{"id":"MET-CLE-058","kind":"order","level":"city","jurisdiction":"City of Cleveland, Ohio","state":"OH","metro":"CLE","industry":"","agency":"","eco":"","issuer":"Cleveland City Council (by Mayor Jackson and Council Members Griffin, Zone and Kelley)","authority":"Ohio Const. art. XVIII, § 3 (home rule); Cleveland Charter; R.C. 3707 (Cleveland Department of Public Health enforcement of ODH orders, recited)","instrument":"Ordinance No. 556-2020 (emergency ordinance) enacting Codified Ordinances Chapter 602 (Facial Coverings and Social Distancing During the COVID-19 Pandemic), Section 437.30 (Passenger Facial Coverings in Vehicles for Hire), Chapter 236 (Requirements to Implement Dine Safe Ohio Order) and Chapter 238 (Sanitization after COVID-19 Positive Employee)","title":"An emergency ordinance to supplement the Codified Ordinances of Cleveland, Ohio, 1976, by enacting new Sections 602.01 to 602.06 relating to facial coverings and social distancing, Section 437.30, relating to passenger facial coverings in vehicles for hire during the COVID-19 Pandemic, Sections 236.01 to 236.07 relating to the Dine Safe Ohio Order, and Sections 238.01 to 238.05 relating to sanitization after COVID-19 positive employee","dateIssued":"2020-07-15","effective":"2020-07-15 (emergency measure, effective upon passage and approval)","end":"Ch. 236: \u0027upon the termination of the Ohio Director of Health\u0027s Dine Safe Ohio Order dated June 5, 2020... or any amendment, whichever is later\u0027 (June 2, 2021); Ch. 238: tied to the same emergency (see § 238.05)","startDate":"2020-07-15","endDate":"","quarters":["2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["MASK","CAP","EMP","CLOSE","TRAV"],"addressees":["every person in the City of Cleveland","covered businesses (all for-profit, non-profit, educational and non-federal governmental entities other than K-12 schools, jails and prisons)","operators of businesses subject to the Dine Safe Ohio Order (restaurants, bars, banquet and catering facilities)","operators of taxicabs, private car services and ride-share vehicles"],"clause":"Section 602.02... no person in the City of Cleveland shall fail to wear a facial covering at all times when doing any of the following: Being in any indoor location that is not a residence; Being outdoors and unable to consistently maintain a distance of six feet or more from individuals who are not members of their household; or Waiting for, riding, driving, or operating a taxicab or public hack... Section 236.02 No person shall operate a business that is subject to the Dine Safe Ohio Order or any amendments thereto unless the business complies with the following: Requires all employees who interact with the public or other employees to wear a facial covering...; Requires all individuals consuming food or beverage to be seated; Establishes the required maximum dining capacity by using updated COVID-19 compliant floor plans...; Posts at all public entrances the maximum dining capacity... Section 236.03 Any place of business that is operated in violation of the provisions of this chapter is declared to be an emergency nuisance, and an abatement order may be summarily issued... Section 238.02 If any covered business learns that one of its employees tests positive for COVID-19 and that employee was present in the business while symptomatic, that business shall sanitize... before that covered business may be open to the public. No covered business shall open to the public until it completes the sanitization","enforcement":"§ 602.03: warning, then $25 civil penalty per offense (Police, Director of Public Health, Director of Public Safety, Commissioner of Environmental Health); § 437.30: $25 per unmasked passenger; § 236.05: verbal warning, then $1,000 first offense and $3,000 each subsequent offense per separate requirement, plus emergency nuisance abatement (§ 236.03); § 238.03: $1,000 per offense; appeals to the Directors of Public Safety and Public Health","functions":["SF sales floor and every indoor non-residential location (masks)","DR/BA/BQ dining rooms, bars, banquet and catering (seated service, capacity by floor plan, masks, nuisance abatement)","OF offices (masks except when alone in an enclosed space)","EMP employee masking, written justification of exemptions within ten days, sanitization and closure after a symptomatic positive employee","TR/CB vehicles for hire","FC gyms (exemption only for active exercise at six feet)"],"notes":"Recitals: since June 1, 2020 \u0027seven out of the 13 outbreak locations were in bars and entertainment venues\u0027; Cuyahoga County \u0027continues to be categorized, as Level 3 Public Emergency\u0027; the ODH orders \u0027set forth minimum acts.\u0027 Exemptions in § 602.02(c) (under ten years; medical condition; communicating with the hearing-impaired; alone in an enclosed office; active exercise with six feet; permitted athletics; public safety; seated and eating; broadcasting; religious officiant; industry standards or documented safety policies).","sourceUrl":"https://cityofcleveland.legistar1.com/cityofcleveland/attachments/4f40a684-fc93-438c-b01f-b114ba9ef788.docx","snapshot":"","fileExists":true,"fileBytes":252542,"grade":"primary","character":"","description":"","collection":"MET-CLE","url":"/library/MET-CLE-058","exhibitUrl":"/exhibit/MET-CLE-058","citation":"Cleveland City Council (by Mayor Jackson and Council Members Griffin, Zone and Kelley), Ordinance No. 556-2020 (emergency ordinance) enacting Codified Ordinances Chapter 602 (Facial Coverings and Social Distancing During the COVID-19 Pandemic), Section 437.30 (Passenger Facial Coverings in Vehicles for Hire), Chapter 236 (Requirements to Implement Dine Safe Ohio Order) and Chapter 238 (Sanitization after COVID-19 Positive Employee) (July 15, 2020) (Ex. MET-CLE-058)","stateName":"Ohio","related":["MET-CLE-006","MET-CLE-005"]}