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CONSIDERATION OF ORDINANCE O-2021-17 UPON FIRST, SECOND AND FINAL READING: AN ORDINANCE OF THE CITY OF NORMAN, OKLAHOMA AMENDING CHAPTER 10, ARTICLE XI, SECTIONS 1102, 1103 AND 1106 AND CHAPTER 15, ARTICLE V, SECTION 506 OF THE CODE OF THE CITY OF NORMAN, OKLAHOMA TO ADD CERTAIN SOCIAL GATHERINGS TO THE DEFINITION OF PUBLIC SETTING, AMENDING EXCEPTIONS TO FACE COVERING REQUIREMENTS; AMENDING PENALTIES FOR NON-COMPLIANCE; ADDING FAILURE TO COMPLY WITH FACE COVERING REQUIREMENT TO VIOLATIONS WHICH MAY, IN COMBINATION WITH OTHER VIOLATIONS, CONSTITUTE A NUISANCE PARTY; DECLARING AN EMERGENCY; AND PROVIDING FOR THE SEVERABILITY THEREOF.
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BACKGROUND: A respiratory disease caused by the SARS-CoV-2 virus called COVID-19 began spreading throughout China and much of the rest of the world during the winter of 2019/2020. According to the U.S. Centers for Disease Control and Prevention (“CDC”), COVID-19 is spread primarily from person to person, mainly through respiratory droplets produced when an infected person talks, coughs, or sneezes.
The first cases in Norman were diagnosed in March 2020. Considerable spread was identified in nursing homes. A number of proclamations were issued by the Mayor throughout the Spring as part of a nationwide effort to “flatten the curve” of the spread of the virus. The curve was effectively flattened and Norman saw very few new cases in late April, throughout May, and in early June. This led to a phased return to normal activities on June 12.
In an effort to control the spread of the virus, and avoid implementing business closures, Council imposed a mask requirement in early July with the adoption of Ordinance O-2021-3. This ordinance was amended on September 8, 2020 to impose a cap on authorized occupant loads in restaurants and bars on days on which there is a University of Oklahoma home football game. After assessing the first game and the return of college students, there has been concern about having a tool to address large gatherings where social distancing cannot be maintained.
DISCUSSION: Ordinance O-2021-17 amends the definition of “public setting” to include social gatherings in excess of 25 people, indoors or outdoors. Under the current ordinance, people are required to wear masks in public settings if social distancing cannot be maintained. It also amends the exception to the mask requirement for a private home making a private home exempt from the mask requirement as long as it is not hosting a social gathering exceeding 25 people. The Ordinance also amends the penalties provision of the COVID ordinance. Currently, there is no penalty for not wearing a mask. This would add a penalty for failure to wear a mask in a public setting or place of public accommodation when required by the ordinance. This is an important piece of the final amendment contained in this ordinance. The final amendment amends Section 15-506 of the Code (Nuisance Party) to make a violation of the face covering requirement one of the three charges that could result in a nuisance party charge. In order for this to work, failure to wear a mask has to be a violation that can be penalized in Municipal Court.
In consideration of the public health emergency and the rising cases in Norman, this ordinance is scheduled for Council consideration on September 22, 2020 for First, Second and Final Reading. A separate vote on the emergency clause will be required. This allows the ordinance to go into effect immediately.
RECOMMENDATION: Staff forwards Ordinance O-2021-17 to Council for consideration.