictive, and so that the regulations will allow for some flexibility and discretion as to
whether or not fines shall be imposed for violations of the City’s mask mandate.
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) of
Chapter 7 (Emergency Organization) of Article Ill (Public Safety) of the Carson Municipal Code is hereby
amended 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 June 1, 2021 Aprit++2020
meeting through Resolution No. 21-07120-067, which provides that with respect to wearing a face mask or
covering which shall be of sufficient size to cover the nose and mouth of the wearer so as to assure the
inhale or exhale of oxygen through the mask or covering, all persons within the City of Carson jurisdictional
boundaries must comply with all State of California or Los Angeles County Health Department requlations
and quidelines, whichever is more restrictive, as such regulations and guidelines may be modified from time
to time, 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 Resolution No. 21-
07120-067, are set forth below:
“With respect to wearing a face mask or covering which shall be of sufficient size to cover the nose
and mouth of the wearer so as to assure the inhale or exhale of oxyqen through the mask or
covering, all persons within the City of Carson jurisdictional boundaries, including, without
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limitation, the following individuals, must comply with all State of California or Los Angeles County
Health Department requlations and quidelines, whichever is more restrictive, as such requlations
and quidelines may be modified from time to time:
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,-ervisiting
All persons who work at businesses or r perform Whestathitc
All residents of, or visitors to, the City of Carson shall, upon either entering Each-resident-ef—er
visitor within, the geographic boundaries of the City ef Carsen-shall uperneitherentering 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 shat-wearatace-maskeorceverina whiehshall beof st oF O-5G COMA EAS OSCE HOt
fo ava 7 urea = rd C) aauviae ry ft ON Ne Ue OW OS e CN 0) feather = = \
Such face masks or coverings need not be medical-qrade 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 may skal} be imposed, in the City’s
sole discretion, 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
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(iii) 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,
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 5. 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.
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PASSED, APPROVED and ADOPTED at a regular meeting of the City Council on this 15" day of
June, 2021.
APPROVED AS TO FORM:
Sunny K. Soltani, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES _) sss.
CITY OF CARSON )
CITY OF CARSON:
Kola Davis-Holmes, Mayor
oO”. ZoON, C oo : ATTEST: /s ;
ST get bOI Sy _ : " ee. a 2 es To o a / 4 “
John W. & roll, Sr., Chief Depu& CIYOIRE ipa’ * Y = ’ we fF - 4s
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|, John W. Carroll, Sr., Chief Deputy City Clerk of the City of Carson, California, hereby attest to and
certify that the foregoing ordinance, being Ordinance No. 21-2115 passed first reading on the 1° day of
June, 2021, adopted by the Carson City Council at its meeting held on the 15" day of June, 2021, by the
following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
RECUSED: COUNCIL MEMBERS:
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Davis-Holmes, Dear, Hilton, Hicks
None
None
None
None
ll, Sr., Chief Deputy City Clerk
ORDINANCE NO. 21-2115
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON
|, John W. Carroll, Sr., Chief Deputy City Clerk of the City of Carson, California, do hereby certify
that Ordinance No. 21-2115 has been duly and regularly published according to law and the order of the
City Council of said City and that same was so published in Our Weekly, newspaper of general circulation
on the following date:
Adopted Ordinance: Bu LL Lt, 202
LID : / 0 ae In witness whereof, | have hereunto subscribed my name this Lord day of Anaust , 2021.
Wx tol
Johr-Ww. Carroll Sr., Chief Deputy City Clerk
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