[Adopted 7-23-2020 by Ord. No. 1869]
As used in this article, the following terms shall have the
meanings indicated:
Any structure or premises licensed by the Village or used
in whole or in part as a place of resort, assemblage, lodging, trade,
traffic, occupancy or other use by the public.
A face mask or protective mask covering the nose and mouth,
including cloth or fiber and surgical masks as described by the Centers
for Disease Control and Prevention.
For the duration of the COVID-19 Health Emergency Declaration,
any person five years or older shall wear a face covering properly
fitted over the nose and mouth whenever the person is in a building
open to the public and is not otherwise maintaining a safe social
distance of at least six feet from all other persons at all times.
The Village Manager shall establish a face covering requirement
policy applicable to all Village employees and other persons when
they are on the premises of any nonrecreational Village facility.
The Library Board shall establish a face covering requirement policy
applicable to all library employees and other persons when they are
on the library premises.
Exceptions for face coverings shall be made under the following
circumstances:
A.
Persons who fall into the Centers for Disease Control and Prevention
Guidelines for those who should not wear face coverings due to a medical
condition, mental health condition, developmental disability, or for
whom no other accommodation can be offered under the Americans With
Disabilities Act.[1]
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
B.
Persons who have upper respiratory chronic conditions, silent or
invisible disabilities, or are communicating with an individual who
is deaf or hard of hearing where effective communication cannot be
achieved through other means.
C.
Persons in settings where it is not practicable or feasible to wear
face coverings when obtaining or rendering goods or services to the
extent necessary to obtain or render such goods or services, including
but not limited to the receipt of dental services or medical treatments
or the act of consuming food or beverages.
D.
Whenever federal, state or local law otherwise prohibits the wearing
of face masks or where it is necessary to evaluate or verify an individual's
identity.
E.
Persons whose religious beliefs prevent them from wearing a face
covering.
F.
Persons present in government facilities closed to the public, and
in institutions of higher education, public and private K-12 schools,
and childcare or youth facilities that have a mitigation strategy
approved by the North Shore Health Department.
The Village Manager shall enforce this article. The owner or operator of any building open to the public shall request that all persons present in the building open to the public comply with § 8-74.2 above. The owner or operator of any building open to the public has a right to refuse entry or service to any person for failure to comply with such § 8-74.2. Any owner or operator of a building open to the public that permits a person to violate such § 8-74.2 in their building open to the public, and those individuals who refuse to comply with § 8-74.2 may be subject to the issuance of a citation and a forfeiture of not less than $50 and not more than $500. The Village Manager and Village Attorney are authorized to pursue license revocation or a court order closing the building open to the public in accordance with state and local law for failing to require persons present to abide by § 8-74.2 above.
