[HISTORY: Adopted by the Board of Trustees of the Village of Piermont 8-11-2020 by L.L. No. 6-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- FACE MASKS and FACE COVERINGS
- Masks and face coverings include, but are not limited to, cloth (e.g., homemade sewn, quick cut, bandana), surgical masks, N-95 respirators, and face shields.
All persons shall wear a face mask or face covering which shall be worn covering the nose and mouth of the wearer at all times in the Village of Piermont when present in or on any public property or public space (including but not limited to any park, recreational facility, Village building, sidewalk, street, parking lot or plaza), when such persons are unable to maintain a distance of six feet from another person who is not a member of the same household.
All persons shall wear a face mask or face covering which shall be worn covering the nose and mouth of the wearer at all times when on private property located in the Village of Piermont (including but not limited to residential property, business and professional offices, retail and personal service establishments, restaurants, child-care facilities, places of public accommodation, private clubs and religious establishments), when such persons are unable to maintain a distance of six feet from another person who is not a member of the same household.
Face masks or face coverings shall not be required to be worn by any child under the age of two, or by anyone who is unable to medically tolerate a face covering.
Face masks or face coverings shall not be required to be worn if individuals maintain a distance of at least six feet from another person. Individuals who reside in the same household shall not be required to wear a face mask or face covering if located within six feet of each other.
Drivers traveling alone or exclusively with members of their households in a motor vehicle do not need to wear face coverings.
Persons playing a sport or participating in a fitness class or recreational activity are not required to wear a face mask if individuals are unable to tolerate a face covering for the physical activity. Persons must put a face mask or face covering on as soon as such physical activity has ended.
Individuals are not required to wear a face mask or face covering when they are actively eating and/or drinking, or while seated at a restaurant.
Police officers, firefighters, ambulance personnel and other first responders shall not be required to wear a face mask or face covering when not practical or when engaged in a public safety matter of an emergency nature.
If an individual or organization believes that circumstances exist that make it a hardship or impractical to meet the requirements of this chapter, such individual or organization may apply to the Chief of Police of the Village of Piermont for an exemption. The burden is on the applicant to show hardship or impracticality.
If the Chief of Police, in his or her discretion, determines that wearing a face mask or face covering will result in a hardship to or is impractical for such individual or organization, the Chief of Police may grant an exemption from the provisions of this chapter.
Any applicant aggrieved by a determination of the Chief of Police under this section may file a written appeal of said determination to the Mayor (and may include any evidence or information deemed necessary by the applicant), whose decision shall be deemed final. Any such appeal must be filed with the Village Clerk within 10 days of the issuance of the determination appealed from.
This chapter may only be enforced during the time that a Declaration of Emergency is issued by the Governor of the State of New York due to an epidemic or disease outbreak that is communicable through droplet contact or airborne transmission.
The Police Department of the Village of Piermont shall enforce the provisions of this chapter, subject to § 131-5B.
Any person found guilty of a violation of this chapter shall be subject to a fine in the amount of up to $250 for the first violation, and up to $500 for any subsequent violation occurring within a one-year period.
The provisions of this chapter are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this chapter or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this chapter would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the chapter or part hereof is held inapplicable had been specifically exempt therefrom.
This chapter shall take effect upon filing with the Secretary of State.