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Home My WebLink About2021-11-01 Emergency Order Requiring Face Mask Update� Pp�M SA A � a u to 4<<FORN� CITY OF PALM SPRINGS LOCAL EMERGENCY SUPPLEMENTARY ORDER REQUIRING FACE COVERINGS TO BE WORN WITHIN BUSINESSES August 5, 20211 WHEREAS, on March 14, 2020, pursuant to the City of Palm Springs Municipal Code section 2.20.050(a)(1), the City Manager, acting as the Director of Emergency Services, declared the existence of a local emergency within the City of Palm Springs, due to the threat presented by the COVID-19 pandemic, which declaration was subsequently ratified by the Palm Springs City Council on March 19, 2020; and WHEREAS, pursuant to Palm Springs Municipal Code section 2.20.050(a)(6), the Director of Emergency Services is empowered to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council; and WHEREAS, the Director of Emergency Services is authorized to revise his emergency declaration and related orders, as the situation evolves. NOW, THEREFORE, IT IS HEREBY DECLARED AND ORDERED, that: 1. Effective immediately, all persons, regardless of vaccination status, must wear face coverings indoors when at a public place, including, but not limited to: • In fitness centers (including gyms, yoga studios, and dance fitness studios). Face coverings must be worn at all times within such locations, including while exercising; • Shopping at a store; • Picking up food or in -person dining; • Picking up, or in -person shopping for, retail goods within a retail store; • On public transportation, such as buses; • In a taxi or rideshare vehicle; • When seeking healthcare inside a business or healthcare facility; ' Updated November 1, 2021. -1- 55575.18195\34502488.1 • When present inside a business facility; and • When working indoors at a job while interacting with the public or other co- workers. Face coverings are NOT required to be worn by people who are: • At home; • In the car alone or with members of their own household; • Seated at a table or bar at a restaurant. However, if an employee (such as a waiter/waitress, etc.) approaches the table/bar, each person at the table/bar must put on his/her face covering while the employee is present at the bar/table; • Children under the age of 2 years, due to the risk of suffocation; • Outdoors; • People for whom seeing the mouth is essential for communication, such as the hearing impaired, or those who are communicating with a person who is hearing impaired; • People for whom wearing a mask would create a risk as they work, as specifically determined by local, state, or federal regulators; • A person who is receiving services or engaging in activities for which removal of the face covering while that person is receiving such services is essential. However, such person must demonstrate to the service providing operator compliance with proof of COVID-19 vaccination or an applicable exemption (as set forth in Section 2, below), and if such person is unvaccinated, such person must provide to the service -providing operator written evidence of a negative COVID-19 test where the specimen collection occurred within 72 hours prior to the visit, using an FDA -authorized COVID-19 test. Examples of such face -related services or activities include, but are not limited to, dental service, beard service, make-up application, facial skin waxing; and • Those with a health condition whose medical provider has advised against wearing a face covering and can provide documentation. However, such persons must wear a protective face shield, similar to the following: Businesses (whether for profit or not for profit) must: • Require their workers, contractors, owners, and volunteers to wear a face covering at the workplace and when performing work indoors; • Post a sign at a conspicuous location at each entrance to the business, -2- 55575.18195\34502488.1 advising of the requirement to wear face coverings; • Every hotel, motel, vacation rental, or timeshare must post signage, advising of the face covering rules applicable within the City of Palm Springs. Such signage must be posted at a conspicuous location at every entrance and exit to such building, as well as on the inside of the door of every hotel/motel/timeshare room. For vacation rentals, such signage must be posted on or next to the main door on the inside. • Take reasonable steps to keep people who are not wearing a face covering from entering the business; and • Refuse service to anyone not wearing a face covering. Nothing in this Order is intended to pre-empt the application of more stringent requirements of any federal, state, or county COVID-19 requirement. 2. Proof of COVID-19 Vaccination or Exemption, for Face -Related Services/Activities. In order for a person receiving face -related services to qualify for an exemption from the face covering requirement through proof of COVID-19 vaccination, that person must provide to the service -providing operator written evidence that the person has received a first dose of an FDA approved (including an emergency use authorization) COVID-19 vaccine or a vaccine that has finalized the World Health Organization's emergency use listing/prequalification (EUL/PQ) evaluation process. A person shall be exempt from the vaccination requirement by providing to the service - providing operator one of the following: A. a statement (which may be verbal) that the person has declined COVID-19 vaccination based on religious belief; or B. a statement (which may be verbal) that the person is excused from receiving any COVID-19 vaccine due to a medical reason. The statement does not need to describe the underlying medical condition or disability itself; only the fact that the person has a qualifying medical reason. If such person is unvaccinated vaccinated, whether based on an exemption in (A) or (B) above or for any other reason, such person must provide written evidence to the service -providing operator of a negative COVID-19 test where the specimen collection occurred within 72 hours prior to the visit, using an FDA -authorized COVID-19 test. 3. "Proof of COVID-19 Vaccination" shall include any one of the following: A. COVID-19 Vaccination Record Card (issued by the U.S. Department of Health and Human Services Centers for Disease Control & Prevention or WHO Yellow Card), which includes name of person vaccinated, type of vaccine provided, and date last dose administered); B. a photo or photocopy of a Vaccination Record Card as a separate document; C. a photo of the person's Vaccination Record Card stored on a phone -3- 55575.18195\34502488.1 or electronic device; D. documentation of COVID-19 vaccination from a health care provider; or E. a digital record that includes a QR code that, when scanned by a SMART Health Card reader, displays to the reader client name, date of birth, vaccine dates and vaccine type, such as https://myvaccinerecord.cdph.ca.gov/. 4. Effen+ive immediately, all peFsene regardless of statute must Vw'lageFest, a or ether IaFge d-etermiReed by the Gity Parade qa+urrtE as 2 6—Pursuant to Palm Springs Municipal Code sections 1.06.040 and 2.20.100 and City Council Resolution 24738, dated March 19, 2020, as amended August 4, 2021, the City may impose administrative fines for violations of this order. The citing officer shall be entitled to exercise his/her discretion in determining the amount of any such fine, having taken into consideration the severity of the violation. In addition, continued violations of this order by any business may result in the closure of any facility, or revocation of any applicable permit/certificate, including the establishment's City business license. IT IS FURTHER DECLARED AND ORDERED, this order is a temporary emergency measure, which is effective immediately and shall remain in effect unless and until modified or superseded by the Director of Emergency Services, City Council or any county, state or federal order or declaration. November 1, 2021 VrILL Justi Clifton City Manager/DirVCtor of Emergency Services APPROVED AS TO LEGAL FORM: Jeffrey S. Ballinger, City Attorney 2 Removed by City Council action, dated October 28, 2021. -4- 55575.18195\34502488.1