Chilmark Board of Health Mandatory Mask Order: 8/20/2021

Effective Friday, August 20, 2021, 12:01AM
important notice



WHEREAS, there has recently been a significant increase in COVID-19 cases and hospitalizations due primarily to the Delta variant of SARS-CoV-2, the virus that causes COVID-19. Emerging evidence indicates that the Delta variant is more transmissible than prior variants of the virus, may cause more severe illness, and that even fully vaccinated individuals can spread the virus to others;


WHEREAS, the U.S. Centers for Disease Control and Prevention (CDC) recommends that all persons—regardless of vaccination status—wear face coverings indoors. Although vaccination remains the best and most effective tool in preventing COVID-19 and its harms; evidence shows that even against the Delta variant, fully vaccinated individuals have substantial protection against severe illness, hospitalization, and death; and


WHEREAS, despite vaccination rates, the threat of COVID-19 poses a significant threat to the health and safety of the residents, workers and visitors to the Island of Martha’s Vineyard.


NOW, THEREFORE, pursuant to the Massachusetts General Laws, Chapter 111, Sections 31 and 122, 310 CMR 11.05, 105 CMR 300.200 and all other authorizing statutes and regulations, we, the members of the Chilmark Board of Health hereby order the following:


EFFECTIVE on 12:01am August 20, 2021 face coverings are required for all individuals aged two years and above in all indoor public spaces, or private spaces open to the public.  Notwithstanding any provision in this Order, pursuant to guidance issued by the CDC face coverings should not be placed on young children under 2-years-old, anyone who has trouble breathing, anyone who is unconscious, incapacitated or otherwise unable to remove the mask without assistance, or anyone who due to disability is unable to wear a mask.


  • Indoor food service establishment customers may only remove face coverings when seated.


  • Indoor performance venue customers may only remove face coverings in the actual act of eating and drinking.


  • Indoor bar and dance venue customers may only remove face coverings when seated at tables or seated at a bar. Guests must be masked on indoor dance floors.


  • Lodging guests and workers are required to wear face coverings when inside hallways and common areas.


  • Houses of worship are covered by this indoor order.


  • Fitness Centers/Health Clubs workers, customers, and visitors are required to wear face coverings during fitness activity, including strenuous activity.


  • At Personal Service establishments, including but not limited to barber shops, hair and nail salons, all customers and workers are required to wear face coverings, except for skin or beard care that occurs on the face, the customer may temporarily remove the face covering but must immediately put the face covering back on for the remainder of the visit.


  • Persons working in shared office spaces will not be required to mask while at their workstations so long as a minimum of six feet of distance between office occupants or a physical partition, at least six feet in height, is installed separating workstations.  Persons working in private office spaces will not be required to mask.  Masks must be worn while serving the public or traversing the building. 


  • Masks remain mandatory for all individuals on public and private transportation systems (including rideshares, livery, taxi, ferries, MBTA, Commuter Rail and transportation stations), in healthcare facilities and in other settings hosting vulnerable populations, such as congregate care settings.


  • All entry doors of businesses open to the public must be posted - advising customers that facemasks must be maintained inside the establishment.


  • Whoever violates any provision of this Order may be penalized by a noncriminal disposition process as provided in Massachusetts General Laws, Chapter 40, section 21D and/or the Town's non-criminal disposition by-law.


  • Establishment staff must supervise and enforce this requirement.


  • If non-criminal disposition is elected, then any person or establishment who violates any provision of this Regulation shall be subject to: for a first offense, a written warning; for a second offense, a penalty in the amount of one hundred dollars ($100.00), for a third offense, a penalty of two hundred dollars ($200.00); and for a fourth or subsequent offense, a penalty in the amount of three hundred dollars ($300.00). Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.


This Order shall be in place until it is rescinded by the Board of Health. 


Ordered by the Chilmark Board of Health this 18th day of August, 2021.


Katie Carroll, Chilmark Board of Health, Chairperson


Jan Buhrman, Chilmark Board of Health


Matthew Poole, Chilmark Board of Health