Chapter 161: Wearing of Facial Coverings in the Town of Durham

[HISTORY: Adopted by the Town Council of the Town of Durham through EMERGENCY ORDINANCE Ordinance #2020-11 dated August 3, 2020.  61-day extensions were passed on Sep 21, Nov 16, and Dec 22, 2020].

161-1.  Authority. 

In accordance with Section 3.9 of the Charter of the Town of Durham, the Town of Durham, through the chief of police, shall take immediate action to ensure that persons wear facial coverings under the conditions listed below within the Town of Durham.

1.  Employees of all businesses shall wear a face covering over their mouth and nose when interacting with the public and whenever they are within six feet of a co-worker or a customer. 

2.  Members of the public entering or queued to enter, remaining in, or exiting from any business, including without limitation any outdoor area where business of any sort is conducted, work site, or Town of Durham government building, including the designated polling place at the Oyster River High School while elections are being held, must wear a face covering. The Oyster River Cooperative School District, University of New Hampshire, and State and Federal authorities may have different regulations for their facilities. 

3.  Members of the public entering or queued to enter a restaurant or establishment serving alcoholic beverages for the purpose of picking up food for takeout or any other purpose must wear a face covering. Members of the public dining indoors or outdoors at a restaurant may remove face covering while seated at their table.  Members of the public must wear a face covering when entering, using, or leaving the restroom of a restaurant.

4.   Members of the public utilizing sidewalks and other public ways within the Central Business, Professional Office, Church Hill, and Courthouse zoning districts as defined by the Durham Zoning Ordinance (https://www.ci.durham.nh.us/sites/default/files/fileattachments/planning...), Chapter 175 of the Town Code, must wear a face covering when coming into contact with others and social/physical distancing of at least six feet is not be possible.  [For informational purposes only, these zoning districts generally encompass the following roads:  Main St. from Garrison Ave. to Rt. 108 intersection; Dover Rd./Rt. 108 from Young Dr. to Newmarket Rd./Rt. 108; Newmarket Rd./Rt. 108 from Mill Pond Rd. to Dover Rd./Rt. 108; Schoolhouse Ln., Mill Rd. from Mill Plaza entrance to Main St.; Madbury Rd. from Main St. to Bagdad Rd.; Bagdad Rd. from Madbury Rd. to Dennison Rd.; Garrison Ave.; Strafford Ave. from Garrison Rd. to curve by Adams Tower; Woodman Rd. from Madbury Rd. to Dennison Rd.; Dennison Rd.; Pettee Brook Ln., Mathes Terr.; Rosemary Ln. Cowell Dr. from Madbury Rd. to Sauer Terr.]

5.   Members of the public utilizing public recreational lands are strongly encouraged but not required to wear a face covering over their nose and mouth to the fullest extent practicable and especially where there is a high likelihood of coming into contact with others and social/physical distancing of at least six feet may not be possible.

6.   Residents, visitors, and members of the public entering or present at a residential complex of greater than two (2) units, whether inside or outside, are strongly encouraged but not required to wear a face covering in common areas and communal spaces to the fullest extent practicable and especially when there is a high likelihood of coming into contact with others and social/physical distancing of at least six feet may not be possible. 

7.   As used herein “face covering” means a covering made of cloth, fabric, or other soft or permeable material, including surgical masks, without holes, that covers only the nose, mouth, and surrounding areas of the lower face. A face covering may be factory made or homemade and improvised from ordinary household material. 

8.   Notwithstanding the above this order does not require children under 10 years of age to wear face covering (parents should make their own judgment). Face covering is not recommended for children less than 2 years of age.

9.   A face covering is also not required to be worn by any person if said person can show a medical professional has advised that wearing a face covering may pose a risk to said person for health-related reasons.

10. A person may temporarily remove a face covering when in a business if obtaining a service or product that requires verification of the person’s identity or age.

161-2.  Penalties.

Anyone who violates this ordinance AND refuses to comply with local, county, or state law enforcement officers to meet the requirements outlined herein shall be subject to a fine in the amount of $100 for the first offence, $200 for the second offense, and $500 for the third and subsequent offense, and/or shall be summoned to the Dover District Court.

161-3.  Effective Date

In accordance with Section 3.9 of the Town Charter, this Emergency Ordinance shall be effective upon adoption and shall stand repealed as of the 61st day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance by the Town Council in the manner specified in Section 3.9 of the Charter if the emergency still exists.