The Champaign-Urbana Public Health Department has issued a COVID-19 Face Coverings and Gathering Restrictions Ordinance to protect the citizens and visitors within Champaign County from contracting SARS-Co V-2 (COVID-19) disease by preventing its transmission, and to promote public health.
Unlike the Illinois Department of Public Health emergency rule, which just applies to businesses and was passed by the Joint Administrative Committee on Administrative Rules, CUPHD’s ordinance applies to all persons, businesses, workplaces and any other organizations within the Champaign-Urbana Public Health District.
The ordinance requires:
- Any individual who is over age two and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering when in a public place and unable to maintain at least a six-foot social distance. This requirement applies whether in an indoor space, such as a store, or in an outdoor space.
- Any business, service, facility or organization open to the public or employees shall require employees, customers, and other individuals on the premises who are over age two and able to medically tolerate a face covering to cover their nose and mouth with a face covering when on premises and unable to maintain at least a six-foot social distance. Businesses, services, facilities or organizations that offer food or beverages for in-person consumption may permit employees, customers, and other individuals to remove their face coverings while eating or drinking, but must require face coverings at all other times. Businesses, services, facilities or organizations that take reasonable efforts to require patrons and employees to wear a face covering shall be in compliance with this subsection. For retail businesses, reasonable efforts to comply with regard to customers shall be determined based on the totality of the circumstances and include, but are not limited to: posting signage requiring face coverings to be worn on the premises; providing face coverings to customers; giving verbal warnings to customers to wear a face covering when on the premises; and requesting that customers leave the premises if not wearing a face covering.
- Schools, including preschools, public and nonpublic schools that serve students in grades pre-kindergarten through grade 12, institutions of higher education, and vocational programs, and daycares, including day care centers, day care homes, and group day care homes licensed by the Department of Children & Family Services (DCFS) and day care centers that are exempt from licensure, shall require students, employees, and other individuals who are over age two and able to medically tolerate a face covering to cover their nose and mouth with a face covering when on premises. Schools and daycares may permit face coverings to be removed while eating or drinking, when individuals are outdoors and social distance is maintained, while playing a musical instrument if necessary, and, for staff, rule using a face shield when necessary to allow for facial visualization during instruction and communication.
- Gatherings of more than 50 people (or gatherings of 50% or more of a building’s maximum occupancy as determined by the authority having jurisdiction, if 50%of a building maximum occupancy is less than 50 people) are prohibited unless exempted by law or Executive Order. Public and nonpublic schools serving pre-kindergarten through 12th grade students must limit the number of people in one space to fifty or fewer.
Per the ordinance, all local boards of health, health authorities and officers, police officers, sheriffs, and all other officers and employees are to enforce the rules and regulations as follows:
First, businesses, services, facilities or organizations will be given a written notice of non-compliance by CUPHD and a reasonable opportunity to take prompt actions to comply.
Second, if the business, service, facility or organization does not voluntarily comply in a reasonable period of time, CUPHD may issue a written order to have all or some of the persons on premises leave.
Third, if the business, service, facility or organization refuses to comply with the written order to disperse persons in the facility, that entity will be subject to a fine ranging from $75 to $2,500 and a class A misdemeanor.
“Enforcement against an individual. Enforcing entities shall not enforce this rule against an individual for non-compliance with subsection (c), including but not limited to the penalties set forth in 20 ILCS 2305/8.1. No individual shall be held re-sponsible for compliance with this rule on behalf of a busi-ness, service, facility or organization even if the individual is an owner, officer, principal or employee of that business, ser-vice, facility or organization. Nothing in this order alters or supersedes an enforcing entity’s authority to seek such penal-ties related to violation of an isolation or quarantine order pursuant to 77 Ill. Adm. Code § 690.1415(b).”
