ELMS ID # 34324

AN ORDINANCE
BY COUNCILMEMBER ANTONIO LEWIS

TO CREATE A NEW SECTION 106-13 OF CHAPTER 106 (OFFENSES AND

MISCELLANEOUS PROVISIONS), ARTICLE I, (IN GENERAL), OF THE ATLANTA
CODE OF ORDINANCES TO PROHIBIT THE WEARING OF SKI MASKS, MASKS,
BARRIER FACE COVERINGS, HOODS OR ANY DEVICE WHICH CONCEALS THE
IDENITY OF THE WEARER; AND FOR OTHER PURPOSES.

WHEREAS, the City of Atlanta has an interest in maintaining the public safety and welfare of
citizens of the City of Atlanta and its visitors; and

WHEREAS, under its police power, the City of Atlanta may enact ordinances to protect the
health safety and general welfare of the public, City of Atlanta v. McKinney, 265 Ga. 161,
(1995); and

WHEREAS, the City of Atlanta may enact clearly reasonable ordinances for which no provision
has been made by general law, OCGA §36-5-3(a); and

WHEREAS, a municipal penal ordinance is valid where it does not operate upon the same set of
physical acts as a state criminal statute, or where the offense created by it contains some
characterizing ingredient not contained in the offense under the state law, Cotton v. City of
Atlanta 10 Ga. App.397(1), (1912); and

WHEREAS, pursuant to OCGA § 16-11-38, a person is guilty of a misdemeanor when they

wear a mask, hood or device which conceals the identity of the wearer in any public way or on
any public property; and

WHEREAS, in the midst of the Covid-19 pandemic, casually wearing ski masks, bandanas or
other devices to conceal their faces became prevalent in the City of Atlanta. This trend has
corresponded with an uptick of individuals wanted by the City of Atlanta Police Department who
wore ski masks in the commission of a crime; and

WHEREAS, in most cases, perpetrators use of a ski mask to conceal their identity has impeded
law enforcement’s ability to identify and apprehend the individual; and

WHEREAS, the City of Atlanta recognizes that the quality of life of its citizens and visitors
suffers when they feel at greater risk of experiencing crime when going about their daily lives in
the City; and

WHEREAS, public safety is lessened when criminals can wear ski masks with anonymity,
making it more difficult for our police officers to identify a perpetrator.

WHEREAS, the City of Atlanta has determined that it is in the best interest of the public safety
and welfare of citizens and visitors to the City of Atlanta to prohibit the wearing of ski-masks,
hoods, or any device which conceals the identity of the wearer unless certain exceptions are met;
and
WHEREAS, Chapter 106, Article I, Section 106-13 of the City of Atlanta Code of Ordinances,
currently is just designated as “reserved” for future legislation; and

WHEREAS, the City of Atlanta is authorized to enact a prohibition of such physical acts as no
provision for such a prohibition has been made by general law.

THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS, as

follows:

SECTION 1: A new Section 106-13 of Article I of Chapter 106 of the City of Atlanta
Code of Ordinances is hereby created so that it shall read as follows:

(a) Definitions. The following words, terms and phrases, when used in this section 106-13
shall have meaning ascribed to them in this subsection except where the context clearly indicates
a different meaning:
(1) “ski mask” means a garment as a close-fitting covering over the whole head, with holes only
for the eyes, nose, or mouth
(2) “mask” means a device with or without a face shield, that covers at least one of the user's
eyes, nose or mouth and may or may not meet fluid barrier or filtration efficiency levels. For
purposes of this section a mask does not include H1N1 respirator masks, surgical masks or
other medical equipment that may be worn in public for public health purposes.
(3) “barrier face coverings” means a product worn on the face, specifically covering at least the
wearer's nose and mouth, with the primary purpose of providing source control and to
provide a degree of particulate filtration to reduce the amount of inhaled particulate matter.
For purposes of this section, a barrier face covering means a bandana, buff or any other
garment that can be used as a face covering.
(4) “ hood” means a covering for the head and neck with an opening for the face, typically
forming part of a coat or sweatshirt.
(5) “public way or public property” means any street, sidewalk, city owned park or other right-
of -way within the City of Atlanta.
(6) “city” means City of Atlanta.

(b) It shall be unlawful for a person to wear a ski mask, facial barrier covering, mask, hood, or
device by which any portion of the face is so hidden, concealed, or covered as to conceal the
identity of the wearer and is upon any public way or public property or upon the private
property of another without the written permission of the owner or occupier of the property
to do so.

(c) This Code section shall not apply to:

(1) A person wearing a traditional holiday costume on the occasion of the holiday;

(2) A person lawfully engaged in trade and employment or in a sporting activity where a
mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the
nature of the occupation, trade, or profession, or sporting activity;

(3) A person using a mask in a theatrical production including use in Mardi gras celebrations
and masquerade balls; or
(4) A person wearing a gas mask prescribed in emergency management drills and exercises or
emergencies.

SECTION 2: That the amendments reflected in this Ordinance shall become effective
immediately upon approval.

SECTION 3 That all ordinances or parts thereof in conflict with this ordinance are hereby
repealed to the extent of the conflict.

SECTION 4 That the Municipal Clerk is instructed to retain all legislative history references
in the codified version of Chapter 106, including Editor's notes, and shall not delete any such
references, but shall amend them to include this ordinance.