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HomeMy WebLinkAboutresolution.council.043-20 RESOLUTION NO. 43 (Series of 2020) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, EXTENDING THE PUBLIC HEALTH ORDER OF THE CITY OF ASPEN, COLORADO FOR THE PROMOTION OF HEALTH AND SUPPRESSION OF DISEASE TO REQUIRE FACE COVERINGS WITHIN THE CITY OF ASPEN WHEREAS, on April 27, 2020,pursuant to the Colorado Disaster Emergency Act,C.R.S., Section 24-33.5-701, et seq., the City of Aspen ("City") adopted Resolution No. 40 (Series of 2020) which mandated Face Coverings under certain circumstances and in certain locations; and WHEREAS, Resolution No. 40, Series of 2020, was effective as of 6:00 a.m. on April 29, 2020, and is to remain in effect until May 27, 2020, unless extended by Council; and WHEREAS, this Public Health Order is being issued to limit the health impacts of COVID-19. This Order sets forth requirements for the public to utilize face coverings inside of public places, to slow the spread of the COVID-19 virus; and WHEREAS, this Order is adopted pursuant to the legal authority set forth in C.R.S. Section 31-15-401(b), as well as all other applicable laws, rules, regulations, orders and declarations. Under this authority,the City of Aspen has the police powers "[t]o do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease" within the territorial limits of the City of Aspen. Immediate issuance of this Order is deemed reasonable and necessary under the existing circumstances and necessary for the preservation of the public health,safety and welfare; and WHEREAS, the City's authority to issue this Order is in addition to that exercised by the Governor of Colorado,State of Colorado Department of Public Health and Environment, and Pitkin County Department of Public Health; and WHEREAS,the Centers for Disease Control and Prevention recommendation to wear face coverings in public settings to prevent the spread of COVID-19 remains in effect; and WHEREAS, the City finds that continuing the Public Health Order set forth in Resolution No. 40, Series of 2020,will limit the cascading impacts on critical services by limiting spread of COVID-19. This Order and actions will help hospitals, first responders, and other healthcare services continue to provide services for those who need them (along with utilities, human services, and businesses) in the coming weeks and months. Collective action can save lives and is in support of the most vulnerable in our community; and WHEREAS, the City of Aspen continues to make a best faith effort to educate its citizens on the benefits of face coverings and will distribute face coverings free of charge to those in need to the best of its ability; and WHEREAS, the City Council finds that it is appropriate and in the interests of the public health, safety, and welfare and would further protect property and civil order, for the City Council to extend the Public Health Order set forth in Resolution No. 40, Series of 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council hereby extends the Public Health Order issued in Resolution No. 40, Series of 2020, requiring the use of face coverings, until June 17, 2020, unless extended further by City Council. As a condition of this extension and to be consistent with Public Health Orders issued by Pitkin County and the State of Colorado, Section 2,Resolution No.40, Series of 2020,is hereby amended to read as follows: Section 2. Face Coverings required. All persons shall wear Face Coverings: a. when entering and while inside of a place of business or mode of transportation open to the public, with the exception that individuals who have entered a restaurant or bar open pursuant to Pitkin County or State regulations may remove face covering as allowed by such regulations, and b. in such other indoor or outdoor places where persons are unable to maintain safe social distancing (six or more feet separation for a period of more than ten minutes) from others not of their own household. All other terms, conditions and obligations set forth in Resolution No. 40, Series of 2020 shall remain in full force and effect. INTRODUCED, AND ADOPTED by the City Council of the City of Aspen on the 26th day of May 2020, at A�" p.m., Mountain Daylight Time. Torre, Mayor I,Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Coun ' f the City of Aspen, Colorado, at a meeting held on May 26, 2020. e Nicole Henning, City CUrk 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. 2