Clay County residents are now required to wear a face mask in public settings to prevent the spread of COVID-19 following a split vote Tuesday by the board of supervisors.

The order applies only if individuals cannot maintain six feet of distance between one another, both indoors and outdoors. Legal counsel noted townships and municipalities in Clay County can opt out of participation by passing their own ordinances. There is no penalty for those who violate the regulation.

Supervisors Burlin Matthews, Dan Skelton and Randy Swanson voted in favor of the mask mandate, while supervisors Barry Anderson and Art Hamrick dissented. The supervisors' decision came following an approval of a mask regulation by the Clay County Board of Health.

"This regulation is not intended to be punitive or stigmatizing, and is in the best interest of health, safety and economic recovery," the regulation states.

The board of health stated the current rise in local COVID-19 infections is "not sustainable given the resources currently available to combat this threat," noting the mask order was necessary to slow the spread. Iowa Code allows county health boards to make and enforce regulations for the protection and improvement of public health, but the supervisors needed to formally approve the rules before they could take effect.

Masks must have a snug fit and completely cover the nose and mouth. In addition to public settings like grocery stores, retail shops, schools and other locations, they must be worn while using public transportation or while ride sharing or carpooling.

Various exceptions were carved out in the regulation. Masks do not need to be worn in a personal vehicle alone or with household members, or while you're alone or in the presence of only household members. Additionally, you don't need to wear one while exercising at a moderate or high intensity, while seated eating or drinking in a dining establishment or while obtaining a service that would require its temporary removal.

Spiritual services and religious gatherings are also exempt from the rules, but participants are strongly encouraged to wear masks while participating. Children younger than the age of 2 are exempt, as are individuals with medical conditions that impede breathing.

The regulation will sunset when the number of COVID-19 cases in Clay County has fallen below 5 percent over a 14-day average for two consecutive Sundays. It will be reinstated if positivity rates rise over 10 percent during a 14-day average for two consecutive Sundays. The board of health will review the rules at each meeting in the immediate future.

The rules differ from the governor's recent mask order in that they pertain to all public spaces, regardless of the amount of time an individual is there or how many people are present.

• Local positivity rates stagnate

Fourteen-day COVID-19 positivity rates in O'Brien and Clay counties remained relatively flat over the past week. O'Brien County's was at 19.9 percent on Wednesday, up from 19.2 percent the week before. Clay County was down from 20.2 percent to 19.6 percent. Statewide, the positivity rate declined from 19 percent last Wednesday to 16.9 percent.

Clay County's COVID-19 death toll remained unchanged at 4 while O'Brien County's increased from 30 last Wednesday to 31 this week. Statewide, deaths increased by 178 to 2,449.

O'Brien County has recorded 886 recoveries since the pandemic began while Clay County has tallied 665. Overall infections in O'Brien County were up 118 over the past week to 1,323, while Clay County's increased 107 to 1,203.

As of Monday, there were 1,172 Iowans hospitalized with coronavirus-related complications. That number is down from 1,351 the same time last week. Five were from O'Brien County and 17 were from Clay County.