BG City Council will vote on mask ordinance this evening

By JAN LARSON McLAUGHLIN

BG Independent News

Bowling Green City Council will declare an emergency and vote on a mask ordinance Tuesday evening.

“The paint will still be drying,” City Council President Mark Hollenbaugh said Monday evening. “But it will be voted on tomorrow night – there’s no doubt about that.”

As proposed, the mask mandate places the responsibility for face coverings on the individuals – not businesses.

“Our initial ordinance does not penalize businesses,” Hollenbaugh said. 

Instead it sets a fine of $50 for each offense. 

If people without masks are confronted by law enforcement, they will be required to explain the exemptions that allow them to not wear a face covering in public places, Hollenbaugh said.

The city’s ordinance comes less than a week after Wood County’s status was changed to Level 3-Red, which according to the state means that masks are required in indoor settings used by the public, or outside where proper distance can’t be maintained.

Prior to that change, Hollenbaugh said he received hundreds of emails from citizens about the city’s proposal to adopt its own mask ordinance. But since then, the email has dried up.

“People found out they had to wear a mask anyway,” Hollenbaugh said.

The county status is subject to change each week, when the state updates COVID-19 statistics. But the city ordinance is proposed to stay in effect through the end of the year.

Following are some requirements of the proposed mask ordinance, which may have some modifications before being voted on Tuesday evening:

When masks are mandated

The ordinance states all individuals within the City of Bowling Green shall wear a face covering over the individual’s nose, mouth, and chin in accordance with the following:

– When entering, exiting, or waiting in line to enter a place of business that is open to the public, and while inside a place of business as to the areas within the place of business that are accessible to, and are intended for the use of, the public. “Place of business” means any facility, building or structure operated by or for a business engaged in the sale or other transaction of any kind for anything of value in exchange for goods, commodities, services, or temporary lodging and that is open to the general public or by appointment, and includes, but is not limited to grocery stores, retail stores, pharmacies, health care facilities, restaurants and bars (including outdoor seating for such facilities), hotels and motels (excluding the rented room or suite), gyms and similar facilities; but excluding religious facilities.

– When entering, exiting, or waiting in line to enter a government operated building or facility that is open to the public, and while inside a government operated building or facility as to the areas within such government facility that are accessible to, and are intended for the use of the public.

– In any public transportation vehicle such as a bus, taxi, or ride-sharing vehicle or any other vehicle for hire or at a transit stop or waiting area for any public transportation.

– In any outdoor space or outdoor place where or when a person is unable to maintain or does not maintain physical separation of not less than six feet from others who are not members of their own household.

When masks are not mandated

The requirement to wear a face covering through this ordinance does not apply in the following situations:

– Any individual who cannot wear a face covering because of a medical condition, mental health condition, special needs, or developmental disability, or who is unable to remove the face covering without assistance, and any individual who should not wear face coverings under the CDC guidance.

– Individuals under 6 years old.

– Restaurant and bar patrons while seated eating or drinking. If a patron is not seated at his or her table or at the bar, a face covering is required.

– School individuals (including students, administrators, and teachers) on or in school or school district facilities, so that schools and school districts may follow the regulations and guidelines promulgated by their governing bodies and the Ohio Department of Education. For this ordinance, “school or school districts” means any public, private, or charter school or institution that provides education for any or all of the following grades or education: kindergarten through twelfth grade; or a university, college, or similar post-secondary institution.

– In settings where it is not practicable or feasible to wear a face covering such as when receiving dental services, medical treatments, or while swimming.

– Walking or exercising outdoors so long as physical separation of not less than six feet is maintained, or while walking or exercising outdoors with other members of the same household.

– While actually engaged in exercising in a gym or other similar indoor facility so long as physical separation of not less than six feet is maintained and the individual wears a face covering at all times when not actually engaged in exercising.

– When an individual is in his or her work office, conference room, or other workspace not intended for use by the general public so long as physical separation of not less than six feet is maintained.

– When inside a personal or commercial vehicle either parked or moving that is not a public transportation vehicle.

– Individuals while acting in their official capacity as a public safety employee or emergency responder when wearing a face covering would interfere with or limit their ability to carry out their official duties or functions. These include peace officers, firefighters, and other public safety or emergency personnel that support public safety operations.

– Individuals complying with the directions of public safety employees or emergency responders.

What qualifies as a mask

According to the ordinance, “face covering” means a piece of cloth, fabric, or other material that fully covers the mouth, nose, chin, and is secured in place. A face covering may be factory-made or may be handmade and improvised from household materials. Face coverings include, but are not limited to, bandanas, scarves, medical masks, and cloth masks; and also include respirators, N95 masks or other personal protective equipment that provides a higher level of protection than a face covering defined in this Section. A face covering shall be worn so as to cover the mouth and nose and chin in compliance with the CDC’s guidance on wearing face coverings.

The ordinance shall remain in effect until Dec. 31, 2020, unless extended by majority vote of City Council.

Whoever violates this ordinance is subject to a civil penalty in the amount of $50 fine per offense.

The ordinance shall take effect as an emergency measure. The reason for the emergency is the prompt effectiveness of this measure is necessary so as to diminish the spread of COVID-19 in the Bowling Green community, and to protect especially vulnerable citizens from the effects of COVID-19, and thereby protect the public health, safety, and well-being of citizens.