This afternoon the City of Fresno issued an emergency ordinance that amended Fresno Municipal Code Section 2-514 regarding Fresno’s response to the COVID-19 pandemic. The new ordinance leaves the Municipal Code unchanged but added two significant sections that will affect every business in Fresno. These new rules will be added to Section 2-514 as subsection (l) and (m) respectively, and require the following:
(1) Mandatory Masks for Customers and Employees Inside All Buildings.
Businesses and employers must now require all employees, customers, vendors, and other persons to wear a cloth face covering when:
(a) Entering buildings; and
(b) Interacting with other people, whether inside or outdoors.
Mask Requirements: Face coverings must cover the person’s mouth and nose and must not have an exhaust valve. Reporting Violations: The City has set up a reporting number that anyone can use to anonymously report violations.
Reporting Violations: The City has set up a reporting number that anyone can use to anonymously report violations.
(2) Mandatory Reporting Upon Discovery of a Positive COVID-19 Employee or Customer.
When an employee or customer is confirmed to have COVID-19, the employer must notify all its employees of the COVID-19 exposure within 24 hours of discovering the confirmed case.
(a) The identity of the individual involved or affected by the exposure must be confidential and comply with the Americans with Disability Act (“ADA”) and other relevant privacy laws.
(b) Employers must follow all local, state, and federal public health requirements and recommendations by sanitizing the exposed area and cooperating with contact tracing protocols.
LEGAL CONSEQUENCES FOR VIOLATING THE EMERGENCY ORDINANCE
Violations of the new ordinance are subject to administrative citations. First, the city will warn the non-complying business, then that business is subject to administrative citation of a $1,000 fine that increases to $5,000 for the second offense and $10,000 for any subsequent offenses.
Sagaser, Watkins & Wieland PC will continue to monitor these developments and notify you of any significant changes that occur.