For purposes of this ordinance, the following terms are defined
as follows:
FACE COVERING
A covering which, when worn properly, must cover the nose
and mouth completely and can include a paper or disposable face mask,
a cloth face mask, a scarf, a bandanna, a neck gaiter, or a religious
face covering. Medical-grade masks and respirators are sufficient
face coverings, but to preserve adequate supplies, their purchase
and use is discouraged for those who do not work in a health-care
setting or in other occupations that require medical-grade personal
protective equipment. Masks that incorporate a valve designed to facilitate
easy exhaling, mesh masks, or masks with openings, holes, visible
gaps in the design or material, or vents are not sufficient face coverings
because they allow exhaled droplets to be released into the air.
PREMISES THAT ARE (OR IS) OPEN TO THE GENERAL PUBLIC
Property upon or into which any members of the public are
allowed to enter. The term is intended to be broadly defined to include
without limitation real or personal property owned by or operated
by entities that employ or engage workers, including private-sector
entities, public-sector entities, nonprofit entities, regular commercial
or business establishments, private clubs, religious centers or buildings,
public transportation (including buses, taxis, ride-sharing vehicles,
or vehicles used for business purposes), and any place which is generally
open to the any members of the public, including educational institutions
and day-care facilities.
Any individual or entity which maintains premises that are open
to the general public, including but not limited to educational institutions,
must post one or more signs that are visible to all persons, including
workers, customers, and visitors, instructing them to wear face coverings
as required by this ordinance. The signs required by this section
must be printed on a poster or paper that is a minimum size of 8.5
inches by 11 inches, and be written or typed in a legible font or
typeface that is no smaller than 12 points of leading or 12-point
type.
Any individual or entity which maintains premises that are open
to the general public who fails to comply with the requirements of
this ordinance is hereby declared to be a nuisance and a danger to
the public health, safety, and welfare.
The provisions of this ordinance shall only apply to all persons
and property within the corporate limits of the City of Papillion
and shall not apply in the extraterritorial jurisdiction of the City.
Any individual or person who is found to have violated any of
the provisions of this ordinance shall be guilty of an infraction
as defined in Neb. R.R.S. § 29-436 and shall be subjected
to the fines set forth in such § 29-436; provided, however,
the fine for an initial offense shall be $25. Each instance of violation
of this ordinance may be considered a separate offense.
In addition to any other penalty sought or obtained under this
ordinance or other applicable law, the City may institute injunctive
or other appropriate civil proceedings necessary to obtain compliance
with this ordinance or to abate any nuisance resulting from violations
of this ordinance.
The requirements imposed by this ordinance shall expire and
terminate at such time as the percentage of COVID-19 patients occupying
staffed hospital beds drops below 20% based on a fourteen-day rolling
average, also known as the "yellow" zone in the State of Nebraska
Directed Health Measures color phases, unless otherwise extended by
ordinance of the City Council.
The Fire Chief, or his or her authorized delegate, shall, on
every Tuesday while the provisions of this ordinance remain in effect,
prepare or update a report to be delivered to the Mayor and City Council.
To the extent that the information is available from the Sarpy/Cass
Health Department, the report shall contain information from the prior
week on the status of COVID-19 infections in the City, and shall include
information on the current number of cases in the City, the number
of new cases diagnosed, the number of tests performed, the positivity
rate of those tests, the number of new deaths that have occurred,
the Papillion area hospital occupancy rate, the ventilator utilization
rate, the COVID-19 hospitalization rate, a breakdown of cases by zip
code, and any such other information that the said official or delegate
deems relevant to the spread of COVID-19 within the City of Papillion.
The sections, subsections, paragraphs, sentences, clauses, and
phrases of this ordinance are severable, and if any section, subsection,
paragraph, sentence, clause, or phrase of this ordinance shall be
declared invalid, unenforceable, or unconstitutional by the valid
judgment or decree of a court of competent jurisdiction, such invalidity,
unenforceability, or unconstitutionality shall not affect any of the
remaining sections, subsections, paragraphs, sentences, clauses, or
phrases of this ordinance.