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San Mateo County supervisors enact fines for people who refuse to wear masks

Individuals face up to $500 fines and businesses up to $3,000 if they fail repeatedly to meet health orders

Ada Braun wears a mask as she shops at Bianchini's Market in Portola Valley on March 20, 2020. Photo by Sammy Dallal/The Almanac

People may now be fined hundreds of dollars if they refuse to wear a face mask or violate other public health orders related to curbing the spread of the coronavirus.

The San Mateo County Board of Supervisors adopted an urgency ordinance Aug. 4 establishing fines for violations.

Before the ordinance was passed, violators were subject to criminal enforcement, including misdemeanor prosecution or arrest, but now they face civil penalties or fees instead.

Treating such violations as a crime was "not a great tool," said Supervisor Dave Pine in board deliberations Tuesday, Aug. 4, before the ordinance was approved.

"I think this is a great idea," said Supervisor Carole Groom.

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She said that she was concerned about monetary fines and urged the county to be proactive about distributing masks to those who need them. She planned to start a campaign with prizes on social media to showcase photos of people wearing masks, and asked people to tweet photos of themselves wearing masks to @carolesanmateo2.

Supervisor Warren Slocum said he was particularly concerned about ordinance violations in the commercial sector, rather than by individuals, after hearing about a particular business in North Fair Oaks that had live music and drinks where patrons were not wearing masks. "It's not so much that we're sending the mask police out looking for individuals," he said. "I think we have bigger fish to fry to tame the corona."

The civil fees rise if there are repeated violations, according to a county memo. For individuals and non-commercial entities, people would receive an infraction if a law enforcement officer sees the mask order being violated. They would be fined $100 at the first violation, $200 for the second and $500 for any additional violations within a year of the first violation. Infractions could be appealed in writing to a neutral dispute officer, who is designated by Mike Callagy, the county manager and current director of emergency services .

Commercial entities would be cited if an officer sees a violation or receives a credible report of one. They would be fined between $250 and $3,000 per violation depending on the gravity of the health risk, prior warnings, intent to profit from the violation, and whether there are good faith efforts to comply. Citations could be appealed in a written or oral hearing before a neutral dispute officer, and further appealed to a superior court judge.

Several other California counties, such as Contra Costa, Marin, Mendocino, Napa, Yolo counties have also imposed fines for not following the mask mandate and other public health orders, according to the county memo. Santa Cruz County also passed a similar ordinance Aug. 4.

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Kate Bradshaw
   
Kate Bradshaw reports food news and feature stories all over the Peninsula, from south of San Francisco to north of San José. Since she began working with Embarcadero Media in 2015, she's reported on everything from Menlo Park's City Hall politics to Mountain View's education system. She has won awards from the California News Publishers Association for her coverage of local government, elections and land use reporting. Read more >>

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San Mateo County supervisors enact fines for people who refuse to wear masks

Individuals face up to $500 fines and businesses up to $3,000 if they fail repeatedly to meet health orders

by / Almanac

Uploaded: Thu, Aug 6, 2020, 11:47 am
Updated: Fri, Aug 7, 2020, 11:44 am

People may now be fined hundreds of dollars if they refuse to wear a face mask or violate other public health orders related to curbing the spread of the coronavirus.

The San Mateo County Board of Supervisors adopted an urgency ordinance Aug. 4 establishing fines for violations.

Before the ordinance was passed, violators were subject to criminal enforcement, including misdemeanor prosecution or arrest, but now they face civil penalties or fees instead.

Treating such violations as a crime was "not a great tool," said Supervisor Dave Pine in board deliberations Tuesday, Aug. 4, before the ordinance was approved.

"I think this is a great idea," said Supervisor Carole Groom.

She said that she was concerned about monetary fines and urged the county to be proactive about distributing masks to those who need them. She planned to start a campaign with prizes on social media to showcase photos of people wearing masks, and asked people to tweet photos of themselves wearing masks to @carolesanmateo2.

Supervisor Warren Slocum said he was particularly concerned about ordinance violations in the commercial sector, rather than by individuals, after hearing about a particular business in North Fair Oaks that had live music and drinks where patrons were not wearing masks. "It's not so much that we're sending the mask police out looking for individuals," he said. "I think we have bigger fish to fry to tame the corona."

The civil fees rise if there are repeated violations, according to a county memo. For individuals and non-commercial entities, people would receive an infraction if a law enforcement officer sees the mask order being violated. They would be fined $100 at the first violation, $200 for the second and $500 for any additional violations within a year of the first violation. Infractions could be appealed in writing to a neutral dispute officer, who is designated by Mike Callagy, the county manager and current director of emergency services .

Commercial entities would be cited if an officer sees a violation or receives a credible report of one. They would be fined between $250 and $3,000 per violation depending on the gravity of the health risk, prior warnings, intent to profit from the violation, and whether there are good faith efforts to comply. Citations could be appealed in a written or oral hearing before a neutral dispute officer, and further appealed to a superior court judge.

Several other California counties, such as Contra Costa, Marin, Mendocino, Napa, Yolo counties have also imposed fines for not following the mask mandate and other public health orders, according to the county memo. Santa Cruz County also passed a similar ordinance Aug. 4.

Comments

Peter Carpenter
Registered user
Menlo Park: Park Forest
on Aug 7, 2020 at 12:18 pm
Peter Carpenter, Menlo Park: Park Forest
Registered user
on Aug 7, 2020 at 12:18 pm

Thank you Supervisors.

This is exactly the kind of local leadership that we need.


Sara T
Registered user
Menlo Park: other
on Aug 7, 2020 at 1:18 pm
Sara T, Menlo Park: other
Registered user
on Aug 7, 2020 at 1:18 pm

This is an excellent move. But will individuals be cited? By whom? I just had lunch on Laurel in San Carlos and was disturbed by the number of pedestrians who did not have masks on. Who will enforce this measure?


Peter Carpenter
Registered user
Menlo Park: Park Forest
on Aug 7, 2020 at 1:22 pm
Peter Carpenter, Menlo Park: Park Forest
Registered user
on Aug 7, 2020 at 1:22 pm

We need every city council, every church leader and every business leader to endorse a Masks for All culture.

Masks save lives.

Masks will allow careful reopening IF we have testing.


Shut Up
Registered user
Portola Valley: Westridge
on Aug 7, 2020 at 7:07 pm
Shut Up, Portola Valley: Westridge
Registered user
on Aug 7, 2020 at 7:07 pm

Karen needs to shut up. If you dont feel safe then you shouldnt be going out period.


Menlo Voter.
Registered user
Menlo Park: other
on Aug 7, 2020 at 8:08 pm
Menlo Voter., Menlo Park: other
Registered user
on Aug 7, 2020 at 8:08 pm

Shut up:

please do.

The fines aren't high enough. People like you show that.


Peter Carpenter
Registered user
Menlo Park: Park Forest
on Aug 7, 2020 at 8:23 pm
Peter Carpenter, Menlo Park: Park Forest
Registered user
on Aug 7, 2020 at 8:23 pm

Shut Up - What an offensive screen name that you have chosen.

Why?

The stated purpose of this Forum is
' to be a thoughtful gathering place for sharing community information and opinion".

How are you contributing to that purpose?


Alice Newton
Registered user
Menlo Park: Suburban Park/Lorelei Manor/Flood Park Triangle
on Aug 7, 2020 at 10:05 pm
Alice Newton, Menlo Park: Suburban Park/Lorelei Manor/Flood Park Triangle
Registered user
on Aug 7, 2020 at 10:05 pm

I think the county needs to provide FREE quality, hopefully washable/reusable, facemasks at every drugstore and grocery store with instructions in the necessary several languages for proper use and washing. Soap and hand sanitizers should also be free at these stores. Perhaps they should be available at gas stations too. These are essential to avoid infection with COVID-19, yet we know many people are short of money and/or can't easily get them.


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