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 <img src="https://media.eaglewebservices.com/public/2020/7/1594997036967.jpeg" alt="Hays city commissioners have asked for a mandatory face mask ordinance to be placed on the July 23 agenda." />
 <figcaption>Hays city commissioners have asked for a mandatory face mask ordinance to be placed on the July 23 agenda.</figcaption>
 </figure>Becky Kiser Hays PostA mandatory face mask ordinance based on one&nbsp;<a href="https://hayspost.com/posts/322564fb-ce3f-499b-813a-d2223858ab66">approved by the Sedgwick County Commission</a> July 10 has been drafted for the city of Hays by City Attorney John Bird and City Manager Toby Dougherty. Although it was not on the agenda, city commissioners discussed the situation at the end of their Thursday night work session."I don't know if I have all the votes to mandate it but if we have another week like we had this week, I think it's time," said Shaun Musil, mayor. "I hope next week is better. "We've just got to take care of our community."The Ellis County Health Department on Wednesday announced <a href="https://hayspost.com/posts/19cec1a3-3f8e-441b-8af5-ca15aaedfd35">nine new positive cases of COVID-19 have been identified since Monday</a>.There are now 27 active cases in Ellis County, with 66 total cases since reporting began. Health Services Director Jason Kennedy&nbsp;noted the "exponential" increase in coronavirus cases since the Fourth of July holiday stemming from the gathering of large groups.<a href="https://hayspost.com/posts/21423f8d-d261-4eb5-b117-ab3f25442f3f">Ellis County commissioners voted July 2 not to enforce</a>&nbsp;the&nbsp;<a href="https://hayspost.com/posts/fd80a903-c6c3-4b70-ae64-3ef420902ede">statewide mandatory face mask&nbsp;</a>executive order by Gov. Laura Kelly.&nbsp;&nbsp;<a href="https://hayspost.com/posts/770d7b0c-0f54-49ee-a0d9-71320b04121a">Counties are allowed to exempt themselves</a>&nbsp;from the mandate.&nbsp;&nbsp;The city is requiring its&nbsp;<a href="https://hayspost.com/posts/af54a961-d76c-4d44-b2cc-55a9b1862926">employees and visitors to its buildings</a>&nbsp;to wear face masks.&nbsp; &nbsp;<figure>
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 </figure>Musil, owner of&nbsp;Paisley Pear Wine Bar, Bistro and Market in downtown Hays, said his staff is now wearing masks.&nbsp;"I had a customer come in today who said they would not go to a different Hays business because (those employees) were not wearing a mask."Musil noted several <a href="https://hayspost.com/posts/84d98406-97e0-49a2-b867-6df49276da6f">national businesses</a>, including Walmart and Kroger (Dillons), will require customers and employees to wear masks beginning next week.Musil lamented the politicization of face masks and competing theories of whether they help slow transmission of coronavirus.&nbsp;"I don't know if they solve anything but it sure makes people feel better."He said he "doesn't like" wearing face masks, and "personally, I don't think they stop anything, but it's the right thing to do."&nbsp;Commissioner Mason Ruder said during a doctor's appointment Thursday, his physician said they&nbsp; were having COVID emergencies."I asked him if he thought it was time to mandate face masks," Ruder related. "He said it was time a few weeks ago."Ruder said he "doesn't like the strong arm of mandates.""I'd rather believe in people, that they can step up and do the right thing.&nbsp;"Let's mitigate this before it becomes a problem and we gotta shut down again. I don't know how many businesses could handle another shutdown."I agree if it continues to go like it has, a mandate might be something to look at."This isn't a political attack. We're not trying to take your rights away," Ruder continued. "If you don't wear a mask - if it's mandated, we won't lock you up. It's more of a thing where we need to work together and tackle this thing before it becomes a bigger issue than it is."Vice-Mayor Sandy Jacobs agreed it's a very emotional issue."I initially said I was in favor of mandates and I am not today," she said."If this continues to grow, I just don't think we have any choice. I'd be ready to make the decision next week."Commissioner Michael Berges <a href="https://hayspost.com/posts/69f1b5b1-a69e-4dab-80b1-ee8c00201441">reiterated his support</a>&nbsp;for wearing masks, saying he wasn't shocked at the&nbsp;governor's recommendation to <a href="https://hayspost.com/posts/9c2106e8-8c7e-4c99-a681-39cb11dc76ee">delay starting schools until after Labor Day</a>.&nbsp;"The defiance is absurd at this point," Berges declared.&nbsp;&nbsp;"More and more businesses, including my own business since July 1, are requiring that you wear a mask. If we wear them religiously, maybe we can get through this more quickly."&nbsp;Commissioner Ron Mellick said he thinks "we'll all get the coronavirus at one time or another, mask or no mask.""But the big thing is that we don't get our healthcare system overwhelmed."Mellick asked for the mandatory mask ordinance to be put on next week's agenda."We don't have to pass it but we can if the county doesn't step up to the plate," he said.Below is the draft ordinance that will be on the July 23 city commission agenda.ORDINANCE
NO. 20-___AN ORDINANCE CREATING SECTIONS 20-1 THROUGH 20-5 OF THE CODE
OF THE CITY OF HAYS, KANSAS, PERTAINING TO REQUIRING THE WEARING OF MASKS OR
OTHER FACE COVERINGSBE IT ORDAINED BY THE
GOVERNING BODY OF THE CITY OF HAYS, KANSAS:SECTION 1: Section 20-1 of
the Code of the City of Hays is hereby created to read as follows:WHEREAS,
securing the health, safety, and economic well-being of
residents of the City of Hays is the priority of the City Commission; andWHEREAS,
the United States Departments of Health and Human Services
declared a public health emergency for COVID-19 beginning January 27, 2020,
with now more than 3,465,031 
cases of the illness and more than 136,940 deaths as a result of the
illness across the United 
States; andWHEREAS,
the World Health Organization declared a pandemic on March
11, 2020; andWHEREAS,
a State of Disaster Emergency was proclaimed for the State
of Kansas on March 12, 2020; andWHEREAS,
on March 13, 2020, the President of the United States
declared the ongoing COVID-19 pandemic of sufficient severity and magnitude to
warrant an emergency declaration for all states, tribes, territories, and the
District of Columbia pursuant to Section 50 1 (b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121-5207 (the
"Stafford Act"); andWHEREAS,
on March 13, 2020, the President of the United States
pursuant to Sections 201 and 301 of the National Emergencies Act, 50 U.S.C. §
1601, et seq. and consistent with Section 1135 of the Social Security Act, as
amended (42 U.S.C. § 1320b-5), declared a national emergency that the COVID-19
outbreak in the United States constitutes a national emergency beginning March
1, 2020; andWHEREAS,
as of this date, in Kansas there have
been 21,111 reported positive cases of 
COVID-19 spread among 102 counties, including 304 deaths; andWHEREAS,
after a steady trend of decreasing metrics, recent weeks have seen the numbers
of COVID-19 cases, hospitalizations, and deaths spike in Kansas and across the
nation; andWHEREAS,
in Ellis County, there is a recent increase in cases
reported; andWHEREAS, this increased COVID-19 spread is a danger to the health and safety
of every Hays resident and also presents a serious threat to reopening and
reviving the Hays economy; andWHEREAS,
wearing a mask in public is the easiest and most effective way to protect each
other and help keep our businesses open and our economy running; andWHEREAS,
the City of Hays must remain flexible to account for the
evolving nature and scope of the unprecedented public health emergency posed by
COVID-19, while also simultaneously safely, strategically, and incrementally
reopening business and facilitating economic recovery and revitalization; andWHEREAS,
for the aforementioned and other reasons, and in recognition
and furtherance of my responsibility to provide for and ensure the health,
safety, security, and welfare of the people of the City of Hays, requiring that
masks or other face coverings be worn in public spaces is necessary to promote
and secure the safety and protection of the civilian population.SECTION 2. Section 20-2 of
the Code of the City of Hays, Kansas, is hereby created to read as follows:As
used in this Chapter, the following terms shall have the following meanings:
Definitions:a.&nbsp;&nbsp;&nbsp;
"Mask or other face
covering" means a covering of the nose and mouth that is secured to the
head with ties, straps, or loops over the ears or secured to the head by other
means or devices or is simply wrapped around the lower face. A mask or other
face covering can be made of a variety of synthetic and natural fabrics,
including cotton, silk, or linen. Ideally, a mask or other face covering has
two or more layers. A mask or other face covering may be factory-made, sewn by
hand, or can be improvised from household items such as scarfs, bandanas,
t-shirts, sweatshirts, or towels.b.&nbsp;&nbsp;&nbsp;
“Public space” means any
indoor or outdoor space or area that is open to the public; this does not
include private residential property or private offices or workspaces that are
not open to customers or public visitors.SECTION
3. Section 20-3 of the Code of the City of Hays is hereby created to read as
follows:1.
All persons in the City of Hays shall cover their mouths and noses with a mask
or other face covering when they are in the following situations:a.
Inside any indoor public space where distancing of 6 feet is not possible;b. Obtaining
services from the healthcare sector in settings, including but not limited to,
a hospital, pharmacy, medical clinic, laboratory, physician or dental office,
veterinary clinic, or blood bank, unless directed otherwise by an employee or
healthcare provider.c.&nbsp; Riding
on public transportation or while in a taxi, private car service, or
ride-sharing vehicle;d. While
outdoors in public spaces and unable to maintain a 6-foot distance between
individuals (not including individuals who reside together) with only
infrequent or incidental moments of closer proximity.2)
Businesses and organizations. All
businesses, organizations and non-profit associations in the City of Hays must
require all employees, customers,
visitors, members, or members of the public to wear a mask or other face
covering when:a.&nbsp; Employees
are working in any space visited by customers or members of the public;b. Employees
are working in any space where food is prepared or packaged for sale or
distribution to others;c.&nbsp; Customers,
members, visitors, or members of the public are in a facility managed by the
business or organization; ord. Employees
are in any room or enclosed area where other people (except for individuals who
reside together) are present and are unable to maintain a 6-foot distance
except for infrequent or incidental moments of closer proximity.3. Exemptions.
The following individuals are exempt from wearing masks or other face coverings
in the situations described in Paragraphs 1 and 2:a.&nbsp; Children
age ____ years or younger and further provided that children two and younger should
not wear a face covering because of risk of suffocation;b. Persons
with a medical condition, mental health condition, or disability that prevents
wearing a face covering—this includes persons with a medical condition for whom
wearing a face covering could obstruct breathing or who are unconscious,
incapacitated, or otherwise unable to remove a face covering without
assistance;c.&nbsp; Persons
who are hearing impaired, or communicating with a person who is hearing
impaired, where the ability to see the mouth is essential for communication;d. 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;e.&nbsp; Persons
who are obtaining a service involving the nose or face for which temporary
removal of the face covering is necessary to perform the service;f.&nbsp; Persons
who are seated at a restaurant or other establishment that offers food or
beverage service, while they are eating or drinking, provided they maintain a
6-foot distance between individuals (not including individuals who reside
together or are seated together) with only infrequent or incidental moments of
closer proximity;g. Athletes
who are engaged in an organized sports activity that allows athletes to
maintain a 6-foot distance from others with only infrequent or incidental
moments of closer proximity;h. Persons
who are engaged in an activity that a professional or recreational association,
regulatory entity, medical association, or other public-health-oriented entity
has determined cannot be safely conducted while wearing a mask or other face
covering;i.&nbsp;&nbsp;
Persons engaged in a
court-related proceeding held or managed by the Kansas Judiciary; andj.&nbsp;&nbsp;
Persons engaged in any lawful
activity during which wearing a mask or other face covering is prohibited by
law.SECTION
4. Section 20-4 of the Code of the City of Hays is hereby created to read as
follows:1. Any
person, business or organization violating the provisions of Section 20-4 of
the Code of the City of Hays shall be guilty of an infraction.2. A
person, firm, or corporation convicted of a violation of this section shall be
punished by a fine of twenty five ($25.00) dollars upon a first conviction, by
a fine of fifty ($50.00) dollars upon a second conviction, and by fine of one
hundred dollars ($100.00) dollars upon a third or subsequent conviction, plus
court costs.SECTION
5. Section 20-5 of the Code of the City of Hays is hereby created to read as
follows:The
provisions hereof shall be in effect until August ___, 2020.SECTION 6. &nbsp;<a>This ordinance shall take effect and be in force from and
after its publication </a>on the City of Hays website. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; PASSED
by the Commission the _______ day of July, 2020.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; APPROVED
AND SIGNED by the Mayor this _____ day of July, 2020.SHAUN MUSILMayorATTEST:______________________________BRENDA KITCHENCity Clerk&nbsp;

🎥 Mandatory face mask ordinance to be considered by city commissioners