SCPD Actively Issuing Mask Violations to Help Stop COVID Spread

With Christmas just around the corner and COVID cases still climbing, Silver City police officers will be actively citing people in violation of the town's COVID-19 public mask ordinance, which requires that all persons aged 13 years and older wear a mask in public, indoors or out, anywhere they cannot maintain a distance of at least six feet from other people whom they don't live with. 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 alone are not allowed under the ordinance. Silver City -- With total novel coronavirus cases in Grant County approaching 700 and nine new cases reported this week, Silver City Police Chief Freddie Portillo is once again asking Silver City residents to comply with the town's public mask ordinance, which requires that anyone aged 13 years and older wear a mask or proper face covering in any public place, including while exercising on any of the town's many trails, or in local parks and other recreational facilities.  Face shields alone are not considered proper face coverings under the ordinance.

Silver City police officers will be engaged in a proactive enforcement operation just before Christmas, Portillo said, which means officers will be visiting local retailers to help ensure compliance with the mask ordinance. To date, 16 citations have been issued, Portillo said, and while officers have discretion to cite people or not, the department's overall recommendation is zero tolerance for violations.

"Wearing a mask is vital for protecting public health and safety for everyone, and is the key to helping our community open back up again, which is what we all want," said Chief Portillo. "Local businesses are doing a great job enforcing the ordinance themselves by requiring that people have a mask on in order to enter their establishment, and then continuing enforcement inside.  Let's all help out by doing our part to get past this pandemic as soon as we possibly can."

Portillo added that enforcing the mask ordinance takes officers away from handling other important public safety issues, including operations specifically targeting residential burglaries, vehicle theft and violent crimes, all of which have increased this year. This, compounded by the fact that the department is currently under staffed by three officers, has stretched the department's capacity to the limit. Fortunately a new patrol officer is moving through the hiring process and is expected to join the department soon. 

The town's mask ordinance requires that everyone wear a mask when in public, indoors or outdoors, except if they are alone and exercising, or exercising together as a household. 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 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. This means that people need to have a mask on their person and be ready to put it on to avoid a citation. 

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. 

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

With Christmas and the New Year just around the corner, Portillo and other town officials are also requesting that residents comply with the current New Mexico Department of Health public order and U.S. Centers for Disease Control and Prevention (CDC) recommendations to limit holiday gatherings to household members only. For alternative holiday celebration ideas, please visit www.cdc.gov.  

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.