City of Winter Haven Extends Face Covering Ordinance to September 15

8/11/2020

On Monday, August 10, 2020, the Winter Haven City Commission received a Covid-19 update from the Polk Health Department. Discussions resulted in the passing of Ordinance O-20-32 extending the masks/face covering requirement inside the City limits consistent with CDC guidelines. This Emergency Ordinance expires September 15 unless rescinded and/or extended. The Emergency Ordinance will be enforced in the area inside the incorporated limit of Winter Haven with a fine of $150 for those that don’t comply.

The Ordinance can be found at with pertinent info below: https://www.egovlink.com/public_documents300/winterhaven/published_documents/Winter%20Haven/COVID19%20Coronavirus/O-20-32%20Ordinance.pdf

Official ordinance language:

SECTION 2. Definitions.

"Face Covering" shall mean a uniform piece of material that securely covers a person's nose and mouth and remains affixed in place without the use of one's hands, whether store-bought or homemade, consistent with CDC guidelines.
"Social Distancing" shall mean keeping space between yourself and other people by staying at least 6 feet from other people.
"Companion" shall mean a person by whom you are accompanied.

SECTION 3. Face Coverings Required

Every person working, living, visiting, or doing business in the City of Winter Haven, Florida shall wear a face covering consistent with CDC guidelines in any indoor location, other than their home or residence, when not maintaining social distancing from other persons, excluding family members or companions.
Medical and surgical masks, such as "N95" masks or other similar medical or surgical masks are in short supply and should be reserved for health care personnel and other first responders with the greatest need for such personal protective equipment.

SECTION 4. Exceptions

Nothing herein shall require the wearing of face coverings by the following persons:

Persons under the age of eight (8) years old;
Persons observing social distancing in accordance with CDC guidelines;
Persons for whom a face covering would cause impairment due to an existing health condition;
Persons working in a business or profession who do not have interactions with other persons;
Persons working in a business or profession who maintain social distancing from other persons;
Persons working in a business or profession where use of a face covering would prevent them from performing the duties of their business or profession;
Persons exercising, while maintaining social distancing in accordance with CDC guidelines;
Persons eating or drinking;
Persons under the age of eighteen (18) years old while participating in youth sports;
Public safety, fire and other life safety and health care personnel, as their protective equipment requirements will be governed by their respective agencies;
Persons communicating with someone who is hearing impaired where the wearing of a face covering would impede communication, provided that social distancing is observed to the greatest extent practicable;
Persons for whom the requirement to wear a face covering would cause a conflict with the Americans with Disabilities Act (ADA).

SECTION 5. Enforcement and Penalties.

It is the intent of the City Commission to seek voluntary compliance with the provisions contained herein and to educate and warn of the dangers of non-compliance. Owners of businesses within the City of Winter Haven, Florida will be considered in compliance with the requirements of this Emergency Ordinance if they take four steps. Those include:

Posting signage about the face covering requirement;
Announcing the requirement over the businesses public address system, if possible;
Requiring employees to wear face coverings, unless they are exempt; and
Making a “reasonable effort” to get customers to wear a face covering, which can include asking them to wear said face covering.

However, in the event voluntary compliance is not achieved, then violation of this Emergency Ordinance, and any order issued pursuant hereto, shall be subject to a fine not exceeding the sum of One Hundred Fifty Dollars ($150.00) pursuant to Section 1-13 of the Code of Ordinances of the City of Winter Haven, Florida, or as otherwise provided by law. Notwithstanding any provision of Section 1-13 of the City Code to the contrary, a violation of this Emergency Ordinance, and any order issued pursuant hereto, shall only be subject to a fine of One Hundred Fifty Dollars ($150.00), and those provisions of Section 1-13 of the City Code providing for fines in excess of One Hundred Fifty Dollars ($150.00) or providing for a term of imprisonment shall not be applicable to violations of this Emergency Ordinance or orders issued pursuant hereto.

SECTION 6. Applicability.

Any provision of this Emergency Ordinance that conflicts with any State or Federal law or constitutional provision, or conflicts with or is superseded by a current or subsequently issued executive order of the Governor or other authority, shall be deemed inapplicable and deemed severable from this Emergency Ordinance, with the remainder of this Emergency Ordinance remaining in full force and effect. This Emergency Ordinance applies within the jurisdictional limits of the City of Winter Haven, Florida.

SECTION 7. Effective Date; Sunset Provision.

This Emergency Ordinance shall become effective on August 14, 2020 at 5:00 p.m. and shall expire at 11:59 p.m. on September 15, 2020 unless rescinded and/or extended by further action of the City Commission.

INTRODUCED AND PASSED by the City Commission of the City of Winter Haven, Florida, in regular session this 10th day of August, 2020

2 Comments

John Van Volkenburgh

8/11/2020 09:52:29 am

There are several Nursing Homes in Winter Haven that require mandatory testing. This could be inflating the New Case numbers. Verses other city’s or towns with less cases.

BVR

8/13/2020 09:21:27 pm

Please keep us up to date of how many fines that are written to those that don't comply. TOO FUNNY, But Sad!!

Your comment will be posted after it is approved.

Blog

City of Winter Haven Extends Face Covering Ordinance to September 15

Leave a Reply.

Upcoming Events

Our Sponsors