HomeMy WebLinkAboutOrd. 20-029Ordinance 20-029
An Emergency Ordinance Amending Emergency Ordinance 20-005, 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-19 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 20-005, 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 COVID-19
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-
005, 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 increased
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-
005, as previously amended.
Now Therefore, Be It Ordained, by the City Council of Brookings that:
1. Effective Wednesday, October 28, 2020, all restaurants, food courts, coffee
houses, bars, breweries, clubs, cafes and other similar places of public
accommodation offering food and beverages for on -site consumption, including
any alcohol licensees with on-sale privileges, are closed to on-site/on-sale
patrons. These businesses may continue to operate in order to provide take-out,
delivery, curbside service, and drive-thru service. Any business continuing to
operate in order to provide off-site service should implement procedures to
ensure social distancing and operate in compliance with federal and state health
guidance in order to prevent the spread of COVID-19. This closure will remain in
effect through December 25, 2020.
2. Effective Wednesday, October 28, 2020, all recreational facilities, public pools,
health clubs, athletic facilities and theaters, including movie theaters and music
or entertainment venues are directed to close and cease operations during this
emergency. This closure will remain in effect through December 25, 2020.
3. Effective Wednesday, October 28, 2020, all cigar bars, vaping lounges or other
similar businesses that allow for on-site consumption are directed to cease
allowing on-site consumption, but may continue to offer products for sale to
consume off-site under the same conditions as bars and restaurants outlined in
paragraph #1. This closure will remain in effect through December 25, 2020.
4. Effective Wednesday, October 28, 2020, all arcades, bingo halls, bowling alleys,
indoor golf ranges, casinos, indoor climbing facilities, skating rinks, and other
similar recreational or entertainment facilities are directed to close and cease
operations during this emergency. This closure will remain in effect through
December 25, 2020.
5. Effective Wednesday, October 28, 2020, all salons, ba rber shops, and spas, and
other similar facilities are directed to close and cease operations during this
emergency. The closure will remain in effect through December 25, 2020.
6. The prohibitions and closures in this order do not apply to the following
businesses and entities:
a. Places of public accommodation that offer food and beverages for off -site
consumption, including grocery stores, markets, retail stores that offer food,
convenience stores, pharmacies, drug stores, and food pantries, other than
any portion of such business which offer on-site consumption which would be
subject to the requirements of paragraph #1.
b. Hardware and supply stores.
c. Room service in hotels.
d. Health care facilities, residential care facilities, congregate care facilities, and
correctional facilities.
e. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions.
f. Any emergency facilities necessary for the response to the current public
health emergency or any other community emergency or disaster.
g. Official meetings of the city, schools, county, or state.
h. The operations and meetings of any state or federal courts.
i. Educational institutions where the public and private schools through 12th
grade, colleges, and universities have implemented protections.
j. Places of worship.
7. Prohibited Activities. Any gathering of more than 10 people is prohibited unless
exempted by this Ordinance. Accordingly, social or recreational gatherings of 10
or more persons are prohibited in the City of Brookings. All citizens and visitors of
the City of Brookings must comply with the CDC guidelines of social distancing (6
feet of separation from others and no group gatherings of 10 or more). The
Brookings Police Department is authorized to disperse gatherings of 10 or more
persons and issue citations for violations of this provision. This provision does
not prohibit gathering of members of a single household or residence. A “social
or recreational gathering” as that term is used herein, does not include a group of
persons at the following locations:
Office space, child care facilities, multifamily residential buildings,
or any type of temporary shelter or housing;
Hospitals, nursing homes, assisted living and group living facilities
and other health care facilities;
Places of worship;
Stores and pharmacies;
Any location at which persons purchase supplies or services in
furtherance of their employment.
8. All places of indoor public amusement, including, locations with museums,
bowling alleys, movie and other theaters, concert and music halls shall be
closed.
9. The provisions of Resolution 20-076 are incorporated herein, and provide
as follows:
a. 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:
i. When inside, or in line to enter, any indoor public space;
ii. 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;
10. Waiting for or riding on public transportation or while in a taxi, private car service,
or ride-sharing vehicle;
11. 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.
12. 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.
13. 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.
14. 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.
15. 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- 005, as
amended by this Ordinance.
16. 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.
17. 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.
18. 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.
19. 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.
20. Until the Second 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 20-005, 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.
21. 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 ____ day of ___________, 2020.
CITY OF BROOKINGS:
(SEAL)
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk