HomeMy WebLinkAboutordinance.council.012-2020 ORDINANCE NO. 12
(SERIES OF 2020)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO,ADOPTING A PUBLIC HEALTH ORDER OF THE CITY OF ASPEN,
COLORADO FOR THE PROMOTION OF HEALTH AND SUPPRESSION OF DISEASE
AMENDING ORDINANCE #11, SERIES OF 2020 TO, AMONG OTHER
AMENDMENTS, CREATE A MANDATORY FACE COVERING ZONE.
WHEREAS,the City of Aspen(the"City") is a legally and regularly created, established,
organized and existing municipal corporation under the provisions of Article XX of the
Constitution of the State of Colorado and the home rule charter of the City (the"Charter"); and
WHEREAS, Section 4.11 of the Charter authorizes the City Council to enact emergency
ordinances for the preservation of public property,health,peace, or safety upon the unanimous
vote of City Council members present or upon a vote of four(4) Council members, whichever is
less; and
WHEREAS,the City of Aspen declared a local disaster emergency on March 12, 2020 pertaining
to the occurrence or imminent threat of widespread or severe damage, injury or loss of life or
property resulting from COVID-19; and
WHEREAS, the City of Aspen commenced and continues to support crisis response efforts,
through both personal and other resources; and
WHEREAS, pursuant to State and Local Public Health Orders, businesses have been allowed to
open to the public under strict guidelines for the health and safety of the public; and
WHEREAS,the Centers for Disease Control and Prevention recommends wearing face coverings
in public settings to prevent the spread of COVID-19; and
WHEREAS, the City of Aspen City Council previously, via Resolution 40 (Series of 2020),
amended and renewed via Resolution No. 43 (Series of 2020), and renewed again via Resolution
No. 54 (Series of 2020), issued a public health order requiring individuals to wear face coverings
in public places, but that many members of the public are not adhering to the requirement of
wearing a face covering and businesses have been allowing individuals to enter without face
coverings; and
WHEREAS, Ordinance#11 (Series of 2020), adopted the mandatory face covering requirements
of Resolution #40 (Series of 2020), approved a mandatory closing time for all businesses with
the City of Aspen and amended Title 5 and Title 14 of the City of Aspen Municipal Code,
regarding the business and liquor licenses; and
WHEREAS, the City Council proposes to amend the mandatory face covering provisions of
Ordinance #11 (Series of 2020) adopting a zone in which face covering shall be mandated in all
public outdoor spaces. It is the intent of this amendment to require all persons within the
Mandatory Face Covering Zone to wear face coverings at all times in indoor public places and
outdoor public places, as defined herein, unless one of the exceptions is met; and
WHEREAS, failure of individuals and businesses to comply with public health guidelines can
jeopardize the health of the community as a whole and could require the reinstatement of stay at
home orders and the re-closing of all businesses leading to devastating economic impacts; and
WHEREAS,the City Council has determined that it is necessary to declare an emergency for the
preservation of public health, peace, and safety to amend provisions within the City of Aspen
Municipal Code that would allow the immediate suspension of a license to conduct business
within the City of Aspen if a business has been deemed to have violated any duly issued order,
regulation or law of the Federal, State or Local government; 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
adopt an Emergency Ordinance and Public Health Order requiring all businesses within the City
of Aspen to be closed at a certain, specific time each night, requiring face coverings in public
places in the City of Aspen, including mandatory face coverings in certain areas of town, and
imposing penalties on businesses who permit individuals to enter without face coverings.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN
CITY THAT:
Section 1.
Ordinance#11, Series of 2020 is hereby amended as follows:
Section 2, is hereby deleted and replaced with the following:
The City of Aspen City Council hereby adopts the following public health order requiring face
coverings in public places within the City of Aspen:
Section 2.1. Definitions.
a. Face Covering shall mean a uniform piece of material that securely covers
a person's nose and mouth and remains affixed in place without the use of
one's hands.
b. Mandatory Face Covering Zone is any indoor or outdoor public place located
within the boundaries of that zone depicted on the attached Exhibit"A", which is
incorporated herein by this reference.
C. Outdoor Public Place means an outdoor place to which the public or a substantial
number of the public has access,including,but not limited to,any street,sidewalk,
public alley, public parking lot, park, playground, and the common areas of any
public and private buildings and facilities.
d. Indoor Public Place means an indoor place to which the public or a substantial
number of the public has access, including, but not limited to, any common areas
of any public and private buildings and facilities.
Section 2.2. 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, and
b. while in any outdoor or indoor public place located within the Mandatory Face
Covering Zone; and
C. outside of the Mandatory Face Covering Zone, in indoor or outdoor public
places where persons are unable to maintain safe social distancing (six or more
feet of separation regardless of duration).
Section 2.3. Exceptions.
Nothing herein shall require the wearing of face coverings by the following persons:
a. Persons under the age of two years; and
b. Persons for whom a face covering would cause impairment due to an
existing health condition.
C. Persons who, while seated, are eating or drinking.
d. Persons who have entered a restaurant or bar open pursuant to Pitkin County or
State regulations may remove face covering as allowed by such regulations.
e. Persons working in a professional office who do not have any face-to-face
interactions with the public or co-workers as allowed by Pitkin County or State of
Colorado regulations.
f. Performers as long as twenty-five (25) feet distance from spectators is
maintained.
g. Persons in an automobile, alone or with members or their own household.
Section 2.4: Requirements for Businesses Open to the Public.
a. No business open to the public shall permit any individual not wearing a face
covering to enter or remain in the business unless that individual is excepted from
wearing a face covering pursuant to section 2.3, above. Businesses that choose to
offer masks to customers prior to entering must provide new, clean or otherwise
previously unworn masks.
b. Restaurants may allow individuals to remove their face coverings once the individual
is seated at a table for dining. The individual must wear the face covering any time
he or she is not seated at their table.
c. Any business open to the public that permits an individual to enter or remain in the
business without a required face covering is subject to the suspension or revocation of
its business or liquor license pursuant to Sec. 5.04.065 and Sec. 14.08.140 of the City
of Aspen Municipal Code as well as the penalty provisions contained in section 2.8
of this public health order.
Section 2.5: General Information for all Persons.
Pursuant to federal Centers for Disease Control guidance,the public is strongly
encouraged to wear cloth Face Coverings that:
a. fit snugly but comfortably against the side of the face;
b. are secured with ties or ear loops;
C. include multiple layers of fabric;
d. allow for breathing without restriction; and
e. are able to be laundered and machine dried without damage or change to shape.
Section 2.6. Effective Date and Time, Limitations and Area.
The Public Health Order set forth in this Section 2, will become effective at 6:00 a.m., July
31, 2020, and will remain in effect until November 4, 2020. Until such time as this amended
Section 2 becomes effective, Section 2 of Ordinance 411, shall remain in full force and effect.
This Order is effective within the entirety of the territory of the City of Aspen, Colorado.
Section 2.7. Most Restrictive Standard Controls.
To the extent any State and/or Federal orders or laws are more restrictive than what is set
forth herein, such orders control.
Section 2.8. Penalties.
Failure to comply with this Section 2 is subject to a penalty of$50 for the first offense,$250 for the
second offense and a mandatory court appearance for any subsequent offense with the penalties
contained in Section 1.04.080,of the City ofAspen Municipal Code,including up to a$2,650 fine
and one-year imprisonment or both per day for each violation.
Section 2.9. Previous Resolutions.
This Section 2 shall supersede Resolution No.40, Series of 2020,as well as Resolutions No.43
and 54, Series of 2020,upon the effective date set forth in Section 2.6, above.
Section 2. Emergency Declaration
It is hereby declared that,in the opinion of the City Council,an emergency exists;there is a need for
the preservation of public property, health, peace, or safety of the City of Aspen, its residents, and
guests; and,this ordinance and public health order adopted as an emergency ordinance provides the
protection of the health,peace and safety of the citizens of the City of Aspen.
Section 3. Publication.
The City Clerk is directed that publication of this ordinance shall be made as soon as practical and
no later than ten(10)days following final passage.
Section 4. Severability.
If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate,distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
Section 5. Effective Date.
Except as otherwise set forth herein, pursuant to Sec.4.11 of the Aspen Municipal Charter, the
ordinance shall take effect and be in full force upon adoption of this ordinance by the affirmative
votes of at least four (4) members of the Aspen City Council or the unanimous vote of all City
Council members present
Section 6. Existing Liti atg_ion.
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided,and the same shall be construed and concluded under such prior ordinances.
INTRODUCED AND READ as provided by law as an emergency ordinance by the City
Council of the City of Aspen on the 27'day of July 2020.
73FAE,
Torre,Mayor
ATTEST:
c
Nicole Henning,City Clerk
FINALLY adopted,passed and approved this 28`"day of July 2020,by
■ the unanimous vote of all City Council members present; or
❑a vote of four(4)council members.
Torre, Mayor
ATTEST:
Nicole Henning