Patton Township is considering a masking ordinance. What to know before risking a $300 fine
Update: The Patton Township Board of Supervisors passed the ordinance unanimously on Wednesday. However, the fine was lowered to $100.
Those ignoring masking and social distancing guidelines could face steep fines as the Patton Township Board of Supervisors considers a temporary ordinance that would enforce health and safety restrictions within the community.
Much like the ordinance recently passed by the State College Borough Council, this would require a mask when in public, forbid long lines and cap gatherings in residences at 10 people. Those not following the ordinance could face a $300 fine from township police, health officials or other enforcement officers.
The drafted ordinance also resembles and reinforces the July order from Pennsylvania Gov. Tom Wolf and Secretary of Health Dr. Rachel Levine that expanded masking guidelines.
Unlike the masking resolution Patton Township adopted in July, the ordinance would be backed and enforced by law. Any person or business found to be in violation of the mandatory provisions risks a fine of $300 and will be billed for continued violations. Repeat offenses will be declared a “public nuisance,” the ordinance states.
Centre County government and the Bellefonte Borough unanimously passed masking resolutions that endorsed the state order, but State College has been the only municipal body to implement an ordinance due to its home rule charter status.
Under Sections 607 and 1506 of the Second Class Township Code, the Board of Supervisors has the duty and power to ensure and maintain the health and safety of township residents, Patton Township Manager Doug Erickson said in an email statement.
Pennsylvania Code Title 35, Emergency Management, Section 7503, also permits a municipality to adopt precautionary measures to help mitigate the anticipated effects of disaster and to enforce rules and orders.
Wolf’s press secretary, Lyndsay Kensinger, told the CDT in July that the expanded state order, backed by the state Disease Control and Prevention Act of 1955 and the Administrative Code of 1929, has the force and effect of law — meaning local police departments have the authority to carry out the order in public spaces.
These were the same statutory sections used for the March business closure.
Township residents and visitors will be required to wear a face covering inside stores and medical facilities, all municipal and governmental buildings, on all forms of public transportation and ride share programs, and while waiting outside of an establishment.
Gatherings at public parks or on township property are limited to no more than 25 attendees, and lines may consist of no more than 10 people.
Though the ordinance includes mandatory masking in most public places, there are a few exceptions, including when in a private vehicle, home or office if social distance cannot be maintained, when engaging in physical activities with 10 people or less and when with family members or those of the same household.
The supervisors are scheduled to discuss the proposed ordinance Wednesday at 5 p.m. If approved, the ordinance will take effect immediately and remain in place until the Department of Health and Centre Region Council of Governments rescind their emergency declarations or on Jan. 31 — whichever date comes first.
Comments and questions about the proposed ordinance may be sent to patton@twp.patton.pa.us.
This story was originally published August 19, 2020 at 6:49 PM.
