Board of Aldermen 5-21-2020 Page 17
President Wilshire
The motion before us is for final passage. Is there further discussion on the motion?
Alderman Clemons
Yes President Wilshire?
President Wilshire
Alderman Clemons.
Alderman Clemons
Thank you. | have a question through you to Corporation Counsel. Can you clarify what the penalty is for
this Ordinance if it was to pass the way it is written tonight?
Attorney Bolton
A court could impose a maximum of a $1,000.00 fine. That is true for any violation of our Code of
Ordinances, unless some other lesser fine is particularly established.
Alderman Clemons
So to be clear, no one could be arrested for this?
Attorney Bolton
A violation subjects someone to arrest it does not subject them to a jail sentence. Presumably, if they were
arrested, they wouldn’t have to be arrested, they could be summonsed, but if arrested, presumably they
would get reasonable bail and be ordered to appear in Court. My expectation is if there is a violation for
mere failure to have a proper face covering, no one is going to be arrested for that. It would be where
some further offense took place, failure to leave the premises when directed to do so, could constitute a
criminal trespass. If the Police attempted to remove someone from a place where they weren’t authorized
to be because they weren’t wearing a mask, you get an additional to criminal trespass, you very often see
where the person resists arrest, perhaps assaults an officer, perhaps gets loud and belligerent to the
disturbance of others and you get a breach of the peace complaint at the same time.
It would shock me entirely if someone was arrested merely for the face covering violation and it would
shock me entirely, if someone on a first offense and only offense were fined $1,000.00. As | said a jail
sentence is not available for an Ordinance Violation.
Alderman Clemons
OK thank you. Madam President if | could continue?
President Wilshire
Alderman Clemons?
Alderman Clemons
My problem with the way that this is written right now is that there is no warning mechanism, there’s no, it is
basically up to the discretion of the Court, you know, up to what they are going to put the fine at. So my,
