November 16, 2020
The Pocatello City Council will be meeting in special session tomorrow, Tuesday, November 17, at 11:00 a.m. to discuss the possibility of establishing a face covering ordinance.
The draft of the proposed ordinance reads:
ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY OF POCATELLO, A MUNICIPAL CORPORATION OF
IDAHO, ESTABLISHING STANDARDS FOR FACE COVERINGS FOR INDIVIDUALS
WHEN THEY ARE IN PUBLIC PLACES INCLUDING PENALTIES FOR VIOLATIONS AND
PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT UPON
POSTING IN AT LEAST FIVE (5) PUBLIC PLACES OF THE CITY, THE PROVISIONS
HEREIN COMMENCING AT 12:00 A.M. ON NOVEMBER 21, 2020.
WHEREAS, COVID-19 is a respiratory disease that can result in serious illness or death,
is caused by the SARS-CoV-2 virus, which is a new strain of coronavirus that has not been
previously identified in humans, and can spread from person to person. The virus is spread
between individuals who are in close contact with each other through respiratory droplets; and
WHEREAS, on January 30, 2020, the International Health Regulations Emergency of the
World Health Organization declared the outbreak of COVID-19 a public health emergency of
international concern; and
WHEREAS, the Centers for Disease Control and Prevention (CDC) reports that people are
most contagious when they are most symptomatic (the sickest), however spread is possible before people show symptoms or by those that are asymptomatic; and
WHEREAS, on March 13, 2020, Idaho Governor Brad Little signed a declaration of
emergency for the State of Idaho in response to concerns that cases of COVID-19 are imminent in Idaho; and
WHEREAS, on or after March 13, 2020, Governor Little issued a series of Orders
addressing public health measures to slow the spread of COVID-19 including a Stay at Home Order signed March 25, 2020 and subsequent orders including the Idaho Rebounds Plan; and
WHEREAS, on March 19, 2020, the Mayor and City Council of the City of Pocatello
passed Resolution 2020-01 declaring a Local Disaster Emergency which is effective until such time as it is terminated by Resolution; and
WHEREAS, on November 13, 2020, Idaho Governor Brad Little moved Idaho back to a
modified Stage 2 of the State’s COVID-19 reopening plan; and
WHEREAS, the CDC recommends that people wear face coverings in public settings,
especially when other social distancing measures are difficult to maintain; and
WHEREAS, there is a continuing and urgent need to protect all residents and visitors in
the City of Pocatello from the risks relating to the COVID-19 pandemic through the protection provided by wearing facial coverings; and
WHEREAS, the health and safety of all citizens of the City of Pocatello is the greatest
priority and is of the utmost importance to the Mayor and the City Council; and
WHEREAS, the City of Pocatello Mayor and City Council find it necessary to enact
regulations to slow the community spread and protect the health, safety and welfare of individuals living, working and visiting the City of Pocatello; and
WHEREAS, Idaho Code §50-901 allows such an ordinance to become effective upon
proclamation by the Mayor or President of the City Council posted in at least five (5) public places of the city, such proclamation being contained within this ordinance; and
WHEREAS, the Mayor and City Council do hereby adopt the following regulations which
shall be in effect until rescinded, superseded or amended by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF POCATELLO AS FOLLOWS:
SECTION 1. FACE COVERINGS
Every person shall, when in any indoor or outdoor public place, completely cover their nose and mouth when members of the public are physically present for otherwise unprotected social interaction with persons other than household members.
1. DEFINITIONS: For purposes of this Ordinance “public place” shall mean any place
open to members of public including, but not necessarily limited to, retail business
establishments, government offices, medical, educational, arts and recreational
institutions, public transportation, including taxi cabs and ridesharing vehicles.
2. EXEMPTIONS:
a. Children under the age of 5.
b. Persons who cannot medically tolerate wearing a face covering. A person is not
required to provide documentation demonstrating that the person cannot
medically tolerate wearing a face covering.
c. Persons who are deaf or hard of hearing, or communicating with a person who
is deaf or hard of hearing, where the ability to see the mouth is essential for
communication.
d. Persons, including on-duty law-enforcement officers, for whom wearing a face
covering would create a risk to the person related to their work, as determined
by local, state, or federal regulators or workplace safety guidelines.
e. Persons who are obtaining a service involving the nose, face, or head for which
temporary removal of the face covering is necessary to perform the service.
f. Persons who are eating or drinking at a restaurant or other establishment that
offers food or beverage service, so long as the person is able to maintain social
distancing, as recommended by the CDC, from persons who are not members
of the same household or party as the person.
g. Persons who are incarcerated.
h. Patrons of gyms so long as the gym is following the protocols as outlined in the
Idaho Rebounds Business Specific Protocols for indoor gyms and recreational
facilities.
i. Outdoor and/or indoor public places where people can maintain social
distancing as recommended by the CDC.
SECTION 2. PENALTIES
Any person who is found to be in violation of any provision of this Ordinance shall be guilty of an infraction, punishable by a fine of $50. However, no citations shall be issued for the first 30 days that this ordinance is in effect.
SECTION 3. EFFECTIVE DATE PROCLAMATION AND SUNSET DATE
The provisions of this Ordinance shall take effect at 12:00 a.m. on November 21, 2020, and is hereby proclaimed by the Mayor of the City of Pocatello to be effective upon posting in at least five (5) public places of the city, as required by Idaho Code §50-901, and shall remain in effect until rescinded, superseded or amended by the City Council of the City of Pocatello.
PASSED AND APPROVED this _____ day of November, 2020.
CITY OF POCATELLO, a municipal
corporation of Idaho
________________________________
BRIAN C. BLAD, Mayor
ATTEST:
_____________________________
KONNI R. KENDELL, City Clerk
STATE OF IDAHO )
ss:
County of Bannock )
On this ______ day of November, 2020, before me, the undersigned, a Notary Public for the State, personally appeared Brian C. Blad and Konni R. Kendell, known to me to be the Mayor and City Clerk, respectively, of the City of Pocatello, and acknowledged to me that they executed the foregoing instrument for and on behalf of said municipal corporation and that said municipal corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date and year in this certificate first above written.
(SEAL)
________________________________________
NOTARY PUBLIC FOR IDAHO
Residing in: ______________________________
My commission expires: ____________________
