CLARK BARS UPDATE - DECEMBER 18TH 2020
Clark & Walker, P.C. - Attorneys at Law
Date: December 18, 2020
PIMA COUNTY - NEW MASK RESOLUTION
By: Judy Drickey-Prohow
New Pima Outnumbered Resolution Regarding Face Coverings and Enforcement Mechanisms
The Pima County Board of Supervisors has adopted a new resolution, 2020-96, that requires face coverings in public places where people cannot easily maintain a continuous distance of at least six (6) feet from all other persons. It applies throughout Pima County, including in both all incorporated and unincorporated areas.
While Resolution 2020-96 may sound typical of other ordinances and resolutions, it contains enforcement procedures and penalties that most other rules and requirements have lacked.
Specifically the Resolution mandates that businesses and other establishments that are open to members of the public, including offices and any “business or other establishment where people assemble or members of the public may enter” to
1. Refuse to allow any non-exempt person to enter if the person is not wearing a face covering, and
2. Request that any person who is in the building or office to leave if the person is not exempt and is not wearing a face covering.
Pima County is providing a public website through which any person can report violations. The website allows submission of photographs depicting violations. When those violations are reported, the Pima County Health Dept. will investigate and post copies of any complaints and substantiating photographs on its own website.
1. Persons who violate the face covering provisions face a civil infraction that carries a fine of $50.00 per infraction, AND
2. Businesses and other establishments that have been found to violate this Resolution face fines of $500.00 per infraction and the possible suspension of the establishment’s business license.
Because the offices and many other common areas of apartment communities are covered by this Resolution, property owners, management companies and their employees are responsible for complying with it.
Exemptions identified in Resolution 2029-96 include only the following:
1. Children under the age of 5 years old.
2. Persons who cannot medically tolerate wearing a face covering.
3. Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication.
4. Persons for whom wearing a mask would create a risk to the person performing the work as determined by local, state or federal regulators or workplace safety guidelines.
5. Persons who are obtaining a service involving the nose, face or head for which temporary removal of the face covering is necessary to perform the service.
6. Persons who are eating or drinking at a restaurant or other establishment that offers food or beverage service as long as that person is able to maintain a distance of six (6) feet from persons who are not members of the same household or party.
7. Any member of a group of persons who are in a public place together and live in the same household or are part of a party of ten (10) or less, as long as they can maintain at least six (6) feet distance from all other persons.
8. Persons who are engaged in outdoor work, recreation or exercise when alone or part of a group of ten (10) or less, as long as they can maintain a continuous physical distance from all other persons
9. Persons who are incarcerated.
10. Persons who are swimming. And
11. Persons who have been given a case-by- case exemption by the Pima County Health Department.
Owners and Management companies should take extra care to notify all employees of these requirements and ensure that all employees strictly comply with them, as lack of knowledge is unlikely to be considered a defense to any proven violation.
Anyone with questions about these new requirements should seek legal advice.
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