Mask up or face the consequences

County commissioners met on Friday to unanimously approve a county-wide mask mandate that went into effect on Friday, Nov. 20.

Ordinance 2020-21 titled “COVID19 Face Mask Requirements for Local Workplace Safety and Enforcement” references Executive Order 20-48 that went into effect on Nov. 13.

as the ordinance states, the “Executive Order requires all Hoosiers and individuals within the State of Indiana to exercise caution at all times and adhere to CDC guidance and the measures outlined in his Executive Order for the safety and health of every person within the State of Indiana and for the safety of those around them. The Executive Order further requires, among other things, all Hoosiers and individuals in the State of Indiana to wear a face covering over the nose and mouth when: (i) inside a business, a public building, or other indoor place open to the public.”

The ordinance passed Friday models the governor’s executive

order and defines the following:

• Face masks - a covering made of cloth, fabric, or another soft or permeable material, without holes that covers only the nose and mouth and surrounding areas of the lower face. A covering that hides or obscures the wearer’s eyes or forehead is not considered to be a face mask. Face masks may be factory- made or may be handmade and improvised from ordinary household materials. “Any mask that incorporates a oneway valve ( typically a raised plastic cylinder about the size of a quarter on the front or side of the mask) that is designed to facilitate easy exhaling allowing droplets to be released from the mask and therefore puts others nearby at risk, is not a face mask under this ordinance and must not be used to comply with this ordinance’s requirements,” states the ordinance.

• A Business Enterprise includes but isn’t limited to proprietorships, joint ventures, partnership and corporations. It also includes healthcare operations, grocery stores, retail business, restaurants, and any other business in which a company may be engaged. It also applies to both for-profit and not-forprofit enterprises.

“A face mask is required for any person or individual entering any enclosed public space or enclosed place of business. The face mask shall be worn at all times,” states Ordinance 2020-21.

There are exceptions to this ordinance. For example, if a person has a medical exception, if the person is five years of age or younger, or if the person is delivering or receiving goods or services (i.e. while eating or drinking).

“The physician’s statement is not required to document the specific medical reason for which the face mask is ill- advised, but must be an affirmation by a licensed physician that the person has such a medical exception,” it states.

Businesses must require employees, contractors, owners and volunteers to wear a face mask at the workplace and when performing off- site anywhere the employee, contractor, owner, or volunteer would be otherwise required by the ordinance to wear a face mask. Businesses must also take “reasonable measures” to remind their customers and the public of the requirement that they wear a face mask while inside the business.

As far as enforcing the ordinance, the “Health Department, Health Officer, and other local officials or law enforcement officers are designated to enforce the terms and provisions of this ordinance in accordance with Indiana law.”

If a person, business, or entity does not comply with restrictions and the other public health requirements set forth in Governor Eric Holcomb’s Executive Order 20- 48, published on Nov. 13, and set in the commissioner’s ordinance, then the following incremental steps are recommended:

• Investigation of the complaint or suspicion and, if warranted, issue a verbal order to cease the unsafe practice so that the person or owner has the opportunity to comply.

• If the person or owner fails to comply with the verbal order, then the enforcing entity ( listed above) should issue a written order to cease the unsafe practice. This notice may be served by personal service; certified mail, return receipt requested; or by registered mail.

• If the unsafe practice continues after the above steps are taken and the person or business enterprise has been given at least 48 hours to comply with the violation notice, “the relevant official should issue an order to close the business enterprise.”

• If the business enterprise receives a fine and fails to pay that fine, then legal actions in a court may be instituted to enforce the terms and conditions of the ordinance.

“The monetary fine for violation of this ordinance shall be assessed and shall be as follows: each violation of the ordinance shall be $100. Each day that a violation of this ordinance remains uncorrected shall constitute a violation which may result in the issuance of a subsequent citation,” stated the ordinance.

The ordinance then states that should people or business invitees refuse to comply with the requirements for wearing a face mask, the person shall be asked to leave the premises. “If a person having refused to wear a mask and refuses to leave the premises, that person is subject to criminal prosecution for trespass and/ or disorderly conduct, Class B misdemeanors,” states the ordinance.

The ordinance shall be in effect until the commissioners make a determination to renew it, change it, or rescind it.