HomeMy WebLinkAboutORDINANCE 07-20ORDINANCE NO.07-20
AN EMERGENCY ORDINANCE REQUIRING FACE COVERINGS IN PLACES OF
PUBLIC ACCOMMODATION AND OUTDOORS IN THE COMMERCIAL DOWNTOWN
ZONING DISTRICT
WHEREAS,on March 19,2020,a local emergency was declared for the Town of
Estes Park due to COVID-19;and
WHEREAS,under section 31-15-401(1)(b)ofthe Colorado Revised Statutes,the
Town has the authority to do all acts and make all regulations which may be necessary
or expedient for the promotion of health or the suppression of disease;and
WHEREAS,the Lahmer County Department of Health and Environment has now
confirmed three cases of COVID-19 in Estes Park;and
WHEREAS,the age,condition,and health of a significant portion of the
population in Estes Park places it at risk of serious health complications,including
death,from COVID-19.Although most individuals who contract COVID-19 do not
become seriously ill,persons with mild symptoms and asymptomatic persons with
COVID-1 9 may place other vulnerable members of the public at significant risk.A large
surge in the number of persons with serious infections can compromise the ability of the
healthcare system,particularly in the high-country areas such as the Town of Estes
Park,to deliver necessary healthcare to the public;and
WHEREAS,visitation brings more people to the community,increases the
likelihood of the rapid spread of the disease,and increases the risk to life and health in
the Town;and
WHEREAS,visitation has begun to increase upon the issuance of State of
Colorado Public Health Order 20-28 (‘Safer at Home”),and will continue to increase
greatly as businesses reopen and the weather becomes warmer;and
WHEREAS,visitors will imminently congregate in the Commercial Downtown
zoning district and places of public accommodation in such densities that social distancing
cannot be consistently maintained and the potential for the spread of disease is great,by
both symptomatic and asymptomatic carriers;and
WHEREAS,in light of scientific studies on the spread of COVID-19,the Centers
for Disease Control and Prevention (CDC)recommends wearing cloth face coverings in
public settings where other social distancing measures are difficult to maintain;and
WHEREAS,for those reasons,the State of Colorado has also found that wearing
a non-medical face mask helps minimize the spread of the virus,and that everyone should
wear a mask when out in public.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
Section 1:Definition.
Face Covering for the purposes of this ordinance shall mean a uniform piece of
material that securely covers a person’s nose and mouth and remains affixed in place
without the use of ones hands.A face covering may be designed for either medical or
non-medical purposes,and shall include homemade and cloth coverings.Cloth face
coverings should fit snugly but comfortably against the side of the face,include multiple
layers of fabric,allow for breathing without restriction,and be able to be laundered and
machine dried without damage or change to shape.
Section 2:Face Coverings Required.
All persons shall wear face coverings at all times when:
a.entering or inside any area of any place of business open to the public,
including but not limited to any retail business and any area of any
accommodations business other than the person’s designated guest
accommodations unit itself;and
b.outdoors within the boundaries of the Commercial Downtown zoning district,as
delineated in the Town of Estes Park Development Code and Official Zoning
Map.
Section 3:Businesses Must Require Face Coverings.
No person,including any manager or owner,shall operate any business of public
accommodation unless all persons are wearing and are required to wear face coverings,
including all vendors,customers,and employees.This requirement shall apply to all
areas of the business where customers are permitted or where employees interact with
customers.
Section 4:Exceptions.
Nothing herein shall require the wearing of face coverings in circumstances where
it would conflict with any state or federal law,or by the following persons:
a.Persons under the age of two years;
b.Persons for whom a face covering would cause impairment due to an existing
disability or health condition,provided,however,that vulnerable individuals are
strongly encouraged to remain at home whenever possible;and
c.Persons operating outdoors,for critical business or critical government
functions as described in the State of Colorado Public Health Order 20-28,and
under all required licenses and permits,equipment requiring other personal
protective equipment and that cannot be safely operated with a face covering.
Section 5:Expiration.
This ordinance is effective through June 10,2020,unless extended or terminated
as described in section 8.
Section 6:Most Restrictive Standard Controls.
To the extent any state,county,or federal orders or laws are more restrictive than
what is set forth herein,such orders control.This ordinance is intended to supplement
and not supplant all state,county,and federal orders and laws.
Section 7:Penalties.
Failure to comply with section 2 of this ordinance is subject to a penalty of $50 for
the first offense,$250 for the second offense,and the general penalty under section
1.20.020 of the Estes Park Municipal Code for any subsequent offense.
Failure to comply with section 3 of this ordinance is subject to the general penalty
under section 1.20.020 of the Estes Park Municipal Code.
Section 8:Delegation.
The Town Administrator,by emergency order as described in section 2.28.030 of
the Code,may extend,modify,or augment the provisions of this ordinance to provide for
the immediate preservation of life,health,or safety.This includes the authority to reduce
or terminate the requirements of this ordinance if such requirements are no longer
necessary for the immediate preservation of life,health,or safety.
Section 9:Emergency.
The Board of Trustees hereby finds that this ordinance is necessary for the
immediate preservation of public health and safety,due to the pandemic facing the Town
and for the reasons listed in the introductory paragraphs of this ordinance,which are
incorporated into this section 9 by reference.This ordinance shall take effect immediately
upon its adoption and signature by the Mayor.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this [5tday of
_______________,
2020.
TOWN OF ESTES PARK COLORADO
By:_____________
Mayor 7 //
ATTEST:
-.
Clerk
I hereby certify that the above Qrdinance was introduced at a special meeting of the
Board of Trustees on the i day of _kymtc1 ,2020 and published
newspaper of general circulation in the Town of Esfes Park,Colorado,on the 6L.day
of
_________,
2020,all as required by the Statutes of the State of Colorado.
Towylerk
APPROVED AS TO FORM:
Town Attorney