TC Ord. No. 20-08 Emergency Ordinance Regarding Indoor Face Covering RequirementsAvon
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EMERGENCY ORDINANCE NO. 20-08
ADOPTING A NEW CHAPTER 8.44 OF TITLE 8 OF THE AVON MUNICIPAL
CODE REGARDING INDOOR FACE COVERING REQUIREMENTS
WHEREAS, COVID-19 is a highly contagious virus that has spread throughout the United
States, including the Town of Avon, Colorado (the "Town"); and
WHEREAS, COVID-19 may cause serious illness and death, especially with respect to
elderly persons or those with underlying health conditions; and
WHEREAS, on January 30, 2020, the World Health Organization declared the worldwide
outbreak of COVID-19 a public health emergency of international concern; and
WHEREAS, on January 31, 2020, the United States Department of Health and Human
Services declared COVID-19 a public health emergency; and
WHEREAS, on March 6, 2020, Eagle County declared a local disaster; and
WHEREAS, on March 10, 2020, in response to the spread of COVID-19, Governor Polis
declared a state of emergency; and
WHEREAS, on March 19, 2020, the Avon Town Manager declared a local disaster
emergency, and Town Council extended such declaration on March 24, 2020; and
WHEREAS, the Town Council reaffirms that protecting public health is the Council's top
priority; and
WHEREAS, the Town Council is empowered by Section 31-15-401(1)(b), C.R.S., to do
all acts and make all regulations which may be necessary or expedient for the promotion of health
or the suppression of disease; and
WHEREAS, the Governor of the State of Colorado and the Colorado Department of Public
Health and Environment have acknowledged that the wearing of face coverings in public settings
is beneficial and helps to prevent the spread of COVID-19; and
WHEREAS, this ordinance is adopted to attempt to limit the health impacts of COVID-
19 within the Town by establishing requirements for the public to utilize face coverings when
inside places of business within the Town that are open to the public, or when members of the
public are unable to maintain safe social distancing (six or more feet separation) from others not
of their own household, and to thereby slow the spread of COVID-19 within the Town; and
Ord 20-08 — Adding Chapter 8.44 — Regarding Indoor Face Coverings — June 30, 2020
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WHEREAS, Section 6.6 of the Charter permits the adoption of ordinances on one reading
with the concurring vote of five (5) Council members after posting notice of a public hearing and
conducting a public hearing.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Avon Town Council.
Section 2. Addition of Chapter 8.44 to Title 8 of the Avon Municipal Code. Chapter 8.44,
"Indoor Face Covering Requirements" is added to Title 8, "Health and Safety," of the Avon
Municipal Code to read as set forth in Exhibit A: Addition of Chapter 8.44 to Title 8 of the
Avon Municipal Code, attached hereto.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Avon Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the tenn "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect immediately upon adoption in
accordance with Section 6.6 of the Charter.
Section 6. Repeal. This ordinance shall be automatically repealed at such time as the Town
Council declares that the COVID-19 public health emergency within the Town has passed.
Section 7. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 8. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
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INTRODUCED AND ADOPTED ON FIRST AND FINAL READING on June 30, 2020.
BY:
Sarah Smith Hymes, Mayor
APPROVED AS TO FORM:
ul Wisor, Town Attorney
ATTEST:
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EXHIBIT A: CHAPTER 8.44
CHAPTER 8.44 — Indoor Face Covering Requirements
8.44.010 — Purpose and Intent.
It is the purpose and intent of this Chapter to adopt requirements for the use of face coverings while indoors
in the Town of Avon during the coronavirus pandemic to reduce the spread of the coronavirus in the Avon
community, including residents and visitors, This Chapter 8.44 shall not supersede or replace any
requirement adopted by Eagle County or the State of Colorado which is more strict.
8.44.020 — Definitions
Face Covering means a medical or non-medical cloth face covering that covers the nose and mouth and
remains affixed in place without the use of one's hands.
8.44.030 — Indoor Face Covering Requirements
All persons shall wear face coverings when entering and at all times while inside the areas of a business
which is open to the public, subject to the following exceptions when a face covering shall not be required:
A. When wearing a face covering would inhibit an individual's health due to an existing health
condition;
B. Persons under two years of age;
C. When seated for dining or consumption within a restaurant or bar;
D. When receiving personal or health services that require access to the mouth or nose, including
but not limited to dentistry or dermatology;
E. When exercising in a gym or fitness center when wearing a face covering is not physically
possible;
F. During an indoor office meeting that is not open to the general public when persons can maintain
at all times a minimum social distance of six feet; and,
G. During a special event under a special event activity permit issued by the Town that identifies
persons who may be exempt and includes such conditions as may be imposed by the Town.
8.44.040 — Enforcement
The Town Manager, including the Town Manager's designee, is authorized to enforce this Chapter 8.44 by
promulgating and publishing guidance and information to private businesses, receiving complaints, issuing
warnings to businesses, and suspending a business license for up to a maximum of ten (10) days,
Guidance for enforcement includes strong reliance on communication, education and warnings for
businesses and any suspension business license shall only be appropriate in circumstances where non-
compliance occurs after two or more warnings or when knowing and flagrant non-compliance occurs.
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