Packet Item Update 4-5-21

CITY COUNCIL COMMUNICATION AGENDA ITEM 7B

SUBJECT: ORDINANCE NO. 1805, SERIES 2021, AN EMERGENCY ORDINANCE AMENDING AND RESTATING THE REQUIREMENT TO WEAR A FACE COVERING WITHIN THE CITY OF LOUISVILLE – 1ST AND FINAL READING – PUBLIC HEARING – Adoption as an Emergency Ordinance

DATE: APRIL 6, 2021 UPDATED 4/5/21

PRESENTED BY: KATHLEEN KELLY, CITY ATTORNEY

ADDITIONAL INFORMATION PROVIDED ON APRIL 5, 2021 Boulder County Public Health updated their mask order on April 3rd as well as the state (discussed in previous Council Communication on this topic). Please find the link below. The changes are as anticipated in the new Boulder County Public Health Order, and thus the previous attached redline and clean version of the revised City ordinance remains as drafted. Here is a summary for you with links to orders, FAQs, and guidance:

Until at least May 5, 2021, masks are required in all indoor public spaces in Boulder County regardless of group size or vaccination status. Face coverings are no longer required in any setting outdoors.

Boulder County: Boulder County Public Health’s Order is more protective than the state order. In Boulder County, all individuals, regardless of vaccination status, must wear a face covering while in an indoor public space. An indoor public space is any indoor space that is not your private residence. Indoor common areas in apartment buildings for example are considered public indoor spaces, but your private apartment, house, or dorm room is not an indoor public space (that would be considered a private residence).

Boulder County’s mask order was revised in partnership with the metro region, who have implemented or are implementing similar orders requiring masks in all indoor spaces, but no longer requiring them outdoors.

Boulder County’s order is in effect from April 5 to May 5, at which time BCPH will reevaluate the order.

Statewide: The state order is less protective than the order locally in Boulder County and throughout the metro region. However, as the stricter of the two, the Boulder County Order controls locally (attached previously).

CITY COUNCIL COMMUNICATION

SUBJECT: ORDINANCE NO. 1805, SERIES 2021

DATE: APRIL 6, 2021 PAGE 2 OF 4

SUMMARY FROM APRIL 2, 2021 The attached emergency ordinance has been drafted to continue the City’s current face covering requirements until amended or repealed by ordinance of the City Council, with a few revisions intended to simplify and provide consistency with the new Governor’s Executive Order and anticipated Boulder County Public Health (BCPH) Order. The new state order is attached and a revised BCPH Order is to be released Monday. Staff will provide updated documents prior to Tuesday night’s regular City Council meeting. Also attached is the current BCPH Orders. The attached previous City ordinance from August 2020 regarding facial coverings was more restrictive than the previous State and Boulder County Public Health Orders.

Both the Governor’s and Boulder County’s Order provide that “nothing prevents a county or municipality from adopting more protective standards than those contained in their Orders.” As currently in effect, the City’s Ordinance contains more protective standards than the Executive Order and Boulder County Order.

It is staff’s understanding the new Order from BCPH consistent with the new Executive Order will remove all outdoor masking requirements as a result of increased vaccination rates and science around reduced transmissibility in the outdoors. Staff, in an attempt to provide consistency with the current state and BCPH Orders and address the upcoming changes, has provided a draft revised ordinance more in alignment with the anticipated BCPH Order and state Executive Order as follows:

 Remove all outdoor masking requirements  Remove requirements for masking for children under the age of 11  Ensure consistency with the exceptions provided in the BCPH order, including exceptions allowing the temporary removal of face coverings by individuals officiating or participating in a life rite or religious service; individuals receiving a personal service; individuals in swimming pools; and individuals alone in a room.

The upcoming BCPH Order is anticipated to be adopted by all the Denver Metro City and County Public Health organizations, including Boulder, Jefferson, Broomfield, Adams, Douglas, and Arapahoe counties. It is anticipated that the BCPH Order will be adopted and go into effect on Monday, April 5, 2021.The BCPH Order will likely be in effect for 30 days.

The CDPHE State Order just obtained and attached may necessitate changes to the upcoming BCPH Order. Staff will provide any additional information and updates as an attachment to this agenda item as additional information becomes available.

The statewide order for masking in schools remains in effect through the end of the school year. BVSD and SVVSD have required masks for all K-12 regardless of age, and

CITY COUNCIL COMMUNICATION

SUBJECT: ORDINANCE NO. 1805, SERIES 2021

DATE: APRIL 6, 2021 PAGE 3 OF 4

many camps have voluntarily implemented a mask requirement. The new Governor’s Executive Order appears to exempt children 10 and under from having to wear masks, including in schools, childcare centers and camps. This proposed city ordinance will change the City mask protocols for several City programs serving children – for example, the Recreation Center preschool, child care, and camp programs will no longer require masks to be worn by children 10 and under indoors or outdoors. Staff is supportive of this change, as the protocols will now be aligned with those in other neighboring communities within Boulder County.

Staff has presented a revised ordinance that is consistent with current BCPH Orders however, City Council may choose to provide additional restrictions. If the City is looking to align its mask requirements with the BCPH Order, City Council may choose to adopt the attached ordinance or to forgo adoption of a local ordinance in which case the BCPH Order will serve as the guiding order for the City.

If adopted as an emergency ordinance, the revised face covering requirements would become effective immediately and continue until the City Council amends or repeals the requirement by ordinance.

FISCAL IMPACT: None.

RECOMMENDATION: Consideration of Ordinance No. 1805, Series 2021

ATTACHMENT(S): 1. Ordinance No. 1805, Series 2021, redline and clean copy 2. Ordinance No. 1799, Series 2020 3. Governor’s Executive Order 4. BCPH Order

STRATEGIC PLAN IMPACT:

Financial Stewardship & ☒ ☐ Reliable Core Services Asset Management

☐ Vibrant Economic ☐ Quality Programs & Climate Amenities

☐ Engaged Community ☐ Healthy Workforce

☐ Supportive Technology ☐ Collaborative Regional Partner

CITY COUNCIL COMMUNICATION

SUBJECT: ORDINANCE NO. 1805, SERIES 2021

DATE: APRIL 6, 2021 PAGE 4 OF 4

CITY COUNCIL COMMUNICATION ORDINANCE NO. 1799______1805 SERIES 20210

AN EMERGENCY ORDINANCE AMENDING AND RESTATING THE REQUIREMENT TO WEAR A FACE COVERING WITHIN THE CITY OF LOUISVILLE

WHEREAS, the City of Louisville (the “City”) is a home-rule city and municipal corporation duly organized and existing under and pursuant to Article XX of the Colorado Constitution and Charter of the City; and

WHEREAS, the Novel Coronavirus 2019 (COVID-19) Pandemic is causing widespread human and economic impacts to the City of Louisville; and

WHEREAS, on March 15, 2020, the Mayor of the City of Louisville, pursuant to Chapter 2.32 of the Louisville Municipal Code and C.R.S. § 24-33.5-709, executed a Declaration of Local Disaster Emergency in and for the City of Louisville (the “Mayor’s Declaration”); and

WHEREAS, by Resolution No. 27 adopted on March 16, 2020, the City Council continued in effect the Mayor’s Declaration until terminated by resolution of the City Council; and

WHEREAS, on March 25, 2020, Governor Jared Polis issued Executive Order D2020- 017 (the “Statewide Stay-at-Home Order”) ordering Coloradans to stay in place through April 11, 2020 due to the presence of COVID-19 in the state, and which Statewide Stay-at-Home Order was extended by the Governor through April 26, 2020; and

WHEREAS, on April 24, 2020, Boulder County Public Health (“BCPH”) issued a Public Health Order Adopting and Extending State Stay-at-Home Orders (the “Boulder County Stay-at- Home Order”), which continued in effect the terms of the Statewide Stay-at-Home order for those persons residing in Boulder County until May 8, 2020; and

WHEREAS, in the Boulder County Stay-at-Home Order, BCPH found “the health conditions that led to the issuance of [the Statewide Stay-at-Home Order] have not abated in Boulder County”; and

WHEREAS, on April 26, 2020, Governor Polis issued Executive Order D2020-044, introducing the “Safer at Home” phase of slightly relaxed regulation, which permitted some non- critical businesses to open with certain restrictions beginning May 1, 2020, and which regulation became effective within the City of Louisville upon the expiration of the Boulder County Stay-at- Home Order; and

WHEREAS, in the Safer at Home order, Governor Polis provided that nothing in such order prevents a county or municipality from adopting more protective standards than those contained in the order, including but not limited to stay at home orders, mask wearing requirements

Ordinance No. 17991805, Series 20210 Page 1 of 9 in public, or additional protective measures and, if such local measures are adopted, they will become effective within the county or municipality without state approval; and

WHEREAS, the Centers for Disease Control and Prevention (the “CDC”) recommends the wearing of cloth face coverings in public settings where other social distancing measures are difficult to maintain, especially in areas of significant community-based transmission of COVID- 19; and

WHEREAS the CDC further recommends the use of simple cloth face coverings to slow the spread of COVID-19 and help people who may have the virus and do not know it from transmitting it to others; and

WHEREAS, the CDC has issued guidelines for cloth face coverings that include tutorials for both sewn cloth face coverings and making cloth face coverings out of common household textile items without sewing; and

WHEREAS, while the City Council encourages cloth face coverings meeting the CDC guidelines, “face covering” has been defined herein to increase flexibility for what may constitute a face covering and thus aid in compliance with the requirements of this Ordinance; and

WHEREAS, on April 22, 2020, the Colorado Department of Public Health and Environment (“CDPHE”) issued Public Health Order 20-26 requiring face coverings for employees of critical businesses and critical government functions; and

WHEREAS, the City of Louisville is a densely populated city within Boulder County, and the City Council finds that the wearing of face coverings by both employees and patrons of businesses and government facilities as set forth herein will best provide for the promotion of health and suppression of disease within the City; and

WHEREAS, the face coverings required by this Ordinance are not surgical masks or N- 95 respirators, which are critical supplies that must continue to be reserved for healthcare workers and first responders, as recommended by current CDC guidance; and

WHEREAS, the CDC recommends face coverings not be worn by children under the age of two (2) years, the CDPHE has issued additional guidelines that face coverings not be worn by children under the age of three (3) years in childcare settings, and the American Academy of Pediatrics has issued further recommendations on the use of face coverings by children, all of which have been considered by the City Council and incorporated as set forth herein; and

WHEREAS, on May 5, 2020, the City Council adopted Ordinance No. 1793, Series 2020, an Emergency Ordinance Requiring the Wearing of Face Coverings within the City, which ordinance, as amended, expireds August 30, 2020; and

WHEREAS, on July 16, 2020, Governor Polis issued Executive Order D-2020-138, which

Ordinance No. 17991805, Series 20210 Page 2 of 9 ordereds individuals in Coloradoover ten (10) years old to wear a medical or non-medical face covering when entering or within any public indoor spacedue to the presence of COVID-19 in Colorado, which order was subsequently amended and extended; and until August 15, 2020; and

WHEREAS, on July 24, 2020, BCPH amended its Public Health Order 2020-05 Requiring Facial Coverings in Public where Social Distancing Cannot be Maintained to incorporate provisions of the Executive Order , to be in effect until further modified or repealed by BCPH; and

WHEREAS, on July 30, 2020, CDPHE issued its 9th Amended Public Health Order 20-29 Safer at Home and in the Vast, Great Outdoors, which incorporates the provisions of the Governor’s Executive Orders requiring the wearing of face coverings, to be in effect until August 20, 2020; and WHEREAS, on August 18, 2020, the City Council adopted Ordinance No. 1799, Series 2020, an Emergency Ordinance Amending and Restating the Requirement to Wear a Face Covering Within the City of Louisville, which ordinance remains in effect until amended or repealed by ordinance of the City Council; and

WHEREAS, on March 23, 2021, CDPHE issued its Ninth Amended Public Health Order 20-36 COVID-19 Dial (the “Dial Order”) that implements levels of restrictions for individuals, businesses and activities to prevent further spread of COVID-19 in Colorado; and

WHEREAS, Governor Polis and CDPHE have continued to ease social distancing protections following the resolution of a December 2020 statewide surge in the number of COVID- 19 cases; and

WHEREAS, CDPHE informs in its 9th Amended Public Health Order that, as of July 29, 2020, there are 45,796 known cases of COVID-19 in Colorado, 6,398 Coloradans have been hospitalized, and 1,688 Coloradans have died from COVID-19; and

WHEREAS, BCPH has informed that as of July 24, 2020, there have been 1,716 confirmed or probable cases in Boulder County resulting in 74 deaths; and

WHEREAS, Colorado’s 3-day new case average has steadily increased since early June, approaching levels last seen at the height of the Pandemic in April 2020; and

WHEREAS, Boulder County’s current 5-day average of new cases reflects the state-wide trend of increase; and

WHEREAS, forecasts by BCPH of the current estimated trajectory predict that, if the current trend in new cases continues, COVID-19 patients will exceed ICU bed capacity in early September, and if social distancing declines below present values, ICU bed capacity could be exceeded by late August; and

Ordinance No. 17991805, Series 20210 Page 3 of 9

WHEREAS, the CDC, CDPHE, and BCPH have all recommended that members of the public, when they need to interact with others outside the home and especially in settings where many people are present, should cover their mouths and noses to prevent inadvertently spreading COVID-19. One key transmission method for the COVID-19 virus is through respiratory droplets that people expel when they breathe, cough, or sneeze. Moreover, people can be infected with the COVID-19 virus and be asymptomatic yet still be contagious. People can also be contagious 48 hours before developing symptoms. Many people with COVID-19 have mild symptoms and do not recognize that they are infected and contagious and that they can unintentionally infect others; and

WHEREAS, scientific evidence shows that limiting interactions among people slows virus transmission and, as social distancing protections are lifted, that the wearing of facial coverings by individuals while in public areas assists in maintaining reduced virus transmission by reducing the spread of respiratory droplets; and

WHEREAS, the scientific evidence shows that, although there is still a risk of transmitting the COVID-19 virus outdoors, the risk of transmitting COVID-19 is significantly higher when indoors, versus outdoors; and

WHEREAS, according to BCPH as of March 30, 2021, over 90% of Boulder County’s population 70+ years has received at least a partial course of a COVID-19 vaccine; over 75% of the 60-69 year population in Boulder County has received at least a partial course of a COVID-19 vaccine; over 110,000 Boulder County residents, representing over 40% of the eligible population, has received at least 1 course of the COVID-19 vaccine; and 57% of the 50+ year population in the Denver Metro Area has received at least 1 course of a COVID-19 vaccine; and

WHEREAS, the rate of COVID-19 deaths continues to decline in Boulder County, with only one death documented to date during March 2021 due to COVID-19, and statewide hospitalizations remain steady; and

WHEREAS, the State of Colorado is anticipating a significant increase in the supply of COVID-19 vaccine doses that will be available to Colorado residents starting in April 2021, with enough doses for every eligible person anticipated by the end of May 2021; and

WHEREAS, as of April 2, 2021, all residents of Colorado aged 16+ years will be eligible to receive a COVID-19 vaccine; and

WHEREAS, the scientific evidence shows that available COVID-19 vaccines are extremely effective at both preventing COVID-19 infection and transmission of the Sars-CoV-2 virus; and

Ordinance No. 17991805, Series 20210 Page 4 of 9 WHEREAS, on April 5, 2021, BCPH adopted Public Health Order 2021-03 Amendment of Public Health Order 2021-02 Requiring Facial Coverings in Public where Social Distancing Cannot be Maintained, which order eliminates the requirement for facial coverings in outdoor spaces; and

WHEREAS, the City Council finds the facial covering requirements set forth herein can work in concert with reduced social distancing protections currently in place pursuant to public health orders to minimize the spread of COVID-19 by reducing the exposure of individuals to the virus necessary to protect vulnerable populations and to prevent the health care system from becoming overwhelmed, and should therefore remain in effect until amended or repealed by future ordinance of the City Council; and

WHEREAS, the City Council finds and declares it has the power and authority to adopt this ordinance pursuant to C.R.S. § 31-15-103 (concerning municipal police powers), C.R.S. § 31- 15-401 (concerning municipal police powers), C.R.S. § 31-15-501 (concerning municipal authority to regulate businesses), Article XX of the Colorado Constitution (concerning municipal home rule), and the City of Louisville Home Rule Charter; and

WHEREAS, the City Council finds that an emergency exists because the preservation of public property, health, safety, and welfare requires the City to take immediate action to ensure the health of all City residents, public and private employees, business patrons, and to ensure recipients of government services are protected to the greatest extent possible from transmission of COVID-19 while engaging in commercial and governmental transactions within the City during the Pandemic.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO:

Section 1. Definitions. For purposes of this Ordinance, the following words and phrases shall have the following meanings:

A. Face covering shall mean a uniform piece of cloth or other similar material that fits snugly but comfortably against the side of the face and covers the nose and mouth and remains affixed in place without the use of one’s hands.

B. Person shall mean and include a natural person, non-profit corporation, or a business association (however defined by the law).

C. Place of public accommodation means a place of business that is open to the public, including an office or other facility where government services may be accessed.

C. Public indoor space shall mean any enclosed indoor area that is publicly or privately owned, managed, or operated to which individuals have access by right or by invitation, express or implied, and that is accessible to the public, serves as a place of employment or is an

Ordinance No. 17991805, Series 20210 Page 5 of 9 entity providing services. Public indoor spaces include all enclosed indoor areas except for a person’s residence.

D. Residence shall mean the real property upon which a person resides with other members of the person’s household, including a room in a motel or hotel or a residential room for students at an educational facility. Residence does not include any common areas that may be used in multiple households. Residence also includes a motor vehicle when being used for personal use by a person or the person’s same household.

Section 2. Face Coverings Required. It shall be unlawful:

A. For any person to enter, move within, or remain within any public indoor space, that is not the person’s residence, place of public accommodation without wearing a face covering.

B. For any person who owns, or who is in responsible control of, a place of public accommodationpublic indoor space to allow or permit to remain within such public indoor spaceplace of public accommodation any person who is not wearing a face covering.

C. For any person within Louisville, except as specifically exempted below, not to wear a face covering while using or waiting to use the service of any taxi, bus, light rail, train, car service, ride-sharing or similar service or mass transportation operations. whenever they are outside their residence and unable to maintain, or when not maintaining, social distance of at least six (6) feet from any non-household members.

Section 3. Exceptions. Nothing herein shall require the wearing of face coverings by the following:

A. Children under the age of ten (10) two (2) years, except in child care environments, where children under the age of three (3) years and children of any age while napping shall not be required to wear face coverings. In addition, this Ordinance advises that children under the age of two (2) years should not wear a face covering due to the risk of suffocation.;

B. Any child aged twelve (12) years or younger for whom the only available face covering would pose a possible choking or strangulation hazard; any child aged twelve (12) years or younger that has difficulty breathing with a face covering or is unconscious, incapacitated, or otherwise unable to remove the face covering without assistance; or any child aged twelve (12) years or younger for whom wearing a face covering would increase the risk of getting exposed to the virus because they are touching their face more often;

BC. Persons who cannot medically tolerate a face covering. have trouble breathing; a person who is unconscious, incapacitated, or is otherwise unable to remove the face covering without assistance; or persons for whom a face covering would cause impairment due to an existing health condition;

Ordinance No. 17991805, Series 20210 Page 6 of 9 D. Persons working in a professional office who do not have any face-to-face interactions with the public; provided, however, if such office is located within a building containing one or more other offices or places of public accommodation, face coverings shall be worn when entering and exiting such building and may only be removed once within the professional office where such person works and face coverings must be worn within the office at any time when persons are unable to maintain, or when not maintaining, social distance of at least six (6) feet; and

CE. Persons who are seated at a food service establishmentin restaurants that are permitted by state and county regulations to serve food for consumption on the premises, while such person in the act of eating or drinking; provided, however, that face coverings must be worn while entering and exiting the restaurant, while ordering, paying, or otherwise interacting with employees or other customers of the restaurant, and once the food and drink have been consumed. .

DF. First responders, including police officers, firefighters, and emergency medical technicians, who are actively involved in a public safety role. shall wear face coverings to the extent practicable except when use of a face covering would interfere with their ability to perform their respective duties or would prevent clear communications regarding enforcement actions or direction and when talking on the radio.

EG. Persons who are hearing impaired or otherwise disabled a person with a disability or who are communicating with someone who is hearing impaired or otherwise disabled a person with a disability and where the ability to see the mouth is essential to communication.

FH. Persons who enter a place of business or receive a service and public accommodation are asked by the manager or manager's designee to temporarily remove face coverings for purposes of identifying those persons.

G. Persons who are receiving a personal service where the temporary removal of a face covering is necessary to perform the service.

H. Persons who are officiating or participating in a life rite or religious service where the temporary removal of a face covering is necessary to complete or participate in the life rite or religious service, so long as the individual maintains at least twenty-five (25) feet distance from non-household members indoors and at least six (6) feet distance from non-household members outdoors.

I. Persons who are permitted under state orders to remove their masks so long as the person maintains at least twenty-five (25) feet distance from non-household members indoors and at least six (6) feet distance from non-household members outdoors.

J. Persons who are alone in a room with other members of their same household.

Ordinance No. 17991805, Series 20210 Page 7 of 9 K. Persons who are in a swimming pool and actively engaged in a pool activity in which their face covering might become wet.

L. Waivers granted by CDPHE for certain indoor activities that take place for a limited time period if such activities cannot be practically or safely be performed while wearing a mask as long as those activities are explicitly permitted without a face covering pursuant to Boulder County Public Health’s sports guidance.

M. When a student in a classroom setting for academic credit at a K-12 school is actively playing an instrument that cannot otherwise be played while wearing a face covering.

Section 4. Required Signage. All public indoor places of public accommodation shall display at each entrance a sign provided by the City advising all persons of the requirements of this Ordinance, and that it is unlawful to enter such public indoor place of public accommodation without a required face covering.

Section 5. Violations; Penalty. Any person charged with a violation of this Ordinance, upon conviction thereof, shall be subject to the General Penalty in Chapter 1.28 of the Louisville Municipal Code, which provides for incarceration for a period not to exceed three hundred sixty- four (364) days, a fine not to exceed two thousand six hundred and fifty dollars ($2,650.00), or both such fine and imprisonment. As provided in Section 1.28.010.B, each and every day during any portion of which any violation is committed, continued or permitted shall be a separate violation, and the violator shall be punished accordingly.

Section 6. Violations; License Suspension or Revocation. In addition to the penalties provided in Chapter 1.28 of the Louisville Municipal Code, a violation of this Ordinance may be cause for suspension or revocation of any license issued by the City following notice and hearing before the applicable licensing authority or summary, temporary suspension of a license when the noncompliance presents an immediate threat to health, safety, and welfare.

Section 7. Effective Date This ordinance shall become effective immediately and continue in effect until amended or repealed by ordinance of the City Council.

Section 8. More Restrictive Requirements Control. To the extent any federal, state, or county regulations, orders, or laws are enacted that are more restrictive than the requirements of this Ordinance, the more restrictive shall control.

Section 9. Provisions Severable. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid.

Section 10. The repeal or modification of any provision of the Municipal Code of the City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole

Ordinance No. 17991805, Series 20210 Page 8 of 9 or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.

Section 11. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

Section 12. The City Council herewith finds, determines and declares that this ordinance is genuinely and urgently necessary for the immediate preservation of the public health, safety, and welfare because the COVID-19 Pandemic has presented an urgent need to ensure and provide for the promotion of health and the suppression of disease by preventing the spread of the virus within the City.

INTRODUCED, READ, PASSED AND ADOPTED AS AN EMERGENCY ORDINANCE BY TWO-THIRDS OF THE ENTIRE CITY COUNCIL, AND ORDERED PUBLISHED this 6th 18th day of April, 2021August, 2020.

______Ashley Stolzmann, Mayor

ATTEST:

______Meredyth Muth, City Clerk

APPROVED AS TO FORM:

______Kelly PC, City Attorney

Ordinance No. 17991805, Series 20210 Page 9 of 9 ORDINANCE NO. 1805 SERIES 2021

AN EMERGENCY ORDINANCE AMENDING AND RESTATING THE REQUIREMENT TO WEAR A FACE COVERING WITHIN THE CITY OF LOUISVILLE

WHEREAS, the Novel Coronavirus 2019 (COVID-19) Pandemic is causing widespread human and economic impacts to the City of Louisville; and

WHEREAS, by Resolution No. 27 adopted on March 16, 2020, the City Council continued in effect the Mayor’s Declaration until terminated by resolution of the City Council; and

WHEREAS, in the Boulder County Stay-at-Home Order, BCPH found “the health conditions that led to the issuance of [the Statewide Stay-at-Home Order] have not abated in Boulder County”; and

Ordinance No.1805, Series 2021 Page 1 of 8 in public, or additional protective measures and, if such local measures are adopted, they will become effective within the county or municipality without state approval; and

WHEREAS the CDC further recommends the use of simple cloth face coverings to slow the spread of COVID-19 and help people who may have the virus and do not know it from transmitting it to others; and

WHEREAS, on July 16, 2020, Governor Polis issued Executive Order D-2020-138, which

Ordinance No.1805, Series 2021 Page 2 of 8 ordered individuals over ten (10) years old to wear a face covering when entering or within any public indoor space, which order was subsequently amended and extended; and

WHEREAS, on August 18, 2020, the City Council adopted Ordinance No. 1799, Series 2020, an Emergency Ordinance Amending and Restating the Requirement to Wear a Face Covering Within the City of Louisville, which ordinance remains in effect until amended or repealed by ordinance of the City Council; and

WHEREAS, Governor Polis and CDPHE have continued to ease social distancing protections following the resolution of a December 2020 statewide surge in the number of COVID- 19 cases; and

Ordinance No.1805, Series 2021 Page 3 of 8 the Denver Metro Area has received at least 1 course of a COVID-19 vaccine; and

WHEREAS, as of April 2, 2021, all residents of Colorado aged 16+ years will be eligible to receive a COVID-19 vaccine; and

WHEREAS, the scientific evidence shows that available COVID-19 vaccines are extremely effective at both preventing COVID-19 infection and transmission of the Sars-CoV-2 virus; and

WHEREAS, on April 5, 2021, BCPH adopted Public Health Order 2021-03 Amendment of Public Health Order 2021-02 Requiring Facial Coverings in Public where Social Distancing Cannot be Maintained, which order eliminates the requirement for facial coverings in outdoor spaces; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO:

Ordinance No.1805, Series 2021 Page 4 of 8

Section 1. Definitions. For purposes of this Ordinance, the following words and phrases shall have the following meanings:

B. Person shall mean and include a natural person, non-profit corporation, or a business association (however defined by the law).

Section 2. Face Coverings Required. It shall be unlawful:

A. For any person to enter, move within, or remain within any public indoor space, that is not the person’s residence, without wearing a face covering.

B. For any person who owns, or who is in responsible control of, a public indoor space to allow or permit to remain within such public indoor space any person who is not wearing a face covering.

C. For any person not to wear a face covering while using or waiting to use the service of any taxi, bus, light rail, train, car service, ride-sharing or similar service or mass transportation operations.

Section 3. Exceptions. Nothing herein shall require the wearing of face coverings by the following:

A. Children under the age of ten (10) years. In addition, this Ordinance advises that children under the age of two (2) years should not wear a face covering due to the risk of suffocation.

B. Persons who cannot medically tolerate a face covering.

Ordinance No.1805, Series 2021 Page 5 of 8

C. Persons who are seated at a food service establishment.

D. First responders, including police officers, firefighters, and emergency medical technicians, who are actively involved in a public safety role.

E. Persons who are hearing impaired or otherwise disabled or who are communicating with someone who is hearing impaired or otherwise disabled and where the ability to see the mouth is essential to communication.

F. Persons who enter a place of business or receive a service and are asked to temporarily remove face coverings for purposes of identifying those persons.

G. Persons who are receiving a personal service where the temporary removal of a face covering is necessary to perform the service.

J. Persons who are alone in a room with other members of their same household.

K. Persons who are in a swimming pool and actively engaged in a pool activity in which their face covering might become wet.

M. When a student in a classroom setting for academic credit at a K-12 school is actively playing an instrument that cannot otherwise be played while wearing a face covering.

Section 4. Required Signage. All public indoor places shall display at each entrance a sign provided by the City advising all persons of the requirements of this Ordinance, and that it is unlawful to enter such public indoor place without a required face covering.

Ordinance No.1805, Series 2021 Page 6 of 8 Section 5. Violations; Penalty. Any person charged with a violation of this Ordinance, upon conviction thereof, shall be subject to the General Penalty in Chapter 1.28 of the Louisville Municipal Code, which provides for incarceration for a period not to exceed three hundred sixty- four (364) days, a fine not to exceed two thousand six hundred and fifty dollars ($2,650.00), or both such fine and imprisonment. As provided in Section 1.28.010.B, each and every day during any portion of which any violation is committed, continued or permitted shall be a separate violation, and the violator shall be punished accordingly.

Section 7. Effective Date This ordinance shall become effective immediately and continue in effect until amended or repealed by ordinance of the City Council.

Section 10. The repeal or modification of any provision of the Municipal Code of the City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.

Section 11. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

Ordinance No.1805, Series 2021 Page 7 of 8 INTRODUCED, READ, PASSED AND ADOPTED AS AN EMERGENCY ORDINANCE BY TWO-THIRDS OF THE ENTIRE CITY COUNCIL, AND ORDERED PUBLISHED this 6th day of April, 2021.

______Ashley Stolzmann, Mayor

ATTEST:

______Meredyth Muth, City Clerk

APPROVED AS TO FORM:

______Kelly PC, City Attorney

Ordinance No.1805, Series 2021 Page 8 of 8 ORDINANCE NO. 1799 SERIES 2020

AN EMERGENCY ORDINANCE AMENDING AND RESTATING THE REQUIREMENT TO WEAR A FACE COVERING WITHIN THE CITY OF LOUISVILLE

WHEREAS, the Novel Coronavirus 2019 (COVID-19) Pandemic is causing widespread human and economic impacts to the City of Louisville; and

WHEREAS, by Resolution No. 27 adopted on March 16, 2020, the City Council continued in effect the Mayor’s Declaration until terminated by resolution of the City Council; and

WHEREAS, on April 24, 2020, Boulder County Public Health (“BCPH”) issued a Public Health Order Adopting and Extending State Stay-at-Home Orders (the “Boulder County Stay-at-Home Order”), which continued in effect the terms of the Statewide Stay-at-Home order for those persons residing in Boulder County until May 8, 2020; and

WHEREAS, in the Boulder County Stay-at-Home Order, BCPH found “the health conditions that led to the issuance of [the Statewide Stay-at-Home Order] have not abated in Boulder County”; and

WHEREAS, in the Safer at Home order, Governor Polis provided that nothing in such order prevents a county or municipality from adopting more protective standards than those

Ordinance No. 1799, Series 2020 Page 1 of 7 contained in the order, including but not limited to stay at home orders, mask wearing requirements in public, or additional protective measures and, if such local measures are adopted, they will become effective within the county or municipality without state approval; and

WHEREAS the CDC further recommends the use of simple cloth face coverings to slow the spread of COVID-19 and help people who may have the virus and do not know it from transmitting it to others; and

Ordinance No. 1799, Series 2020 Page 2 of 7

WHEREAS, on July 16, 2020, Governor Polis issued Executive Order D-2020-138, which orders individuals in Colorado to wear a medical or non-medical face covering due to the presence of COVID-19 in Colorado until August 15, 2020; and

WHEREAS, on July 24, 2020, BCPH amended its Public Health Order 2020-05 Requiring Facial Coverings in Public where Social Distancing Cannot be Maintained to incorporate provisions of the Executive Order, to be in effect until further modified or repealed by BCPH; and

WHEREAS, BCPH has informed that as of July 24, 2020, there have been 1,716 confirmed or probable cases in Boulder County resulting in 74 deaths; and

WHEREAS, Colorado’s 3-day new case average has steadily increased since early June, approaching levels last seen at the height of the Pandemic in April 2020; and

WHEREAS, Boulder County’s current 5-day average of new cases reflects the statewide trend of increase; and

WHEREAS, scientific evidence shows that limiting interactions among people slows

Ordinance No. 1799, Series 2020 Page 3 of 7 virus transmission and, as social distancing protections are lifted, that the wearing of facial coverings by individuals while in public areas assists in maintaining reduced virus transmission by reducing the spread of respiratory droplets; and

WHEREAS, the City Council finds and declares it has the power and authority to adopt this ordinance pursuant to C.R.S. § 31-15-103 (concerning municipal police powers), C.R.S. § 31-15-401 (concerning municipal police powers), C.R.S. § 31-15-501 (concerning municipal authority to regulate businesses), Article XX of the Colorado Constitution (concerning municipal home rule), and the City of Louisville Home Rule Charter; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO:

Section 1. Definitions. For purposes of this Ordinance, the following words and phrases shall have the following meanings:

B. Person shall mean and include a natural person, non-profit corporation, or a business association (however defined by the law).

C. Place of public accommodation means a place of business that is open to the public, including an office or other facility where government services may be accessed.

Section 2. Face Coverings Required. It shall be unlawful:

A. For any person to enter, move within, or remain within a place of public accommodation without wearing a face covering.

Ordinance No. 1799, Series 2020 Page 4 of 7

B. For any person who owns, or who is in responsible control of, a place of public accommodation to allow or permit to remain within such place of public accommodation any person who is not wearing a face covering.

C. For any person within Louisville, except as specifically exempted below, not to wear a face covering whenever they are outside their residence and unable to maintain, or when not maintaining, social distance of at least six (6) feet from any non-household members.

Section 3. Exceptions. Nothing herein shall require the wearing of face coverings by the following:

A. Children under the age of two (2) years, except in child care environments, where children under the age of three (3) years and children of any age while napping shall not be required to wear face coverings;

C. Persons who have trouble breathing; a person who is unconscious, incapacitated, or is otherwise unable to remove the face covering without assistance; or persons for whom a face covering would cause impairment due to an existing health condition;

D. Persons working in a professional office who do not have any face-to-face interactions with the public; provided, however, if such office is located within a building containing one or more other offices or places of public accommodation, face coverings shall be worn when entering and exiting such building and may only be removed once within the professional office where such person works and face coverings must be worn within the office at any time when persons are unable to maintain, or when not maintaining, social distance of at least six (6) feet; and

E. Persons in restaurants that are permitted by state and county regulations to serve food for consumption on the premises, while such person in the act of eating or drinking; provided, however, that face coverings must be worn while entering and exiting the restaurant, while ordering, paying, or otherwise interacting with employees or other customers of the restaurant, and once the food and drink have been consumed.

F. First responders, including police officers, firefighters, and emergency medical technicians, who shall wear face coverings to the extent practicable except when use of a face

Ordinance No. 1799, Series 2020 Page 5 of 7 covering would interfere with their ability to perform their respective duties or would prevent clear communications regarding enforcement actions or direction and when talking on the radio.

G. Persons who are hearing impaired or otherwise a person with a disability or who are communicating with someone who is hearing impaired or otherwise a person with a disability and where the ability to see the mouth is essential to communication.

H. Persons who enter a place of public accommodation are asked by the manager or manager's designee to temporarily remove face coverings for purposes of identifying those persons.

Section 4. Required Signage. All places of public accommodation shall display at each entrance a sign provided by the City advising all persons of the requirements of this Ordinance, and that it is unlawful to enter such place of public accommodation without a required face covering.

Section 5. Violations; Penalty. Any person charged with a violation of this Ordinance, upon conviction thereof, shall be subject to the General Penalty in Chapter 1.28 of the Louisville Municipal Code, which provides for incarceration for a period not to exceed three hundred sixty-four (364) days, a fine not to exceed two thousand six hundred and fifty dollars ($2,650.00), or both such fine and imprisonment. As provided in Section 1.28.010.B, each and every day during any portion of which any violation is committed, continued or permitted shall be a separate violation, and the violator shall be punished accordingly.

Section 7. Effective Date This ordinance shall become effective immediately and continue in effect until amended or repealed by ordinance of the City Council.

Section 10. The repeal or modification of any provision of the Municipal Code of the City of Louisville by this ordinance shall not release, extinguish, alter, modify, or change in

Ordinance No. 1799, Series 2020 Page 6 of 7 whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.

Section 11. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

INTRODUCED, READ, PASSED AND ADOPTED AS AN EMERGENCY ORDINANCE BY TWO-THIRDS OF THE ENTIRE CITY COUNCIL, AND ORDERED PUBLISHED this 18th day of August, 2020.

______Ashley Stolzmann, Mayor

ATTEST:

______Meredyth Muth, City Clerk

APPROVED AS TO FORM:

______Kelly PC, City Attorney

Ordinance No. 1799, Series 2020 Page 7 of 7 D 2021 079

EXECUTIVE ORDER

Amending, Restating, and Extending Executive Orders D 2020 039, D 2020 067, D 2020 092, D 2020 110, D 2020 138, D 2020 164, D 2020 190, D 2020 219, D 2020 237, D 2020 245, D 2020 276, D 2020 281, D 2021 007, D 2021 035, and D 2021 056 Ordering Individuals in Colorado to Wear Non-Medical Face Coverings

Pursuant to the authority vested in the Governor of the State of Colorado and, in particular, pursuant to Article IV, Section 2 of the Colorado Constitution and the relevant portions of the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701 et seq., I, Jared Polis, Governor of the State of Colorado, hereby issue this Executive Order amending, restating, and extending Executive Orders D 2020 039, D 2020 067, D 2020 092, D 2020 110, D 2020 138, D 2020 164, D 2020 190, D 2020 219, D 2020 237, D 2020 245, D 2020 276, D 2020 281, D 2021 007, D 2021 035, and D 2021 056, ordering individuals in Colorado to wear a medical or non-medical face covering due to the presence of coronavirus-2019 (COVID-19) in Colorado.

I. Background and Purpose

On March 5, 2020, the Colorado Department of Public Health and Environment’s (CDPHE) public health laboratory confirmed the first presumptive positive COVID-19 test result in Colorado. Since then, the number of confirmed cases has continued to climb, and we have evidence of widespread community spread throughout the State. I verbally declared a disaster emergency on March 10, 2020, and on March 11, 2020, I issued the corresponding Executive Order D 2020 003, as amended and extended by Executive Orders D 2020 018, D 2020 032, D 2020 058, D 2020 076, D 2020 109, D 2020 125, D 2020 152, D 2020 176, D 2020 205, D 2020 234, D 2020 258, D 2020 264, D 2020 268, D 2020 284, D 2020 290, D 2020 296, D 2021 009, D 2021 022, D 2021 028, D 2021 045, D 2021 061, and D 2021 068. On March 25, 2020, I requested that the President of the United States declare a Major Disaster for the State of Colorado, pursuant to the Stafford Act. The President approved that request on March 28, 2020.

My administration, along with other State, local, and federal authorities, has taken a wide array of actions to mitigate the effects of the pandemic, prevent further spread, and protect against overwhelming our health care resources.

A statewide vaccination effort is now underway, and the general population of the State of Colorado became eligible to receive the COVID-19 vaccine as of April 2, 2021. As more and more Coloradans are vaccinated, we are further protecting ourselves, our families and friends, and our communities from COVID-19. As we take steps to return Coloradans to work and return Executive Order D 2021 079 April 3, 2021 Page 2 of 5

to life as normal, we must continue to take measures to facilitate reopening the economy while protecting public health by incorporating best practices to protect individuals from infection.

This Executive Order amends, restates, and extends the prior Executive Orders relating to face coverings to protect Coloradans by requiring individuals in Colorado to wear face coverings over their nose and mouth in certain locations and situations.

II. Directives

A. In all counties, medical or non-medical cloth face coverings that cover the nose and mouth are required to be worn by individuals age eleven (11) and older when entering or within the following public and private settings:

1. Preschool through grade 12 schools (including extracurricular activities), child care centers and services, and indoor children’s camps;

2. Public areas of state government facilities, and areas in state government facilities where members of the public come into contact with state government employees;

3. Congregate care facilities, including nursing facilities, assisted living residences, intermediate care facilities, and group homes;

4. Prisons;

5. Jails;

6. Emergency medical and other healthcare settings (including hospitals, ambulance service centers, urgent care centers, non-ambulatory surgical structures, clinics, doctors’ offices, and non-urgent care medical structures);

7. Personal services, as defined by Public Health Order (PHO) 20-36; and

8. Limited healthcare settings, as defined by PHO 20-36.

B. In counties with one week disease incidence rates of 35 or fewer per 100,000 (Level Green under PHO 20-36), counties may lift or modify face covering requirements to the extent permitted under this Executive Order. In counties with one week disease incidence rates in excess of 35 per 100,000, medical or non- medical cloth face coverings that cover the nose and mouth are required to be worn by individuals age eleven (11) and older when entering or within Public Indoor Spaces where 10 or more unvaccinated individuals or individuals of unknown vaccination status are present.

Executive Order D 2021 079 April 3, 2021 Page 3 of 5

C. For the purposes of this Executive Order, Public Indoor Space means any enclosed indoor area that is publicly or privately owned, managed, or operated, to which individuals have access by right or by invitation, expressed or implied, and that is accessible to the public, serves as a place of employment, or is an entity providing services. Public Indoor Space does not mean a person’s residence, including a room in a motel or hotel or a residential room for students at an educational facility.

D. Except as permitted by Sections II.H, II.I, and II.K of this Executive Order, to protect workers, customers, and the community, owners, operators, and managers of the businesses, services, and locations listed in Sections II.A and II.B of this Executive Order and those authorized on their behalf, shall deny admittance or service and require the removal of any individual who fails to wear a medical or non-medical face covering as required by this Executive Order.

E. Owners, operators, or managers of the businesses, services, and locations identified in Sections II.A and II.B of this Executive Order must post signs at entrance(s) instructing individuals of their legal obligation under this Executive Order to wear a face covering when entering or within the business, service, or location.

F. Any individual who endangers the health of others by knowingly entering or remaining in a Public Indoor Space, as such term is defined in Section II.C of this Executive Order, in violation of the terms of this Executive Order may be subject to civil or criminal penalties, including but not limited to prosecution for trespass.

G. A State or local department or agency that learns of a business licensee that is in violation of this Executive Order will consider whether the public health, safety, or welfare requires summary, temporary suspension of the business’s license to operate (including but not limited to a liquor license).

H. The following individuals are exempt from the requirements of this Executive Order:

1. Individuals ten (10) years old and younger; and

2. Individuals who cannot medically tolerate a face covering.

I. Individuals performing the following activities are exempt from the requirements of this Executive Order while the activity is being performed:

1. Individuals who are hearing impaired or otherwise disabled or who are communicating with someone who is hearing impaired or otherwise disabled and where the ability to see the mouth is essential to communication; Executive Order D 2021 079 April 3, 2021 Page 4 of 5

2. Individuals who are seated at a food service establishment;

3. Individuals who are exercising alone or with others from the individual’s household and a face covering would interfere with the activity;

4. Individuals who are receiving a personal service where the temporary removal of the face covering is necessary to perform the service;

5. Individuals who enter a business or receive services and are asked to temporarily remove a face covering for identification purposes;

6. Individuals who are actively engaged in a public safety role, such as law enforcement officers, firefighters, or emergency medical personnel;

7. Individuals who are officiating or participating in a life rite or religious service where the temporary removal of a face covering is necessary to complete or participate in the life rite or religious service;

8. Individuals who are giving a speech for broadcast or an audience;

9. Individuals who are alone in a room.

J. Nothing in this Executive Order should be construed to prevent individuals from wearing a surgical-grade mask, face shield, or other, more protective face covering to cover the nose and mouth if that type of mask or more protective face covering is appropriate under industry standards.

K. These directives shall be applied in a manner consistent with the American with Disabilities Act (42 U.S.C. § 12101 et seq.), Title VII of the Civil Rights Act (42 U.S.C. § 2000e et seq.), the Colorado Anti-Discrimination Act (C.R.S. § 24-34-401 et seq.), and any other relevant federal or State law.

L. Nothing in this Executive Order changes or abrogates the Centers for Disease Control and Prevention’s (CDC) Order on January 29, 2021, requiring the wearing of masks by travelers to prevent the spread of COVID-19. All Coloradans must abide by the CDC’s Order, which can be viewed here: https://www.cdc.gov/quarantine/masks/mask-travel-guidance.html

M. Nothing in this Executive Order prevents a county or municipality from adopting more protective standards than those contained in this Executive Order.

N. Except as modified by this Executive Order, all Executive Orders or Public Health Orders issued due to COVID-19 and that are currently in effect shall remain in full force and effect as originally promulgated. Executive Order D 2021 079 April 3, 2021 Page 5 of 5

O. CDPHE, in consultation with the appropriate Local Public Health Administration, may grant waivers for certain indoor activities that take place for a limited time period if such activities cannot practically or safely be performed while wearing a face covering.

P. Notwithstanding any provision of this Executive Order, all Coloradans are encouraged to wear a medical or non-medical cloth face covering that covers the nose and mouth in any setting where they are likely to come into close proximity with non-vaccinated members of the public.

III. Duration

Executive Order D 2020 039, as amended and extended by Executive Orders D 2020 067, D 2020 092, D 2020 110, D 2020 138, D 2020 164, D 2020 190, D 2020 219, D 2020 237, D 2020 245, D 2020 276, D 2020 281, D 2021 007, D 2021 035, D 2021 056, and as amended, restated, and extended by this Executive Order, shall expire thirty (30) days from April 3, 2021, unless extended further by Executive Order. In all other respects, Executive Order D 2020 039, as amended and extended by Executive Orders D 2020 067, D 2020 092, D 2020 110, D 2020 138, D 2020 164, D 2020 190, D 2020 219, D 2020 237, D 2020 245, D 2020 276, D 2020 281, D 2021 007, D 2021 035, and D 2021 056 shall remain in full force and effect as originally promulgated.

GIVEN under my hand and the Executive Seal of the State of Colorado, this third day of April, 2021.

Jared Polis Governor

Public Health

PUBLIC HEALTH ORDER 2021-02 AMENDMENT OF PUBLIC HEALTH ORDER 2020-05 REQUIRING FACIAL COVERINGS IN PUBLIC WHERE SOCIAL DISTANCING CANNOT BE MAINTAINED

Pursuant to Colorado Revised Statutes (“C.R.S.”) §§ 25-1-506, 508, 509, and 516, Boulder County Public Health hereby issues this amendment of Boulder County Public Health Order 2020-02, dated May 2, 2020; Boulder County Public Health Order Extension 2020-03, dated May 21, 2020; Boulder County Public Health Order Extension and Amendment 2020-04, dated June 29, 2020; and Boulder County Public Health Order Amendment 2020-05, dated July 24, 2020. Said Public Health Orders require that facial coverings be worn in public where social distancing cannot be maintained throughout Boulder County, Colorado, so as to control and slow the spread of the SARS-CoV-2 virus (“coronavirus”) and to mitigate the effects of the disease resulting therefrom (the coronavirus and the disease resulting therefrom shall be referred to herein as “COVID-19”). The goal of this Order shall be to control and reduce the spread of COVID-19, so as to maintain consistent health care capacity in Boulder County to adequately treat patients suffering from the disease, and the goal of this Amendment is to align Boulder County’s local Public Health Order with State of Colorado Executive Order D2020-138, Ordering Individuals in Colorado to Wear Non-Medical Face Coverings, which was issued on July 16, 2020, as amended and extended.

I. FINDINGS

Whereas, Boulder County Public Health (“BCPH”) has public health jurisdiction over Boulder County, Colorado (“Boulder County”) including all cities and towns therein. In furtherance of its jurisdiction, BCPH has the power and duty to investigate and control the causes of epidemic or communicable diseases and conditions affecting the public health within Boulder County, as well as the power and duty to close schools and public places and to prohibit gatherings of people when necessary to protect public health, and to establish, maintain, and enforce isolation and quarantine, and in pursuance thereof, to exercise physical control over property and over persons within Boulder County as BCPH may find necessary for the protection of public health; and

Whereas, COVID-19 is an illness transmitted primarily through person-to-person contact via respiratory droplets or by contact with surfaces contaminated with the SARS-CoV-2 virus. Persons infected with COVID-19 may become symptomatic anywhere from two (2) to fourteen (14) days after exposure. Symptoms include fever, cough, shortness of breath, or difficulty breathing. Individuals with serious chronic health conditions and older adults are most at risk for becoming very ill with this disease; and

Whereas, COVID-19 was first detected in Wuhan, China, in late 2019, and since then has spread to over 219 countries and territories, including the United States. As of March 4, 2021, there have been 433,021 confirmed or probable positive cases of COVID-19 statewide in Colorado

and 19,132 confirmed or probable positive cases in Boulder County, as well as 5,974 deaths related to COVID-19 cases statewide and 247 deaths in Boulder County; and

Whereas, on March 10, 2020, the Governor of the State of Colorado Jared Polis (“Governor”) declared a State of Emergency related to the presence of COVID-19 in the State of Colorado; and

Whereas, on March 14, 2020, the Chair of the Board of County Commissioners for Boulder County (“BOCC”) declared a local disaster emergency, which, on March 19, 2020, was extended by the BOCC; and

Whereas, on April 17, 2020, the Governor issued Executive Order D2020-039, requiring workers in critical businesses and critical government functions to wear a non-medical mask covering their noses and mouths while at work and while serving the public, and directing the Executive Director of the Colorado Department of Public Health and Environment (“CDPHE”) to issue a Public Health Order consistent with the directives in Executive Order D2020-039; and

Whereas, on May 2, 2020, the Executive Director of Boulder County Public Health issued Boulder County Public Health Order 2020-02, requiring individuals in Boulder County to wear a Face Covering whenever they are outside their residence and unable to maintain, or when not maintaining, social distance of at least six (6) feet from any non-household members through May 26, 2020; and

Whereas, on July 16, 2020, the Governor issued Executive Order D2020-138, requiring all individuals over ten (10) years old to wear Face Coverings over their noses and mouths when entering or moving within any Public Indoor Space; and

Whereas, on May 21, 2020, the Governor issued Guidance to Employers and Places of Public Accommodation regarding equal opportunity employment and reasonable accommodations due to the presence of COVID-19, available at https://drive.google.com/file/d/1DSJuV- 9finS1_NBnQ8i_02PHQDDIWXRn/view; and

Whereas, on June 29, 2020, the Executive Director of Boulder County Public Health issued Public Health Order 2020-04, Notice of Extension and Amendment of Boulder County Public Health Order Requiring Facial Coverings in Public Where Social Distancing Cannot be Maintained, amending and extending, until further modified or repealed, the requirement for individuals in Boulder County to wear a Face Covering whenever they are outside their residence and unable to maintain, or when not maintaining, social distance of at least six (6) feet from any non-household members; and

Whereas, on July 24, 2020, the Executive Director of Boulder County Public Health issued Public Health Order 2020-05, Amendment of Boulder County Public Health Order Requiring Facial Coverings in Public Where Social Distancing Cannot be Maintained, amending the requirement for individuals in Boulder County to wear a Face Covering whenever they are

Page 2 of 7

outside their residence and unable to maintain, or when not maintaining, social distance of at least six (6) feet from any non-household members; and

Whereas, on December 14, 2020, the Governor issued Executive Order D2020-281 amending prior Executive Orders to require all individuals over ten (10) years old to wear Face Coverings over their nose and mouth when entering or within any Public Indoor Space; and

Whereas, on February 4, 2021, the Governor extended Executive Order Face Covering requirements pursuant to Executive Order D2021-035; and

Whereas, on February 12, 2021, the Executive Director of CDPHE, pursuant to Colorado Revised Statutes §§ 25-1.5-101(1)(a) and 25-1.5-102(1)(a)(I), issued Seventh Amended Public Health Order 20-36 COVID-19 Dial that implements levels of restrictions for individuals, businesses and activities to prevent further spread of COVID-19 in Colorado, including Face Covering requirements for employees, patrons, and other individuals across many industries and activities; and

Whereas, the Governor and CDPHE have continued to ease social distancing protections following the resolution of a December 2020 statewide surge in the number of COVID-19 cases; and

Whereas, the United States Centers for Disease Control and Prevention (“CDC”), CDPHE, and Boulder County Public Health (“BCPH”) have recommended that members of the public, when they need to interact with others outside the home and especially in settings where many people are present, should cover their mouths and noses to prevent inadvertently spreading COVID-19. One key transmission method for the COVID-19 virus is through respiratory droplets that people expel when they breathe, cough, or sneeze. Moreover, people can be infected with the COVID- 19 virus and be asymptomatic yet still be contagious. People can also be contagious 48 hours before developing symptoms. Many people with COVID-19 have mild symptoms and do not recognize that they are infected and contagious and that they can unintentionally infect others; and

Whereas, scientific evidence shows that limiting interactions among people slows virus transmission and, as social distancing protections are lifted, the wearing of Face Coverings by individuals while in public areas assists in maintaining reduced virus transmission by reducing the spread of respiratory droplets; and

Whereas, the scientific evidence shows that the risk of transmitting SARS-CoV-2 while outdoors is significantly reduced by wearing a Face Covering1; and

Whereas, a Face Covering mandate can work in concert with reduced social distancing protections under CDPHE Order 20-36, as amended (“Dial Order”), to minimize the spread of

1 https://www.medrxiv.org/content/10.1101/2021.01.19.21250116v1.full.pdf

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COVID-19 by reducing the exposure of individuals to the virus which is necessary to protect vulnerable populations and to prevent the health care system from becoming overwhelmed.

II. ORDER

Pursuant to statutory authority granted to the Executive Director of BCPH and consistent with the Governor’s Executive Orders and the CDC’s Guidance, the following is ordered:

1. Each person within Boulder County, except as specifically exempted below by Paragraph 4 or 5, must wear a Face Covering whenever they are outside their Residence and unable to maintain, or when not maintaining, social distance of at least six (6) feet from any non- household members in any setting whether indoors or outdoors. In addition, each person in Boulder County must wear a Face Covering, as required by the Governor’s Executive Order D2020-138, as amended and extended; that is, when entering or within any Public Indoor Space or while using or waiting to use the services of any taxi, bus, light rail, train, car service, ride-sharing or similar service, or Mass Transportation Operations. These requirements supplement and are in addition to all social distancing and other requirements contained in any State or local Public Health Order.

2. Face Covering as used in this Order, 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. Mesh, netting, or similarly porous material does not meet the requirements or definition of a Face Covering. A Face Covering may be factory-made or may be handmade and improvised by using ordinary household materials. The Face Covering should fit snugly but comfortably against the side of the face; allow for breathing without restriction; and either be constructed of disposable mask materials or include multiple layers of fabric that can be laundered and machine-dried without damage or change to shape. Face Coverings must cover the nose and mouth at all times and should remain in place until taken off safely. If a worker’s Face Covering moves during work, it must be replaced with one that does not need to be frequently adjusted in order to reduce touching of the face. A Face Covering should be replaced when it becomes dirty, wet, and/or difficult to breathe through.

Note that 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 Order and is not to be used to comply with this Order’s requirements. Valves of that type permit droplet release from the mask and can put others nearby at risk.

A video showing how to make a face covering and additional information about how to wear and clean Face Coverings may be found on the CDC’s website at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-face- coverings.html.

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3. Residence as used in this Order, means the real property upon which an individual resides with other members of their household, including a room in a motel or hotel or a residential room for students at an education facility. Residence does not include any common areas that may be used by multiple households. Residence also includes a motor vehicle when being used for personal use by an individual or their same household.

4. The following individuals are exempt from the requirements of this Order: a. Individuals ten (10) years old and younger; or b. Individuals who cannot medically tolerate a Face Covering.

5. Individuals performing the following activities are exempt from the requirements of this Order while the activity is being performed: a. Individuals who are hearing impaired or otherwise disabled or who are communicating with someone who is hearing impaired or otherwise disabled and where the ability to see the mouth is essential to communication; b. Individuals who are seated at a food service establishment; c. Individuals who are exercising alone or with others from the individual’s household and a Face Covering would interfere with the activity; d. Individuals who enter a business or receive service and are asked to temporarily remove a face covering for identification purposes; e. Individuals who are actively engaged in a public safety role such as law enforcement personnel, firefighters, or emergency medical personnel; f. Individuals who are officiating or participating in a life rite or religious service where the temporary removal of a Face Covering is necessary to complete or participate in the life rite or religious service, so long as the individual maintains at least twenty- five (25) feet distance from non-household members indoors and at least six (6) feet distance from non-household members outdoors; g. Individuals who are permitted under state orders to remove their masks so long as the individual maintains at least twenty-five (25) feet distance from non-household members indoors and at least six (6) feet distance from non-household members outdoors; h. Individuals who are receiving a personal service where the temporary removal of a Face Covering is necessary to perform the service; i. Individuals who are alone in a room; j. Individuals who are in a swimming pool and actively engaged in a pool activity in which their Face Covering might become wet; k. Waivers granted by CDPHE for certain indoor activities that take place for a limited time period if such activities cannot be practically or safely be performed while wearing a mask as long as those activities are explicitly permitted without a Face Covering pursuant to Boulder County Public Health’s sports guidance; or l. When a student in a classroom setting for academic credit at a K-12 school is actively playing an instrument that cannot otherwise be played while wearing a Face Covering.

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6. This Order does not require any child aged ten (10) years and younger to wear a Face Covering. Parents and caregivers must supervise the use of Face Coverings by children to avoid misuse. In addition, this Order advises that children under age two years should not wear a Face Covering due to the risk of suffocation.

7. This Order adopts and is intended to provide additional public health protections by supplementing the requirements of other state Face Covering orders, including but not limited to: Executive Order D2020-39, Executive Order D2020-067, Executive Order D2020-092, Executive Order D2020-110, Executive Order D2020-138, Executive Order D2020-164, Executive Order D2020-190, Executive Order D2020-219, Executive Order D2020-237, Executive Order D2020-245, Executive Order D2020-276, Executive Order D 2020-281, Executive Order D2021-007, and Executive Order D2021-035, D2021-56, as well as the Face Covering orders contained in all CDPHE orders, including but not limited to Public Health Order 20-36, as amended. At all times, the most protective, applicable protective order shall control. a. Nothing in this Order should be construed to preempt any State of Colorado regulations (including CDPHE Orders) concerning medical Face Coverings. b. Nothing in this Order should be construed to preempt any State of Colorado regulations (including CDPHE Orders and Executive Orders) that impose Face Covering requirements beyond those contained in this Order. c. Nothing in this Order should be construed to preempt any local Public Health Orders. d. Nothing in this Order shall be construed to prevent a municipality from adopting more protective standards than those contained in this Order.

8. No owner, operator, or manager of a Public Indoor Space, as the term is defined in Paragraph R of Executive Order D2020-138, may provide service to such individuals or allow an individual to enter or be within that Public Indoor Space, unless the individual is wearing a Face Covering as required by Executive Order 2020-138, as amended. This Paragraph 8 shall be construed to incorporate in full Paragraph II.I of the Governor’s Executive Order 2020-138.

9. All businesses must post signs at entrance(s) instructing individuals of their legal obligation under this order and the Governor’s Executive Order 2020-138. Posting of a sign pursuant to Paragraph II.J of Executive Order 2020-138 shall be considered sufficient for purposes of this Paragraph 9. A sign is available at https://covid19.colorado.gov/mask-guidance.

10. Any business that is in violation of this Face Covering Order or of the Governor’s Executive Order 2020-138 may be subject to a civil action, including but not limited to injunctive relief pursuant to C.R.S. § 25-1-514 and reimbursement of expenses pursuant to C.R.S. § 25-1- 516(3), and reporting to the appropriate licensing agency for suspension or revocation of its license pursuant to Paragraph II.K of the Governor’s Executive Order 2020-138.

Along with CDPHE, BCPH is tasked with protecting the health and welfare of the citizens of Boulder County by investigating and controlling cases of epidemic and communicable disease.

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This Order is necessary to control the transmission of disease to others. Immediate issuance of this Order is necessary for the preservation of public health, safety, or welfare.

Anyone with questions regarding this Order should contact the BCPH Call Center at 720-776- 0822 or view the COVID-19 information on BCPH’s website at BoCo.org/COVID-19.

This BCPH Public Health Order shall be in effect from March 10, 2021, at 12:01 a.m., and shall continue until further modified or repealed.

FAILURE TO COMPLY WITH THIS ORDER IS SUBJECT TO PENALTIES CONTAINED IN C.R.S. §§ 25-1-114 and 25-1-516, INCLUDING A FINE OF UP TO FIVE THOUSAND DOLLARS ($5,000.00) AND IMPRISONMENT IN THE COUNTY JAIL FOR UP TO ONE YEAR.

March 9, 2021 Jeffrey J. Zayach, MS Date Executive Director Boulder County Public Health

APPROVED BY BOULDER COUNTY BOARD OF HEALTH: March 8, 2021

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