[HISTORY: Adopted by the Town Board of the Town of New Castle 7-14-2020 by L.L. No. 10-2020; amended in its entirety 9-14-2021 by L.L. No. 5-2021. Subsequent amendments noted where applicable.]
A. 
From March 7, 2020 through June 24, 2021, a State of Emergency existed in the State of New York due to the COVID-19 pandemic. Even after this State of Emergency ended, COVID-19 and variants thereof have continued to pose serious health risks within the Town of New Castle and throughout the State of New York.
B. 
In addition to vaccination, the Center for Diseases Control and Prevention (CDC) continues to recommend a number of strategies to prevent the transmission of COVID-19, including maintaining a safe distance from others and wearing masks or face coverings.
C. 
On July 27, 2021, as a result of the increased transmissibility of the Delta variant of COVID-19 and the resulting surge in COVID-19 infections, the CDC issued guidance recommending that all people, including those who are vaccinated, wear masks indoors in areas of substantial or high COVID-19 transmission.
D. 
According to the CDC, Westchester County is an area with a high level of community transmission as a result of increased infection rates associated with the Delta variant of COVID-19. While vaccination remains highly effective against COVID-19, including the Delta variant, the risks associated with breakthrough infections among vaccinated people remain a serious concern.
E. 
While voluntary compliance with CDC guidelines is preferred, the Town Board finds that to protect the health, safety, and welfare of the public, and in the interest of preparedness against any future public health threats arising from communicable diseases, it is necessary to vest the Town Supervisor with the authority to institute a Town-wide mask mandate for all individuals, regardless of their vaccination status, when and to the extent required by local health conditions and prevailing CDC recommendations.
F. 
It is the intention of this chapter to authorize the Town Supervisor, in consultation with the Town Board, to activate the requirements of this chapter upon and pursuant to the issuance of a Declaration of Local Emergency under N.Y. Executive Law § 24.
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.
Whenever a pandemic, epidemic or disease outbreak that is communicable through droplet contact or airborne transmission threatens the public health, safety and welfare, the Supervisor of the Town of New Castle may declare a local state of emergency pursuant to New York State Executive Law § 24. Any such declaration of local emergency shall set forth the particular provision(s) of § 86-4 that shall be operative and enforced during such local state of emergency.
During a local state of emergency issued in response to a pandemic, epidemic or disease outbreak that is communicable through droplet contact or airborne transmission, the Town Supervisor may implement one or more of the following face mask/covering requirements:
A. 
Municipal property. All persons, regardless of vaccination status, 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 Town of New Castle when indoors on any public property, including, but not limited to, any recreational facility or Town building.
B. 
Places of public accommodation. All persons, regardless of vaccination status, shall wear a face mask or face covering which shall be worn covering the nose and mouth of the wearer at all times when inside in any place of public accommodation in the Town of New Castle, including, but not limited to, business and professional offices, retail and personal service establishments, restaurants, childcare facilities, gyms, private clubs, and religious establishments.
C. 
Public transportation. All persons, regardless of vaccination status, shall wear a face mask or face covering which shall be worn covering the nose and mouth of the wearer at all times while passengers and operators of public conveyances, including shuttles, buses, taxis, ride-shares, and transportation hubs.
D. 
Outdoor spaces. All persons, regardless of vaccination status, 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 Town of New Castle when outside and present in or on any public property or public space, including, but not limited to, any park, recreational field, sidewalk, street, parking lot or plaza, when 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 outdoors 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 Town of New Castle 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 § 86-6B herein may appeal said determination to the Town Administrator, whose decision shall be deemed final. Any such appeal must be filed with the Town 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 Town Supervisor due to pandemic, an epidemic or disease outbreak that is communicable through droplet contact or airborne transmission.
B. 
The Police Department of the Town of New Castle shall enforce the provisions of this chapter.
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.