New Ordinance Affecting West Melbourne Businesses

Medical Mask ExampleWith the number of COVID-19 cases continuing to rise in Brevard County, the West Melbourne City Council convened for a special meeting on July 16, 2020 to consider the implementation of an emergency ordinance requiring face coverings be worn by employees and visitors of some of the largest and most frequented businesses in West Melbourne.

Emergency Ordinance No. 2020-05 was discussed and unanimously passed to assist in slowing the spread of the COVID-19 virus. Ordinance No. 2020-05 details can be found below.

The full ordinance can be found here:

Effective Date:

July 18, 2020 at 8:00 AM
Expiration Date:
April 26, 2021 at Midnight

All Businesses Required to Post Face Covering Policy at Entry.
Every business with a storefront that allows customers in the building is 
required to post its face covering policy. The sign has to be posted on or 
at the entry doorway(s) to the business in a clearly visible manner so that 
customers and guests may read the policy prior to entering.

Essential Businesses Required to Mandate Face Coverings for Employees.
The City of West Melbourne understands that all of our businesses are “essential.” 
However, for purposes of this ordinance, “essential businesses” is defined to mean 
grocery or food stores, hardware and home improvement stores, and retail drug 
stores in excess of 12,000 square feet.

The West Melbourne businesses which meet these criteria are Gordon Food Service 
(2655 W. New Haven Avenue), The Home Depot (2829 W. New Haven Avenue), 
Lowe’s Home Improvement (2150 Minton Road), Publix (2261 W. New Haven Avenue 
and 145 Palm Bay Road NE), Sam’s Club (4255 W. New Haven Avenue), Target 
(4305 Norfolk Parkway), Walgreens (3090 W. New Haven Avenue), Wal-Mart Supercenter (845 Palm Bay Road NE), and West Melbourne Ace Hardware (3221 W. New Haven Avenue).

This requirement does not apply to areas of the business that are not open to the public, 
such as internal offices, break rooms, and stock rooms.

Opt-in Enforcement:
Any West Melbourne business may request that the West Melbourne Police Department 
enforce its face covering policy. See details below.

Opt-in Option for Police Enforcement

Image of the West Melbourne Police Patch

The West Melbourne Police Department has the ability to enforce the face covering policy of any West Melbourne business as long as that business has posted their policy at the entrance of the business and has signed an enforcement request which can be accessed here:

Enforcement Request Form

Printable Face Covering Policy Signs

Mask Policy Sign Example    The Brevard County Board of County Commissioners provides the following printable notice forms:

Frequently Asked Questions

Where does the West Melbourne ordinance apply? 

Inside buildings of grocers, independent retail pharmacies and retail hardware/home improvement stores over 12,000 square feet.

Ordinance defined essential West Melbourne businesses: 

  • Sam’s Club – 4255 W. New Haven Avenue 
  • Publix – 2261 W. New Haven Avenue 
  • Publix – 145 Palm Bay Road 
  • Target – 4305 Norfolk Parkway 
  • Wal-Mart Supercenter – 845 Palm Bay Road
  • Gordon Food Service – 2655 W. New Haven Avenue 
  • Walgreens – 3090 W. New Haven Avenue
  • West Melbourne Ace Hardware – 3221 W. New Haven Avenue 
  • Lowe’s Home Improvement – 2150 Minton Road 
  • The Home Depot – 2829 W. New Haven Avenue

Businesses that have voluntarily opted in:

  • Ferguson Bath, Kitchen & Lighting Gallery - 4185 W. New Haven Avenue
  • Sports Clips Haircuts - 4311 Norfolk Parkway, #104

Who is responsible for meeting the requirement to mask inside these businesses? 

  • For the above businesses, each employer is responsible for insuring that their employees mask when in customer-accessible areas of the building. 
  • For customers of the above businesses, each citizen is responsible for themselves to wear a mask while inside these stores. 

Are there additional requirements for all West Melbourne businesses? 

Yes. All businesses in West Melbourne must post their own business policy of either requiring that customers mask or not requiring masks. One or the other policy must be posted at customer entrances. 

May other businesses other than those listed above opt-in to the City’s masking ordinance? 

Yes, at each organization’s discretion. 

How will we know what businesses opt-in? 

They are listed above, with only one business day delay for processing. 

Are there penalties for customer noncompliance with the masking requirement inside the specified stores? 

Yes. There are no criminal penalties, but civil citations are possible, sort of like a parking ticket. As with parking tickets, City police officers each have individual officer discretion as to provide a warning instead of a citation. The City’s goal is to achieve compliance without the necessity of issuing a single citation. 

Are there exceptions to the masking requirement? 

Yes. The specified exceptions are: 

  • Children younger than 6 years of age 
  • Anyone who has trouble breathing 
  • People who are deaf or hard of hearing – or those who care for or interact with a person who is hearing impaired – and are unable to communicate effectively while wearing a face covering 
  • People with intellectual or developmental disabilities, sensory sensitivities, or mental or physical health conditions that make it challenging to wear a face covering 
  • Employees who work in a setting where a face covering may increase the risk of heat-related illness or cause safety concerns due to the introduction of a hazard (for instance, straps getting caught in machinery). 

How long is the emergency ordinance in effect? 

From Saturday, July 18, 2020 through Monday, April 26, 2021 at Midnight. The requirements of the ordinance can be administratively extended by the City Manager for periods of seven days, or may be rescinded by the City Council at any time.