Emergency Order Says Manhattan Beach Can Fine Non Mask Wearers

MANHATTAN BEACH, CA — The city manager of Manhattan Beach issued an emergency order yesterday that sets the stage for individuals not wearing a facial covering to be issued "an administrative citation for each violation and assess a fine of $100 for the first violation, $200 for the second violation, and $350 for each subsequent violation.

The order comes after City Council by a 4-1 vote directed the city manager to craft the order to help stop the spread of COVID-19 in Manhattan Beach as cases of coronavirus continue to increase in MB and throughout Los Angeles County.

The order also authorizes the city to "deputize additional persons to issue administrative citations." The city has been reluctant to have its police officers issue citations, though officers have been carrying masks with them to hand out to individuals who don't have a mask. Talk at Tuesday night's council meeting indicated the city may hire outside staff to do its bidding. Moe was quick to point out that the city's code enforcement officers are already busy to capacity. There was discussion of using Community Service Officers, non-sworn staff under the jurisdiction of the police department, however, CSOs do not have training in PC 832 Arrest and Firearms. The Arrest training portion consists a of classroom instruction, covering topics such as Professionalism and Ethics, Criminal Justice System, Search and Seizure, Report Writing, Use of Force and Laws of Arrest. The course also devotes instruction to learning and practicing physical arrest methods including searching, handcuffing, and control holds.

The order says "All persons shall wear a cloth face covering over both the nose and mouthwhenever they leave their place of residence, except for:

• A. Persons younger than two years old;
• B. Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering;
• C. Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication; and
• D. Persons who are swimming or engaged in other water-based activities."

The order also includes a provision for people eating at restaurants: "Persons who are seated at a restaurant or other establishment that offers food or beverage service shall wear a cloth face covering over both the nose and mouth, unless they are eating or drinking."

"The order was effective immediately following the issuance of the City’s Emergency Order," George Gabriel, senior management analyst, told Manhattan Beach Patch. "Every Emergency Order has to be confirmed by the City Council but can be done after the effective date. City Council direction was clear and the City Manager has the ability to issue these orders though his emergency authority."