11/24/2020 - An Ordinance Amending And Repealing Ordinance No. 20-11034 Requiring The Wearing Of Masks Or Other Face Coverings In Public Spaces.
ORDINANCE NUMBER 20-11045
AN ORDINANCE AMENDING AND REPEALING ORDINANCE NO. 20-11034 REQUIRING THE WEARING OF MASKS OR OTHER FACE COVERINGS IN PUBLIC SPACES.
WHEREAS, securing the health, safety, and economic well-being of residents of the City of
Salina 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 11,136,000
cases of the illness and more than 246,000 deaths as a result of the illness across the United
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. § 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. § 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; and
WHEREAS, as of this date, in Kansas there have been 128,594 reported positive cases of
COVID-19 spread among 105 Kansas counties, including 1,326 deaths; and
WHEREAS, in the late spring and early summer 2020, Kansas experienced a steady trend of decreasing COVID-19 cases, hospitalizations, and deaths, but by mid-summer that downward trend gave way to a worrying spike in COVID-19 cases, hospitalizations, and deaths spike in Kansas and across the nation; and
WHEREAS, in Saline County, there is a recent increase in reported COVID-19 cases; and
WHEREAS, this increased COVID-19 spread is a danger to the health and safety of residents of Salina and also presents a serious threat to the Salina 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, for the aforementioned and other reasons, and in recognition and furtherance of our responsibility to provide for and ensure the health, safety, security, and welfare of the people of
the City of Salina, 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, SO NOW, THEREFORE,
BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. Definitions. The following terms shall have the following meanings:
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 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. “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.
c. “Room” means a part or division of a building enclosed by full height walls, floor and ceiling
Section 2. Requirements of persons. All persons in the City of Salina 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;
b. In line and waiting to enter an indoor public space;
c. 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;
d. Waiting for or riding on public transportation or while in a taxi, private car service, or
ridesharing vehicle; or
e. 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.
Section 3. Requirements of businesses, organizations, and non-profit associations. All businesses, organizations and non-profit associations in the City of Salina must require all employees, customers, visitors, members, or members of the public to wear a mask or other face covering when:
a. They are present within the business, organization or non-profit association’s indoor public space;
b. Employees are working in any space where food is prepared or packaged for sale or
distribution to others;
Section 4. Exemptions. The following individuals are exempt from wearing masks or other face
coverings in the situations described in Sections 2 and 3:
a. Persons age five years or under; children age two years and under in particular should
not wear a face covering because of the 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. Persons who are deaf or hard of hearing, or communicating with a person who is
deaf or hard of hearing, 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
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 an activity or event held or managed by the Kansas Legislature;
j. Persons engaged in a court-related proceeding held or managed by the Kansas
k. Persons engaged in any lawful activity during which wearing a mask or other face
covering is prohibited by law.
l. Persons who are in a room with no other person(s) present.
Section 5. Enforcement, violations and penalties.
a. Any person, business, organization, or non-profit association violating the provisions of this ordinance shall be guilty of misdemeanor, punishable by:
1. A fine of no less than twenty-five ($25.00) dollars upon a first violation.
2. A fine of no less than fifty ($50.00) dollars upon a second violation.
3. A fine of no less than one hundred ($100.00) dollars upon a third or subsequent violation
b. Each occurrence of a violation of this ordinance shall be considered a separate and distinct violation.
Section 6. Repealer. Ordinance No. 20-11034 is repealed.
Section 7. Effective. This ordinance shall be in full force and effect from and after its adoption and publication once in the official city newspaper by the following summary:
Ordinance No. 20-11045 Summary
On November 23, 2020, the City Commission passed Ordinance No. 20-11045. The Ordinance amends and repeals Ordinance No. 20-11034. The Ordinance requires the wearing of masks or other face coverings in public spaces; addresses the requirements of persons, businesses, organizations, and non-profit associations; outlines specific exemptions from the requirement of wearing masks or other face coverings; and addresses the penalties for a first, second, and any subsequent violations of the Ordinance. A complete copy of the Ordinance can be found at www.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City’s legal counsel.
Introduced: November 23, 2020
Passed: November 23, 2020
Michael L. Hoppock, Mayor
Cheryl Mermis, Deputy City Clerk
The publication summary set forth above is certified this ___ day of November, 2020.
Greg A. Bengtson, City Attorney