[Adopted 11-23-2020 by Ord. No. 11-2020]
A. 
In February 2020, the Center for Disease Control and Prevention ("CDC") confirmed the first case in the United States of a new respiratory disease called the novel coronavirus (COVID-19). COVID-19 is caused by a virus (SARS-CoV-2) that is part of a large family of viruses called coronaviruses. COVID-19 spread rapidly in New York. COVID-19 poses serious health risks to persons infected with the disease, particularly those with underlying medical conditions and the elderly. The spread of COVID-19 has caused economic hardship for many of the City of Newburgh's residents and business owners, and has significantly impacted the City of Newburgh's ability to provide services to its constituents. It is therefore essential that the spread of the virus be slowed to safeguard public health, safety and welfare.
B. 
The virus that causes COVID-19 is readily transmitted via respiratory droplet contact, especially in group settings. Droplet transmission can be reduced with the use of personal protective barriers, such as face masks. The CDC and other public health agencies have uniformly recommended that the general public wear cloth face coverings and that individuals not residing within the same household maintain at least six feet of social distance from one another to prevent the spread of COVID-19 by droplet transmission.
C. 
On April 15, 2020, Governor Andrew M. Cuomo issued Executive Order 202:17 requiring any individual who is over the age of two and able to medically tolerate a face covering to cover their nose and mouth with a mask or cloth face covering when in a public place and unable to maintain, or when not maintaining social distance.
D. 
On May 28, 2020, the Governor issued Executive Order 202.34 which authorized business operators and building owners to deny admittance to individuals who fail to comply with the Governor's face mask mandate set forth in Executive Order 202.17 or to require or remove individuals from the premises if such individual fails to wear a face mask as required. Nothing in Executive Order 202.34 or any other Executive Order prohibits or limits the right of state and local enforcement authorities from imposing fines or other penalties for any violation of the directive in Executive Order 202.17.
E. 
The New York State Department of Health has issued industry guidance during the COVID-19 public health emergency for a variety of activities, industries and businesses which sets forth physical distancing requirements to minimize the spread of droplets and airborne contaminants, including generally mandating a distance of six feet between individuals and when not able to do so, the wearing of acceptable face covering.
F. 
The Governor has issued multiple Executive Orders limiting the gatherings of individuals, whether it is on public or private property. Gatherings that do not exceed the Governor's limitations may occur so long as appropriate social distancing and face covering requirements are adhered to.
G. 
Governor Cuomo has stated that local governments have a responsibility to enforce social distancing, mask-wearing requirements and business closures and among other COVID-19 limitations. The Governor has warned local governments across New York State that if local officials do not enforce compliance with COVID-19 public health orders, areas will be closed again. The Governor has stated that he will reverse openings in areas that are not complying with the rules and in those areas where local governments are not enforcing the law.
H. 
On October 21, 2020, Governor Cuomo announced New York State's COVID-19 microcluster strategy metrics to establish focus zones to detect small outbreaks in COVID-19 cases in specific geographic areas of the state. "Cluster zone" focus areas are designated based on geographic case prevalence and restrictions are implemented accordingly based on the severity of spread. Buffer zones with fewer restrictions are implemented in the areas outside the most impacted areas to help prevent further spread, and after 14 days, data is reviewed to determine whether a focus area has successfully reduced viral spread to the level where restrictions can be eased.
I. 
On November 19, 2020, Governor Cuomo announced new COVID-19 Focus Zones for municipalities in Orange County, including the City of Newburgh, because the positivity rate and number of daily cases meet the metrics for establishing a yellow precautionary zone.
J. 
The City Manager of the City of Newburgh has issued a state of emergency requiring compliance with CDC and New York State health and safety precautions, including social distancing and wearing masks or face coverings, in the City of Newburgh.
K. 
While voluntary compliance with the aforementioned health and safety precautions on public and private property is preferred, the City Council of the City of Newburgh has determined that the grave health risks and economic impacts associated with COVID-19 require enforcement mechanisms to protect the public health, safety and welfare of City of Newburgh residents. This ordinance, therefore, establishes mandatory requirements regarding the use of face masks and face coverings on private and public property in the City of Newburgh as well as penalties for any violation of the requirements of this article.
As used in this article, the following terms shall have the meanings indicated:
FACE MASKS AND FACE COVERINGS
Face masks and face coverings include, but are not limited to, cloth masks (e.g., homemade sewn, quick cut, bandana), surgical masks, N-95 respirators, and face shields.
A. 
All persons shall wear a face mask or face covering which shall be worn covering the nose and mouth of the wearer at all times in the City of Newburgh when present in or on any public property or public space, including but not limited to any park, recreational facility, City building, sidewalk, street, parking lot or plaza, when unable to maintain a distance of six feet from another person who is not a member of the same household.
B. 
All persons shall wear a face mask or face covering which shall be worn covering the nose and mouth of the wearer at all times when on private property located in the City of Newburgh, including but not limited to residential property, business and professional offices, retail and personal service establishments, restaurants, child-care facilities, places of public accommodation, private clubs and religious establishments, when unable to maintain a distance of six feet from another person who is not a member of the same household.
C. 
Owners of businesses located in the City of Newburgh are obligated to maintain compliance with the provisions of this section by customers, clients, or visitors on business premises and may be found in violation of this article and subject to a penalty as provided in § 187-17 of this article.
A. 
Face masks or face coverings shall not be required to be worn by any child under the age of five or by anyone who is unable to medically tolerate a face mask or face covering as determined by a New York State licensed physician or mid-level provider. However, this subsection shall not exempt any person from maintaining a distance of at least six feet from another person, except for a child under the age of five when such person is with a parent or guardian who is not a member of the same household.
B. 
Face masks or face coverings shall not be required to be worn if individuals maintain a distance of at least six feet from another person. Individuals who reside in the same household shall not be required to wear a face mask or face covering if located within six feet of each other.
C. 
Drivers traveling alone or exclusively with members of their households in a motor vehicle do not need to wear face coverings when traveling in said motor vehicles. Individuals who are riding bicycles, scooters, or are jogging in the roadway also are exempt from wearing a mask or face covering. However, this subsection does not exempt joggers and individuals riding scooters if on the sidewalks.
D. 
Persons playing a sport or participating in a fitness class or recreational activity are not required to wear a face mask if individuals are unable to tolerate a face covering for the physical activity. Persons must put a face mask or face covering on as soon as such physical activity has ended.
E. 
Individuals are not required to wear a face mask or face covering when they are actively eating and/or drinking, or while seated at a restaurant.
F. 
Police officers, fire fighters, 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, which include, but are not limited to, public safety emergencies in which a face mask or face covering interferes with and/or impedes the use of equipment, critical incident communication, an applicable industry or standard operating procedure, general order or other similar rule or regulation.
A. 
This law may only be enforced during the time that a declaration of emergency is issued by the New York State Governor or the City Manager of the City of Newburgh due to an epidemic or disease outbreak that is communicable through droplet contact or airborne transmission.
B. 
Any person who violates the provisions of this article shall, upon conviction thereof, be subject to a fine in the amount of up to $250 for the first violation, and up to $500 for any subsequent violation occurring within a one-year period.