HomeMy WebLinkAboutOrd. 20-028Ordinance 20-028
An Emergency Ordinance Amending Emergency Ordinance 20-010, as
previously amended, to Extend and to Comprehensively Adopt Provisions to
Address a Public Health Crisis and to Revise Certain Measures which are
Necessary for the Immediate Preservation of the Public Health, Safety and
Welfare of the City and are Necessary to Slow the Community Spread of
Coronavirus (COVID-19) in the City of Brookings, South Dakota.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
Whereas, the City of Brookings has the authority pursuant to SDCL 9-29-1 and
SDCL 9- 32-1 to pass ordinances for the purpose of promoting the health, safety
and general welfare of the community, and to do what may be necessary for the
promotion of health or the suppression of diseases; and
Whereas, COVID-1 9 has been confirmed in more than 100 countries, including the
United States; and
Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court
Chief Justice Roberts stated in a 2020 decision "people may be infected but
asymptomatic, [and] they may unwittingly infect others"; and
Whereas, the Centers for Disease Control and Prevention, the World Health
Organization, medical associations and scientific associations suggest individuals wear
a face covering to slow the spread of COVID-19; and
Whereas, Ordinance 20-010, as amended, is intended to slow the rise of positive cases
and slow down the rate of infection, and therefore bears a real and substantial
relationship to public health because the measures are recognized to be the best
available procedures to slow the rate of transmission of COVID-19; and
Whereas, the City of Brookings and many states and communities across the
country have already implemented White House recommendations by restricting
occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor
venues where people congregate until the public health emergency is over; and
Whereas, the failure to successfully implement social distancing would likely result
in higher numbers of infected individuals and has the potential to overwhelm the
capacity of the City's health care providers; and
Whereas, it is important that control measures, including requiring face masks in
indoor places, continue to be taken to reduce or slow down the spread of COVI D-1 9
in order to protect the health and safety of the City's residents, especially for seniors
and those with underlying health conditions that make them particularly vulnerable
to COVID-19; and
Whereas, the City of Brookings has been utilizing Ordinance 20-010, as amended,
to address the COVID-19 public emergency in the City of Brookings, and
Whereas, based on the number of cases in Brookings County, the relatively small
number of hospitalizations in the City, and the available modeling, the City Council
believes the social distancing and face covering restrictions should be continued
given the increasing numbers of COVID-19 cases in the City and State, and
Whereas, this Emergency Ordinance is intended to adopt, in comprehensive form,
the emergency measures and restrictions set forth in Emergency Ordinance 20-
010, as previously amended.
Now Therefore, Be It Ordained, by the City Council of Brookings that:
Any businesses identified in Ordinance 20-005 may reopen to serve
patrons on-site pursuant to the conditions established in this resolution.
2. Businesses within the City of Brookings which are open to the public
shall observe the following guidelines to slow the spread of COVID-19:
a) Establish a minimum six-foot distance between any tables, chairs,
and barstools. This provision does not need to be observed
between members of the same household.
b) All businesses shall collaborate with the City to identify their
occupancy allowance and post it in a conspicuous location outside
the building.
c) Restaurants, bars, and casinos shall be limited to a maximum often
(10) customers or a capacity of one-half('/2) of their maximum
posted capacity, whichever is greater. Capacity will be posted at
the front of the business.
d) All restaurants, food trucks and bars shall disinfect or dispose of
all menus before and after use by each customer. Condiment
containers shall be cleaned/disinfected between each group and
shall not be shared among multiple groups. Salad bars and self-
service buffets shall not be permitted.
e) Grocery stores, retail businesses, recreation and fitness
businesses shall be limited to a maximum of ten (10) customers
or a capacity of one-half(Y2) of their maximum posted capacity,
whichever is greater. Capacity will be posted at the front of the
business.
f) Require social distance spacing while waiting for service or entry
into a business. Spacing may be accomplished by requiring people
to remain in their vehicles.
g) Clearly marked one-way shopping aisles in grocery and retail
stores.
h) In retail and grocery businesses, install a plexiglass, or similar
divider where physically possible between the cashier and
customer.
i) Require employees to wash hands at regular intervals.
j) Restaurant and bar (those businesses with an alcoholic
beverage license) staff and employees must wear a mask
which covers the employee's nose and mouth.
k) In casinos, video lottery machines must be cleaned and
disinfected between each customer.
1) Employees of hair salons, nail and tanning salons, spas and
barber shops wear masks which cover their nose and mouth
during customer contact times. Customer seating must be at least
six (6) feetapart.
m) In gyms and fitness facilities, any equipment and/or exercise
mats
must be cleaned or disinfected between each use.
n) Customer seating in theaters and similar businesses shall be
reduced to allow for social distancing with certain seats marked
as "not available due to social distancing guidelines" to ensure
compliance.
o) Businesses shall post publicly a regular cleaning and
disinfecting schedule, specific to each business.
p) Hand sanitizer locations readily available for public use
should be made available at grocery stores and retail
businesses.
q) Enhanced cleaning/disinfecting requirements should be used for
motel and hotel rooms.
r) Seating for large gatherings shall be reduced to comply with a six-
foot minimum distance between attendees.
s) Businesses are encouraged to conduct daily employee
screenings for illness.
t) Businesses are encouraged to post signage outside of their facility
that encourages customers to not enter if they are not feeling well
or have COVI D-1 9 symptoms.
u) Businesses are encouraged to develop risk mitigation strategies
for restrooms or other areas where social distancing
requirements are likely to be compromised.
v) Certain businesses (e.g. gym, recreation facilities, casinos, etc.)
are encouraged to have customers wipe down their
equipment/machines before and after use. However, it will still
be the responsibility of the business to ensure proper cleaning
and disinfecting is occurring.
w) Businesses, particularly salons, barber shops, and spas are
encouraged to provide service on an appointment -only basis to
ensure proper social distancing and hygiene practices are met.
x) Masks required at city -sanctioned events. Masks which cover a
person's nose and mouth are required for all persons attending
or working at events which require a City permit when a minimum
of six- foot distance cannot be maintained or achieved.
The provisions of Resolution 20-076 are incorporated herein, and provide
as follows:
3. All persons in the city shall cover their mouth and nose with a mask or
other face
covering when they are in the following situations:
a) When inside, or in line to enter, any indoor public space;
b) When obtaining services from the healthcare sector in settings,
including but
not limited to, a hospital, pharmacy, medical clinic, laboratory,
physician or
dental office, veterinary clinic, or blood bank, unless directed otherwise
by
an employee thereof or a health care provider;
4. Waiting for or riding on public transportation or while in a taxi, private car
service, or ride -sharing vehicle;
5. The following individuals are exempt from wearing masks or other face
coverings:
a) Persons age five years or under -children age two years and under in
particular should not wear a face covering because of the risk of
suffocation;
b) Persons with a medical condition, mental health condition, or disability
that
prevents wearing a face covering -this includes persons with a medical
condition for whom wearing a face covering could obstruct breathing or
who
are unconscious, incapacitated, or otherwise unable to remove a face
covering without assistance;
c) Persons who are deaf or hard of hearing, or when communicating with
a
person who is deaf or hard of hearing, where the ability to see the
mouth is
essential for communication;
d) Persons for whom wearing a face covering would create a risk to the
person
related to their work, as determined by local, state, or federal
regulations or
workplace safety guidelines;
e) Persons who are obtaining a service involving the nose or face for
which
temporary removal of the face covering is necessary to perform the
service;
f) Persons who are seated at a restaurant or other establishment that
offers
food or beverage service, while they are eating or drinking, provided
they
maintain a 6 -foot distance between individuals (not including
individuals who
reside together or are seated together) with only infrequent or
incidental
moments of closer proximity;
g) Athletes and participants who are engaged in an organized sports
activity
that allows athletes to maintain a 6 -foot distance from others with only
infrequent or incidental moments of closer proximity;
h) Persons who are engaged in an activity that a professional or
recreational
association, public regulatory entity, medical association, or other
public health oriented entity has determined cannot be safely
conducted while
wearing a mask or other face covering and where other protections
and
precautions are established and utilized;
i) Persons attending educational institutions where the public and private
schools through 12th grade, colleges, and universities have
implemented
protections.
j) Persons engaged in church and religious places of worship which may
implement their own protections.
6. In addition to the specific requirements listed above, businesses shall
operate
in a manner consistent with CDC guidelines and any applicable state
regulations and the Governor's Executive Orders.
7. The City encourages all members of the public within the City of
Brookings to
continue to follow the CDC guidelines and recommended hygiene
practices, including, but not limited to engaging in social distancing,
and wearing masks when outside their homes wherever possible.
8. Businesses can request, in writing, administrative exceptions from the
City that allow them to modify the strict compliance with these
requirements so long as their proposal contains alternative means to
implement social distancing or hygiene requirements. The City will not
approve exceptions which completely exempt a business from
implementing social distancing, or from following the CDC guidelines.
9. Any business entity, owner, or supervising manager of any business
that is not in compliance with these regulations, or an approved
alternative plan pursuant to Section 5. above, shall be in violation of
Ordinance 20- 010, as amended by this Ordinance.
10. Pursuant to this ordinance, the City Council may by resolution modify
the mandatory closures and enact revised restrictions on public
gatherings and public movements it deems necessary to address the
current public health emergency. Any revised measures and
restrictions, adopted by resolution shall be for a specific duration and
shall be periodically reviewed to ensure the continued necessity of
such restrictions or closures.
11. The restrictions set forth herein do not apply to the following entities,
which have their own specific COVID-19 restrictions:
a. Health care facilities, residential care facilities, congregate
care facilities, and correctional facilities.
b. Crisis shelters, homeless shelters, soup kitchens, or other
similar institutions.
c. Any emergency facilities necessary for the response to the
current public health emergency or any other community
emergency or disaster.
d. Official meetings of the city, schools, county, or state.
e. The operations and meetings of any state or federal courts.
f. Educational institutions where the public and private schools through
12th grade, colleges, and universities have implemented protections.
g. Places of worship.
h. Any and all polling places, including absentee voting and Election Day
(November 3, 2020) polling places, as well as all locations for
processing absentee ballots and counting ballots on November 3,
2020. All polling places for absentee and Election Day voting shall
remain open at all times.
12. This ordinance shall remain in effect for a period of sixty (60) days, at
which time it shall be automatically repealed unless specifically
readopted for an additional period of time by the City Council. Any
dates identified in this ordinance may be adjusted at any time within the
sixty (60) day period covered by this ordinance by a resolution of the
City Council.
13. Enforcement - Violation of this Resolution may result in a fine, and
multiple violations may result in further enforcement procedures,
including legal and equitable action to enforce this Ordinance for the
safety of the public.
14. Until the 2nd Reading of this ordinance is completed, approved
and published, Ordinance 20-010, as amended, shall set forth
the applicable measures deemed necessary to slow the spread
of Coronavirus in the City of Brookings. Ordinance 20-010, as
amended, shall remain in effect for an additional period of sixty (60)
days, at which time it shall be automatically repealed unless
specifically readopted for an additional period of time by the City
Council. Any dates identified in this ordinance may be adjusted at
any time within the sixty (60) day period covered by this ordinance.
15. Face Masks/Face Coverings Required. Within the City of Brookings,
all persons except those under the age of five (5) and those with a
medical condition, mental health condition, or disability that makes it
unreasonable for the individual to maintain a face covering, must
wear a face mask/face covering in indoor businesses and indoor
public places where six (6) foot
social distancing cannot be achieved or maintained. A "face
covering" or "mask" must be worn to cover the nose and mouth
completely, and can include a paper or disposable face mask, a cloth
mask, a scarf, a bandanna, or neck gaiter.
II.
BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is
adopted to address a public health emergency and is necessary for the immediate
preservation of the public peace, health, safety and welfare of the City and shall
become effective immediately upon passage and publication.
Dated this--c�.iay of �e , 2020.
- CITY OF BROOKINGS:
i F i 1883
Keith W. Corbett, Mayor
ATTEST:
b 6i6 Foster, City Clerk