Public Health Law (2002 Revision)

CAYMAN ISLANDS Public Health Law (2002 Revision) PREVENTION, CONTROL AND SUPPRESSION OF COVID-19 (PARTIAL LIFTING OF RESTRICTIONS) (NO.3) REGULATIONS, 2020 (SL 91 of 2020) Supplement No. 1 published with Legislation Gazette No. 52 dated 18th July, 2020. PUBLISHING DETAILS Page 2 SL 91 of 2020 c Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.3) Regulations, 2020 Arrangement of Regulations CAYMAN ISLANDS Public Health Law (2002 Revision) PREVENTION, CONTROL AND SUPPRESSION OF COVID-19 (PARTIAL LIFTING OF RESTRICTIONS) (NO.3) REGULATIONS, 2020 (SL 91 of 2020) Arrangement of Regulations Regulation Page 1. Citation and commencement .....................................................................................................5 2. Definitions ..................................................................................................................................5 3. Definition of public meetings in Grand Cayman and Cayman Brac .............................................6 4. Public meetings - exemptions in Grand Cayman and Cayman Brac ...........................................6 5. Public places and social distance in Little Cayman ....................................................................7 6. Restaurants and bars in Grand Cayman and Cayman Brac .......................................................7 7. Wearing of masks in the Islands ................................................................................................8 8. Prohibition on holding of public meeting, procession or festive ceremony in Grand Cayman and Cayman Brac ........................................................................................................8 9. Restriction on certain activities and operations in Grand Cayman and Cayman Brac .................9 10. Restriction on visitation in Grand Cayman and Cayman Brac ....................................................9 11. Exercise and contact sports in Grand Cayman ........................................................................ 10 12. Public Transport in Grand Cayman and Cayman Brac ............................................................. 10 13. Scuba diving and snorkelling in Grand Cayman ....................................................................... 10 14. Prohibition on use of hookah, shisha pipes or water pipes ....................................................... 11 15. Repeal of the Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.2) Regulations, 2020..................................................................................... 11 16. Expiry ...................................................................................................................................... 11 c SL 91 of 2020 Page 3 Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.3) Regulations, 2020 Regulation 1 CAYMAN ISLANDS Public Health Law (2002 Revision) PREVENTION, CONTROL AND SUPPRESSION OF COVID-19 (PARTIAL LIFTING OF RESTRICTIONS) (NO.3) REGULATIONS, 2020 (SL 91 of 2020) In exercise of the powers conferred by section 34 of the Public Health Law (2002 Revision) the Cabinet makes the following Regulations — 1. Citation and commencement 1. (1) These Regulations may be cited as the Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.3) Regulations, 2020. (2) These Regulations come into force on 19th July, 2020. 2. Definitions 2. In these Regulations — “festive ceremony” means a ceremony to celebrate a locally recognised religious event or a public general holiday and includes an agricultural show; “public place” means any highway, street, public park or garden, any sea beach and any public bridge, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not; and includes any open space and any premises to which, for the time being, the public have or are permitted to have access, whether on payment or otherwise; c SL 91 of 2020 Page 5 Prevention, Control and Suppression of Covid-19 (Partial Lifting of Regulation 3 Restrictions) (No.3) Regulations, 2020 “virus” means the virus known as Covid-19; and “waters” means the waters of the territorial seas of the Islands. 3. Definition of public meetings in Grand Cayman and Cayman Brac 3. (1) In these Regulations “public meeting” in Grand Cayman and Cayman Brac means a gathering of more than fifty persons in any public place for the purposes of engaging in the activities specified in paragraph (2). (2) The activities to which paragraph (1) relates are as follows — (a) leisure, recreational or spiritual activities including those organised by service clubs, faith-based organisations, community organisations, civic organisations and business organisations. (b) parades and social activities related to such parades, including stage shows and parties; (c) concerts; (d) conventions; (e) conferences; (f) graduations; and (g) fundraisers. (3) For the purposes of the definition of “public meeting”, “person” does not include a person employed to provide the activities specified in the definition of “public meeting”. 4. Public meetings - exemptions in Grand Cayman and Cayman Brac 4. (1) Subject to this regulation, the definition of “public meeting” in regulation 3 does not extend to any activity in the following public places in Grand Cayman and Cayman Brac — (a) establishments, institutions, businesses, organisations and offices, including cinemas and theatres; and (b) any church which can accommodate more than fifty persons. (2) The owner or operator of a public place specified in paragraph (1) shall restrict the number of customers inside the place of business at any one time so that each customer is able to distance himself or herself at least three feet from any other person. (3) Every person who is indoors a public place specified in paragraph (1) shall wear a mask or cloth face covering in accordance with regulation 7. (4) Subject to regulation 10(4), each person in a public place shall maintain a distance of at least three feet from another person. Page 6 SL 91 of 2020 c Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.3) Regulations, 2020 Regulation 5 (5) A person who contravenes paragraph (2) or (4) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 5. Public places and social distance in Little Cayman 5. (1) The owner or operator of a public place in Little Cayman shall restrict the number of customers inside the place of business at any one time so that each customer is able to distance himself or herself at least three feet from any other person. (2) Each person who is indoors a public place shall maintain a distance of at least three feet from another person. (3) Paragraph (2) does not apply to persons who reside at the same household. (4) A person who contravenes paragraph (1) or (2) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 6. Restaurants and bars in Grand Cayman and Cayman Brac 6. (1) Restaurants and bars in Grand Cayman may offer indoor and outdoor services, subject to the following conditions — (a) each table shall be at least six feet apart; (b) persons at a table shall be seated at least three feet apart; (c) servers and front of house staff shall wear masks or cloth face coverings while serving customers; and (d) the restaurant or bar is permitted to operate within the hours of operation permitted by the Liquor Licensing Law (2019 Revision), the Sunday Trading Law (2014 Revision) and the Trade and Business Licensing Law (2019 Revision). (2) Restaurants and bars in Cayman Brac may offer indoor and outdoor services subject to the following conditions — (a) servers and front of house staff shall wear masks or cloth face coverings while serving customers; and (b) the restaurant or bar is permitted to operate within the hours of operation permitted by the Liquor Licensing Law (2019 Revision), the Sunday Trading Law (2014 Revision) and the Trade and Business Licensing Law (2019 Revision). (3) An owner or operator of a restaurant or bar in Grand Cayman or Cayman Brac may permit customers to engage in dancing or karaoke at the restaurant or bar subject to the condition that each person shall maintain a distance of three feet from every other person. c SL 91 of 2020 Page 7 Prevention, Control and Suppression of Covid-19 (Partial Lifting of Regulation 7 Restrictions) (No.3) Regulations, 2020 (4) An owner or operator of a restaurant or bar who contravenes or causes a contravention of paragraph (1), (2) or (3) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 7. Wearing of masks in the Islands 7. (1) Any person over the age of two years old who is indoors a public place and is unable to, or does not maintain a distance of three feet from every other person, shall cover his or her mouth and nose with a mask or cloth face covering, except — (a) where the person is unable to wear a mask or cloth face covering due to a medical condition or the person is otherwise exempted by guidance provided by the Medical Officer of Health; (b) where the person is sitting or eating, without talking, at his or her desk at the person’s place of employment; or (c) where the person is a customer who is indoors a bar or restaurant and is sitting at a table inside of the bar or restaurant. (2) A person who refuses to wear a mask or cloth face covering because of a medical condition shall not be required to produce documentation verifying the condition. (3) Paragraph (1) applies to all employees and customers of businesses and other organisations open to the public. (4) All persons are also required to wear masks or cloth face coverings when providing or using the services of any taxi or ride-sharing, or similar public transport service or while within an enclosed or semi-enclosed waiting area for the transport service. (5) The Medical Officer of Health shall issue written guidance to implement the provisions of this regulation, which shall include guidance for the use of masks or cloth face coverings by children between the ages of two and ten years old. (6) The guidance under paragraph (5) shall be published in the Gazette, in any other official Government website or official means of communication. (7) Where a customer refuses to wear a mask or cloth face covering for non-medical reasons, the owner or operator of a public place may refuse entry to the person. (8) This regulation applies to all of the Islands. 8. Prohibition on holding of public meeting, procession or festive ceremony in Grand Cayman and Cayman Brac 8. (1) Subject to regulation 3(1), for the purposes of preventing, controlling and suppressing the spread of the virus, no person shall hold any public meeting, procession or festive ceremony in Grand Cayman or Cayman Brac until further notice or until such date as the Cabinet may by notice specify. Page 8 SL 91 of 2020 c Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.3) Regulations, 2020 Regulation 9 (2) A notice under paragraph (1) shall be published in the Gazette, in any other official Government website or official means of communication. (3) A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 9. Restriction on certain activities and operations in Grand Cayman and Cayman Brac 9. (1) For the purposes of preventing, controlling and suppressing the spread of the virus in Grand Cayman and Cayman Brac, no person shall — (a) host or attend a wedding which hosts more than fifty persons other than the bride, bridegroom, official witnesses and the marriage officer; or (b) host or attend a funeral where there are more than fifty persons other than six pallbearers, at least one officiant and essential mortuary staff. (2) A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 10. Restriction on visitation in Grand Cayman and Cayman Brac 10. (1) With the exception of — (a) the Medical Officer of Health or a person authorised by the Medical Officer of Health in the case of Grand Cayman; and (b) the Director of the Sister Islands Health Services or a person authorised by the Director of the Sister Islands Health Services in the case of Cayman Brac, for the purposes of surveillance or management of a person in quarantine or isolation, no person shall visit or be permitted to visit a place or a person referred to in paragraph (2). (2) The following are the places and persons referred to in paragraph (1) — (a) a place or facility of quarantine or isolation; (b) a detainee in a prison or place of detention; or (c) a patient in a health care facility. (3) A person who wishes to visit a residential home care facility in Grand Cayman or Cayman Brac shall — (a) within three days prior to the date of the intended visit to the residential home care facility be tested for the virus; and (b) only be permitted to visit the residential home care facility after such test has been declared to be negative by the Medical Officer of Health. (4) A person under paragraph (3) who is permitted to visit a residential home care facility shall maintain a distance of six feet from every person in the residential home care facility. c SL 91 of 2020 Page 9 Prevention, Control and Suppression of Covid-19 (Partial Lifting of Regulation 11 Restrictions) (No.3) Regulations, 2020 (5) A person who contravenes paragraph (1), (3) or (4) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 11. Exercise and contact sports in Grand Cayman 11. (1) A person may exercise at any time but shall be subject to the public meeting and social distance requirements in these Regulations. (2) Contact sports shall be permitted subject to the following restrictions — (a) no more than fifty persons, including coaches, trainers and support staff, shall be permitted to participate in the relevant contact sport at any time; (b) no more than fifty persons shall be permitted at any time as spectators at the relevant contact sport; and (c) each spectator shall maintain a distance of three feet from every other person. (3) The social distance requirements referred to in this regulation do not apply to — (a) persons referred to in paragraph (2)(a); and (b) persons who reside at the same household. (4) A person who contravenes paragraph (1) or (2) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 12. Public Transport in Grand Cayman and Cayman Brac 12. (1) An operator of a taxi or an omnibus in Grand Cayman or Cayman Brac shall only drive such taxi or omnibus on the following conditions — (a) only half of the total seating capacity of the taxi or omnibus is used at any time; (b) seating in the taxi or omnibus is staggered in such a way that each passenger is able to distance himself or herself as far as possible from the other passenger and the driver; and (c) all persons, including the driver of the taxi or omnibus, shall wear masks or cloth face coverings when in the taxi or omnibus. (2) A person who contravenes paragraph (1)(a) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 13. Scuba diving and snorkelling in Grand Cayman 13. (1) Subject to paragraph (2), no person shall rent any scuba or snorkelling equipment to any customer for any scuba diving or snorkelling activity, including for any training in scuba diving or snorkelling. (2) Paragraph (1) does not apply to dive tanks. Page 10 SL 91 of 2020 c Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.3) Regulations, 2020 Regulation 14 (3) A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 14. Prohibition on use of hookah, shisha pipes or water pipes 14. (1) An owner or operator of a business shall not use or permit the use of a hookah, shisha pipe or water pipe at the place of business. (2) A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine of one thousand dollars and to imprisonment for six months. 15. Repeal of the Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.2) Regulations, 2020 15. The Prevention, Control and Suppression of Covid-19 (Partial Lifting of Restrictions) (No.2) Regulations, 2020 are repealed. 16. Expiry 16. These Regulations shall continue in force until 31st August, 2020 or until such later date as the Cabinet may specify by notice in the Gazette, in any other official Government website or official means of communication. Made in Cabinet the 18th day of July, 2020. Davina Wilson Acting Clerk of the Cabinet c SL 91 of 2020 Page 11