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File #: 200426    Version:
Type: Ordinance Status: Passed
File created: 7/7/2020 In control: COMMON COUNCIL
On agenda: Final action: 7/13/2020
Effective date: 7/16/2020    
Title: A substitute ordinance relating to a requirement for face coverings in public spaces during the COVID-19 pandemic.
Sponsors: ALD. DIMITRIJEVIC, ALD. ZAMARRIPA, ALD. JOHNSON, ALD. KOVAC, ALD. HAMILTON, ALD. DODD, ALD. PEREZ, ALD. LEWIS
Attachments: 1. Comment Report as of July 9, 2020, 2. Comment Report for July 10-13, 3. Oppose emails, 4. emails from Ald. Bauman's Office, 5. Support emails, 6. support, 7. no vote, 8. Substitute signed by City Attorney's Office
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
7/15/20202 CITY CLERK PUBLISHED   Action details Meeting details Not available
7/14/20202 MAYOR SIGNED   Action details Meeting details Not available
7/13/20200 COMMON COUNCIL SUBSTITUTEDPass15:0 Action details Meeting details Not available
7/13/20200 COMMON COUNCIL PASSEDPass15:0 Action details Meeting details Not available
7/9/20200 PUBLIC SAFETY AND HEALTH COMMITTEE AMENDED

Minutes note: Appearing: Sponsor - Ald. Dimitrijevic ACA Gregory Kruse MHD - Marlaina Jackson MHD - Claire Evers Ald. Dimitrijevic moved to amend File Number 200426 by amending section 62-8-4-f, as follows: f. Persons present in government facilities closed to the public, institutions of higher education, public and private K through 12 schools, and childcare or youth facilities that have a mitigation strategy approved by the commissioner of health[[and the board of health]].
Pass5:0 Action details Meeting details Video Video
7/9/20200 PUBLIC SAFETY AND HEALTH COMMITTEE AMENDED

Minutes note: Ald. Spiker seeked to have following motion approve: to amend File Number 200426 by amending section 62-8-1, as follows: 1. MASK REQUIRED INDOORS. For the duration of the ‘Moving Milwaukee Forward’ health and safety orders, any person 3 years old or older who is present in the city of Milwaukee shall have possession of a face covering when the person leaves home or other place of residence and shall wear the face covering whenever the person is in a building open to the public >>unless that person is in an outdoor area and able to remain at least six feet away from any person who is not a member of his or her family or household<<.
Fail2:3 Action details Meeting details Video Video
7/9/20201 PUBLIC SAFETY AND HEALTH COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: As amended.
Pass3:1 Action details Meeting details Not available
7/8/20200 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
7/7/20200 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

200426

Version

SUBSTITUTE 2

Reference

 

Sponsor

ALD. DIMITRIJEVIC, ZAMARRIPA, JOHNSON, KOVAC, HAMILTON, DODD, PEREZ AND LEWIS

Title

A substitute ordinance relating to a requirement for face coverings in public spaces during the COVID-19 pandemic.

Section

62-1-11                                          cr

62-1-12                                          cr

62-8                                                               cr

Analysis

This ordinance creates a requirement for persons to wear face coverings when in public spaces for the duration of the ‘Moving Milwaukee Forward’ health and safety orders.

Body

 

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1.  Section 62-1-11 and Section 62-1-12 of the code is created to read:

 

62-1. Definitions.

 

11. FACE COVERING means a protective mask covering the nose and mouth, including cloth face coverings or surgical masks as described by the centers for disease control and prevention.

 

12. BUILDING OPEN TO PUBLIC means any structure or premises licensed by the city of Milwaukee or used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or other use by the public.

 

Part 2. Section 62-8 of the code is created to read:

 

62-8. Face Covering Requirements During the COVID-19 Pandemic.

 

1. MASK REQUIRED INDOORS. For the duration of the ‘Moving Milwaukee Forward’ health and safety orders, any person 3 years old or older who is present in the city of Milwaukee shall have possession of a face covering when the person leaves home or other place of residence and shall wear the face covering whenever the person is in a building open to the public.

 

2. MASK REQUIRED OUTDOORS. For the duration of the ‘Moving Milwaukee Forward’ health and safety orders, any person 3 years old or older who is present in the city of Milwaukee shall have possession of a face covering when the person leaves home or other place of residence and shall wear the face covering whenever the person is in an outdoor public space and within 6 feet of any other person who is not a member of the person’s family or household.

 

3. MASK REQUIRED FOR CITY FACILITIES AND EMPLOYEES. The commissioner of public works and director of employee relations shall establish a face covering requirement policy for all city employees and other persons on the premises of any city facility.

 

4. EXCEPTIONS. Exceptions for face coverings will be made under the following circumstances:

 

a. Persons who fall into the centers for disease control and prevention’s guidance for those who should not wear face coverings due to a medical condition, mental health condition, developmental disability, or for whom no other accommodation can be offered under the Americans with disabilities act.

 

b. Persons who have upper-respiratory chronic conditions, silent or invisible disabilities, or are communicating with an individual who is deaf or hard of hearing and communication cannot be achieved through other means.

 

c. Persons in settings where it is not practical or feasible to wear face coverings when obtaining or rendering goods or services to the extent necessary to obtain or render such goods or services including but not limited to the receipt of dental services or medical treatments or consuming food or beverages.

 

d. Whenever federal, state, or local law otherwise prohibit wearing a face mask or where it is necessary to evaluate or verify an individual’s identity.

 

e. Persons whose religious beliefs prevent them from wearing a face covering.

 

f. Persons present in government facilities closed to the public, institutions of higher education, public and private K through 12 schools, and childcare or youth facilities that have a mitigation strategy approved by the commissioner of health.

 

5. PENALTY. The health department shall enforce this section. The owner or operator of any building open to the public shall ensure all persons present in his or her building open to the public comply with sub. 1. The owner or operator of any building open to the public has the right to refuse entry or service to any person for failure to comply with sub. 1. Any owner or operator of a building open to the public that permits a person to violate sub. 1 in their building open to the public shall upon conviction forfeit not less than $50 and not more than $500. The commissioner of health and city attorney are authorized to pursue license revocation or a court order closing a building open to the public in accordance with state and local law for failing to require persons present to abide by sub. 1.

 

LRB

APPROVED AS TO FORM

 

 

____________________________

Legislative Reference Bureau

Date:  ______________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

____________________________

Office of the City Attorney

Date:  ______________________

Requestor

 

Drafter

LRB176207-4

Luke Knapp

07/09/2020