[HISTORY: Adopted by the Common Council of the City of Oneonta 11-3-2020 by Ord. No. 3-2020;[1] amended in its entirety 5-18-2021 by Ord. No. 4-2021.
Subsequent amendments noted where applicable.]
[1]
Editor's Note: Section 2 of this ordinance stated as follows:
"To ensure public awareness of the geographic boundaries, signs shall
be posted at the entrances to Main Street and within the MU-1 Zone
which advise of the substance of the ordinance."
A.
In February 2020, the Center for Diseases Control and Prevention
("CDC") confirmed the first case in the United States of a new respiratory
disease called the novel corona virus (COVID-19). COVID-19 is caused
by a virus (SARS-Co V-2) that is part of a large family of viruses
called corona viruses. COVID-19 spread rapidly in New York. New York
State first identified cases within its borders on March 1, 2020.
It is therefore essential that the spread of the virus be slowed to
safeguard public health, safety, and welfare.
B.
The Governor has issued multiple executive orders throughout the
pandemic regulating to the gatherings of individuals, whether it is
on public or private property and the need to wear masks or face covering
devices to limit the transition of COVID-19. On April 27, 2021, the
Governor, in response to, and consistent with, the guidance of the
CDC announced new guidance recognizing that when Americans who are
fully vaccinated when outside, biking, hiking, running, or in small
gatherings, a mask or other face covering is no longer necessary in
most circumstances.
C.
By Executive Order the State of New York has adopted the new CDC
guidance and fully vaccinated people can engage in more activities
than unvaccinated people, in public places which includes participating
in outdoor activities and recreation without a mask, except in certain
crowded settings and venues.
As used in this chapter, the following terms shall have the
meanings indicated:
Face masks and face coverings include, but are not limited
to, cloth (e.g., homemade, sewn, quick cut, bandana), surgical masks,
N-95 respirators, and face shields, any one of which must cover the
nose and mouth of the wearer.
All persons must wear a face mask or face covering while attending
an outdoor event, including a live performance or parade, within the
MU-1 downtown shopping district as shown and described on the City
of Oneonta Zoning District Map. Masks covering both the nose and mouth
of the wearer, must be worn by customers when inside any business
establishment; retail, restaurant or service provider, except as hereinafter
set forth.
A.
Face masks or face coverings shall not be required to be worn by
any child under the age of two or by anyone who is unable to medically
tolerate a face covering as determined by a New York licensed physician
or mid-level provider.
B.
This provision shall not apply to any person while when they are
stationary and seated, or standing while eating and/or drinking, at
a City approved outdoor eating area or within a restaurant or food
serving establishment in compliance with New York State Department
of Health regulations.
C.
Police officers, firefighters, ambulance personnel and other first
responders shall not be required to wear a face mask or face covering
when not practical because they are engaged in a public safety matter
of an emergency nature.
A.
This law may only be enforced during the time that a declaration
of emergency is issued by the New York State Governor due to an epidemic
or disease outbreak that is communicable through droplet contact or
airborne transmission.
B.
The Police Department of the City of Oneonta shall enforce the provisions
of this chapter.
C.
Any person found guilty of a violation of this chapter shall be subject
to a civil penalty in the form of a fine of up to $1,000.
