Jul 06, 2020

Proposed face mask ordinance will go to the Manhattan City Commission Tuesday evening

Posted Jul 06, 2020 10:42 PM

  An ordinance requiring masks or other face coverings in the City of Manhattan is on the City Commission meeting agenda for Tuesday evening.. If the Commission adopts the resolution extending emergency powers, the ordinance will require only one reading and could go into effect as soon as it is approved and published in the Manhattan Mercury.

At Tuesday’s meeting, Commissioners could choose to adopt the ordinance, decline to adopt the ordinance, modify it, or table the item.

The meeting will be held virtually and can be watched on Cox Cable channel 3, on the City of Manhattan website www.cityofmhk.com , or on the City of Manhattan Facebook page /Cityofmanhattan.

To submit written public comment about the mask ordinance or other items on the July 7 agenda, fill out the online form on the City of Manhattan website by 5:00 p.m. on Tuesday.

The proposed ordinance was modeled after Governor Kelly’s Executive Order 20-52 relating to masks or other face coverings.  

A violation of the new City Code provision would be an infraction. Both the Riley County and KSU Police Departments can enforce violations, which would be prosecuted in the Manhattan Municipal Court.

Law enforcement has the discretion to determine their enforcement policies and practices. An individual can be cited for failing to wear a mask when required, and the person responsible for a business/organization can be cited for failing to require employees or customers to wear a mask when required.

The proposed ordinance includes a $5 fine for the first offense, a $10 fine for the second offense, and a $20 fine for a third or subsequent offense. The penalty provision does not include the possibility of jail time. In addition to the fine, Charter Ordinance No. 59 requires state and local court costs and fees of $98 to be assessed for this offense. The fine and $74.50 of the court costs can be worked off through community service, at the State of Kansas rate of $6/hour.

If the proposed ordinance is approved, information will be posted on the City of Manhattan website.