The COVID Project
The record
- Jurisdiction
- City of Cleveland, Ohio · Cleveland · Ohio
- Level
- City
- Authority
- Ohio Const. art. XVIII, § 3 (home rule); Cleveland Charter; R.C. 3707 (Cleveland Department of Public Health enforcement of ODH orders, recited)
- Issued
- 2020-07-15 July 15, 2020
- Effective
- 2020-07-15 (emergency measure, effective upon passage and approval) (read as 2020-07-15)
- End
- Ch. 236: 'upon the termination of the Ohio Director of Health's Dine Safe Ohio Order dated June 5, 2020... or any amendment, whichever is later' (June 2, 2021); Ch. 238: tied to the same emergency (see § 238.05)
- In force
- July 15, 2020 (no end date recorded; counted as in force for 120 days)
- Quarters
- 2020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
- Addressees
- every person in the City of Cleveland
- covered businesses (all for-profit, non-profit, educational and non-federal governmental entities other than K-12 schools, jails and prisons)
- operators of businesses subject to the Dine Safe Ohio Order (restaurants, bars, banquet and catering facilities)
- operators of taxicabs, private car services and ride-share vehicles
- Functions reached
- SF sales floor and every indoor non-residential location (masks)
- DR/BA/BQ dining rooms, bars, banquet and catering (seated service, capacity by floor plan, masks, nuisance abatement)
- OF offices (masks except when alone in an enclosed space)
- EMP employee masking, written justification of exemptions within ten days, sanitization and closure after a symptomatic positive employee
- TR/CB vehicles for hire
- FC gyms (exemption only for active exercise at six feet)
- Collection
- Cleveland MET-CLE
Operative words
Section 602.02... no person in the City of Cleveland shall fail to wear a facial covering at all times when doing any of the following: Being in any indoor location that is not a residence; Being outdoors and unable to consistently maintain a distance of six feet or more from individuals who are not members of their household; or Waiting for, riding, driving, or operating a taxicab or public hack... Section 236.02 No person shall operate a business that is subject to the Dine Safe Ohio Order or any amendments thereto unless the business complies with the following: Requires all employees who interact with the public or other employees to wear a facial covering...; Requires all individuals consuming food or beverage to be seated; Establishes the required maximum dining capacity by using updated COVID-19 compliant floor plans...; Posts at all public entrances the maximum dining capacity... Section 236.03 Any place of business that is operated in violation of the provisions of this chapter is declared to be an emergency nuisance, and an abatement order may be summarily issued... Section 238.02 If any covered business learns that one of its employees tests positive for COVID-19 and that employee was present in the business while symptomatic, that business shall sanitize... before that covered business may be open to the public. No covered business shall open to the public until it completes the sanitization
Enforcement
§ 602.03: warning, then $25 civil penalty per offense (Police, Director of Public Health, Director of Public Safety, Commissioner of Environmental Health); § 437.30: $25 per unmasked passenger; § 236.05: verbal warning, then $1,000 first offense and $3,000 each subsequent offense per separate requirement, plus emergency nuisance abatement (§ 236.03); § 238.03: $1,000 per offense; appeals to the Directors of Public Safety and Public Health
Notes
Recitals: since June 1, 2020 'seven out of the 13 outbreak locations were in bars and entertainment venues'; Cuyahoga County 'continues to be categorized, as Level 3 Public Emergency'; the ODH orders 'set forth minimum acts.' Exemptions in § 602.02(c) (under ten years; medical condition; communicating with the hearing-impaired; alone in an enclosed office; active exercise with six feet; permitted athletics; public safety; seated and eating; broadcasting; religious officiant; industry standards or documented safety policies).
Retrieval noteLegistar: introduced July 11, 2020; passed and enacted July 15, 2020 (Matter 556-2020, status Passed).