[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:
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.
A.
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.
B.
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.
C.
Drivers traveling alone or exclusively with members of their households
in a motor vehicle do not need to wear face coverings.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
The Police Department of the Village of Piermont shall enforce the provisions of this chapter, subject to § 131-5B.
C.
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.
A.
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.
B.
This chapter shall take effect upon filing with the Secretary of
State.
