An Emergency Order of the City of Central, Colorado, Requiring the Use of Face Coverings in Certain Public Settings for the Promotion of Health and Suppression of Disease.

I. AUTHORITY:

This Emergency Order (“Order”) is adopted pursuant to the City Manager’s authority set forth in Section 6 of Ordinance No. 20-08, the City of Central Coronavirus (COVID-19) Ordinance (hereinafter, “Emergency Ordinance”). The Emergency Ordinance was adopted by City Council pursuant to the provisions of C.R.S. § 31-15-401(1)(b) and the powers possessed by home rule municipalities in Colorado, including the City’s Home Rule Charter.

Specifically, Section 6 subparagraph (13) of the Emergency Ordinance authorizes the City Manager to take any action necessary for the protection of life and property or to otherwise preserve the public peace and welfare or mitigate the effects of the public health emergency, including but not limited to establishing regulations governing conduct related to the cause of the public health emergency.

Additionally, pursuant to Executive Order D 2020 044 [Safer at Home] of the Governor of the State of Colorado, nothing prevents a municipality from adopting more protective standards than those contained in the Executive Order as necessary, including but not limited to stay at home orders, mask wearing requirements in public, or additional protective measures. If adopted, such measures shall take effect in the municipality without need for further approval by the State.

II. PURPOSE:

The purpose of this Order is to limit the health impacts of COVID-19. The Center for Disease Control and Prevention recommends wearing face coverings in public settings to prevent the spread of COVID-19. This Order sets forth requirements for the public to utilize face coverings inside of public places, to slow the spread of the COVID-19 virus.

III. RULES AND REGULATIONS:

Immediate issuance of this Order is deemed reasonable and necessary under the existing circumstances and necessary for the preservation of the public health, safety and welfare.

A. Definitions.

Face Covering shall mean a uniform piece of material, without holes, that securely covers a person’s nose and mouth and surrounding areas of the lower face, and remains affixed in place without the use of one’s hands. Face Coverings include, but are not limited to, bandanas, medical masks, cloth masks and gaiters.

B. Face Coverings required. All persons shall wear Face Coverings when entering and while inside:

1. Any enclosed area, including retail and commercial businesses or on-site service providers, to which the public is invited or in which workers, including volunteers, from more than one household are present;

2. Any City of Central building or indoor City facility;

3. Any public transportation, including municipal bus service and bus shelters;

4. Any other public indoor place where persons are unable to maintain safe social distancing (six or more feet separation) from others not of their own household; or

5. Any outdoor seating or patio area of a place that falls within Section (B)(1).

C. Face Coverings for workers. All employers shall require, and make reasonable efforts to provide, Face Coverings to employees, volunteers and other workers in their places of employment that fall within the scope of Section (B) of these regulations.

D. Exceptions. Nothing herein shall require the wearing of Face Coverings by the following persons or on the following properties:

1. Persons under the age of five (5) years;

2. Persons for whom a face covering would cause impairment due to an existing health condition and who present a doctor’s note to that effect;

3. Persons working in a professional office or other workspace who do not have any face- to-face interactions with or share workspace with other persons; and

4. Property owned or operated by the federal, state or county governments.

E. General Information for all Persons. Pursuant to federal Centers for Disease Control guidance, the public is strongly encouraged to wear cloth Face Coverings that:

1. Fit snugly but comfortably against the side of the face;

2. Are secured with ties or ear loops;

3. Include multiple layers of fabric;

4. Allow for breathing without restriction; and

5. Are able to be laundered and machine dried without damage or change to shape.

Information on making such masks can be found at: https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face-coverings.html

THE PUBLIC IS DISCOURAGED FROM ATTEMPTING TO ACQUIRE HEALTH CARE AND INDUSTRIAL FACE COVERINGS THAT ARE NECESSARY TO PROTECT HEALTH CARE WORKERS DURING THE COVID-19 PANDEMIC.

These actions will limit the cascading impacts on critical services by limiting spread of COVID- 19. This Regulation and actions will help hospitals, first responders, and other healthcare services continue to provide services for those who need them (along with utilities, human services, and businesses) in the coming weeks and months. Collective action can save lives and is in support of the most vulnerable in our community.

F. Most Restrictive Standard Controls. To the extent any State and/or Federal orders or laws are more restrictive than what is set forth herein, such orders control.

G. Signage Required. Any property that is subject to Section (B) of this Order must display signage in a prominent area of the property that informs members of the public about the requirement to wear Face Coverings while entering and within the property.

H. Enforcement. The members of the Sheriff’s Office, City code enforcement, and such other law enforcement and peace officers as may be authorized by the City Manager are hereby authorized and directed to enforce the rules and regulations issued pursuant to this Order.

A person entering a property or area covered by this Order shall be notified by an authorized official of the requirement to wear a Face Covering and, if the person does not comply with the Face Covering requirement, such person will be asked to leave the property or area that requires a Face Covering.

I. Penalties. It is unlawful and a misdemeanor offense for any person to violate any orders issued by the City Manager or designee pursuant to the Emergency Ordinance. Any person convicted of a violation of this Order shall be subject to the penalties set forth in Section 1-4-20 of the City of Central’s Municipal Code.

1. Any person who, after being asked to wear a Face Covering, or to leave the property, continues to remain in the area or on the property requiring a Face Covering without wearing a Face Covering, shall be in violation of the Order.

2. Any person with operational control of a property subject to Section(B) of these regulations, including any employer, business operator or manager, who allows a person to remain inside or on the property without wearing a Face Covering shall also be in violation of the Order.

J. ReportingViolations. Members of the public can report suspected violations of these regulations to the Gilpin County Sheriff’s Office by calling Non-Emergent Dispatch at (303)-582-5500. Please DO NOT call 911 to report violations of this Order.

 K. Dissemination. As prescribed in the Emergency Ordinance, all members of the public shall be deemed to have been given notice of all orders, rules, and regulations made or issued pursuant to the Emergency Ordinance upon their dissemination to the news media or publication on the City website or other means of publication.

IV. EFFECTIVE DATE AND AREA:

This Emergency Order, upon signature by the City Manager, will become effective Wednesday, May 6, 2020, and will remain in effect until suspended or terminated by action of the City Manager or City Council of the City of Central. This Order is effective within the entirety of the territory of the City of Central, Colorado.

V. APPROVAL:

Daniel R. Miera, 

City Manager