Becky Kiser
Hays Post
A mandatory face mask ordinance based on one approved by the Sedgwick County Commission 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 nine new positive cases of COVID-19 have been identified since Monday.
There are now 27 active cases in Ellis County, with 66 total cases since reporting began. Health Services Director Jason Kennedy noted the "exponential" increase in coronavirus cases since the Fourth of July holiday stemming from the gathering of large groups.
Ellis County commissioners voted July 2 not to enforce the statewide mandatory face mask executive order by Gov. Laura Kelly.
Counties are allowed to exempt themselves from the mandate.
The city is requiring its employees and visitors to its buildings to wear face masks.
Musil, owner of Paisley Pear Wine Bar, Bistro and Market in downtown Hays, said his staff is now wearing masks.
"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 national businesses, 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.
"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."
Commissioner Mason Ruder said during a doctor's appointment Thursday, his physician said they 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.
"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 reiterated his support for wearing masks, saying he wasn't shocked at the governor's recommendation to delay starting schools until after Labor Day.
"The defiance is absurd at this point," Berges declared.
"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."
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 COVERINGS
BE 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; and
WHEREAS,
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; and
WHEREAS, the World Health Organization declared a pandemic on March 11, 2020; and
WHEREAS, a State of Disaster Emergency was proclaimed for the State of Kansas on March 12, 2020; and
WHEREAS, 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. Ā§ 5121-5207 (the "Stafford Act"); and
WHEREAS, 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. Ā§ 1601, et seq. and consistent with Section 1135 of the Social Security Act, as amended (42 U.S.C. Ā§ 1320b-5), declared a national emergency that the COVID-19 outbreak in the United States constitutes a national emergency beginning March 1, 2020; and
WHEREAS,
as of this date, in Kansas there have
been 21,111 reported positive cases of
COVID-19 spread among 102 counties, including 304 deaths; and
WHEREAS, 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; and
WHEREAS, in Ellis County, there is a recent increase in cases reported; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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. "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. āPublic spaceā 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. 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. 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. Customers, members, visitors, or members of the public are in a facility managed by the business or organization; or
d. 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. 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 coveringāthis 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. 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. 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. 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. Persons engaged in a court-related proceeding held or managed by the Kansas Judiciary; and
j. 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. This ordinance shall take effect and be in force from and after its publication on the City of Hays website.
PASSED by the Commission the _______ day of July, 2020.
APPROVED AND SIGNED by the Mayor this _____ day of July, 2020.
SHAUN MUSIL
Mayor
ATTEST:
______________________________
BRENDA KITCHEN
City Clerk