Second mask ordinance added to Common Council Special Meeting agenda

Common Council Mask Update 1st Reading

RAPID CITY, S.D. — The Rapid City Common Council is set to meet in a special session tonight for the second reading of the proposed city-wide mask mandate, Ordinance No. 6453.

Ahead of tonight’s meeting, a second ordinance was added to the agenda. Ordinance No. 6454 has several notable differences from the original:

1) MANDATE and FRAMEWORK

Ordinance No. 6453 specifies ‘the City is implementing a mandate that people wear face coverings in public’

Ordinance No. 6454 specifies ‘the City is implementing a framework for businesses to require people to wear face coverings in certain indoor public places’

2)  REQUIREMENT and REGULATIONS

Ordinance No. 6453 specifies it is in the City’s best interests ‘to adopt a requirement that face coverings be worn in public’

Ordinance No. 6454 specifies it is in the City’s best interests ‘to adopt regulations facilitating the wearing of face coverings in indoor public places’

3)  DEFINITIONS

Ordinance No. 6453 lists a number of public facilities without an occupancy capacity

Ordinance No. 6454 lists the public facilities and would apply to a facility ‘with an occupancy capacity of 50 or more people’

4)  FACE COVERINGS

Ordinance No. 6453 would require all persons to wear a face mask/face covering in indoor public places where 6-foot distancing cannot be achieved or maintained

Ordinance No. 6454 specifies ‘all customers, patrons, guests, and employees who have face to face contact with the public, must wear a face mask/face covering in indoor public places where 6-foot social distancing cannot be achieved or maintained’

5)  OPT OUT

Ordinance No. 6453 does not include an ‘Opt Out’ provision

Ordinance No. 6454 includes an ‘Opt Out’ provision: ‘The owner, or operator, of any indoor public space as defined in sub-section (I) can opt out of the requirement that a mask or face covering be worn.  Any business choosing to opt out can do so by notifying their patrons by posting signage in conformance with sub-section (IV) at each public entrance of the building

6)  SIGNAGE

Ordinance No. 6453 does not include any signage provision

Ordinance No. 6454 contains the following provision:

‘The owner, or operator, of any indoor public space as defined in sub-section (I) shall place appropriate signage on all public entrances indicating whether they are following the requirements contained in this ordinance, or that they have decided to opt out of the requirements. For businesses or property owners choosing to participate in the requirement that masks or face coverings be worn the signage shall have the following language:

“Pursuant to Rapid City Ordinance 6454, masks or face coverings are required while in this building.”

For businesses or property owners choosing to opt out of the requirements of this ordinance the signage shall have the following language:

“This business has opted out of the Rapid City ordinance requiring the wearing of masks or other face coverings. Masks or face coverings are recommended, but not required while in this building.”

All signs shall be posted in a conspicuous place at each public entrance, be legible, and the lettering should be of an appropriate size and contrast that those entering the building can reasonably see and read the signage.

7)  PENALTY

Ordinance No. 6453 specifies violations are subject to the general penalty provisions of the Rapid City Municipal Code

Ordinance No. 6454 specifies an administrative process for violations

‘The enforcement of this ordinance will primarily be through an administrative process, rather than through a criminal process. When a violation occurs, the City will notify the business of the violation, provide additional information on the ordinance and ask for compliance. When further violations are noted, additional contact with the business will take place, either in writing or in person through the City Code Enforcement division. If prolonged non-compliance exists, criminal prosecution may occur. The total fine and costs for a violation of this ordinance will be $100. Each day that a violation occurs can be considered a separate offense.’

8)  EFFECTIVE DATE

Ordinance No. 6453 specifies the ordinance remains effective until January 1, 2021

Ordinance No. 6454 specifies the ordinance will be effective until February 28, 2021 unless otherwise extended, amended or terminated by the Council

 

NewsCenter1 will be live-streaming the Common Council Special Meeting starting tonight at 5:30 p.m.

Categories: Coronavirus, Local News, South Dakota News