Attached is Ordinance No. 888 a proposed ordinance to request indoor public spaces to require masking when social distancing can not be achieved. The proposed ordinance is being placed on the agenda for Council discussion and consideration. The City of Sioux Falls along with many South Dakota communities has adopted a similar type masking ordinance. Other communities are continuing to have in depth discussions about how to handle the issue of masking in the community. City Administration has been approached by members of the community, local businesses as well as City Council members to consider an ordinance similar to the City of Sioux Falls.
The proposed ordinance was drafted similar to the City of Sioux Falls that requires masks but does not impose a penalty for violation. The proposed ordinance requires that masks be worn in public places where six feet of social distancing can not be met. However there are several exceptions as stated below;
a) An individual under the age of five (5) years old;
b) An individual seated at a public place to eat or drink, or while immediately consuming food or beverages;
c) An individual who is receiving dental or medical care that prevents them from wearing a face covering; and
d) An individual with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering,
e) Individuals who are engaged in a team sports activity where the level of exertion makes it difficult to wear a face covering.
f) Public safety workers actively engaged in a public safety role, including but not limited to law enforcement personnel, fire fighters, or emergency medical personnel, in situations where wearing a face covering would seriously interfere in the performance of the individual's public safety responsibilities.
g) Any member of a group of persons who are in an indoor retail business together and live in the same household or are a party of ten or less, so long as the group maintains a continuous physical distance of at least six feet from all other persons not part of the household or party.
This ordinance is a stand alone emergency ordinance with an expiration date. This ordinance has been drafted without imposing any legal penalty for violation of the ordinance. The reasoning for an ordinance, as opposed to a resolution is to speak of the message to wear masks in a more clear and serious manner to our Dell Rapids residents and businesses. If the Council would prefer a Resolution one could be drafted for the December 21st meeting.
It is important to note that there is not any occupancy requirements within this ordinance. The City had imposed a 50% occupancy requirement at the beginning of Covid-19 in April of 2020. A similar occupancy requirement could be considered for this ordinance if the Council sees it necessary to implement.
Other options for the City Council to consider as an alternative to an ordinance or in coordination with the ordinance is a public education campaign. The City may be eligible for Cares Act Funding to assist with a public education campaign, however the window is closing to have those funds spent by the end of 2020.
City Administration has requested that the Chamber of Commerce poll their members to see if their is support for such an ordinance. Administration will plan to present the Chamber members responses at the December 7th meeting.