Split Bend councilors set fines of up to $500 for COVID-19 mask violators
(Adding video, comments by deputy chief, mayor; city news release)
BEND, Ore. (KTVZ) -- Bend city councilors met virtually once again Thursday to dive into the details of how to best enforce Gov. Kate Brown's mask-wearing requirements and curb the spread of COVID-19, deciding on a 4-3 vote to set civil fines of up to $500 for three-time offenders.
They voted to adopt the Oregon Health Authorities mask guidelines and to set penalties of a $100 fine for the first infraction, $200 for the second and $500 for third. They will be in effect until the mask order is lifted or until the area enters relaxed Phase 3 guidelines, whichever comes.
With cases on the rise in Deschutes County, where 18 were reported Thursday alone, Mayor Sally Russell and a majority of councilors said they saw a need to transition from primarily education to requirements.
Enforcement expectations were the primary area of concern, as council members said it should remain complaint driven and focused on "hot spots" that OLCC investigations and citizen complaints point to.
The fact that the state says businesses must "accommodate" those who cite medical reasons for refusing to wear a mask is just one challenging aspect of the situation.
Councilors Chris Piper, Bill Moseley and Justin Livingston opposed the penalties, saying they see it as another catalyst for divisiveness in a time of challenge for all involved.
"We have to have a delicate balance with education and enforcement during this time," Piper said. "We have never dealt with anything like this before so it's important to not make emotional decisions,"
Piper said he understands enforcement is difficult without uniformity, but believes a culture shift is organically taking place, with most people following the guidelines.
He said he fully supports mask requirements, but wants further clarity for business owners before fines start being handed out.
Councilors Bruce Abernethy, Barb Campbell, Gena Goodman-Campbell and Mayor Sally Russell voted in favor of the order.
Russell said, “I would like us to understand this is giving our code enforcement and public safety officers one more tool in the toolbox, when there are situations where people are refusing to put on their face coverings.”
Members also officially ratified a travel advisory issued last week by City Manager Eric King, discouraging non-essential travel through Labor Day.
Councilors spent a great deal of time wrestling with the details, after a briefing by a Deschutes County health official on the current situation
King was also given unanimous direction to work with other agencies to help enforce the restrictions, after some councilors complained of how few river floaters, for example, were following the mask and distancing guidelines.
In another 4-3 vote, councilors also directed city staff to develop other operating rules for lodging providers, such as a 1- or 2-day “down period” between parties, to allow for adequate cleaning, as well as requirements to notify guests of mask and distancing measures, to confirm no positive COVID-19 tests in the past two weeks, adequate PPE for house-cleaning and maintaining a guest log to assist in contact tracing.
Deputy Police Chief Paul Kansky said calls for enforcement really haven't been coming in, to this point.
"Our message is that if that call comes, we are going to come," he said. "If we get the call that someone isn't going to wear a mask in our business and they are refusing to comply, we will be right there."
Russell said after the meeting that the city is trying to help navigate a difficult time and strike a balance while making clear that the safety requirements are as critical now as others enforced by government over the years.
"If you drive too fast on a road, you're going to get a ticket, you know?" she said. "If you drink too much alcohol and you're impaired, you know you're going to get a DUI. I mean, it's about taking care of the rest of the community, and making sure they're safe because you maybe in this moment had a lapse in judgement.
City of Bend news release:
Bend City Council Takes Local COVID-19 Actions
To help limit the spread of COVID-19 in Bend, the City Council took actions at a special meeting Thursday morning that allowed local enforcement of the July 15, 2020 statewide guidance on masks, face shields and face coverings, directed staff to develop operational regulations for lodging facilities, and requested that City staff work with other agencies for help with education and enforcement of the state’s guidelines.
Councilors voted 4-3 to allow Bend Police or Code Enforcement to enforce statewide guidance about face coverings as civil infractions. The goal would be to continue with education and voluntary compliance, but City Police or Code Enforcement could issue fines of $100 for first violations, $250 for the second and $500 for the third violation, supplementing the state orders. The order would be in place until the state's face coverings order is lifted or until Deschutes County enters Phase 3 of the Governor’s reopening plan.
“This is giving Code Enforcement and Public Safety officers one more tool in the toolbox when people refuse to wear face coverings and other people’s health and safety is threatened,” said Mayor Sally Russell.
The intention is that the enforcement, like most City Code Enforcement, is primarily complaint-driven. But Councilors agreed to allow enforcement to address “hot spots” of problematic areas, such as popular river access points.
Councilors then directed the City Manager to work with the Bend Park and Recreation District and other agencies to have them support education and enforcement of the state's COVID-19 safety guidelines.
Councilors voted 4-3 to have staff develop operational regulations on transient lodging facilities such as hotels and short term rentals, to protect public health. Regulations could include things such as requiring a “down period” of time between parties, (such as 24 or 48 hours), requirements to notify guests of mask and social distancing measures, confirmation of no positive COVID-19 tests within 14 days or persons with symptoms, adequate personal protective equipment (PPE) for housecleaning employees, maintenance of guest logs for contact tracing, and more. At an August meeting, City Council will ratify the regulations, which will be developed as an administrative order.
The Council on Thursday ratified an administrative order from the City Manager that discourages travel to Bend through Labor Day. (Read more here. Here is the order.) However, Councilors did not pursue any potential quarantine requirements at this time, citing recent comments from Oregon Governor Kate Brown about potential additional statewide travel restrictions in the future.
“We understand the concern and fear in our community surrounding this pandemic, and the Council is working to balance different needs during this challenging time. Our community is struggling to stay safe and healthy, and I believe the actions we’ve taken today will help,” said Russell.
Council intended to have a conversation about a “last call” or early closure of bars on its Thursday meeting agenda, but Governor Kate Brown on Wednesday preempted that when she announced new statewide requirements for closing restaurants and bars earlier and wearing face coverings. Here's the Governor's announcement. New statewide guidance effective July 24 requires restaurants and bars statewide to stop serving customers by 10 p.m., regardless of phase of reopening. State requirements can be found at www.coronavirus.oregon.gov .
