Council sets emergency meeting Tuesday morning to vote on ordinance requiring masks in public

Whitefish City Council will meet in a special session on Tuesday, July 14 to consider an emergency ordinance requiring the use of masks in public spaces to prevent the spread of COVID-19.

Mayor John Muhlfeld has called the meeting that begins at 10 a.m. at City Hall and includes a public hearing on the ordinance prior to the vote.

Flathead County on Monday added nine new confirmed cases of COVID-19 bringing the county’s total confirmed cases to 75. There are 25 active cases in the county.

Just last week City Council unanimously approved a resolution “strongly encouraging” people to wear face masks when outside the home. While the resolution did not require the use of face coverings, the measure did say that if the city found the guidelines weren’t being followed it may consider passing an ordinance requiring masks with penalties for those who don’t follow the rules.

The proposed emergency ordinance says that face coverings would be required in businesses and in public outdoor spaces. If approved, the ordinance would take effect at 12:01 a.m. on Wednesday, July 15 and would remain in effect for one month unless repealed sooner and it could be extended.

It says that business have the duty to enforce the ordinance by requiring employees, contractors, volunteers, customers and visitors to wear a covering in areas open to the general public and in places not open to the public if at least 6 feet of social distancing can’t be maintained. The proposed ordinance says that businesses must provide face coverings for employees and post signage notifying customers of the ordinance.

It also says that face masks would be required in outdoor areas where social distancing is not possible and for those participating in organized outdoor gatherings of 20 or more.

Those riding on public transportation as a driver or passenger would also be required to wear a mask.

Those found to be violating the ordinance, could face a fine of up to $300 for the first offense and for each repeat offense could have a fine of up to $500.

In addition, any business that’s found to be in violation of the ordinance could also face the suspension or revocation of its business license.

Face masks would not be required for children under the age of 6, those who can’t wear a mask due to an existing condition or those who it would interfere with breathing, those who can’t perform the duties of their profession while wearing a mask, individuals who do not have contact with the public and can maintain social distancing with other employees, and individuals who are seated at a restaurant or bar while eating and drinking. It would not apply to individuals actively exercising or swimming.

In addition, masks would not be required for individuals visiting the dentist, or those receiving a haircut or facial.

Whitefish has already seen a great deal of comment from both sides of the issue. Prior to passing its resolution encouraging the wearing of face masks, Council received more than 500 emails and heard more than an hour of public testimony before its passage.

Those who sent in comments were largely in favor of wearing masks, while those who attended the meeting in person were strongly opposed to any requirement for wearing masks.

An emergency ordinance requires a two-thirds vote of the whole Council for passage.

The city says it is encouraging public comment on the emergency ordinance to be emailed to City Clerk, Michelle Howke, at mhowke@cityofwhitefish.org by 9:30 a.m. on Tuesday.

A copy of the proposed ordinance may be obtained by contacting the City Attorney, Angela Jacobs, at 406-863-2444 or ajacobs@cityofwhitefish.org.

The Montana Coronavirus Task Force on Monday reported the state had a total of 1,843 positive cases with 936 active cases. More than 118,000 tests have been completed.

The Flathead City-County Health Department continues to remind people to, wear a cloth face covering when in public, socially distance and stay at least 6 feet apart from non-household members, wash hands frequently with soap and water or use hand sanitizer, and stay at home if you are sick.