Chapter 9.61

FACE COVERINGS REQUIRED DURING COVID-19 HEALTH EMERGENCY

Sections:

• 9.61.010 Words and phrases.

• 9.61.020 Face covering.

• 9.61.030 Purpose.

• 9.61.040 Applicability of face covering requirement.

• 9.61.050 Application of face covering requirement to essential businesses, outside businesses and additional businesses.

• 9.61.060 General conditions and exemptions. 9.61.070 Expiration.

Every owner shall comply with the provisions of this chapter and every provision of the owner's approved abandoned cart prevention plan.

Any owner who violates any provision of this chapter or any provision of the owner's approved abandoned cart prevention plan shall be subject to enforcement procedures for each violation through any lawful means available to the city, including without limitation institution of administrative remedies in accordance with Chapter 1.14 of Title 1 of this Code.

(Ord. 26292.)

The city shall notify the owner of an abandoned cart as identified on the signage information permanently affixed to the cart. The city notifica-

Words and phrases used in this Chapter unless otherwise defined shall have the same meanings as the words and phrases used in the Santa Clara County Health Officer Order dated May 18, 2020, as such Order may be amended from time to time. (Ord. 30428.)

• A. "Face Covering" means a covering made of cloth, fabric, or other 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 a Face Covering. Examples of Face Coverings include a scarf or bandana; a neck gaiter; a homemade covering made from a t-shirt, sweatshirt, or towel, held on with rubber bands or otherwise;

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• or a mask, which need not be medical-grade. A Face Covering may be factory-made or may be handmade and improvised from ordinary household materials. The Face Covering should be comfortable, so that the wearer can breathe comfortably through the nose and does not have to adjust it frequently, so as to avoid touching the face. For as long as medical grade masks such as N95 masks and surgical masks are in short supply, members of the public should not purchase those masks as Face Coverings under this Chapter; those medical grade masks should be reserved for health care providers and first responders. Face Covering also includes Face Shields. Face Shields typically consist of just two parts: a visor that covers the face and which is usually made of plastics such as polycarbonate, propionate, acetate, polyvinyl chloride (PVC), and polyethylene terephthalate glycol (PETG); and a method of holding the visor in place, such as a headband or strap.

• B. Any mask that incorporates a one-way 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 is not a Face Covering under this Chapter and is not to be used to comply with this Chapter's requirements. Valves of that type permit droplet release from the mask, putting others nearby at risk.

• (Ord. 30428.)

• A. The intent of this Chapter is to ensure that all people who are visiting or working at Essential Businesses, Outdoor Businesses and Additional Businesses, all other businesses that may be designated in any Santa Clara County Health Officer Order amending the Order dated May 18, 2020, and all people who are seeking care at healthcare facilities or taking or waiting in line for public transit or transportation with others wear a Face Covering to reduce the likelihood that they may transmit or re-

ceive the COVID-19 virus. The intent of this Chapter is also to ensure that people who work for or seek services from entities engaged in Essential Infrastructure work, Minimum Basic Operations, and those seeking or receiving Essential Government Functions also wear a Face Covering when they are in close proximity to others. In so doing, this Chapter will help reduce the spread of the COVID-19 virus and mitigate the impact of the virus on members of the public and on the delivery of critical healthcare services to those in need. All provisions of this Chapter must be interpreted to effectuate this intent.

• B. Face coverings are meant to protect the public from the wearer in case the wearer is infected and not yet displaying symptoms. Face coverings are not a substitute for other evidencebased measures to prevent the spread of COVID-19. Face coverings should be used in addition to, but not in place of, other evidencebased measures such as social distancing, frequent hand washing practices, avoiding touching the eyes, nose, and mouth; and avoiding interactions if sick.

• (Ord. 30428.)

• A. All members of the public, except as specifically exempted below, must wear a Face Covering outside their home or other place they reside in the following situations:

  1. When they are inside of, or in line to enter, any Essential Business, Outdoor Business, and Additional Business including, but not limited to, grocery stores, convenience stores, supermarkets, laundromats, and restaurants;

  2. When they are inside or at any location or facility engaging in Minimum Basic Operations or seeking or receiving Essential Government Functions;

  3. When they are engaged in Essential Infrastructure work;

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4. When they are obtaining services at Healthcare Operations - including hospitals, clinics, COVID-19 testing locations, dentists, pharmacies, blood banks and blood drives, other healthcare facilities, mental health providers, or facilities providing veterinary care and similar healthcare services for animals - unless directed otherwise by an employee or worker at the Healthcare Operation; or

5. When they are waiting for or riding on public transportation (including without limitation any bus) or paratransit or are in a taxi, private car service, or ridesharing vehicle.

• B. Except for public transportation or paratransit provided by a government entity which are subject to their own regulations regarding face coverings, each driver or operator of any public transportation or paratransit vehicle, taxi, or private car service or ride-sharing vehicle shall wear a Face Covering while driving or operating such vehicle, regardless of whether a member of the public is in the vehicle, due to the need to reduce the spread of respiratory droplets in the vehicle at all times.

• (Ord. 30428.)

All Essential Businesses, Outside Businesses and Additional Businesses, as well as entities and organizations with workers engaged in Essential Infrastructure work or Minimum Basic Operations, except government entities providing Essential Government Functions and Healthcare Operations, which are subject to their own regulation regarding specified face coverings, shall:

• A. Require their employees, contractors, owners, and volunteers to wear a Face Covering at the workplace and when per-

forming work off-site any time the employee, contractor, owner, or volunteer is:

1. Interacting in person with any member of the public or with coworkers;

2. Working in any space visited by members of the public, such as by way of example and without limitation, reception areas, grocery store or pharmacy aisles, service counters, public restrooms, cashier and checkout areas, waiting rooms, service areas, and other spaces used to interact with the public, regardless of whether anyone from the public is present at the time;

3. Working in any space where food is prepared or packaged for sale or distribution to others;

4. Working in or walking through common areas such as hallways, stairways, elevators, and parking facilities; or

5. In any room or enclosed area when other people (except for members of the person's own household or residence) are present, including coworkers.

6. For clarity, a Face Covering is not required when a person is in a personal office (a single room) when others outside of that person's household are not present as long as the public and coworkers do not regularly visit the room. By way of example and without limitation, a construction worker, plumber, bank manager, accountant, or bike repair person is not required to wear a Face Covering if that individual is alone and in a space not regularly visited by the public or coworkers, but that individual must put on a Face Covering when coworkers are nearby, when being visited by a cli-

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ent/customer, and anywhere members of the public or other coworkers are regularly present.

• B. Take reasonable measures, such as posting signs, to remind their customers and the public of the requirement that they wear a Face Covering while inside of or waiting in line to enter the business, facility, or location. Essential Businesses, Outside Businesses and Additional Businesses and entities or organizations that engaged in Essential Infrastructure work or Minimum Basic Operations may take reasonable steps to prohibit any member of the public who is not wearing a Face Covering from entering, may refuse to serve that person if those efforts are unsuccessful, and may seek to remove that person.

• (Ord. 30428.)

• A. For Face Coverings that are not disposed of after each use, people should clean them frequently and have extra ones available so that they have a clean one available for use.

• B. Any child aged two years or less must not wear a Face Covering because of the risk of suffocation. Also due to risk of suffocation, this Chapter does not require that any child aged six years or less wear a Face Covering. Parents and caregivers must supervise use of Face Coverings by children to avoid misuse.

• C. Wearing a Face Covering is recommended but not required while engaged in outdoor recreation such as walking, hiking, bicycling, or running. But each person engaged in such activity must comply with social distancing requirements including maintaining at least six feet of separation from all other people to the greatest extent possible. Additionally, it is recommended that each person engaged in such activity bring a Face Covering and wear that Face Covering in circumstances where it is difficult to maintain compliance with Social

  • Distancing Requirements and that they carry the Face Covering in a readily accessible location, such as around the person's neck or in a pocket, for such use. Because running or bicycling causes people to more forcefully expel airborne particles, making the usual minimum six (6) feet distance less adequate, runners and cyclists must take steps to avoid exposing others to those particles, which include the following measures: wearing a Face Covering when possible; crossing the street when running to avoid sidewalks with pedestrians; slowing down and moving to the side when unable to leave the sidewalk and nearing other people; never spitting; and avoiding running or cycling directly in front of or behind another runner or cyclist who is not in the same household.

• D. This Chapter does not require any person to wear a Face Covering while driving alone, or exclusively with other members of the same family or household, in a motor vehicle.

• E. A Face Covering is also not required by this Chapter to be worn by a particular individual if the person can show either: (1) a medical professional has advised that wearing a Face Covering may pose a risk to the person wearing the mask for health-related reasons; or (2) wearing a Face Covering would create a risk to the person related to their work as determined by local, state, or federal regulators or workplace safety guidelines.

• F. A Face Covering is not required by this Chapter to be worn by a person who has trouble breathing or is unconscious, incapacitated, or otherwise unable to remove the Face Covering without assistance.

• (Ord. 30428.)

The provisions of this Chapter shall expire on the date on which the City's Proclamation of Local Emergency related to COVID-19 is terminated. (Ord. 30428.)

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