City of Clemson Looks to Pass Ordinance Requiring Masks to be Worn

The NCAA finalized a plan two weeks ago that would extend the preseason by two weeks, and keep college football on track to begin on time.

The NCAA Division I Football Oversight Committee proposed a six-week preseason practice plan that was voted on by the NCAA D-I Council. The plan would allow teams to begin "required" summer athletic activities as early as July 6 for teams playing in Week Zero.

However, as the number of cases of COVID-19 increase across the state, including 23 cases of infection in the Clemson football program, the city of Clemson has proposed taking dra

CITY OF CLEMSON ORDINANCE CC‐2020‐16 AN EMERGENCY ORDINANCE OF THE CITY OF CLEMSON, SOUTH CAROLINA, TO REQUIRE THE WEARING OF FACE COVERINGS OR MASKS IN PUBLIC PLACES AND IN SETTINGS WHERE THERE IS A RISK OF EXPOSURE TO THE COVID‐19 VIRUS.

WHEREAS, the COVID‐19 virus has continued to sharply and aggressively spread in our State; and, WHEREAS, in the past week alone, South Carolina confirmed more than 6000 new infections; and, WHEREAS, testing of the City’s wastewater indicates elevated levels of infection in the community similar to levels in other cities in which an outbreak of the virus was about to occur or was well underway; and, WHEREAS, certain local businesses have already had to close down as the result of infections suffered by employees; and, WHEREAS, the State Epidemiologist has noted that the virus does not spread on its own, but is instead spread by infected people, who may not even know they are infected, wherever they go; and, WHEREAS, there currently is no vaccine for COVID‐19; and,

WHEREAS, according to public health physicians and authorities, the only current way to slow infection rates is to limit exposure; and, WHEREAS, public health physicians and authorities recommend the wearing of face coverings in public places and in settings where there is a risk of exposure; and, WHEREAS, South Carolina Code §5‐7‐250 empowers Council to enact certain emergency ordinances affecting life, health, or safety; and, WHEREAS, in light of the foregoing, Council deems it necessary and proper to adopt this emergency ordinance to protect the public health of citizens and visitors, as infection with the COVID‐19 virus can result in serious illness, permanent physical harm, and even death; and,

NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Clemson, in Council duly assembled and with a quorum present, that: 1. Wearing of Face Coverings or Masks. Every person within the boundaries of the City of Clemson is required to wear a face covering or mask any time they are, or may be, in contact with other people who are not that person’s family or household members. For example, all persons must wear face coverings or masks in public places and in other settings where there is a risk of exposure, including, but not limited to, all persons:

Inside all City of Clemson buildings;

On all transport and transit vehicles, including, but not limited to, CATbus, Senior Solutions, rideshare, taxi, and shuttle vehicles;

Waiting to enter any building open to the public, any City of Clemson building, or waiting to board any transport or transit vehicle;

Interacting with people from other households in public places, whether indoors or outdoors;

Interacting with others during curbside pickup, drive‐thru and food truck purchases, deliveries to homes and businesses, and service calls;

In public places when it is not possible to consistently maintain a distance of 6 feet from other persons not from the same household; and,

Working in all jobs that entail contact with any member of the public, including, but not limited to, all jobs involving the preparation or packaging of food and/or beverage.

Parents or guardians are responsible for ensuring that minor children wear face coverings or masks, unless such children are exempt as set forth herein.

2. Definitions.

“Face covering” or “mask” means a clean cloth, fabric, or other soft or permeable material, without holes, that covers both the mouth and nose, including, but not limited to surgical masks, respirators, face shields, handmade masks, bandanas, neck gaiters, scarves, or wraps made up of tightly woven fabric such as denim or cotton.

“Household” means all persons living in the same dwelling unit. It does not include the residents of separate dwelling units at the same location, such as may be the case at a dormitory, apartment complex, or other multi‐unit residence.

“Persons” includes all persons not herein exempted from wearing face coverings or masks. The term includes business and organization staff, as well as customers, visitors, guests, and invitees.

“Public places” includes public property, but also includes private property to which members of the public and/or customers, clients, or guests are allowed or invited.

3. Location exemptions. The wearing of face coverings may be advisable, but is not required:

In personal vehicles when a person is alone or only with other family or household members;

In private homes when a person is alone or only with other family or household members;

In private, individual offices, at times when members of the public, clients, customers, guests, or other invitees are not present;

While any person is engaged in outdoor recreational activities, such as hiking, bicycling, or running, when alone or with family or household members, as long as it is possible to maintain a distance of at least 6 feet from persons who are not family or household members;

While eating, drinking, or smoking (in locations where smoking is permitted); and,

While with family members and/or members of the same household.

4. Persons not required to wear face covering or masks:

Children younger than 3, because of the risk of choking or suffocation;

Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering;

Persons whose religious beliefs prevent them from wearing a face covering;

Persons who are hearing impaired, or who are communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication;

Persons 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;

Persons who are obtaining a service or treatment involving the nose or face or a medical procedure for which temporary removal of the face covering is necessary to perform the service;

Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided that they are able to maintain a distance of at least six feet away from persons who are not members of the same household or residence; and,

Persons complying with instructions from law enforcement.

As they are able, persons exempted from wearing face coverings or masks are encouraged and expected to socially distance. If unable to social distance, such persons are encouraged to use alternative means of protection, such as face shields, if safe to use. An alternative for young children in carriers or strollers might include coverings for the carrier or stroller that still allow comfortable breathing. 5. Penalties. Law enforcement and other public safety and emergency management personnel are encouraged and expected to educate and encourage voluntary compliance with this order. However, any person found to have violated any mandatory provision of this ordinance shall be deemed guilty of a misdemeanor offense and shall be subject to the penalties set forth in CC Code Sec. 1‐8. 6. Voluntary measures. To further reduce the risk of exposure and transmission, every person is strongly urged to: a. Wash hands frequently and thoroughly;

Practice social distancing at all times, by staying at least 6 feet from persons not from the same household, because face coverings are not a substitute for social distancing;

Avoid any size gatherings where others are not wearing face coverings or masks and/or are not social distancing;

Self‐isolate for at least 14 days if there has been contact with an infected person; and,

Seek testing and medical advice if feeling ill, and stay at home while awaiting test results and if a positive test result is received

7. Severability. If any subsection, sentence, clause, phrase, or word of this ordinance or any application of it to any person, structure, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such holding shall not affect the validity of the remaining portions or applications of this ordinance. 8. Effective date. This emergency ordinance shall take effect Thursday, June 25, 2020, and shall remain in effect until terminated by the issuance of another ordinance expressly stating that it is terminated or extended, or it shall automatically expire on the 61st day after enactment of this ordinance, whichever date is earlier. IT IS SO ORDAINED.

The measure is expected to be voted on Thursday, June 24.