HomeMy WebLinkAbout2020-19PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 19,
Series of 2020, First Reading, on the Town of Vail's web site, www.vailaov.com,
on the 18th day of November, 2020.
Witness my hand and seal this 18th day of November 2020.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 19
SERIES 2020
AN EMERGENCY ORDINANCE REQUIRING FACE COVERINGS IN THE
TOWN OF VAIL
WHEREAS, on March 10, 2020, the Governor of the State of Colorado recognized
the COVID-19 pandemic and declared a state of emergency;
WHEREAS, on March 13, 2020, the Town Manager declared a disaster
emergency in and for the Town of Vail, Colorado, pursuant to the Colorado Disaster
Emergency Act, C.R.S. § 24-33.5-701, et seq. (the "Act"), and Section 13.5 of the Town's
Home Rule Charter, which declaration was thereafter continued by the Town Council;
WHEREAS, the emergency conditions caused by the COVID-19 pandemic, as
defined by C.R.S. § 24-33.5-702 and the Home Rule Charter, persist and require
additional and sustained action by the Town;
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;
WHEREAS, the Centers for Disease Control and Prevention recommends wearing
face coverings in public settings to prevent the spread of COVID-19;
WHEREAS, on November 3, 2020, Eagle County issued a Standing Public Health
Order adopting Colorado's Statewide Covid-19 Dial Dashboard, requiring all individuals
over the age of 2 years to wear face coverings when entering and inside any place of
business, event, or public indoor environment;
WHEREAS, in addition, Colorado's Statewide Public Health Order and Eagle
County's Public Health Order both recommend the wearing of face coverings in outdoor
public spaces in which 6 feet of physical distance from non -household members cannot
be maintained over a period of 15 minutes or longer;
WHEREAS, the 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;
WHEREAS, on November 4, 2020, the Town Manager enacted an emergency
order requiring face coverings in the Town; and
WHEREAS, requiring face coverings and establishing a Mandatory Face Covering
Area in which face coverings shall be mandated at all times in all public indoor and
outdoor places, as defined herein, is in the best interest of the public health, safety and
welfare.
Ordinance No. 19, Series of 2020
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Definitions. As used in this Ordinance, the following terms shall have
the following meanings:
Face Covering means 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.
Mandatory Face Covering Area means any outdoor public place located within the
boundaries of that zone depicted on the map attached hereto and incorporated herein by
this reference, which map may be amended by the Town Manager.
Outdoor Public Place means an outdoor area to which the public or a substantial
number of the public has access, including without limitation a street, sidewalk, public
alley, public parking lot, park, playground, and common areas of public and private
buildings and facilities.
Section 2. Face Coverinq Required. Except as provided in Section 3, below,
every person shall wear a Face Covering in the:
A. When entering and while inside of a place of business open to the public;
B. While in an Outdoor Public Place in the Mandatory Face Covering Area;
and
C. In such other public indoor or outdoor places outside of the Mandatory Face
Covering Area where such person is unable to maintain safe social distancing (6 feet or
more of separation) from others not of the person's own household.
Section 3. Exceptions. Nothing in this order shall be interpreted or construed
to require the wearing of Face Coverings by the following persons:
A. Persons 2 years of age or younger;
B. Persons for whom a face covering would cause impairment due to an
existing health condition;
C. Persons working in a professional office who do not have any face-to-face
interactions with the public;
D. Public safety personnel while in the performance of their duties;
E. Persons while eating or drinking; and
F. Performers as long as 25 feet of distance from spectators is maintained.
Ordinance No. 19, Series of 2020
Section 4. Businesses. 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 3 hereof. Businesses that choose to offer
masks to customers prior to entering must provide new, clean and unworn masks.
B. Restaurants may allow an individual to remove their face coverings once
the individual is seated at a table for dining. The individual must wear the face covering
any time they are 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 Section 4-1-7 of the Vail Town Code, as well
as the penalties contained in Section 5 of this ordinance.
Section 5. Penalties. Violations of this ordinance shall be punishable as follows:
a fine of $50 for the first offense; a fine of $250 for the second offense; and for any
subsequent offense, a mandatory court appearance subject to the penalties set forth in
Section 1-4-1 of the Vail Town Code, including a fine of up to a $2,650, incarceration not
to exceed 180 days, or both.
Section 6. Enforcement. The members of the Town's Police Department, code
enforcement, and such other law enforcement and peace officers as may be authorized
by the Town Manager are hereby authorized and directed to enforce the orders, rules,
and regulations made or issues pursuant to this ordinance.
Section 7. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not affect
the validity of the remaining portions of this ordinance; and the Town Council hereby
declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 8. Repealer. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part
thereof, theretofore repealed.
Section 9. Emergencv. Pursuant to § 4.11 of the Vail Town Charter, the Town
Council hereby finds and declares that this ordinance is necessary for the immediate
preservation of the public health, safety and welfare, to prevent the spread of COVID-19
and to ameliorate the negative effects of the COVID-19 pandemic on businesses in the
Town.
Section 10. Effective Date. This ordinance shall be effective immediately upon
adoption.
Ordinance No. 19, Series of 2020
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN
FULL this 17t" day of November 2020.
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
Ordinance No. 19, Series of 2020