HomeMy WebLinkAboutMemo - Read Before Packet - 5/5/2020 - Memorandum From Seonah Kendall And Honore Depew Re: Emergency Order No. 070, 2020-Local Covid-19 Emergency - Face Coverings - Agenda Item #101 of 1 | P a g e
City Manager’s Office
PO Box 580
300 LaPorte Ave.
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
MEMORANDUM
Date: May 5, 2020
To: Mayor Troxell and City Councilmembers
Through: Darin Atteberry, City Manager
Jeff Mihelich, Deputy City Manager
Kelly DiMartino, Deputy City Manager
Jackie Kozak Thiel, Chief Sustainability Officer
From: SeonAh Kendall, Senior Manager, Economic Health
Honore Depew, Interim Policy and Project Manager
Re: Face Coverings Order
Background
On May 1, 2020, City Manager Darin Atteberry signed Emergency Rules and Regulation No.
2020-15 to limit the health impacts of COVID-19 by requiring people entering most enclosed
buildings to wear face coverings beginning Monday, May 4, 2020. Larimer County Public Health
(“County) Director Tom Gonzales also issued a county-wide public health order on Sunday, May
3, 2020 requiring all individuals entering or in line to enter a business to wear face coverings
beginning on May 2, 2020 and continuing until May 30, 2020. Both orders are intended to allow
more businesses the opportunity to open and begin recovery, while protecting the health and
safety of their employees and customers.
Compliance
In the City of Fort Collins (“City”), it is the responsibility of the business/service provider to
ensure visitors wear face coverings while inside the establishment. In the City, businesses must
post signage in a prominent area informing the public about the face covering policy.
Businesses may access signs developed by the City (fcgov.com/eps/coronavirus-
facecoverings), by the County (larimer.org/health/communicable-disease/coronavirus-covid-19)
or create their own sign. If someone enters a business establishment without a face covering,
an employee should notify the patron of the requirement to wear a face covering and refuse
service if they do not comply.
Community Outreach Efforts
To assist with implementation, City staff has developed several resources and consistent
information to support the community at this time.
Webpage with FAQs and signage for businesses
o https://www.fcgov.com/eps/coronavirus-facecoverings
Information carried in local media
Posts and replies on City’s social media channels
DocuSign Envelope ID: C7CF8FDF-DB9F-4564-AA42-7EDFF32C1EAB
2 of 2 | P a g e
Code Compliance follow up from complaints
o Nuisance hotline and Access Fort Collins
Face coverings available for Transfort passengers without them
Individual responses to emails and phone calls
Enforcement
We are asking the public not to call 911 when a business or individual is observed to not be
following the order. If a member of the public would like to report a violation, they can do so
using Access Fort Collins or by calling (970) 416-2200. A Code Compliance Officer will respond
and has the authority to issue citations. An education-first approach to compliance is being
employed.
Comparison of County and City Order
Below is the City's interpretation of differences between the City Order and County Order. City
staff has used its best efforts to interpret the County Order based on the information currently
available. As the County provides additional clarification and information, this comparison may
change.
For easy reference, language that is highlighted in yellow explains topics where the City Order
is stricter and language that is highlighted in green explains topics where the County Order is
stricter. An individual must adhere to the requirements of the stricter order in any specific
situation.
1. Definition of “face covering”
The City Order and County Order generally appear consistent in what is considered a face
covering.
2. Scope of the order
The scope of the City Order and County Order are both stricter in different ways.
The scope of the City Order is stricter because it requires a face covering in more locations than
the County Order.
The scope of the County Order is stricter in that in addition to requiring a face covering when
entering and inside businesses covered by the County order, the County requires a face
covering while waiting in line for a business covered by the County Order.
3. Face coverings in the workplace
The City Order and County Order appear consistent in they require an individual to wear a face
covering in the workplace if they interact with the public or other employees as part of their job.
4. Age exemption and childcare facilities
The County Order is stricter because the City Order exempts individuals under 10 years of age
from the face covering requirement and the County Order only exempts individuals under 2
years of age.
DocuSign Envelope ID: C7CF8FDF-DB9F-4564-AA42-7EDFF32C1EAB
3 of 2 | P a g e
The County Order may also be interpreted to be stricter because the City Order exempts
children within a childcare facility whereas the County Order refers childcare facilities to State
guidance that suggests childcare facilities provide face coverings to children over the age of 3.
5. Medical condition exemption
Both the City Order and County Order exempt individuals who have medical conditions that may
impact their ability to wear a face covering from the face covering requirement, however, the
City Order is stricter because it requires the individual to have a doctor’s note.
6. Medical procedures exemption
The County Order may be stricter because the City order exempts individuals that undergo a
medical or dental procedure that require access to the nose or mouth and the County Order
does not, however, it is unknown at this time if the County Order intended to include medical
offices as a covered business that are subject to the face covering requirement in the County
Order.
7. Banks, financial institutions and pawn shops exemption
The County Order is stricter because the City Order exempts customers of banks, financial
institutions and pawn shops and the County Order does not.
8. Signage requirements
The City Order is stricter because the County Order does not require businesses to display
signage informing customers of the face covering requirements.
9. Obligation of business
The City Order is stricter because it is a violation of the City Order for A business to allow an
individual to remain on or within business property without a face covering.
10. Enforcement and penalties
Violations of the City Order is currently a misdemeanor that is punishable with a fine up to
$3,000 and imprisonment not to exceed six months
Violations of the County Order is a Class 1 misdemeanor that is punishable with fines ranging
from $500-$5,000 and imprisonment ranging from 6-18 months, or both.
Attachment 1: Face Covering Signage for Businesses
Attachment 2: Face Covering Signage Non Discrimination
Attachment 3: Face Covering FAQs
DocuSign Envelope ID: C7CF8FDF-DB9F-4564-AA42-7EDFF32C1EAB
Welcome! For the safety of our
community, all visitors are required to
wear a cloth face covering or mask.
¡Bienvenidos! Por la seguridad
de nuestro comunidad, todos
los visitantes deben usar un
cubrebocas o máscara.
Auxiliary aids and services are available for persons with disabilities. 20-22287
Los recursos para discapacitados y asistencia auxiliar son disponibles para la gente con discapacitadas.
F
O
R
F
O
R
T
C
O
L
L
I
N
S
DocuSign Envelope ID: C7CF8FDF-DB9F-4564-AA42-7EDFF32C1EAB
Covering our mouths and noses in public can help
protect ourselves and those around us from COVID-19.
Please remember wearing a facial covering is no cause
for racial profiling and/or discrimination, violence, or
removal from public areas
Let’s all do our part in protecting each other—these
are difficult times for everyone, regardless of race,
ethnicity, age, or ability.
Let’s not cause more fear…neighbor to neighbor, we’re
all in this together!
IT’S WHAT’S BEHIND THE MASK
THAT MATTERS MOST.
Auxiliary aids and services are
available for persons with disabilities.
Los recursos para discapacitados y
asistencia auxiliar son disponibles para
la gente con discapacitadas. 20-22287
DocuSign Envelope ID: C7CF8FDF-DB9F-4564-AA42-7EDFF32C1EAB
Face Covering Order: Frequently Asked
Questions
Read the Face Covering Order here.
Business Signs
Half and full size face covering posters available for download.
What is a face covering?
A face covering means a piece of material that securely covers a person’s nose and mouth
and remains in place without the use of one’s hands. Face Coverings include, but are not
limited to, bandanas, medical masks, cloth masks and gaiters.
THE PUBLIC IS DISCOURAGED FROM ATTEMPTING TO ACQUIRE HEALTH CARE AND
INDUSTRIAL FACE COVERINGS THAT ARE NECESSARY TO PROTECT HEALTH CARE
WORKERS DURING THE COVID-19 PANDEMIC.
Why should I wear a face covering?
Washing hands, maintaining physical distance, staying home as much as possible, and
wearing a face covering properly when in public are all effective ways to slow the spread of
the virus that causes COVID-19.
The CDC recommends the widespread use of face coverings as a mechanism to slow the
spread because the primary transmission of COVID-19 is now known to be by respiratory
droplets, and the transmission largely occurs in the first seven days after infection, when
people often do not show signs of being sick.
Please remember wearing a facial covering is no cause for racial profiling and/or
discrimination, violence, or removal from public areas.
We can all do our part in protecting each other—these are difficult times for everyone,
regardless of race, ethnicity, age, or ability.
Let’s not cause more fear…neighbor to neighbor, we’re all in this together!
When am I required to wear a face covering?
You should wear a face covering when entering and while inside:
1. Any public enclosed area or adjacent patio, including retail and commercial
businesses or on-site service providers, to which the public is invited or in which
workers, including volunteers, from more than one household are present.
2. Any City of Fort Collins building or facility.
3. Any public transportation, including City Transfort buses.
DocuSign Envelope ID: C7CF8FDF-DB9F-4564-AA42-7EDFF32C1EAB
4. Any other public indoor place where persons are unable to maintain safe social
distancing (six or more feet separation) from others not of their own household.
Should I wear a face covering at work?
In most cases, yes. Exceptions are listed below. Employees of retail and commercial
businesses or on-site service providers, to which the public is invited must wear face
coverings. This includes all City of Fort Collins employees who interact with others in City
buildings and facilities, as well as any public transportation workers.
Does my child need to wear a face covering?
If your child is under ten years of age or within a childcare facility, they are not required to
wear a face covering, but it is recommended.
Do I need to wear a face covering if I have an existing health condition?
If a face covering would cause you impairment due to an existing health
condition, documented by a medical professional, you are not required to wear a
mask. During the safer at home phase, susceptible individuals with underlying health
conditions should remain at home, as they are more at risk for contracting COVID-19.
Are there any other exceptions to this rule?
Yes, here are the exceptions to the requirement for face coverings:
1. Children under the age of ten years old or within a childcare facility;
2. Those working in an office or other workspace without face-to-face
interactions or sharing workspace with others;
3. Those undergoing a medical or dental procedure that requires access to the
person’s mouth or nose;
4. Property owned or operated by the federal, state or county
governments (governed by their own rules); and
5. Customers of banks, financial institutions, and pawn shops; however, employees
of these places must still wear face coverings.
How do I know if my face covering fits?
Following the Centers for Disease Control guidance, the public is strongly encouraged to
wear cloth face coverings that:
• Fit snug and comfortably against the side of the face;
• Are secured with ties or ear loops;
• Include multiple layers of fabric;
• Allow for breathing without restriction; and
• Are able to be laundered and machine dried without damage or change to
shape.
Information on making such masks can be found at: www.cdc.gov/coronavirus/2019-
ncov/prevent-getting-sick/diy-cloth-face-coverings.html.
How will this be enforced?
DocuSign Envelope ID: C7CF8FDF-DB9F-4564-AA42-7EDFF32C1EAB
This order is intended to make it clear how important face coverings are for the health and
safety of our community. In the event of an intentional and sustained violation, there are
penalties.
For businesses that are observed or reported to be in violation of the Face Covering Order
(i.e., allowing patrons service without face coverings), a Code Compliance Officer will
respond and has the authority to issue citations.
If someone enters a property or area covered by the City of Fort Collins Face
Covering Order without a face covering, they should be notified of the requirement to wear a
face covering by an employee of the establishment and refused service. If the
patron does not comply with the face covering requirement and does not leave the property
or area, a Police Officer may be called.
What are the penalties if the Face Covering Order is not followed?
If you are asked to wear a face covering, or to leave the property, and you continue to
remain in the area or on the property requiring a face covering without wearing one, you will
be guilty of a criminal misdemeanor pursuant to Section 1-15 of the City Code. Fort Collins
City Council, in its discretion, may pass an ordinance reducing the penalties for violations of
this emergency rule to a civil infraction pursuant to Section 1-15(f) of the City Code.
Operational controls of property types outlined above, including employers and business
operators or managers, who allow a person to remain inside or on the property without
wearing a face covering are also guilty of a criminal misdemeanor pursuant to Section 1-15
of the City Code. Fort Collins City Council, in its discretion, may pass an ordinance reducing
the penalties for violations of this emergency rule to a civil infraction pursuant to Section 1-
15(f) of the City Code.
How do I report a violation?
Please do not call 911 to report violations of this emergency rule. You can report suspected
violations of this emergency rule at www.fcgov.com/accessfortcollins or by calling (970)-416-
2200.
DocuSign Envelope ID: C7CF8FDF-DB9F-4564-AA42-7EDFF32C1EAB