Emergency Order No. 20-01 Requiring Face CoveringsEMERGENCY ORDER NO. 20-01 AN ORDER BY THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF CUPERTINO REQUIRING MEMBERS OF THE PUBLIC TO WEAR FACE COVERINGS WHEREAS, Cupertino Municipal Code Section 2.40.060 empowers the City
Manager, as the Director of Emergency Services, to make and issue rules and regulations
on matters reasonably related to the protection of life and property as affected by a
proclaimed local emergency; and WHEREAS, March 11, 2020, the City Manager, serving as the Director of
Emergency Services, issued a Proclamation of Local Emergency regarding the presence
and community spread of the COVID-19 pandemic, and on March 17, 2020, the City
Council ratified the Proclamation of Local Emergency; and WHEREAS, the Director of Emergency Services does hereby find the following:
1.Santa Clara County has been coordinating with the counties of Alameda, Contra
Costa, Marin, San Francisco, and San Mateo on COVID-19 response efforts. On
April 17, 2020, Santa Clara County issued guidance strongly recommending that
members of the public wear face coverings in certain situations. On that same day,
Alameda, Contra Costa, Marin, San Francisco, and San Mateo counties issued
Public Health Orders requiring that the public wear face coverings in similar
situations. This Emergency Order aligns in scope with those County orders and
with the Santa Clara County's guidance regarding when to wear face coverings.
2.As of April 20, 2020, Santa Clara County had a total of 1922 confirmed cases of
COVID-19. Of those cases, 23 were from Cupertino. These counts increased on
April 21, 2020 when Santa Clara County had a total of 1946 confirmed cases of
COVID-19. Of those cases, 24 were from Cupertino. County transmission is
believed to be widespread and due to limited testing capacity, Cupertino's and
even the County's counts only represent a small portion of actual cases in all
likelihood.
3.COVID-19 is spread through respiratory droplets that are produced when an
infected person coughs, sneezes or talks. These droplets can land in the mouths or
noses of others who are nearby or can be inhaled into their lungs. COVID19 has
been shown to attach to surfaces for days and remain viable in the air for up to
three hours after the infected person has left. When properly worn by the user,
face coverings have the potential to slow the spread of the virus by limiting the
spread of these droplets. Even a small reduction in community transmission could
make a major difference in the demand on the healthcare system.
EMERGENCY ORDER NO. 20-01 Page 2
4.People can be infected and contagious while not showing any symptoms, meaning
they are asymptomatic. People can also be infected and contagious 48 hours before
developing symptoms, during the time when they are pre-symptomatic. In
addition, many people with the COVID-19 virus have mild symptoms and do not
recognize they are infected and contagious. Due to these factors, people can
unknowingly be infected and can unintentionally infect others. Therefore, the
CDC believes that wearing a face covering, when combined with physical
distancing of at least 6 feet and frequent hand washing, may reduce the risk of
transmitting coronavirus when in public and engaged in essential activities; andWHEREAS, the above facts give rise to conditions of extreme peril to the safety
and health of persons within the City; and WHEREAS, carriers of COVID-19 have been known to be asymptomatic and
wearing face coverings would help reduce the chances of transmission, further protecting
the community during this emergency; NOW, THEREFORE, IT IS HEREBY ORDERED that effective at 12:00 p.m. on
Friday, April 24, 2020, and continuing in effect until further notice from the Director of
Emergency Services or the City Council:
1.As used in this Order, a "Face Covering" means a covering made of cloth,
fabric, or other soft or permeable material, without holes, that covers only
the nose and mouth and surrounding areas of the lower face. A covering
that hides or obscures the wearer's eyes or forehead is not a Face Covering.
Examples of Face Coverings include a scarf or bandana; a neck gaiter; a
homemade covering made from a t-shirt, sweatshirt, or towel, held on with
rubber bands or otherwise; or a mask, which need not be medical-grade. A
Face Covering may be factory-made or may be handmade and improvised
from ordinary household materials. The Face Covering should be
comfortable, so that the wearer can breathe comfortably through the nose
and does not have to adjust it frequently, so as to avoid touching the face.
For as long as medical grade masks such as N95 masks and surgical masks
are in short supply, members of the public should not purchase those masks
as Face Coverings under this Order; those medical grade masks should be
reserved for health care providers and first responders. In general, even
when not required by this Order, people are strongly encouraged to wear
Face Coverings when in public. Also, for Face Coverings that are not
disposed of after each use, people should clean them frequently and have
EMERGENCY ORDER NO. 20-01 Page3
extra ones available so that they have a clean one available for use.
Note that any mask that incorporates a one-way valve (typically a raised
plastic cylinder about the size of a quarter on the front or side of the mask)
that is designed to facilitate easy exhaling is not a Face Covering under this
Order and is not to be used to comply with this Order's requirements.
Valves of that type permit droplet release from the mask, putting others
nearby at risk.
A video showing how to make a face covering and additional information
about how to wear and clean Face Coverings may be found at the website
of Centers for Disease Control and Prevention, at
https://www.cdc.gov/ coronavirus/2019-ncov /prevent-getting-sick/ diy
cloth-face-coverings.html.
2.All members of the public, except as specifically exempted below, must
wear a Face Covering outside their home or other place they reside in the
following situations:
a.When they are inside of, or in line to enter, any Essential Business (as
that term is defined in Section 13.f of the Santa Clara County Health
Officer's Order to Shelter in Place, dated March 31 , 2020 ("SCC
Shelter in Place Order")), including, but not limited to, grocery
stores, convenience stores, supermarkets, laundromats, and
restaurants;
b.When they are inside or at any location or facility engaging in
Minimum Basic Operations or seeking or receiving Essential
Government Functions (as defined in Sections 13.g and 13.d,
respectively, of the SCC Shelter in Place Order);
c.When they are engaged in Essential Infrastructure work (as defined
in Section 13.c of the SCC Shelter in Place Order);
d.When they are obtaining services at Healthcare Operations (as
defined by in Section 13.b of the SCC Shelter in Place Order)
including hospitals, clinics, COVID-19 testing locations, dentists,
pharmacies, blood banks and blood drives, other healthcare
facilities, mental health providers, or facilities providing veterinary
care and similar healthcare services for animals-unless directed
otherwise by an employee or worker at the Healthcare Operation; or
EMERGENCY ORDER NO. 20-01 Page4
e.When they are waiting for or riding on public transportation
(including without limitation any bus) or paratransit or are in a taxi,
private car service, or ride-sharing vehicle.
3.Each driver or operator of any public transportation or paratransit vehicle,
taxi, or private car service or ride-sharing vehicle must wear a Face
Covering while driving or operating such vehicle, regardless of whether a
member of the public is in the vehicle, due to the need to reduce the spread
of respiratory droplets in the vehicle at all times.
4.All Essential Businesses, as well as entities and organizations with workers
engaged in Essential Infrastructure work, Minimum Basic Operations, or
Essential Government Functions ( except for Healthcare Operations, which
are subject to their own regulation regarding specified face coverings),
must:
a.Require their employees, contractors, owners, and volunteers to
wear a Face Covering at the workplace and when performing work
off-site any time the employee, contractor, owner, or volunteer is:
1.interacting in person with any member of the public or with
coworkers;
11.working in any space visited by members of the public, such
as by way of example and without limitation, reception areas,
grocery store or pharmacy aisles, service counters, public
restrooms, cashier and checkout areas, waiting rooms, service
areas, and other spaces used to interact with the public,
regardless of whether anyone from the public is present at the
time;
111.working in any space where food is prepared or packaged for
sale or distribution to others;
1v. working in or walking through common areas such as
hallways, stairways, elevators, and parking facilities; or
v.in any room or enclosed area when other people (except for
members of the person's own household or residence) are
present, including coworkers.
For clarity, a Face Covering is not required when a person is
in a personal office (a single room) when others outside of that
person's household are not present as long as the public and
coworkers do not regularly visit the room. By way of example
and without limitation, a construction worker, plumber, bank
manager, accountant, or bike repair person is not required to
EMERGENCY ORDER NO. 20-01 Page5
wear a Face Covering if that individual is alone and in a space
not regularly visited by the public or coworkers, but that
individual must put on a Face Covering when coworkers are
nearby, when being visited by a client/customer, and
anywhere members of the public or other coworkers are
regularly present.
b.Take reasonable measures, such as posting signs, to remind their
customers and the public of the requirement that they wear a Face
Covering while inside of or waiting in line to enter the business,
facility, or location. Essential Businesses and entities or
organizations that engaged in Essential Infrastructure work or
Minimum Basic Operations may take reasonable steps to prohibit
any member of the public who is not wearing a Face Covering from
entering, may refuse to serve that person if those efforts are
unsuccessful, and may seek to remove that person.
5.Any child aged two years or less must not wear a Face Covering because of
the risk of suffocation. Also due to risk of suffocation, this Order does not
require that any child aged six years or less wear a Face Covering. Parents
and caregivers must supervise use of Face Coverings by children to avoid
misuse.
6.Wearing a Face Covering is recommended but not required while engaged
in outdoor recreation such as walking, hiking, bicycling, or running. But
each person engaged in such activity must comply with social distancing
requirements including maintaining at least six feet of separation from all
other people to the greatest extent possible. Additionally, it is
recommended that each person engaged in such activity bring a Face
Covering and wear that Face Covering in circumstances where it is difficult
to maintain compliance with Social Distancing Requirements (as defined in
Section 13.k of the SCC Shelter in Place Order), and that they carry the Face
Covering in a readily accessible location, such as around the person's neck
or in a pocket, for such use. Because running or bicycling causes people to
more forcefully expel airborne particles, making the usual minimum 6 feet
distance less adequate, runners and cyclists must take steps to avoid
exposing others to those particles, which include the following measures:
wearing a Face Covering when possible; crossing the street when running
to avoid sidewalks with pedestrians; slowing down and moving to the side
when unable to leave the sidewalk and nearing other people; never spitting;
and avoiding running or cycling directly in front of or behind another
runner or cyclist who is not in the same household.
EMERGENCY ORDER NO. 20-01 Page 6
7.This Order does not require any person to wear a Face Covering while
driving alone, or exclusively with other members of the same family or
household, in a motor vehicle.
8. A Face Covering is also not required by this Order to be worn by a
particular individual if the person can show either: (1) a medical
professional has advised that wearing a Face Covering may pose a risk to
the person wearing the mask for health-related reasons; or (2) 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. A Face Covering should also not be used by anyone who has
trouble breathing or is unconscious, incapacitated, or otherwise unable to
remove the Face Covering without assistance.
9.The intent of this Order is to ensure that all people who are visiting or
working at Essential Businesses and all people who are seeking care at
healthcare facilities or engaged in certain types of public transit or
transportation with others wear a Face Covering to reduce the likelihood
that they may transmit or receive the COVID-19 virus. The intent of this
Order is also to ensure that people who work for or seek services from
entities engaged in Essential Infrastructure work, Minimum Basic
Operations, or Essential Government Functions also wear a Face Covering
when they are in close proximity to others. In so doing, this Order will help
reduce the spread of the COVID-19 virus and mitigate the impact of the
virus on members of the public and on the delivery of critical healthcare
services to those in need. All provisions of this Order must be interpreted
to effectuate this intent.
10.Face coverings are meant to protect the public from the wearer in case the
wearer is infected and not yet displaying symptoms. Face coverings are not
a substitute for other evidence-based measures to prevent the spread of
COVID-19. Face coverings should be used in addition to, but not in place
of, other evidence-based measures such as social distancing, frequent hand
washing practices, avoiding touching the eyes, nose, and mouth; and
avoiding interactions if sick.
11.Violation of this Order shall be punishable through the issuance of
administrative citations, fines, and penalties as set forth in Cupertino
Municipal Code Chapter 1.10. Law enforcement officers of the Santa Clara
County Sheriff's Office are authorized to enforce this Order.
12.If any section, subsection, sentence, clause, or phrase of this Order is for any
reason held to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining portions of this Order.
EMERGENCY ORDER NO. 20-01 Page 7 13.Any capitalized terms in this Order that are defined in the SCC Shelter inPlace Order dated March 31, 2020 shall be automatically updated toincorporate any future revisions to that order without a need to update thisOrder.The Cupertino City Council confirmed this Emergency Order in advance on April 22, 2020. DATED this 23rd day of April, 2020. ATTEST: Kirsten Squarcia, City Clerk By: _________ _ Deborah Feng Director of Emergency Services City of Cupertino