61 Mask Citations Issued Over Five Days on Maui, Enforcement Continues Through Nov. 15

Maui police issued 61 citations over a five day period as part of an ongoing mask enforcement campaign that runs through the middle part of November.

The citations, between Oct. 31 and Nov. 4, included 43 to residents and 18 to visitors.

The Maui Police Department established a Special Task Force that will continue mask enforcement through Nov. 15, 2020.

MPD partner agencies assisting in the campaign include the Department of Land and Natural Resources, County Parks and Recreation Park Enforcement Officers and National Park Service.

Masks or permitted facial coverings are mandatory for anyone over five years old when in public in Maui County, under current rules.

“If there’s any confusion, remember: If you have to ask, wear a mask,” county officials said during a recent press briefing.

County officials say that anyone who refuses to wear a mask is in violation of the County’s Public Health Emergency Rules and may be subject to fines of up to $5,000 and one year in jail.

“They are cited for a violation of the Rules and Orders under 127A-0025/127A-0029.  It is a court citation, there is no monetary listing on the citations. A person who violates the Emergency Proclamation Rules and Orders under the statute can receive a fine up to $5,000 or a year in jail,” said Maui Police Department Lieutenant Audra Sellers, noting that the courts determine and assess the fine.

“The same statute covers any violations of the Rules and Orders, for example stay-at-home, quarantine or masks,” said Lt. Sellers.

“Businesses or designated operations shall refuse to allow entry to anyone not wearing face coverings, unless he or she is covered by an exception. Businesses not enforcing this rule may be subject to enforcement, including fines and mandatory closure. Businesses not enforcing this rule may be subject to enforcement, including fines and mandatory closure,” according to the County of Maui.

Face masks are not required everywhere, such as while eating, drinking or smoking; or when people are engaged in strenuous outdoor physical activity.

“To clarify,” county officials say, “if you’re laying at a beach at a pool, you need to wear your mask.”

The following are the mask guidelines outlined in the Maui County Emergency Rules:

Face covering. Persons must wear a face mask or covering while outside their place of residence (as defined in Rule 1). Persons over the age of 5 years old must wear a face mask or cloth covering the nose and mouth while in all public spaces, including on public or shared transportation, unless specifically provided for otherwise in these rules.

Unless otherwise provided by specific rule, employees must wear face masks or coverings when walking to and from common areas (hallways, bathrooms, stairwells, elevators), but may temporarily remove the face covering when at their desks or work station and not actively engaged with other employees, customers, or visitors, provided that the employee’s desk or workstation is not located in a common or shared area and physical distancing is maintained.

A mask or other facial covering must comply with the recommendations of the CDC, as such recommendations may change from time to time. The current CDC guidelines recommend wearing a mask or facial covering which snugly covers the face and mouth, whether store bought or homemade, which is secured with ties or ear loops, include multiple layers of fabric, allow for breathing without restriction, and which is able to be laundered and machine dried without damage or losing shape. Examples of compliant homemade masks and other facial coverings may be found at: https://www.cdc.gov/coronavirus/2019-ncov/prevent- getting-sick/diy-cloth-face-coverings.html. Persons should not utilize N95 rated masks, as those are critical supplies for health care workers, police, fire, emergency management, or other persons engaged in certain construction-related or life/safety activities. Persons wearing facial coverings should review the CDC and Hawaii Department of Health guidelines regarding safely applying, removing, and cleaning such coverings, which are found at: https://www.cdc.gov/coronavirus/2019-
ncov/prevent-getting-sick/how-to-wear-cloth-face-coverings.html

Masks and other facial coverings shall not be required:

1. at or inside a private residence;
2. inside a private automobile, provided the only occupants are members of the same household or residence;
3. inside a hotel, motel, or commercial lodging establishment guest room, or inside any apartment;
4. of persons who cannot wear a mask or facial covering due to an existing medical condition;
5. of an individual who is hearing impaired or an individual who is communicating with an individual who is hearing impaired;
6. where federal or state safety or health regulations prohibit the wearing of facial coverings;
7. of persons actively engaged in strenuous outdoor physical activity, provided adequate social distancing is both possible and practiced;
8. of persons swimming or engaged in other activities that may cause the facial covering to become wet;
9. while persons are actively eating, drinking, or smoking; and
10. while a person is receiving services that require access to that person’s nose or mouth.

Businesses or designated operations shall refuse to allow entry to persons not wearing face coverings, unless an exception applies under this section. Businesses not enforcing this rule may be subject to enforcement, including fines and mandatory closure.