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Ex. NE-072 Order Primary source read

Emergency Ordinance No. 42309

Prevention of COVID-19 (face coverings required indoors in premises open to the general public)

Omaha City Council (7-0), approved by Mayor Jean Stothert · City of Omaha (City)

The COVID Project

The record

Jurisdiction
City of Omaha · Nebraska
Level
City
Authority
Home Rule Charter of the City of Omaha § 2.13 (emergency ordinance); Omaha Municipal Code ch. 12, art. III, §§ 12-41 to 12-51
Issued
2020-08-11 Aug. 11, 2020
Effective
2020-08-11 (immediately upon passage) (read as 2020-08-11)
End
2020-09-15 11:59 p.m. as passed; extended by Ord. 42310 to Oct. 20, 2020, by ordinance of Oct. 2020 to Feb. 23, 2021, and by Ord. 42435 to 11:59 p.m. May 25, 2021 (read as 2021-06-30)
In force
Aug. 11, 2020 to June 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitation types
Face-covering requirementWorkplace rules
Addressees
  • all individuals age five and older
  • every individual or entity maintaining premises open to the general public, 'including entities that employ or engage workers, including private-sector entities, public-sector entities, non-profit entities, regular commercial or business establishments, private clubs, religious centers or buildings, public transportation... educational institutions and daycare facilities'
Functions reached
  • SF sales floors
  • DR
  • SL
  • FC
  • WS religious centers
  • IN educational institutions and daycare
  • OP offices open to the public
  • CB
Collection
Nebraska NE

Operative words

Sec. 12-43. All individuals age five (5) and older shall wear a face covering over their mouth and nose while indoors in a premises that is open to the general public including, but not limited to, educational institutions... Sec. 12-44. Any individual or entity which maintains premises that are open to the general public... shall require all individuals age five (5) and older to wear a face covering over their mouth and nose while indoors in said premises... Sec. 12-45.... must post one or more signs... Sec. 12-47. Any individual or entity which maintains premises that are open to the general public who fails to comply with the requirements of Section 12-44 above is hereby declared to be a nuisance and a danger to the public health, safety, and welfare.

Enforcement

Sec. 12-49: 'Any individual or person who is found to have violated any of the provisions of this Article shall be guilty of a misdemeanor for each offense and shall be subjected to a fine of up to $100.00. Each instance of violation of this Article may be considered a separate offense.' Sec. 12-50: the City Attorney may seek injunctive relief and abatement.

Notes

Exceptions (Sec. 12-46) for courts, public utilities and government operations, medical facilities, congregate living, shelters, airport travel, persons alone in an office or cubicle, exercisers with six feet, religious officiants, public-safety workers; recital: 'the closing of numerous city and private facilities'; agenda copy as introduced carried an Oct. 12, 2020 sunset, amended on passage to Sept. 15, 2020 (see Ord. 42310's struck text 'September 15')

Retrieval note

Scanned agenda copy (introduced version, approved as to form Aug. 6, 2020); OCR read and sunset page read from the image; adoption date and vote from Husch Blackwell and the Omaha Daily Record.