HomeMy WebLinkAbout2642-22 - ADMIN Ordinance - City Council - 2022/01/18Ordinance No. 2642-22
City of St. Louis Park
Hennepin County, Minnesota
Emergency ordinance establishing
face covering requirement
The City of St. Louis Park does ordain:
Whereas, the St. Louis Park City Council, has found that the following emergency exists:
Our local region is experiencing a surge of COVID-19 infections due to the highly
contagious Delta and Omicron variants, which are variants of concern according to the
Center for Disease Control (CDC).
Whereas, the CDC and Minnesota Department of Health (MDH) along with other public
health experts have determined that the virus, and in particular these variants, 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;
Whereas, the CDC and MDH are urging the general public to wear face coverings when
in public to help curb the spread of COVID-19, by preventing the transmission of respiratory
droplets that contain the virus;
Whereas, the City Council finds that this emergency threatens the health, safety, and
welfare of the citizens of the community, and threatens the continuation and efficient delivery
of city services and the delivery of health services at hospitals, clinics, and medical institutions
in the city and region.
Whereas, the St. Louis Park City Charter §1.02 allows the City to “define, prohibit, abate
and suppress all things detrimental to the health, morals, comfort, safety, convenience and
welfare of the inhabitants of the City and all nuisances and causes thereof.”
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.”
Whereas, the City of St. Louis Park desires to require face coverings when individuals are in
places of public accommodation, consistent with federal and state health agency guidance.
Now, therefore, be it ordained by the city council of the City of St. Louis Park, Minnesota,
as follows:
Section 1.
1. Individuals are required to wear a face covering while in a space of public
accommodation.
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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 requ ires individuals to
wear a face covering or a mask while inside this building.
b. Require 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 enteri ng
spaces of public accommodation and that they are required to wear the face
covering until exiting.
3. The following shall also apply to the face covering requirement in sections 1 and 2:
a. Restaurants and bars. Must require all customers wear a face covering when not
seated at their table.
b. Entertainment venues. Individuals are required to wear a face covering when the
individual is within six (6) feet of another person. When the individual is seated
and is maintaining social distancing and not within six (6) 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 public
areas such as lobbies and restrooms.
c. 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 establishme nts 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 individ ual’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.
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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).
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, provided the speaker remains six (6) feet or more 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.
i. Facilities operated by the county, state, or federal government.
j. Medical facilities that already have face covering requirements.
k. 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.
l. Voting sites and polling places.
m. Office areas where physical distancing is maintained between individuals and
workstations.
n. Places of worship.
o. Federal, state, or other non-city government buildings; 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.
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Section 2. This ordinance shall take effect on Jan. 21, 2022. The ordinance shall expire
without further action at 11:59 p.m. on Feb. 22, 2022 unless repealed or extended by action of
the city council.
Reviewed for administration: Adopted by the St. Louis Park City Council
January 18, 2022
Kim Keller, city manager Jake Spano, mayor
Attest: Approved as to form and execution:
Melissa Kennedy, city clerk Jared Shepherd, city attorney
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