HomeMy WebLinkAboutOrd. 21-013Ordinance 21-013
An Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend
Certain 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.
1.
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 and scientific associations and physicians continue to suggest
individuals wear a face covering to slow the spread of COVID-19; and
Whereas, Ordinance 21-001 and this ordinance are intended to continue necessary
procedures to slow the rise of positive cases of COVID-19 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 continue to implement White House and CDC 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 threaten 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
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 21-001 to address ':he
COVID-19 public emergency in the City of Brookings; and
V'her eas, b a s e U-1 on te nurnbe r of cases iii I'D r ook-i I(J. s County, the number of past
hospitalizations in the City, and the available modeling, the City Council believes
face covering restrictions should be continued given the continuing potential for
community spread of COVID-19 cases in the City and State, and
Whereas, this Emergency Ordinance is intended to extend certain emergency
measures and restrictions as previously set forth in Emergency Ordinance 21-001.
Now Therefore, Be It Ordained by the City Council of Brookings as follows:
1. Any businesses identified in Ordinance 20-005 may reopen or remain
open to serve patrons on-site pursuant to the conditions established in
this ordinance.
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) Recommend a minimum six-foot distance between any tables. This
provision does not need to be observed between members of the
same household.
b) In retail and grocery businesses, install a plexiglass, or similar
divider where physically possible between the cashier and
customer.
c) Restaurant and bar (those businesses with an alcoholic beverage
license) staff and employees must wear masks which cover the
employee's nose and mouth.
d) Staff and employees of hair salons, nail and tanning salons, spas
and barber shops must wear masks which cover their nose and
mouth during customer contact times.
e) Businesses are encouraged to conduct daily employee screenings
for illness.
f) Businesses are encouraged to post signage outside of their facility
that encourages customers to wear face coverings and to not enter
if they are not feeling well or have COVID-19 symptoms.
g) Businesses are encouraged to develop risk mitigation strategies for
restrooms or other areas where social distancing requirements are
likely to be compromised.
h) Certain businesses (e.g. gym, recreation facilities, casinos, etc.)
are encouraged to have customers wipe down their equipment /
machines before and after use. However, businesses are
recommended to ensure proper cleaning and disinfecting of
equipment and surfaces potentially touched by customers and
patrons.
i) Masks are 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.
3. 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 besafely
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 to slow the spread of COVID-19;
j) Persons engaged in church and activities within religious places of
worship, including preschools, social halls and chapels within church
facilities, which may implement their own protections.
4. In addition to the specific requirements listed above, businesses are
encouraged to operate in a manner consistent with the most recent
CDC guidelines and any applicable state regulations and the South
Dakota Governor's Executive Orders. CDC guidelines continue to
recommend use of face coverings where social distancing cannot be
maintained.
5. 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.
6. Businesses can request 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 this ordinance or the CDC
guidelines.
7. Any person, 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 6. above, shall be in
violation of this Ordinance.
8. Pursuant to this ordinance, the City Council may by resolution modify
the mandatory closures and enact revised restrictions, including
restrictions of public gatherings and public movements it deems
necessary to address the current public health emergency. Any
revised measures and restrictions which are adopted by resolution
shall be for a specific duration and shall be periodically reviewed to
ensure the continued necessity of such restrictions or closures.
9. 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, and 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 public and private schools through 12th
grade, colleges, and universities have implemented protections to
slow the spread of COVID-19.
g. Places of worship.
h. Any and all polling places, including absentee voting and Election Day
polling places, as well as all locations for processing absentee ballots
and counting ballots. All polling places for absentee and Election Day
voting shall remain open at all times.
10. This ordinance shall remain in effect until 5:00 p.m. on April 30, 2021)
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 until April
30, 2021 by a resolution or ordinance of the City Council.
11. Enforcement - Violation of this Ordinance may result in a fine, and
multiple violations may result in further enforcement procedures,
including legal and equitable action to enforce this Ordinance forthe
safety of the public.
12. Until the Second Reading of this ordinance is completed, approved and
published, Ordinance 21-001 shall set forth the applicable measures
deemed necessary to slow the spread of Coronavirus in the City of
Brookings.
13. 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 coverthe
nose and mouth completely, and can include a paper or disposable
face mask, a cloth mask, a scarf, a bandanna, or neckgaiter.
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.
First Reading:
Second Reading
Duhlinh^A
W1101
March 16, 2021
March 23, 2021
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CITY OF BROOKINGS
Keith W. Corbett, Mayor
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\'+~,So.nnW-- oster, City Clerk