[Adopted 12-3-2020 by Ord. No. 1911]
A.
The City Council hereby finds and declares, based upon the scientific
and medical evidence before it, the following:
(1)
The novel coronavirus (COVID-19) has impacted and continues to dramatically
impact the citizens of the City of Papillion, Nebraska.
(2)
Exposure to COVID-19 presents a risk of death or serious long-term
disability; the exposure is widespread and poses significant risk
of harm, including death, to people in the general population of the
City of Papillion; there is a particular subset of the population
that is more vulnerable to the threat and thus at an increased risk;
and the threat is from a novel infectious disease.
(3)
Information from the World Health Organization, the United States
Centers for Disease Control and Prevention (CDC), Nebraska Department
of Health and Human Services, the Sarpy/Cass Health Department, local
public health departments throughout Nebraska, and members of the
City of Papillion, Sarpy County, and metropolitan medical community
indicates that citizens of the metropolitan area, including the City
of Papillion, have been and will continue to be exposed due to community
transmissions of COVID-19.
(4)
The manner in which the spread of COVID-19 cases in the City of Papillion
has occurred creates an unacceptable risk to the health, safety, and
welfare of the citizens of the City of Papillion.
(5)
The number of COVID-19 infections within the City of Papillion continues
to increase.
(6)
COVID-19 constitutes a threat to the health, safety, and welfare
of the City of Papillion.
(7)
The Director of the CDC, the Director for the Sarpy/Cass Health Department,
doctors and infectious disease experts from the University of Nebraska
Medical Center and Nebraska Medicine, as well as others in the medical
community, have concluded that the wearing of face coverings by every
individual while in public is one of the best methods to slow and
stop the spread of COVID-19.
(8)
The wearing of face coverings by every individual while indoors in
public places in the City of Papillion will reduce community transmissions
of COVID-19, resulting in fewer deaths and serious health complications,
and will ease the strain on hospitals and other medical offices and
facilities.
(9)
The wearing of face coverings by every individual while indoors in
public places in the City of Papillion will help keep businesses open
and operating, encouraging economic growth and preventing prolonged
economic harm.
(10)
It is just and proper for the City Council to exercise the authority
granted to it by Nebraska statutes and City ordinances in furtherance
of protecting the public health, safety, and welfare, including but
not limited to Neb. R.R.S. §§ 16-238, 16-240, 16-246,
and 18-1720.
For purposes of this ordinance, the following terms are defined
as follows:
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.
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.
A.
All individuals aged five years and older shall wear a face covering
over their mouth and nose while indoors in a premises that is open
to the general public, including, but not limited to, educational
institutions, unless the individual maintains a minimum of six feet
of separation or social distance at all times from anyone who is not
a member of the individual's household.
B.
Notwithstanding Subsection A above, face coverings shall not be required if the individual:
(1)
Is seeking federal, state, county, or city governmental services;
(2)
Is seated at a bar or restaurant to eat or drink, or while immediately
consuming food or beverages;
(3)
Is engaged in an occupation preventing the wearing of a face covering;
(4)
Is obtaining a service or purchasing goods or services that require
the temporary removal of the face covering;
(5)
Is asked to remove a face covering to verify an identity for lawful
purposes;
(6)
Is providing a speech, lecture, or broadcast to an audience so long
as six feet of distancing from other individuals is maintained; or
(7)
Cannot otherwise wear a face covering because of a medical condition,
a mental health condition, or a disability that makes it unreasonable
for the individual to wear a face covering.
C.
Nothing in this section shall prohibit the owner or person in charge of a premises that is open to the general public, including but not limited to the owner or person in charge of any federal, state, City, or other governmental facility, from requiring an individual to wear a face covering during any of the circumstances enumerated in Subsection B above or from implementing a more restrictive face covering policy.
A.
Any individual or entity which maintains premises that are open to
the general public, including, but not limited to, educational institutions,
shall require all individuals aged five years and older to wear a
face covering over their mouth and nose while indoors in said premises,
unless the individual maintains a minimum of six feet of separation
or social distance at all times from anyone who is not a member of
the individual's household.
B.
Notwithstanding Subsection B above, a face covering of an individual will not be required if the individual:
(1)
Is seeking federal, state, county, or City governmental services;
(2)
Is seated at a bar or restaurant to eat or drink, or while immediately
consuming food or beverages;
(3)
Is engaged in an occupation preventing the wearing of a face covering;
(4)
Is obtaining a service or purchasing goods or services that requires
the temporary removal of the face covering;
(5)
Is asked to remove a face covering to verify an identity for lawful
purposes;
(6)
Is providing a speech, lecture, or broadcast to an audience so long
as six feet of distancing from other individuals is maintained; or
(7)
Cannot otherwise wear a face covering because of a medical condition,
a mental health condition, or a disability that makes it unreasonable
for the individual to wear a face covering.
C.
Nothing in this section shall prohibit the owner or person in charge of a premises that is open to the general public, including but not limited to the owner or person in charge of any federal, state, City, or other governmental facility, from requiring an individual to wear a face covering during any of the circumstances enumerated in Subsection B above or from implementing a more restrictive face covering policy.
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.
A.
The provisions of this ordinance shall not apply to:
(1)
Courts of law; public utilities or federal, state, county, or City
operations; medical providers, facilities, or pharmacies; congregate
living centers or facilities; group homes and residential drug and/or
mental health treatment facilities; shelters; airport travel; election
offices; polling places on an Election Day; or residential dwelling
units.
(2)
Children under the age of five years. While children aged three and
four years may wear a face covering if that child can remove the face
covering without assistance, guidance from the CDC states that children
two years old and under should never wear a face covering due to the
risk of suffocation.
(3)
Federal and state activities. Nothing in this ordinance shall be
construed to limit, prohibit, or restrict in any way the operations
of the federal or state government or the movement of federal or state
officials in the City while acting in their official capacity, including
federal and state judicial, legislative, and executive staff and personnel.
(4)
Individuals at their workplace when wearing a face covering would
create a job hazard for the individual or others, as determined by
federal, state, or local regulators or workplace safety and health
standards and guidelines.
(5)
Individuals who are alone in an office, room, a vehicle, the cab
of heavy equipment or machinery, or an enclosed work area. In such
situations, the individual should still carry a face covering to be
prepared for person-to-person interactions and to be used when the
individual is no longer alone.
(6)
Individuals who are seated at a desk or standing at a stationary
work station, provided that the desk or work station has a solid plexiglass
or plastic barrier installed upon it which cannot be moved.
(7)
Individuals who are officiating at a religious service.
(8)
Individuals communicating with other individuals who are deaf or
hard of hearing or who have a disability, medical condition, or mental
health condition that makes communication with that individual while
wearing a face covering difficult, provided that minimum social distancing
of six feet or more is maintained to the extent possible between persons
who are not members of the same household.
(9)
Individuals who are engaged in activities, such as swimming or showering,
where the face covering will get wet.
(10)
Individuals who are exercising in an indoor business or indoor
space such as a gym or fitness center, while the level of exertion
makes it difficult to wear a face covering, provided that minimum
social distancing of six feet or more is maintained at all times.
(11)
Individuals in an indoor premises that is generally open to
the public while playing a musical instrument that cannot be played
when a face covering is worn, provided that a minimum social distancing
of six feet or more is maintained at all times.
(12)
Individuals actively participating in a team sports activity,
while the level of exertion makes it difficult to wear a face covering.
(13)
Public safety workers actively engaged in a public safety role,
including but not limited to law enforcement personnel, firefighters,
or emergency medical personnel, in situations where wearing a face
covering would seriously interfere in the performance of the individual's
public safety responsibilities.
B.
Nothing in this section shall prohibit the owner or person in charge of a premises that is open to the general public, including but not limited to the owner or person in charge of any federal, state, City, or other governmental facility, from requiring an individual to wear a face covering during any of the circumstances enumerated in Subsection B above or from implementing a more restrictive face covering policy.
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.
