Proposed ordinance for mask directive on city commission agenda

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  • The Weatherford City Commission is considering an ordinance for a mask directive at meeting scheduled for 8 a.m. Wednesday, November 25, 2021.
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEATHERFORD, OKLAHOMA,
CHAPTER 10, ARTICLE 6, SECTION 10-65: PANDEMIC

: DEFINITIONS:
"Face Covering" means a covering that fully covers a person' s nose and mouth. The term Face Covering also
includes, but is not limited to, cloth face masks, towels, scarves, and bandanas as recommended by the CDC or
OSDH, an N95, KN95, or other mask that would be appropriate for a health care setting, or a surgical mask. All
Face Coverings should fit snuggly on a person's face but allow the person to breathe easily and should be worn
consistent with the guidance provided by the CDC or OSDH.
"Social" or "Physical Distancing" means maintaining six (6) feet of distance between persons who are not
part of the same household while in a public accommodation, educational institution, or public setting.
"Place of Public Accommodation" means all places offering items, goods or services for purchase or rent,
including without limitation retail businesses, personal services and spas, entertainment venues, food service
facilities, restaurants and bars, hotels, motels and travel related services, professional offices and services, banks
and financial services, repair facilities, and motor vehicle dealerships.
"Public Service Area" means areas of a place of public accommodation or an educational institution wherein
employees interact with the public in the normal course of business.
"Public Setting" means any public place where persons congregate which is not a Place of Public
Accommodation, including without limitation offices, workplaces, houses of worship and ancillary facilities,
child care facilities, adult and youth sports facilities, communal outdoor spaces such as sidewalks, trails, and
parks, and food trucks and other outdoor retail entities.
"Educational Institution" means any building or facility used for academic or athletic purposes on the campus
of Southwestern Oklahoma State University (which already has a mask requirement in place), Weatherford Public Schools,
and any private school or preschool. This term excludes the playing surface of any athletic facility during
organized activities and practices.

: USE OF FACE COVERINGS:
(A) Except as otherwise provided herein, persons located within Public Service Areas of Places of Public
Accommodation or an Educational Institution are required to wear Face Coverings at all times when
present therein. Except as otherwise provided herein, persons in any Public Setting wherein Social or
Physical Distancing cannot be maintained are required to wear Face Coverings.
(B) The following persons, locations and activities are exempt from this requirement:
1. Persons who fall into the U.S. Centers for Disease Control and Prevention's guidance for those who
should not wear Face Coverings due to a medical or mental health condition, or developmental
disability. Persons exempted under this subsection should consider the use of a face shield, provided
that said shield wraps around the sides of the wearer's face and extends below to the chin;
a. Those who are caring for, or interacting with, a person who is hearing impaired and relies
on lip reading to communicate;
b. Individuals with diagnosed; developmental disabilities, sensory integration concerns or
tactile sensitivities, certain mental health conditions, limited cognitive ability, or other
disability or medical condition warranting accommodation;
c. Individuals engaged in activities that may cause the cloth face covering to become wet,
like when swimming;
d. Individuals who are engaged in high intensity activities, like exercising or running, when
wearing a mask causes difficulty breathing;
e. Individuals while working in a setting where cloth face coverings may increase the risk of
heat related illness or cause safety concerns due to introduction of a hazard; and
2. Children under five (5) years of age;
3. Private homes and private lodging rooms in Places of Public Accommodation;
4. Persons exercising in communal outdoor spaces, as long as Social or Physical Distancing is
maintained, or persons walking, playing, or otherwise exercising with other persons from the same
household in communal outdoor spaces and maintaining Social or Physical Distancing from nonhousehold
persons;
5. Settings where it is not practical or feasible to wear a Face Covering, such as when receiving dental
services or medical treatments and services, or while swimming;
6. Occupants in a personal vehicle, personal office, or similarly private space while other persons
outside of the person's household are not present;
7. Restaurant and bar patrons while they are eating or drinking; and
8. Offices and workplaces that are not Public Service Areas where Physical Distancing between
employees and other occupants can be consistently maintained during hours of operation.
(C) Places of Public Accommodation, Educational Institutions, and indoor Public Settings shall post
conspicuous signs at all entrances that employees, customers, users, students and visitors must wear
Face Coverings pursuant to this ordinance to be admitted into the premises. The Mayor shall direct the
development of a uniform sign meeting this requirement and distribute its design to these regulated
entities.
(D) Places of Public Accommodation, Educational Institutions and indoor Public Settings may deny entry
to persons who refuse to wear Face Coverings as required by this ordinance.

: SUNSET:
This ordinance shall expire the earlier of: January 31, 2021; the expiration of all COVID-19 related emergency
declarations issued by the Governor of the State of Oklahoma and the President of the United States of America;
or repeal, modification or extension by the City Commission through a subsequent ordinance.

: PENALTIES:
Individuals refusing to wear a Face Covering into a Place of Public Accommodation, Educational Institution, or
Public Setting as defined and required by this Chapter 10, Article 6, Section 10-65, may be subject to prosecution
under criminal trespass, disturbing the peace, disorderly conduct, obstruction of police or similar offenses as
circumstances warrant and/or as otherwise allowed by Chapter 9, Article 6, Section 9-31 of the Weatherford
City Code.

: SEVERABILITY:
If any provision, section or portion of this ordinance is found or determined by a court for any reason to be
invalid or unenforceable, those provisions shall be severed from the remaining portion of this ordinance, which
shall remain effective in the absence of any invalid or unenforceable provision.
: EMERGENCY CLAUSE:
It being immediately necessary for the preservation of the peace, health, safety, and public good of City of
Weatherford and the inhabitants thereof due to the COVID-19 pandemic that the provisions of this
ordinance become operative immediately. Therefore, an emergency is hereby declared to exist and this
ordinance shall be in full force and effect immediately from and after the date of publication.
Passed and approved this 25th day of November, 2020.