REGULATIONS REQUIRING FACE COVERINGS IN MARICOPA COUNTY.PDF

STATE OF ARIZONA 
COUNTY OF MARICOPA 
REGULATIONS REQUIRING FACE COVERINGS IN MARICOPA COUNTY 
WHEREAS, on March 11, 2020, the Governor of the State of Arizona issued a Declaration of 
Public Health Emergency due to the necessity to prepare for, prevent, respond to, and mitigate 
the spread of COVID-19; and 
WHEREAS, COVID-19, a respiratory disease that can result in serious illness or death, is caused 
by the SARS-CoV-2 virus, which is a new strain of coronavirus that had not been previously 
identified in humans and can spread from person to person; and 
WHEREAS, the current scientific understanding of this virus from the U.S. Centers for Disease 
Control and Prevention indicates that it spreads mainly from person to person, mainly through 
respiratory droplets produced when an infected person talks, coughs, or sneezes; and 
WHEREAS, these respiratory droplets can land in the mouths or noses of nearby people or can 
possibly be inhaled into the lungs; and 
WHEREAS, spread is more likely when people are in close contact with one another (within 6 
feet); and 
WHEREAS, data show that 25,945 cases of COVID-19 already exist in Maricopa County, and 
the effects of person-to-person transmission throughout Maricopa County have impacted the life 
and health of the people of Maricopa County, as well as our economy, and is a public health 
incident that affects life, health, property or the public peace; and 
WHEREAS, data show that 585 deaths from COVID-19 have already occurred in Maricopa 
County; and 
WHEREAS, Maricopa County is seeing an increase in the rate of new cases: on June 1, 2020, 
data showed a daily change of 137 cases and 1 death in Maricopa County; on June 19, 2020, data 
showed a daily change of 2,055 new cases and 16 deaths in Maricopa County and 
WHEREAS, currently there is no vaccine, treatment, or cure for COVID-19; and 
WHEREAS, studies have found that mandated face coverings significantly reduce the number of 
infections, see, e.g., C. Raina MacIntyre & Abrar Ahmad Chughtai, A rapid systematic review of 
the efficacy offace masks and respirators against coronaviruses and other respiratory

transmissible viruses for the community, healthcare workers and sick patients, 108 Int'l J. 
Nursing Stud. (Aug. 2020), https://doi.org/10.1016/j.ijnurstu.2020.103629;  and 
WHEREAS, pursuant to Executive Order No. 2020-40, the Governor of the State of Arizona 
authorized a county, city, or town, based on conditions in its jurisdiction, to adopt policies 
regarding the wearing of face coverings in public for the purpose of mitigating the spread of 
COVID-19; and 
WHEREAS, Maricopa County has authority to promulgate county-wide regulations to mitigate 
the spread of infectious disease for the protection and preservation of public health pursuant to 
A.R.S. § 26-307 and consistent with Maricopa County Health Department v. Harmon, 156 Ariz. 
161 (1987); 
NOW, THEREFORE, IT IS HEREBY ORDERED that, as a result of the aforementioned 
conditions, it is the policy of Maricopa County that all persons within Maricopa County shall 
wear face coverings in compliance with the following regulations: 
I.Definitions 
A. 	
"Face Covering" means a covering that fully covers a person's nose and mouth. 
The term "Face Covering" includes, but is not limited to, cloth face masks, 
surgical masks, towels, scarves, and bandanas. 
i. 	
A "Face Covering" is not a Medical-Grade Mask or a Valve Mask. 
a. 
A "Medical-Grade Mask" means an N95, KN95, or other mask 
that would be appropriate for a health care setting. 
b. 
A Valve Mask is a mask or other face-covering that incorporates a 
one-way valve. Typically, a one-way valve is a raised plastic 
cylinder about the size of a quarter on the front or side of the mask 
designed to facilitate easy exhaling. 
A "Face Covering" shall fit snuggly on a person's face but allow the 
person to breathe easily. A Face Covering shall be worn consistent with 
the guidance provided by the U.S. Centers for Disease Control and 
Prevention. 
B. 	
"Home" has its natural meaning, as a person's residence, to include the dwelling 
structure and all property legally associated with the dwelling structure. 
C. 	
"Patron" means a customer or other person who visits a Place of Public 
Accommodation who is not a staff member of the Place of Public 
Accommodation. 
D. 	
"Physical distancing" means keeping 6 feet of distance between persons who are 
not in the same household.

E. 
"Place of Public Accommodation" means facilities, buildings, establishments, 
accommodations, services, commodities, or uses offered to or for use by the 
general public in Maricopa County, including public places where food or 
beverages are offered for sale, public places operated for temporary lodging, use 
or accommodation of those seeking health or recreation and all establishments 
offering goods or facilities, communal outdoor spaces such as sidewalks, trails, 
and parks, and entities soliciting patronage from the general public. 
F. 
"Public Transportation" means shared-ride surface transportation services that are 
open to the general public, including without limitation, taxi services, ride-sharing 
services, car services, and transit services provided by any political subdivision or 
regional public transportation authority, including buses and light rail service. 
Use of Face Coverings 
A. 
Effective as of 12:00 a.m. on June 20, 2020, all persons in Maricopa County who 
do not qualify for an exemption described in Section III of these regulations must 
wear a Face Covering under the following circumstances: 
i. 	
All riders and operators on any Public Transportation are required to wear 
Face Coverings (excluding any operator in a separate compartment that is 
off-limits to riders); 
All patrons age six and over required to wear Face Coverings while inside 
the enclosed area of any Place of Public Accommodation; 
Adult patrons accompanying children aged two through five shall use 
reasonable efforts to cause those children to wear Face Coverings while 
inside the enclosed area of any Place of Public Accommodation; and 
iv. 	
All Places of Public Accommodation shall require staff members to wear, 
and those staff members shall wear, Face Coverings while working in 
areas open to the general public and areas in which interactions with other 
staff members are likely. 
B. 
Wearing a Medical-Grade Mask satisfies any requirement in section ILA to wear 
a Face Covering. But all persons in Maricopa County are urged to reserve 
Medical-Grade Masks for use by health care workers and first responders. 
C. 
Wearing a Valve Mask does not satisfy these regulations. 
III. 	
Categorical Exemptions 
A. 	
These regulations do not apply to persons in Homes.

B. 	
Exemptions are also applicable under the following circumstances: 
i. 	
For persons who fall into the U.S. Centers for Disease Control and 
Prevention's guidance for those who should not wear Face Coverings due 
to a medical or mental health condition or developmental disability; 
For children under 2 years old; 
For restaurant patrons while they are eating or drinking; 
iv. 
For persons exercising in communal outdoor spaces, or persons walking or 
exercising with other persons from the same household in communal 
outdoor spaces, as long as Physical Distancing is maintained. For persons 
congregating in communal outdoor spaces with other persons not in their 
same household, Face Coverings are required when Physical Distancing is 
not maintained; 
v. 
In settings where it is not practical or feasible to wear a Face Covering, 
including when obtaining or rendering goods or services, such dental 
services, medical treatments or while swimming; 
vi. 
For persons in a personal vehicle, personal office, or similarly private 
space where other persons outside of the person's household are not 
present; 
vii. 
For public safety employees and/or emergency responders and/or field 
employees engaged in essential functions, when wearing a Face Covering 
would interfere with or severely limit their ability to carry out their 
essential duties or functions; and 
viii. 
For persons complying with the directions of public safety employees 
and/or emergency responders. 
IV. 	
Territorial Applicability 
A. 
These regulations apply throughout Maricopa County, without regard to whether 
the area is in incorporated or unincorporated Maricopa County. 
B. 
These regulations set minimum standards for Face Coverings. Nothing in these 
regulations prohibits or impedes any city, town, other public entity, or private 
entity from enacting and enforcing more restrictive regulations regarding the use 
of Face Coverings. 
V. 	
Enforcement 
A. 	
A person who declines to wear a Face Covering because of a medical condition 
shall not be required to produce documentation verifying the condition.

?an McCanoll, Clerk of the4 
oard 
B. 
Consistent with the Governor of the State of Arizona's Executive Order No. 
2020-40, enforcement of these regulations shall focus first on educating the public 
on the dangers of community spread and promoting best public health practices to 
achieve the goal of these regulations: mitigating the spread of COVID-19. 
C. 
Any person violating these regulations shall be notified of the provisions of these 
regulations and be given an opportunity to comply prior to any enforcement 
action being taken. 
1. 
A first offense under these regulations shall result in a warning. 
2. 
Further offenses may subject the person violating these regulations to a 
civil penalty of not more than $50. 
VI. 	
Severability 
It is the intent of Maricopa County that if a provision of these regulations or their 
application to any person or circumstance is held invalid or unconstitutional, the 
invalidity or unconstitutionality does not affect other provisions or applications of the 
regulations that can be given effect without the invalid provision or application, and to 
this end the provisions of this regulation are severable. 
IT IS FURTHER PROCLAIMED that Maricopa County encourages cities and towns in 
Maricopa County to adopt regulations at least as restrictive as these regulations; and 
IT IS FURTHER PROCLAIMED AND ORDERED that these regulations shall remain in place 
until further notice of repeal or revision by the Maricopa County Board of Supervisors. 
ADOPTED by the Maricopa County Board of Supervisors, Maricopa County, Arizona, 
this 19th day of Jype, 2020. 
Clint Hickman, Chairman 
Maricopa County Board of Supervisors 
ATTEST:  
Approved as to form: 
.-Pr• z:76 
Deputy County Attorney