Attachment B - Amended Declaration of face coverings Final Draft

City of Phoenix — Formal (2021-05-19)

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Attachment B 
 
 
 
AMENDED DECLARATION OF PHOENIX CITY COUNCIL 
 REGARDING FACE COVERINGS  
 
WHEREAS, on the March 20th, 2020, after due consideration and 
deliberation, the City Council determined to declare a local emergency 
under the authority of Phoenix City Code, section 11-3; and 
WHEREAS, Phoenix City Code, section 11-3 provides that the 
City Council has the power to declare a local emergency and make, 
amend, and rescind regulations necessary for emergency 
management; and  
WHEREAS, on March 11, 2020, the Governor of the State of 
Arizona, Douglas A. Ducey, determined that the COVID-19 outbreak 
presents conditions in Arizona that justified his declaration of a State of 
Emergency; and 
WHEREAS, the City has continued to seek health guidance 
which best serve the residents of the City of Phoenix in responding 
to the evolving pandemic situation; and 
WHEREAS, the Center of Disease Control (CDC) issued updated 
guidance on May 13, 2021 and on May 16, 2021, that fully vaccinated 
people do not need to wear a mask or physically distance in many 
settings, except on public transportation, and for detention facilities and 
homeless shelters; and 
WHEREAS, health officials recommend a majority of the public 
be vaccinated to help control the spread of the virus; and

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NOW, THEREFORE, BE IT DECLARED BY THE COUNCIL OF 
THE CITY OF PHOENIX as follows: 
 
 
SECTION 1.  The City will follow CDC guidance, and therefore 
amends the Declaration of the Phoenix City Council Regarding Face 
Coverings, effective on June 19, 2020, to comply with the May 16, 2021 
CDC guidance for people who are fully vaccinated. The City’s Declaration 
regarding the wearing of face coverings shall hereafter automatically be 
adjusted in accordance with current CDC guidance, as it is issued, regarding 
the wearing of face coverings.  
 
          SECTION 2. The City will continue to follow federal guidance for 
transportation, from the Federal Aviation Administration and U.S. 
Department of Transportation regulations on public transportation, by 
policies and guidelines that the City Manager may issue for the airport, 
buses, and other public transportation. 
 
SECTION 3.  Exceptions for face coverings will continue to be made 
under the following circumstances:   
 for those who fall into the Centers for Disease Control and 
Prevention’s guidance for those who should not wear face 
coverings due to a medical condition, mental health condition, 
developmental disability, or are otherwise covered under the 
Americans with Disabilities Act; or  
 for children under 6 years old; or 
 for people whose religious beliefs prevent them from wearing a 
face covering; or 
 for restaurant patrons while they are dining; or  
 for individuals exercising outdoors or while walking or exercising 
with other people from the same household, if social distancing 
from others who are not your family or household members can be 
maintained; or 
 for engaging in organized group or team sports, exercise, or other 
physical activities where it is not practicable or feasible to wear a 
mask or socially distance; or 
 in settings where it is not practical or feasible to wear a face 
covering, including when obtaining or rendering goods or services, 
such as the receipt of dental services or medical treatments.

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SECTION 4.  The Phoenix City Council has determined that the 
orders and advisories included in this Declaration are necessary to preserve 
the peace and order of the City of Phoenix, and to protect life and property 
and to promote and preserve public safety and welfare.   
 
 
SECTION 5.  Businesses may continue to set policies regarding face 
coverings applicable to their own employees or customers. 
 
 
SECTION 6. The Phoenix City Council orders that enforcement of 
this Declaration shall continue to be administered by education and an 
opportunity for compliance, followed by a warning, and a civil citation, only 
if necessary. 
 
 
SECTION 7.  The City Manager shall provide all necessary 
assistance in executing City Council’s Declaration, and amend policies or 
procedures as needed and to the extent required, within the City Manager’s 
discretion for public buildings, or public City facilities, and City employees.  
 
 
PASSED by the City Council of the City of Phoenix this 19th day of 
May 2021, and effective immediately.  
 
 
 
 
 
 
 
 
 
 
 
 
______________________________ 
 
 
 
 
 
 
Mayor of the City of Phoenix 
 
ATTEST: 
 
 
_________________________  
City Clerk 
 
 
APPROVED AS TO FORM: 
 
 
 
________________________  
City Attorney

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REVIEWED BY: 
 
 
 
________________________  
City Manager