Oro Valley issues Amendment #7 to Emergency Proclamation
Published on June 25, 2020
On June 25, 2020, Oro Valley Mayor Joe Winfield issued Amendment #7 to the Town’s March 17, 2020 Emergency Proclamation. Amendment #7 formally adopts applicable portions of the Pima County Board of Supervisor’s Resolution 2020-49 regarding the wearing of face coverings in public as part of regional efforts to reduce the spread of COVID-19.
“In an effort to provide clear and consistent messaging, I am issuing an amendment to the Town’s Emergency Proclamation to support this measure here in Oro Valley,” said Oro Valley Mayor Joe Winfield. “I encourage Oro Valley residents to remember why it’s necessary to wear a mask. We’re doing this as a community to see a reduction in the spread of COVID-19, to protect our vulnerable populations, and to keep our businesses open. I encourage everyone to heed this guidance from Pima County health officials and mask up. Thank you Oro Valley. Stay strong!”
Similar to the County's resolution, Oro Valley’s proclamation states: the rule is effective immediately and applies to everyone over the age of five. It’s applicable in all public places, which are defined as: “Any place, indoor or outdoor, that is open to the public and includes, but is not limited to, businesses or other establishments where people assemble or members of the general public may enter; offices; public buildings, highways and parks, and public transportation including taxis and ride sharing.”
There are several common sense exceptions for medical and other reasons.
Any establishment open to the public must also require that its employees wear face coverings, and if the establishment is unable to maintain physical distancing, it may ask members of the public to leave if they are not wearing a face covering and or covered by an exception.
While Oro Valley is adopting these measures, the Pima County Health Department will remain the point of contact for violation reporting and complaints. A web page has been set up on the Pima.gov website for the public to report instances of noncompliance by establishments through a Business and Community Reporting Form. The county will not accept anonymous complaints.
The Town of Oro Valley and Pima County have both expressed a desire to focus on education over enforcement. In its press release, the County Board of Supervisors states: “The board discussed at length enforcement of the rule. Education will be the primary response for establishments not requiring their staff and patrons to wear masks. Any further enforcement actions that would involve legal sanctions will require approval of the Board of Supervisors.”
Use 911 only for emergencies, not reporting face covering violations
To report violations, residents should use the Pima County web page for violation reporting or call 520-229-4949. Do not call 911 to report face covering violations or ask questions. This ties up 911 lines and prevents Public Safety Telecommunicators from handling emergencies.
The full text of Amendment #7 to the Mayor Proclamation of Emergency follows.
AMENDMENT #7 TO THE TOWN OF ORO VALLEY MAYORAL PROCLAMATION OF EMERGENCY
WHEREAS, on March 17, 2020 Mayor Joseph C. Winfield issued a Mayoral Proclamation of Emergency arising from the COVID-19 virus and related pandemic; and
WHEREAS, this emergency continues to exist; and
WHEREAS, on June 17, 2020 Governor Ducey issued Executive Order 2020-40 permitting local jurisdictions to require the wearing of face coverings in public; and
WHEREAS, on June 19, 2020, the Pima County Board of Supervisors approved Resolution 2020-49 – attached as Exhibit A hereto – that adopted regulations described as “necessary for the public health and safety of Pima County’s inhabitants, requiring persons to wear face coverings when they are in public places and cannot easily maintain a continuous physical distance of at least six (6) feet from all other persons”; and
WHEREAS, Mayor Joseph C. Winfield has determined that applying Pima County Resolution 2020-49 to the Town of Oro Valley is in the best interests of its citizens and will help ensure continuity in applying face mask requirements in the region; and
WHEREAS, the Pima County Chief Medical Officer and the Director of the Pima County Health Department have agreed – as evidenced by Exhibit B – to aid the Town of Oro Valley in this endeavor by reviewing requested exemptions to the regulations established herein, determining whether or not to grant such, and will enforce said regulations established herein in accordance with the Pima County procedures in place for Resolution 2020-49.
WHEREAS, all other provisions of the Town of Oro Valley Mayoral Proclamation of Emergency and Amendments thereto that are not in conflict with this Amendment #7 will remain in force until the emergency previously declared abates and is withdrawn; and
NOW, THEREFORE, pursuant to A.R.S. § 26-307, A.R.S. § 26-311, and Oro Valley Town Code 2-1- 3, the elements of which are met under the circumstances.
IT IS PROCLAIMED AND ORDERED AS FOLLOWS:
- All deadlines stated in the Town of Oro Valley Mayoral Proclamation of Emergency and Amendments thereto are hereby extended until such time as the Governor of Arizona lifts the current state of emergency, or unless otherwise modified by proclamation; all restrictions as previously proclaimed by Mayor Joseph C. Winfield or enacted by the Town Manager in response to the current COVID-19 emergency shall remain in full force and effect unless superseded by a Gubernatorial measure.
- If any part of Mayor Joseph Winfield’s original March 17, 2020 Proclamation of Emergency and/or any subsequent amendment thereto is found to contradict any of Governor Ducey’s Executive Orders on the COVID-19 matter, only the specific part of the March 17, 2020 Proclamation of Emergency and/or subsequent amendment thereto shall be determined to be preempted and the remainder of the March 17, 2020 Proclamation of Emergency and/or any subsequent amendment thereto shall remain in full force and effect.
- Adoption of the Substantive Provisions in Pima County Resolution 2020-49. The substantive provisions of Pima County Resolution 2020-49 are in Sections 1, 2.a-j, and 3 thereof. Those provisions are proclaimed to apply in their entirety to the Town of Oro Valley.
- Case-By-Case Exemptions: Section 2.k of Pima County Resolution 2020-49 discusses the ability of persons to obtain a case-by-case exemptions for unlisted exemption activities. That provision is proclaimed to apply in its entirety to the Town of Oro Valley. The Pima County Chief Medical Officer and the Director of the Pima County Health Department will – per this provision and Exhibit B – review requested exemptions in the Town of Oro Valley to the regulations established herein and determine whether or not to grant such.
- Complaints, Investigations, Compliance, and Enforcement: Sections 4 and 5 of Pima County Resolution 2020-49 discuss “Complaints and investigations” and “Compliance and enforcement,” respectively. Those provisions are proclaimed to apply in their entirety to the Town of Oro Valley. The Pima County Chief Medical Officer and the Director of the Pima County Health Department will – per this provision and Exhibit B – investigate complaints, promote education and best practices, take enforcement action where appropriate, post information on the www.pima.gov website, and make recommendations as stated in these Sections.
- In accordance with A.R.S. §26-307(8), this proclamation shall be effective when a copy is filed in the office of the Town Clerk. All existing laws and rules in conflict of the same are hereby suspended during the time and to the extent that they conflict.
Dated this 25th day of June, 2020.
Joseph C. Winfield, Mayor Michael Standish, Town Clerk
APPROVED AS TO FORM:
Tobin Sidles, Legal Services Director