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HomeMy WebLinkAbout2589-20 - ADMIN Ordinance - City Council - 2020/07/21Emergency Ordinance No. 2589-20 An emergency ordinance requiring face coverings within buildings in St. Louis Park Whereas, when issuing Executive Order 20-74 Governor Walz has strongly encouraged Minnesotans “to wear a manufactured or homemade cloth face covering when they leave their homes and travel to any public setting where social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies) and to follow face covering guidelines issued by the Minnesota Department of Health (MDH) and the Centers for Disease Control and Prevention (CDC). Such face coverings are for source control (to help limit the person wearing the covering from infecting others)”; and Whereas, the CDC and MDH along with other public health experts have determined that the virus can be transmitted before an infected individual shows symptoms and that a significant portion of individuals with COVID-19 do not have symptoms and can still transmit the virus; and Whereas, the CDC and MDH are urging the general public to wear non-medical grade face coverings to help curb the spread of COVID-19, by preventing the transmission of respiratory droplets that contain the virus; and Whereas, pursuant to the authority granted to the Mayor pursuant to Minnesota Statutes, §12.29 and the St. Louis Park Peace Time Emergency Resolution 20 -066, the Mayor has proclaimed an emergency action which requires cloth face coverings in places of public accommodation as recommended by the federal and state government and health organizations; and Whereas, the St. Louis Park City Charter §3.06 allows the City to enact an emergency ordinance when it is “necessary for the immediate preservation of the public peace, health, morals, safety or welfare in which the emergency is defined and declared.” Now, therefore, be it ordained by the City Council of the City of St. Louis Park as follows: 1. Individuals are required to wear a face covering while in a space of public accommodation as defined below. 2. All owners and managers of enclosed buildings or rooms which house a space of public accommodation must: a. Post face covering signs at each public entrance. This sign must be at least 8 inches by 10 inches and say: the City of St. Louis Park requires individuals to wear a face covering or a mask while inside this building. b. Include in their COVID-19 Preparedness Plan that all employees wear a face covering when the individual is within six feet of another person. c. Inform customers, visitors, and guests to wear a face covering before entering spaces of public accommodation and that they are required to wear the face covering until exiting. DocuSign Envelope ID: 1E4433EF-A81C-47C0-BA5B-488EA7B26372 Emergency Ordinance No. 2589-20 2 3. The following shall also apply to the face covering requirement in sections 1 and 2: a. Restaurants and Bars. Are required to include in their COVID-19 Preparedness Plan that all customers wear a face covering when not seated at their table. b. Public Transportation. Individuals are required to wear a face covering before boarding any mode of public transportation and wear the face covering until the individual exits. c. Entertainment Venues. Individuals are required to wear a face covering when the individual is within six feet of another person. When the individual is seated and is maintaining social distancing and not within six feet of a person they may remove the face covering, but are required to wear the face covering when walking to or from their seat and while standing in or walking through pub lic areas such as lobbies and restrooms. d. Common Spaces in Multi-Family Residential and Multi-Tenant Office Buildings. Residents of multi-family housing buildings, and their guests; and tenants, employees and their guests in multi-tenant office buildings are required to wear a face covering when in common spaces such as hallways, corridors, lobbies, restrooms, mail rooms, elevators, trash and recycling rooms, fitness rooms, recreation rooms, laundry rooms, and other space owned and used in common by the residents, employees, and tenants of the building. 4. Definitions: a. “Space of public accommodation” means a business, refreshment, entertainment, or recreation facility, or an institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold, or otherwise made available to the public. Examples include retail stores, rental establishments, City of St. Louis Park government buildings, and service establishments as well as recreational facilities, and service centers. This definition includes establishments and facilities that offer food and beverage not for on-premises consumption, including grocery stores, markets, convenience stores, pharmacies, drug stores, and food pantries. b. “Face covering” means a cloth or other covering that fully covers an individual’s nose and mouth, secured to the head with ties or straps or simply wrapped around the lower face. The terms “mask” and “face covering” are synonymous. c. “Physical distancing” means maintaining six (6) feet of separation between individuals of different households. 5. This Emergency Ordinance does not apply to the following persons and places of public accommodation: a. Individuals actively eating or drinking; b. Children under the age of five (5); DocuSign Envelope ID: 1E4433EF-A81C-47C0-BA5B-488EA7B26372 Emergency Ordinance No. 2589-20 3 c. Individuals unable to wear a face covering due to medical reasons, disabilities, or developmental reasons; d. Individuals speaking or performing to an audience, whether in person or through broadcast, as long as the speaker remains six feet or mo re away from other individuals; e. Individuals who are deaf or hard of hearing or an individual who is speaking to someone who is deaf or hard of hearing and requires the mouth to be visible to communicate; f. Individuals who are unable to remove the face covering without assistance; g. Individuals temporarily removing the face covering for identification purposes; h. Participants in youth and adult sports are exempt from this Emergency Ordinance but subject to all requirements under the governor’s executive orders; i. Facilities operated by the county, state, or federal government; j. Personal care services (i.e. salons) that already have state face covering requirements; k. Medical facilities that already have face covering requirements; l. Athletic facilities are encouraged to follow CDC and MDH guidelines. Patrons are not required to wear face coverings or masks while actively participating in athletic activities but are encouraged to wear face coverings when not actively training; m. Voting sites and polling places; n. Office areas where physical distancing is maintained between individuals and workstations; o. Places of worship; and p. Public and private school facilities. 6. This Emergency Ordinance is not a substitute for other critical health practices such as hand washing, staying home when sick, and physical distancing. Even when outside, every individual is encouraged to wear a face covering when physical distancing cannot be maintained. 7. Any person who violates this Emergency Ordinance shall be guilty of a petty misdemeanor and upon conviction thereof shall be punished for a fine not to exceed $300.00. 8. This Emergency Ordinance shall be effective Monday, July 27, 2020. DocuSign Envelope ID: 1E4433EF-A81C-47C0-BA5B-488EA7B26372 Emergency Ordinance No. 2589-20 4 Reviewed for administration: Adopted by the City Council July 21, 2020 Thomas K. Harmening, city manager Jake Spano, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney DocuSign Envelope ID: 1E4433EF-A81C-47C0-BA5B-488EA7B26372