SCPD Now Issuing Citations to Help Stop COVID Spread

 Silver City -- With novel Coronavirus cases continuing to climb in Grant County and throughout New Mexico, Silver City Police Chief Freddie Portillo is urging residents to comply with Silver City's mask ordinance, which he and his officers are now proactively enforcing. The ordinance was approved by the town council in August and requires everyone to wear a proper face covering in any public place, indoors or outdoors.

"We always seek compliance and work to educate the public about local ordinances before we start issuing citations," Portillo said. "We know that masks and their proper use help stop the spread of this virus and are critical to protecting public health and safety. We are now issuing citations to people who do not comply with the law."

A proper face covering is defined in the ordinance as "a cloth, fabric or other soft and permeable material (without holes or exhalation valves) that covers both the mouth and nose and includes surgical masks, N-95 respirators, handmade masks and bandanas." Plastic face shields are not allowed under the ordinance.

All persons aged 13 years and older are required to use a mask in public - essentially anywhere they cannot maintain a secure physical distance of at least six feet from other people whom they don't live with. "My children are eight and four, and they wear masks when we're out in public. Why take that chance?" Portillo asked.

Portillo said there has been some confusion about mask requirements, especially when playing and exercising outdoors. People who live together are not required to wear masks if they are walking together or exercising, if they are able to stay at least six feet away from another person. So, for instance, members of the same household walking together on Boston Hill are not required to wear masks if no one else is nearby, but they must put on a mask if they encounter someone and cannot maintain a six-foot distance.

"In such cases, people need to have a mask on their person and be ready to put it on or they could receive a citation," Portillo explained. The same is true for people using local parks, the track at Fox
Field, basketball courts, pickle ball and tennis courts - any place where people gather outside. A good rule of thumb is that six-feet rule. If there is any question about maintaining that safe distance, then a mask is required. That's also true for people waiting outside a business to go in."

No citations were issued in September, and SCPD handed out more than 500 free masks to help educate the community about the new ordinance, Portillo said. Town officials also partnered with Silver City Mainstreet to create and hang banners throughout the downtown area, reminding residents and visitors of the public mask requirement. Complaints of people not using masks increased to 24 in October, up from just four in September, and 14 citations have been issued to date, all from three proactive enforcement operations conducted by SCPD. No citations have yet been issued this month.

The maximum fine for a violation of the town's mask ordinance is $100, but belligerent offenders also risk being cited for resisting, evading or obstructing an officer giving a lawful command, Portillo cautioned. And if a person is asked to leave a business because they refuse to properly wear a mask and they don't leave, they may also be arrested for trespassing. "Again, we try very hard to avoid confrontations, but ultimately there are only so many warnings an officer can give."

Persons with medical issues, especially respiratory problems who cannot comply with the mask ordinance, are encouraged to carry documentation from their medical provider.

"We're doing our best to stop the spread, and Silver City compliance has been great," Portillo continued. We're asking everyone to do their part because we've had a total of 31 service calls related to COVID since April, and those calls take officers away from handling other calls and patrols. Lack of compliance puts unnecessary pressure on our limited staff, and that means less service for everyone."

To read the Town's mask ordinance (No. 1293) please visit the Town of Silver City webpage at townofsilvercity.org. For more information, call the Silver City Police Department at (575) 538-3723.