WHEREAS, if COVID–19 cases continue to increase in the State and in the Town of Lamar, the demand for medical, pharmaceutical, personal, and general cleaning supplies may overwhelm sources of supply; the private and public sector work force may be negatively impacted by absenteeism; and the demand for medical facilities may exceed locally available resources;

WHEREAS, health authorities, including the CDC, the Surgeon General of the United States, and DHEC have recommended the use of face coverings as a means of preventing the spread of COVID-19; and

WHEREAS, S.C. Code § 5-7-250(d) provides that “[t]o meet public emergencies affecting life, health, safety or the property of the people, council may adopt emergency ordinances … by the affirmative vote of at least two-thirds of the members of council present. An emergency ordinance is effective immediately upon its enactment without regard to any reading, public hearing, publication requirements, or public notice requirements. Emergency ordinances shall expire automatically as of the sixty-first day following the date of enactment;”

WHEREAS, the Town Council of the Town of Lamar has determined, based on the recommendations of public health experts and responsive to a serious threat to the public health, safety, and welfare of its citizens, that it would serve the public interest and be within the Town of Lamar’s police powers under Home Rule and S.C. Code § 5-7-60 to require that individuals wear face coverings in certain situations and locations;

WHEREAS, the South Carolina Attorney General, on June 25, 2020, issued a public statement that enacting local mask requirements is within the police power of municipalities and is not preempted by State law;

WHEREAS, this Ordinance has been approved by at least two-thirds of the Councilmembers present at the meeting in which it was considered;

NOW, THEREFORE, be it ordained by the Town Council of the Town of Lamar as follows:

Section 1. Use of Face Coverings. Effective as of 12:01 AM on January 4, 2021:

• all customers are required to wear Face Coverings while inside the enclosed area of any Retail Establishment or Foodservice Establishment;
• all Retail Establishments shall require staff to wear, and those staff shall wear, Face Coverings while working in areas open to the general public and areas in which interactions with other staff are likely in which social distancing of at least six feet cannot be observed; and
• all Foodservice Establishments shall require staff who interact with customers (including, without limitation, delivery personnel) to wear, and those staff shall wear, Face Coverings while working.

Section 2 Exemptions. Face Coverings shall not be required:

1. in outdoor or unenclosed areas appurtenant to Retail Establishments or Foodservice Establishments in which social distancing of at least six feet is possible and observed;
2. for people whose religious beliefs prevent them from wearing a Face Covering;
3. for those who cannot wear a Face Covering due to a medical or behavioral condition;
4. for children under 10 years old.
5. for patrons of Foodservice Establishments while they are dining;
6. in private, individual offices;
7. when complying with directions of law enforcement officers;
8. in settings where it is not practical or feasible to wear a Face Covering, including when obtaining or rendering goods or services such as the receipt of dental services or while swimming.
9. while exclusively with members of a family or the same household, and no person other than such family or household is within the same enclosed area.

Section 3. Individual Violations: Civil Infraction. Any person violating the provisions of this Ordinance by failing to wear a Face Covering when required shall be guilty of a civil infraction, punishable by a penalty of not more than $25 Each day of a continuing violation of this Ordinance shall be considered a separate and distinct offense.

Section 4. Responsible Person Violations: Civil Infraction. Any Responsible Person violating the provisions of this Ordinance by failing to require employees of the Establishment to wear a Face Covering when required shall be guilty of a civil infraction, punishable by a penalty of not more than $100. Each day of a continuing violation of this Ordinance shall be considered a separate and distinct offense.

Section 5. Expiration of Ordinance.

This emergency ordinance has an end date of 60 days (March 4th) unless extended by Town council.