HomeMy WebLinkAboutOrd. 21-012 Died lack of motionOrdinance 21-012
An Emergency Ordinance Amending Emergency Ordinance 21-001 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 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 the
COVID-19 public emergency in the City of Brookings; and
Whereas, based on the number of cases in Brookings County, the number of past
hospitalizations in the City, and the available modeling, the City Council believes
the occupancy, social distancing and 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) 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 capacity of
one-half ('/2) of their maximum posted capacity. Capacity must 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 capacity of one-half ('/2) of their maximum posted
capacity. Capacity must 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
theirvehicles.
g) In retail and grocery businesses, install a plexiglass, or similar divider
where physically possible between the cashier and customer.
h) Require employees to wash hands at regular intervals.
i) Restaurant and bar (those businesses with an alcoholic beverage license)
staff and employees must wear masks which cover the employee's nose
and mouth.
j) In casinos, video lottery machines must be cleaned and disinfected
between each customer.
k) 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. Customer seating must be at least six (6) feet
apart.
1) In gyms and fitness facilities, any equipment and/or exercise mats must be
cleaned or disinfected between each use.
m) 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.
n) Hand sanitizer locations readily available for public use should be made
available at grocery stores and retail businesses.
o) Enhanced cleaning/disinfecting requirements should be used for motel and
hotel rooms.
p) Seating for large gatherings shall be reduced to comply with a six- foot
minimum distance between attendees.
q) Businesses are encouraged to conduct daily employee screenings for
illness.
r) 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.
s) Businesses are encouraged to develop risk mitigation strategies for
restrooms or other areas where social distancing requirements are likely
to be compromised.
t) 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 is occurring.
u) 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.
v) 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.
w) Masks are required 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.
x) Masks are required while riding on public transportation or while in a taxi,
private car service, or ride -sharing vehicle.
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 underin
particular should not wear a face covering because of the risk of suffocation;
b) Persons with a medical condition, mental health condition, ordisability 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 communicatingwith 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 shall
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
Published:
ATTEST:
March 16, 2021
March 23, 2021
Bonnie Foster, City Clerk
Died for lack of motion.
CITY OF BROOKINGS
Keith W. Corbett, Mayor