Aberdeen City Council

AMENDED AGENDA FOR THE SPECIAL CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA FRIDAY, JUNE 5, 2020, AT 9:00 A.M. BROWN COUNTY COURTHOUSE COMMUNITY ROOM-BASEMENT 25 MARKET STREET, ABERDEEN, SD 57401 1. ROLL CALL 2. NEW BUSINESS A. CANVAS MUNICIPAL ELECTION RESULTS WITH COUNTY AUDITOR. B. DISCUSSION AND POSSIBLE FIRST READING AND PASSAGE OF RESOLUTION NO. 20-06-03R APPROVING RETURNS OF CITY ELECTION CANVASSED BY CITY COUNCIL. C. DISCUSSION AND POSSIBLE FIRST READING AND PASSAGE OF RESOLUTION NO. 20-06-04R EXTENDING EMERGENCY ORDINANCE NO. 3 REGARDING THE NOVEL CORONAVIRUS COVID-19 PUBLIC HEALTH CRISIS. D. DISCUSSION AND POSSIBLE FIRST READING OF EMERGENCY ORDINANCE NO. 4 REGARDING THE NOVEL CORONAVIRUS COVID- 19 PUBLIC HEALTH CRISIS. 3. OTHER BUSINESS 4. ADJOURN **MEETING GUIDELINES DURING COVID-19 PANDEMIC** ALL PERSONS ATTENDING THE MEETING SHOULD MAINTAIN PHYSICAL SEPARATION OF AT LEAST SIX FEET (6') BETWEEN PERSONS WHO ARE NOT IMMEDIATE FAMILY MEMBERS OR MEMBERS OF THE SAME HOUSEHOLD. ANY PERSON WHO FAILS TO MAINTAIN THE REQUIRED PHYSICAL SEPARATION WILL BE ASKED TO COMPLY. ANY PERSON REFUSING TO COMPLY MAY BE REMOVED FROM THE MEETING. 06/03/2020 Page 1 of 31  2B 06/03/2020 Page 2 of 31 06/03/2020 Page 3 of 31 06/03/2020 Page 4 of 31 06/03/2020 Page 5 of 31  City of Aberdeen Request for Council Action Agenda Item No. 2C Special Meeting Date: June 5, 2020 Agenda Section New Business Originating Dept: City Council Ord. / Res. Resolution No. 20-06-04R Prepared by: City Attorney No. of 1 Presented by: City Attorney Attachments Item: Discussion and possible first reading and passage of Resolution No. 20-06-04R extending Ordinance No. 20-04-05, also known as COVID-19 Emergency Ordinance No. 3. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve first reading and passage of Resolution No. 20-06-04R extending Ordinance No. 20-04-05 (COVID-19 Emergency Ordinance No. 3). Overview: Emergency Ordinance No. 3 will be repealed if the Council does not affirm (1) the continued existence of the public health emergency, and (2) the necessity of all or parts of the social distancing measures described in Section A. Paragraphs 1 - 7. If extended, the Council should affirm those paragraphs or specific businesses or facilities that continue to be subject to the ordered prohibitions and closures, subject to such other modifications as it deems appropriate. The effect of taking no action on this Resolution will result in the automatic repeal of Emergency Ordinance No. 3 on June 6, 2020. The resolution attached hereto is copied from Resolution No. 20-04-07R, which was approved at the special meeting on April 29, 2020, and subsequent meetings. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Resolution No. 20-06-04R 06/03/2020 Page 6 of 31  RESOLUTION NO. 20-06-04R RESOLUTION EXTENDING ORDINANCE NO. 20-04-05 COVID-19 EMERGENCY ORDINANCE NO. 3 AND EASING CERTAIN RESTRICTIONS OF THE ORDINANCE WHEREAS, the Aberdeen City Council adopted COVID-19 Emergency Ordinance No. 3 (Ordinance No. 20-04-05) (“emergency ordinance”) implementing certain measures which it deemed necessary to slow the community spread of the virus responsible for the COVID-19 disease; and WHEREAS, aided by the voluntary compliance of most residents and businesses with the social distancing and hygiene practices recommended by the CDC, such measures have helped in slowing the community spread of the virus and providing a basis to begin reopening businesses and other public gathering places within the community; and WHEREAS, the emergency ordinance shall be repealed, in part or in whole, on the day following each regular or special meeting of the City Council, unless the City Council at such regular or special meeting by resolution affirms (1) the continued existence of the public health emergency, and (2) the necessity of all or certain parts of the social distancing measures set forth in Section A, Paragraphs 1 - 7, and extends all or any part of the ordinance for the day following the next regular or special meeting of the City Council. WHEREAS, based on the number of cases in Brown County, the almost complete lack of hospitalization in the City, and the available modeling, the City Council believes some of the social distancing restrictions can be modified to allow businesses to resume on-site services of customers without causing the number of cases in the city to rise to the level that it will overwhelm the hospitals’ capacity if proper procedures are put in place. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council affirms that some, but not all, of the social distancing measures set forth in Section A, Paragraphs 1, 2, 3, 4, 5, 6, and 7 of the emergency ordinance are necessary for the prevention and spread within the City of Aberdeen of the contagious virus. 2. The City Council hereby extends paragraphs 1, 2, 3, 4, 5, and 7 of Section A of the emergency ordinance for the day following the next regular or special meeting of the City Council, except that part of each paragraph that prohibits or closes on-site 06/03/2020 Page 7 of 31 consumption, sales, or services if such business, facility, club, shop, organization, or other entity complies with the following restrictions: (a) Maintains a minimum six-foot space between tables, chairs, and barstools if occupants are not members of the same household or dining party of not more than 10 persons; (b) Limits capacity in indoor recreational facilities and fitness businesses to a number of persons that can safely and reliably ensure social distancing; (c) Requires handwashing at regular intervals of at least once per hour for all restaurant, bar, and food service employees; (d) Cleans and disinfects video lottery machines between each customer and at the start of business; (e) Reduces seating to allow for social distancing by removing chairs or marking certain seats as “not available due to social distancing”; (f) Posts for customers the regular cleaning and disinfecting schedule; (g) Maintains a six-foot space between customers waiting for service or entry into the facility; and (h) Employees of beauty and hair salons, nail salons, tattoo parlors, spas, massage studios, and barber shops wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. (i) Implements daily health screening protocol per South Dakota Department of Health guidelines for all employees. (j) Employees shall wear a mask that covers the face and nose when social distancing guidelines cannot be met with, or a barrier to the public is not provided. (k) Equipment and mats in health, fitness, athletic, and weight training facilities must be cleaned and disinfected between each use. 3. In addition to the specific requirements listed above, businesses shall operate in a manner consistent with CDC guidelines and any applicable state regulation or executive orders. Employers should plan to respond in a flexible way to varying levels of disease transmission in the community and be prepared to refine their business response plans as needed. 06/03/2020 Page 8 of 31  4. The City encourages all individuals within the City to continue to follow the CDC guidelines and recommended hygiene practices. 5. The City encourages grocery and retail stores to limit customers to a number of persons that can safely and reliably ensure social distancing, and, where practicable, to clearly mark one-way shopping aisles and install a plexiglass or similar divider between the customer and the cashier. 6. The City encourages enhanced cleaning and disinfecting requirements for motel and hotel rooms. 7. The City Council hereby extends paragraph 6 of Section A and all of Section B of the emergency ordinance for the day following the next regular or special meeting of the City Council. The foregoing Resolution was approved after first reading and passed at a special meeting of the Aberdeen City Council on the 5th day of June, 2020. Number of AYES: Number of NAYS: Members abstaining: Travis Schaunaman, Mayor ATTEST: Finance Officer 06/03/2020 Page 9 of 31  City of Aberdeen Request for Council Action 2D Agenda Item No. Special June 5, 2020 Meeting Date: Agenda Section New Business Originating Dept: City Council Ord. / Res. Ordinance No. 20-06-02 Prepared by: City Attorney No. of 4 Presented by: City Attorney Attachments Item: Discussion and possible first reading of Ordinance No. 20-06-02, also known as COVID-19 Emergency Ordinance No. 4. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve 1st reading of Ordinance No. 20-06- 02 (COVID-19 Emergency Ordinance No. 4), pursuant to Aberdeen City Charter, Sec. 2.14. Overview: Three versions of Emergency Ordinance No. 4 are attached for the Council’s consideration:  Option 1 tracks Resolution No. 20-06-01R approved by the Council on June 1, 2020.  Option 2 tracks COVID-19 Emergency Ordinance No. 3 adopted by the Council on April 13, 2020.  Option 3 tracks COVID-19 Emergency Ordinance No. 1 adopted by the Council on April 1, 2020. Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Option 1 - Ordinance No. 20-06-02 2. Option 2 - Ordinance No. 20-06-02 3. Option 3 - Ordinance No. 20-06-02 4. CDC Guidance for Mass Gatherings as of 3-15-20 06/03/2020 Page 10 of 31 First Reading: Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 20-06-02 COVID-19 EMERGENCY ORDINANCE NO. 4 AN EMERGENCY ORDINANCE TO ADDRESS A PUBLIC HEALTH CRISIS BY IMPLEMENTING CERTAIN MEASURES WHICH HAVE BEEN DEEMED NECESSARY TO SLOW THE COMMUNITY SPREAD OF THE VIRUS RESPONSIBLE FOR THE COVID-19 DISEASE WHEREAS, the City of Aberdeen has the authority pursuant to SDCL §§ 9-29-1 and 9-32-1 to adopt ordinances for the purpose of promoting the health, safety, and general welfare of the community, and to do what may be necessary or expedient for the promotion of health or the suppression of disease; and WHEREAS, the City Council, pursuant to Aberdeen City Charter, Sec. 2.14, may adopt an emergency ordinance affecting life, health, property, or the public peace by an affirmative vote of at least sixty percent of the members present, which ordinance shall automatically stand repealed as of the 61st day following the date on which it was adopted; and WHEREAS, the City Council adopted Ordinance No. 20-04-05 (COVID-19 Emergency Ordinance No. 3) on April 13, 2020, upon its finding that a public health emergency existed in the City due to COVID-19, which recitals are expressly adopted by the Council and incorporated herein by reference; and WHEREAS, Governor Noem on May 27, 2020, issued Executive Order 2020-26 extending the State of Emergency and declaring that a state of emergency continues to exist within the State of South Dakota until December 30, 2020, unless sooner terminated or extended; WHEREAS, the City Council, exercising its authority pursuant to Aberdeen City Charter, Sec. 2.14, finds that the restrictions established by this ordinance are consistent with and authorized by the Governor’s “Back to Normal” Plan and are necessary for the prevention and spread of the contagious virus causing the deadly COVID-19 disease within the City of Aberdeen. 06/03/2020 Page 11 of 31 SECTION A. BE IT ORDAINED BY THE CITY OF ABERDEEN as follows: 1. Every business, facility, club, shop, center, organization, or similar place of public accommodation, including an alcohol licensee with on-sale privileges, which provides food and beverages for on-site consumption or provides on-site services and sales to patrons must comply with the following restrictions: (a) Maintain a minimum six foot (6') space between tables, chairs, and barstools if occupants are not members of the same household or dining party of not more than ten (10) persons; (b) Limit capacity in indoor recreational facilities and fitness businesses to a number of persons that can safely and reliably ensure social distancing; (c) Require handwashing or hand sanitizing at regular intervals of at least once per hour for all restaurant, bar, and food service employees; (d) Clean and disinfect video lottery machines between each customer and at the start of business; (e) Reduce seating to allow for social distancing by removing chairs or marking certain seats as “not available due to social distancing”; (f) Post for customers the regular cleaning and disinfecting schedule; (g) Maintain a six foot (6') space between customers waiting for service or entry into the facility; and (h) Require employees of beauty and hair salons, nail salons, tattoo parlors, spas, massage studios, and barber shops to wear masks that cover the nose and mouth during customer contact times. Customer seating must be at least six feet (6') apart. (i) Implement daily health screening protocol per South Dakota Department of Health guidelines for all employees. (j) Require employees to wear masks that covers the nose and mouth when social distancing guidelines cannot be met with, or a barrier to the public is not provided. 06/03/2020 Page 12 of 31  (k) Clean and disinfect equipment and mats in health, fitness, athletic, and weight training facilities between each use. 2. In addition to the specific restrictions delineated in paragraph 1. above, every business, facility, club, shop, center, organization, or similar place of public accommodation, including an alcohol licensee, shall operate in a manner consistent with CDC guidelines and any applicable state regulation or executive orders. Employers should plan to respond in a flexible way to varying levels of disease transmission in the community and be prepared to refine their business response plans as needed. 3. Excluding any public gathering permitted by paragraph 1. above, any public gathering of [10, 50, 250] or more people is prohibited if: (a) There is not sufficient space to have physical separation of at least six feet (6') between persons who are not members of the same household; or (b) CDC hygiene practices to reduce the likelihood of spreading the COVID-19 disease are not maintained. 4. The restrictions in this order do not apply to the following: (a) Grocery stores, markets, retail stores that do not offer food prepared on the premises, convenience stores, pharmacies, drug stores, and food pantries. (b) Room service in hotels. (c) Health care facilities, residential care facilities, congregate care facilities, licensed day cares, and correctional facilities [and schools]. (d) Crisis shelters, homeless shelters, churches, soup kitchens, or other similar institutions. (e) Any emergency facility necessary for the response to the current public health emergency or any other community emergency or disaster. 5. The City encourages all individuals within the City to continue to follow the CDC guidelines and recommended hygiene practices. 06/03/2020 Page 13 of 31  6. The City encourages grocery and retail stores to limit customers to a number of persons that can safely and reliably ensure social distancing, and, where practicable, to clearly mark one-way shopping aisles and install a plexiglass or similar divider between the customer and the cashier. 7. The City encourages enhanced cleaning and disinfecting requirements for motel and hotel rooms. SECTION B. BE IT FURTHER ORDAINED as follows: 1. If the Governor declares the public health emergency no longer exists, this ordinance shall be automatically repealed. 2. This ordinance shall be repealed, in part or in whole, on the day following each regular or special meeting of the City Council, unless the City Council at such regular or special meeting by resolution approved by a majority of the members present affirms (1) the continued existence of the public health emergency, and (2) the necessity of all or certain parts of the restrictions set forth in Section A, Paragraphs 1 - 4 above, and extends, or makes such modifications as it deems necessary, all or any part of the ordinance for the day following the next regular or special meeting of the City Council. This provision authorizes the City Council by resolution to affirm that certain of the restrictions set forth in Section A, Paragraphs 1 - 4 above may no longer be necessary while other such measures, or components thereof, may continue to be necessary. Any part of the ordinance that has not been repealed shall be subject to recurrent affirmances by resolution and extended thereafter, but in no event may any part of this ordinance be extended beyond 60 days from the effective date and all remaining parts of this ordinance shall be automatically repealed on the 61st day without further action of the City Council. Nothing herein shall be construed to prevent the City Council from adopting another ordinance necessary for the immediate preservation of the public peace, health, or safety in response to the COVID-19 pandemic. 3. A violation of this ordinance shall be a Class 2 misdemeanor, and may result in suspension or revocation of any license issued by the city. Each day a violation of this ordinance occurs is considered a separate offense. 4. Upon the passage and publication of this ordinance, Ordinance No. 20-04- 05, known as COVID-19 Emergency Ordinance No. 3, is hereby repealed. 5. Pursuant to SDCL § 9-19-13, this ordinance is necessary for the immediate preservation of the public peace, health, or safety and shall become effective immediately upon its passage and publication. 06/03/2020 Page 14 of 31 First Reading: Second Reading: Final Adoption: Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer 06/03/2020 Page 15 of 31 First Reading: Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 20-06-02 COVID-19 EMERGENCY ORDINANCE NO. 4 AN EMERGENCY ORDINANCE TO ADDRESS A PUBLIC HEALTH CRISIS BY IMPLEMENTING CERTAIN MEASURES WHICH HAVE BEEN DEEMED NECESSARY TO SLOW THE COMMUNITY SPREAD OF THE VIRUS RESPONSIBLE FOR THE COVID-19 DISEASE WHEREAS, the City of Aberdeen has the authority pursuant to SDCL §§ 9-29-1 and 9-32-1 to adopt ordinances for the purpose of promoting the health, safety, and general welfare of the community, and to do what may be necessary or expedient for the promotion of health or the suppression of disease; and WHEREAS, the City Council, pursuant to Aberdeen City Charter, Sec. 2.14, may adopt an emergency ordinance affecting life, health, property, or the public peace by an affirmative vote of at least sixty percent of the members present, which ordinance shall automatically stand repealed as of the 61st day following the date on which it was adopted; and WHEREAS, the City Council adopted Ordinance No. 20-04-05 (COVID-19 Emergency Ordinance No. 3) on April 13, 2020, upon its finding that a public health emergency existed in the City due to COVID-19, which recitals are expressly adopted by the Council and incorporated herein by reference; and WHEREAS, Governor Noem on May 27, 2020, issued Executive Order 2020-26 extending the State of Emergency and declaring that a state of emergency continues to exist within the State of South Dakota until December 30, 2020, unless sooner terminated or extended; WHEREAS, the City Council, exercising its authority pursuant to Aberdeen City Charter, Sec. 2.14, finds that the restrictions established by this ordinance are consistent with and authorized by the Governor’s “Back to Normal” Plan and are necessary for the prevention and spread of the contagious virus causing the deadly COVID-19 disease within the City of Aberdeen. 06/03/2020 Page 16 of 31 SECTION A. BE IT ORDAINED BY THE CITY OF ABERDEEN as follows: 1. Effective 12:01 a.m. on the day following the passage of this ordinance, all restaurants, coffee houses, bars, breweries, casinos, dance clubs, gentlemen’s clubs, cafes, and other similar places of public accommodation offering food and beverages for on-site consumption, including any alcohol licensees with on-sale privileges, are closed to on-site/on-sale patrons. These businesses may continue to operate in order to provide take-out, delivery, curbside service, and drive-thru service. Any business continuing to operate in order to provide off-site service should implement procedures to ensure social distancing and operate in compliance with federal and state health guidance in order to prevent the spread of the virus causing the COVID-19 disease. 2. Effective 12:01 a.m. on the day following the passage of this ordinance, all indoor recreational facilities, pools, health and fitness facilities and clubs, social clubs, fraternal organizations, athletic and weight training facilities, movie and live production theaters, event centers, meeting halls, and music and entertainment venues are directed to close to on-site sales, but may continue to offer products for sale off-site under the same conditions as bars and restaurants outlined in Paragraph 1. 3. Effective 12:01 a.m. on the day following the passage of this ordinance, all tobacco shops and lounges, vaping shops and lounges, hookah lounges, and other similar business which allow for on-site consumption of any product by smoking or inhaled vapor are directed to cease allowing on-site consumption, but may continue to offer products for sale to consume off-site under the same conditions as bars and restaurants outlined in Paragraph 1. 4. Effective 12:01 a.m. on the day following the passage of this ordinance, all pool halls, video game arcades, video lottery casino operations, bowling alleys, ice skating rinks, and other similar indoor recreational or entertainment facilities are directed to close to on-site sales, but may continue to offer products for sale off-site under the same conditions as bars and restaurants outlined in Paragraph 1. 5. Effective 12:01 a.m. on the day following the passage of this ordinance, all tattoo parlors, beauty and hair salons, barber shops, spas, massage studios, and other similar indoor hands-on personal care facilities are directed to close to on-site services and sales, but may continue to offer products for sale off-site under the same conditions as bars and restaurants outlined in Paragraph 1. 6. In addition to the prohibitions and closures ordered in Paragraphs 1 - 5 above, effective 12:01 a.m. on the day following the passage of this ordinance, any public gathering of [10, 50, 250] or more people is prohibited (a) where there is not sufficient 06/03/2020 Page 17 of 31 space to have physical separation of at least six feet between persons who are not immediate family members or members of the same household, or (b) where CDC hygiene practices to reduce the likelihood of spreading the COVID-19 disease are not maintained. 7. The prohibitions and closures in this order do not apply to the following: (a) Places of public accommodation that offer food and beverages for off-site consumption, including grocery stores, markets, retail stores that offer food, convenience stores, pharmacies, drug stores, and food pantries, other than any portion of such business which would be subject to the requirements of Paragraph 1. (b) Room service in hotels. (c) Health care facilities, residential care facilities, congregate care facilities, licensed day cares, and correctional facilities [and schools]. (d) Crisis shelters, homeless shelters, churches, soup kitchens, or other similar institutions. (e) Any emergency facility necessary for the response to the current public health emergency or any other community emergency or disaster. SECTION B. BE IT FURTHER ORDAINED as follows: 1. If the Governor declares the public health emergency no longer exists, this ordinance shall be automatically repealed. 2. This ordinance shall be repealed, in part or in whole, on the day following each regular or special meeting of the City Council, unless the City Council at such regular or special meeting by resolution approved by a majority of the members present affirms (1) the continued existence of the public health emergency, and (2) the necessity of all or certain parts of the social distancing measures set forth in Section A, Paragraphs 1 - 7 above, and extends all or any part of the ordinance for the day following the next regular or special meeting of the City Council. This provision authorizes the City Council by resolution to affirm that certain of the social distancing measures set forth in Section A, Paragraphs 1 - 7 above may no longer be necessary while other such measures may continue to be necessary. Any part of the ordinance that has not been repealed shall 06/03/2020 Page 18 of 31 be subject to recurrent affirmances by resolution and extended thereafter, but in no event may any part of this ordinance be extended beyond 60 days from the effective date and all remaining parts of this ordinance shall be automatically repealed on the 61st day without further action of the City Council. Nothing herein shall be construed to prevent the City Council from adopting another ordinance necessary for the immediate preservation of the public peace, health, or safety in response to the COVID-19 pandemic. 3. A violation of this ordinance shall be a Class 2 misdemeanor, and may result in suspension or revocation of any license issued by the city. Each day a violation of this ordinance occurs is considered a separate offense. 4. Upon the passage and publication of this ordinance, Ordinance No. 20-04- 05, known as COVID-19 Emergency Ordinance No. 3, is hereby repealed. 5. Pursuant to SDCL § 9-19-13, this ordinance is necessary for the immediate preservation of the public peace, health, or safety and shall become effective immediately upon its passage and publication. First Reading: Second Reading: Final Adoption: Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer 06/03/2020 Page 19 of 31 First Reading: Second Reading: Final Adoption: Published: Effective Date: ORDINANCE NO. 20-06-02 COVID-19 EMERGENCY ORDINANCE NO. 4 AN EMERGENCY ORDINANCE TO ADDRESS A PUBLIC HEALTH CRISIS BY IMPLEMENTING CERTAIN MEASURES WHICH HAVE BEEN DEEMED NECESSARY TO SLOW THE COMMUNITY SPREAD OF THE VIRUS RESPONSIBLE FOR THE COVID-19 DISEASE WHEREAS, the City of Aberdeen has the authority pursuant to SDCL §§ 9-29-1 and 9-32-1 to adopt ordinances for the purpose of promoting the health, safety, and general welfare of the community, and to do what may be necessary or expedient for the promotion of health or the suppression of disease; and WHEREAS, the City Council, pursuant to Aberdeen City Charter, Sec. 2.14, may adopt an emergency ordinance affecting life, health, property, or the public peace by an affirmative vote of at least sixty percent of the members present, which ordinance shall automatically stand repealed as of the 61st day following the date on which it was adopted; and WHEREAS, the City Council adopted Ordinance No. 20-04-05 (COVID-19 Emergency Ordinance No. 3) on April 13, 2020, upon its finding that a public health emergency existed in the City due to COVID-19, which recitals are expressly adopted by the Council and incorporated herein by reference; and WHEREAS, Governor Noem on May 27, 2020, issued Executive Order 2020-26 extending the State of Emergency and declaring that a state of emergency continues to exist within the State of South Dakota until December 30, 2020, unless sooner terminated or extended; WHEREAS, the City Council, exercising its authority pursuant to Aberdeen City Charter, Sec. 2.14, finds that the restrictions established by this ordinance are consistent with and authorized by the Governor’s “Back to Normal” Plan and are necessary for the prevention and spread of the contagious virus causing the deadly COVID-19 disease within the City of Aberdeen. 06/03/2020 Page 20 of 31 SECTION A. BE IT ORDAINED BY THE CITY OF ABERDEEN as follows: 1. Effective 12:01 a.m. on the day following the passage of this ordinance, any enclosed retail business operating as a bar, restaurant, brewery, café, casino, coffee shop, recreational or athletic facility, health club, entertainment venue, or other similar place for public gatherings shall (a) not permit [10, 50, 250] or more people to be in the enclosed facility where there is not sufficient space to have physical separation of at least six feet between persons who are not immediate family members or members of the same household, and (b) discontinue business practices incompatible with CDC hygiene practices designed to reduce the likelihood of spreading the COVID-19 disease. These businesses are encouraged to adopt and promote practices that do not involve public gatherings in an enclosed space, including but not limited to takeout, delivery, drive- through, curb-side service, and off-site services. Any enclosed retail business that promotes public gatherings shall implement procedures to ensure social distancing and operate in compliance with federal and state health guidance in order to prevent the spread of the COVID-19 disease. 2. Effective 12:01 a.m. on the day following the passage of this ordinance, any public gathering of [10, 50, 250] or more people is prohibited (a) where there is not sufficient space to have physical separation of at least six feet between persons who are not immediate family members or members of the same household, or (b) where CDC hygiene practices to reduce the likelihood of spreading the COVID-19 disease are not maintained. 3. The prohibitions in this order do not apply to the following: (a) Places of public accommodation that offer food and beverages for off-site consumption, including grocery stores, markets, retail stores that offer food, convenience stores, pharmacies, drug stores, and food pantries, other than any portion of such business which would be subject to the requirements of Para. 1. (b) Room service in hotels. (c) Health care facilities, residential care facilities, congregate care facilities, licensed day cares, and correctional facilities [and schools]. (d) Crisis shelters, homeless shelters, churches, soup kitchens, or other similar institutions. 06/03/2020 Page 21 of 31  (e) Any emergency facility necessary for the response to the current public health emergency or any other community emergency or disaster. SECTION B. BE IT FURTHER ORDAINED as follows: 1. If the Governor declares the public health emergency no longer exists, this ordinance shall be automatically repealed. 2. This ordinance shall be repealed, in part or in whole, on the day following each regular or special meeting of the City Council, unless the City Council at such regular or special meeting by resolution approved by a majority of the members present affirms (1) the continued existence of the public health emergency, and (2) the necessity of all or certain parts of the social distancing measures set forth in Section A, Paragraphs 1 - 2 above, and extends all or any part of the ordinance for the day following the next regular or special meeting of the City Council. This provision authorizes the City Council by resolution to affirm that certain of the social distancing measures set forth in Section A, Paragraphs 1 - 2 above may no longer be necessary while other such measures may continue to be necessary. Any part of the ordinance that has not been repealed shall be subject to recurrent affirmances by resolution and extended thereafter, but in no event may any part of this ordinance be extended beyond 60 days from the effective date and all remaining parts of this ordinance shall be automatically repealed on the 61st day without further action of the City Council. Nothing herein shall be construed to prevent the City Council from adopting another ordinance necessary for the immediate preservation of the public peace, health, or safety in response to the COVID-19 pandemic. 3. A violation of this ordinance shall be a Class 2 misdemeanor, and may result in suspension or revocation of any license issued by the city. Each day a violation of this ordinance occurs is considered a separate offense. 4. Upon the passage and publication of this ordinance, Ordinance No. 20-04- 05, known as COVID-19 Emergency Ordinance No. 3, is hereby repealed. 5. Pursuant to SDCL § 9-19-13, this ordinance is necessary for the immediate preservation of the public peace, health, or safety and shall become effective immediately upon its passage and publication. 06/03/2020 Page 22 of 31 First Reading: Second Reading: Final Adoption: Published: Effective Date: Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer 06/03/2020 Page 23 of 31  Coronavirus Disease 2019 (COVID-19) Get Your Mass Gatherings or Large Community Events Ready Interim Guidance for Coronavirus Disease 2019 (COVID-19) Guidance as of 3/15/2020 Large events and mass gatherings can contribute to the spread of COVID-19 in the United States via travelers who attend these events and introduce the virus to new communities. Examples of large events and mass gatherings include conferences, festivals, parades, concerts, sporting events, weddings, and other types of assemblies. These events can be planned not only by organizations and communities but also by individuals. Recommendations for schools, institutes of higher learning, or businesses are available. Printer Friendly Version  Summary of Recent Changes Revisions were made on 3/12/2020 to reflect the following: • Highlights vulnerable populations • Adds a section on “Considerations for Postponing or Cancelling a Mass Gathering” • Adds a section on discouraging handshakes and high fives (for sporting events) • Adds standard language regarding disinfection procedures This interim guidance is based on what is currently known about the Coronavirus Disease 2019 (COVID-19). The Centers for Disease Control and Prevention (CDC) will update this interim guidance as needed and as additional information becomes available. This interim guidance is intended for organizers and staff responsible for planning mass gatherings or large community events in the United States. A mass gathering is a planned or spontaneous event with a large number of people in attendance that could strain the planning and response resources of the community hosting the event, such as a concert, festival, conference, or sporting event. Guidance specific to schools and childcare settings, institutions of higher education, and community- and faith-based organizations can be found on CDC’s website focused on prevention COVID-19 spread in communities. 06/03/2020 Page 24 of 31  COVID-19 is an emerging respiratory disease and there is more to learn about its transmission, clinical course, and populations at increased risk of disease and complications (see How COVID-19 Spreads). Everyone can do their part to help plan, prepare, and respond to this emerging public health threat. Older adults and persons with severe underlying health conditions are considered to be at increased risk of more serious illness after contracting COVID-19. Priority should be given to ensuring the safety of these groups of people, particularly for any mass gatherings that are expected to have a large number of older adults or persons with underlying conditions. As the COVID-19 outbreak evolves, CDC strongly encourages event organizers and staff to prepare for the possibility of outbreaks in their communities. Creating an emergency plan for mass gatherings and large community events can help protect you and the health of your event participants and the local community. CDC has developed recommended actions for preventing the spread of COVID-19 at mass gatherings and large community events. This guidance suggests strategies to help you plan for and implement ways in which to better protect all involved in a mass gathering. Organizers should continually assess, based on current conditions, whether to postpone, cancel, or significantly reduce the number of attendees (if possible) for mass gatherings. Listed below are some considerations organizers should keep in mind as they make decisions about whether to postpone or cancel an event. If organizers decide to proceed with an event they should consult the “Steps to Plan, Prepare, and Proceed with a Mass Gathering” section of this document. Considerations for Postponing or Cancelling a Mass Gathering There are a number of factors to consider when determining the need to postpone or cancel a large gathering. These include: The overall number of attendees. Larger gatherings (for example, more than 250 people) offer more  opportunities for person-to-person contact and therefore pose greater risk of COVID-19 transmission. The number of people attending who are at greater risk of more serious illness after contracting COVID-  19. Older adults and persons with severe pre-existing health conditions are thought to be at increased risk. The density of attendees within a confined area. Based on what is currently known about the virus, spread  from person-to-person happens most frequently among close contacts (within 6 feet). The potential economic impact to participants, attendees, staff, and the larger community.  06/03/2020 Page 25 of 31   The level of transmission in your local community and the level of transmission in the areas from which your attendees will travel. To better understand the level of community transmission in your community (and in the communities from which your attendees will be traveling), consult with your local and/or state public health department. If there are ways in which to significantly reduce the number of attendees. For example, for sporting  events or school concerts, organizers could consider holding the event but significantly reduce the number of audience members. At a minimal-to-moderate level of community transmission, it is recommended to: Cancel community-wide mass gatherings (for example, >250 people; the cutoff threshold is at the  discretion of community leadership based on the current circumstances the community is facing and the nature of the event  ) or move to smaller groupings. Cancel gatherings of more than 10 people for organizations that serve higher-risk populations  .  At a substantial level of community transmission, it is recommended to cancel mass gatherings of any size. Steps to Plan, Prepare, and Proceed with a Mass Gathering The details of your emergency operations plan should be based on the size and duration of your events, demographics of the participants, complexity of your event operations, and type of on-site services and activities your event may offer. Review the existing emergency operations plans for your venues Meet with the emergency operations coordinator or planning team at your venues. Discuss the  emergency operations plans and determine how they may impact aspects of your events, such as personnel, security, services and activities, functions, and resources. Work with the emergency operations coordinator or planning team to prepare for the key prevention strategies outlined in this guidance. Develop a contingency plan that addresses various scenarios described below which you may encounter during a COVID-19 outbreak. Establish relationships with key community partners and stakeholders. When forming key relationships  for your events, include relevant partners such as the local public health department, community leaders, faith-based organizations, vendors, suppliers, hospitals, hotels, airlines, transportation companies, and law enforcement. Collaborate and coordinate with them on broader planning efforts. Clearly identify each partner’s role, responsibilities, and decision-making authority. Contact your local public health department for a copy of their outbreak response and mitigation plan for your community. Participate in community- wide emergency preparedness activities. Address key prevention strategies in your emergency operations plan 06/03/2020 Page 26 of 31  Promote the daily practice of everyday preventive actions. Use health messages and materials developed  by credible public health sources such as CDC or your local public health department to encourage your event staff and participants to practice good personal health habits. Consider displaying signs (physical and/or electronic) throughout the event to provide frequent reminders to participants to engage in everyday preventive actions to help prevent the spread of COVID-19. These include: • Stay home when you are sick, except to get medical care. • Cover your coughs and sneezes with a tissue, then throw the tissue in the trash. • Wash your hands often with soap and water for at least 20 seconds, especially after going to the bathroom; before eating; and after blowing your nose, coughing, or sneezing. If soap and water are not available, use hand sanitizer that contains at least 60% alcohol. • Avoid touching your eyes, nose, and mouth with unwashed hands. • Clean frequently touched surfaces and objects daily. Handshakes and “high-fives” are often exchanged at meetings and sporting events, and these can be ways in which COVID-19 can be transmitted from person to person. As a way of decreasing the social pressure to engage in these common behaviors, consider displaying signs (physical and/or electronic) that discourage these actions during the gathering. Note: Use culturally appropriate messages, materials, and resources. Provide COVID-19 prevention supplies to event staff and participants. Ensure that your events have  supplies for event staff and participants, such as hand sanitizer that contains at least 60% alcohol, tissues, trash baskets, disposable facemasks, and cleaners and disinfectants. Clean frequently touched surfaces and objects with detergent and water prior to disinfection, especially surfaces that are visibly dirty. • Routinely clean and disinfect surfaces and objects that are frequently touched. Clean with the cleaners typically used. Use all cleaning products according to the directions on the label. • For disinfection most common EPA-registered household disinfectants should be effective. ◦ A list of products that are EPA-approved for use against the virus that causes COVID-19 is available here   . Follow the manufacturer’s instructions for all cleaning and disinfection products (e.g., concentration, application method and contact time, etc.). ◦ Additionally, diluted household bleach solutions can be used if appropriate for the surface. Follow manufacturer’s instructions for application and proper ventilation. Check to ensure the product is not past its expiration date. Never mix household bleach with ammonia or any other cleanser. Unexpired household bleach will be effective against coronaviruses when properly diluted. Bleach solutions will be effective for disinfection up to 24 hours. ◦ Prepare a bleach solution by mixing: ◾ 5 tablespoons (1/3rd cup) bleach per gallon of water or ◾ 4 teaspoons bleach per quart of water • Additional information on cleaning and disinfection of community facilities can be found on CDC’s website. Note: Disposable facemasks  should be kept on-site and used only if someone (worker or attendee) becomes sick at your event. Those who become sick should be immediately isolated from staff and participants who are not sick and given a clean disposable facemask to wear. 06/03/2020 Page 27 of 31  Note: Use culturally appropriate messages, materials, and resources. Plan for staff absences. Develop and implement flexible attendance and sick-leave policies. Event staff  need to stay home when they are sick, or they may need to stay home to care for a sick household member or care for their children in the event of school dismissals. Allow staff to work from home when possible. Identify critical job functions and positions and plan for alternative coverage by cross-training staff (similar to planning for holiday staffing). Provide instructions about how and when to safely return to work. Implement flexible staff attendance and sick-leave policies (if possible). Require staff to stay home if they  are sick or caring for a sick household member. Notify staff when you plan to implement COVID-19 leave policies. Note: Direct staff who get sick with COVID-19 symptoms to avoid contact with others and to seek medical advice. Consider alternatives for event staff and participants who are at increased risk for complications from  COVID-19. Currently, older adults and persons with severe underlying health conditions are considered to be at increased risk for severe illness and complications from COVID-19. Event organizers can consider reassigning duties for higher-risk staff to have minimal contact with other persons. People in higher-risk groups should consult with their healthcare provider about attending large events. Consider providing refunds to event participants who are unable to attend because they are at high risk and/or provide information on alternative viewing options. Promote messages that discourage people who are sick from attending events. This could include  electronic messages sent to attendees prior to travel to the event as well as messages requesting that people leave events if they begin to have symptoms of COVID-19, which include fever, cough, and shortness of breath. Attendees should be encouraged to seek medical advice promptly by calling ahead to a doctor’s office or emergency room to get guidance. See CDC guidance on what to do when sick with COVID-19. Note: Use culturally appropriate messages, materials, and resources. If possible, identify a space that can be used to isolate staff or participants who become ill at the event.  Designate a space for staff and participants who may become sick and cannot leave the event immediately. Work with partners, such as local hospitals, to create a plan for treating staff and participants who do not live nearby. Include a plan for separating and caring for vulnerable populations. If any staff member or participant becomes sick at your event, separate them from others as soon as possible. Establish procedures to help sick staff or participants leave the event as soon as possible. Provide them with clean, disposable facemasks  to wear, if available. Work with the local public health department and nearby hospitals to care for those who become sick. If needed, contact emergency services for those who need emergency care. Public transportation, shared rides, and taxis should be avoided for sick persons, and disposable facemasks should be worn by persons who are sick at all times when in a vehicle. Read more about preventing the spread of COVID-19 if someone is sick. 06/03/2020 Page 28 of 31  Note: Providing a sick staff member or event participant with a disposable facemask to wear does not replace the need for that person to leave as soon as possible, stay home, and seek medical advice. Wearing a disposable facemask in the workplace or while participating in a large event is not a sufficient infection control measure. Plan ways to limit in-person contact for staff supporting your events. Several ways to do this include  offering staff the option to telework if they can perform their job duties off-site, using email, and conducting meetings by phone or video conferencing. Reduce the number of staff needed such as staggering shifts for staff who support essential functions and services during events. Develop flexible refund policies for participants. Create refund policies that permit participants the  flexibility to stay home when they are sick, need to care for sick household members, or are at high risk for complications from COVID-19. Identify actions to take if you need to postpone or cancel events. Work closely with local public health  officials to assess local capacities in the area. During a COVID-19 outbreak, resource limitations among local healthcare systems and/or law enforcement can influence the decision to postpone or cancel your events. If possible, plan alternative ways for participants to enjoy the events by television, radio, or online. Communicate about COVID-19 Stay informed about the local COVID-19 situation. Get up-to-date information about local COVID-19  activity from public health officials. Be aware of temporary school dismissals in your area because these may affect event staff. Note: Early in the outbreak, local public health officials may recommend schools dismiss temporarily. Update and distribute timely and accurate emergency communication information. Identify everyone in  your chain of communication (for example, event staff, participants, suppliers, vendors, and key community partners and stakeholders) and establish systems for sharing information with them. Maintain up-to-date contact information for everyone in the chain of communication. Identify platforms, such as a hotline, automated text messaging, and a website to help disseminate information. Update key community partners and stakeholders regularly. Share information about how you and the emergency operations coordinator or planning team for the venues are responding to the outbreak. Identify and address potential language, cultural, and disability barriers associated with communicating  COVID-19 information to event staff and participants. Information you share should be easily understood by everyone attending the events. Learn more about reaching people of diverse languages and cultures by visiting: Know Your Audience. You also can learn more about communicating to staff in a crisis at: Crisis Communications Plan  06/03/2020 Page 29 of 31 Follow-up After a COVID-19 Outbreak has Ended Remember, a COVID-19 outbreak could last for a long time. When public health officials determine that the outbreak has ended in your local community, work with them to identify criteria for scaling back COVID-19 prevention actions at your events. Base the criteria on slowing of the outbreak in your local area. If your events were cancelled, work with your venues to reschedule your events. Evaluate the effectiveness of your emergency operations and communication plans Meet with the emergency operations coordinator or planning team for your venues to discuss and note  lessons learned. Gather feedback from event staff, participants (if possible), community partners, and stakeholders to improve plans. Identify any gaps in the plans and any needs you may have for additional resources. Maintain and expand your planning team. Look for ways to expand community partnerships. Identify  agencies or partners needed to help you prepare for infectious disease outbreaks in the future and try to add them to your planning team. Participate in community-wide emergency preparedness activities.  COVID-19 Readiness Resources • Visit cdc.gov/COVID19 for the latest information and resources about COVID-19 • COVID 2019 Situation Summary • Prevention and Treatment • What to Do If You Are Sick • Pregnant Women and COVID-19 FAQs • FAQs: Coronavirus Disease-2019 (COVID-19) and Children • Handwashing: A Family Activity • Handwashing: Clean Hands Save Lives CDC Interim Guidance for Specific Audiences • Get Your Household Ready for Coronavirus Disease 2019 (COVID-19) • Interim Guidance for Administrators of US Childcare Programs and K-12 Schools to Plan, Prepare, and Respond to Coronavirus Disease 2019 (COVID-2019) • Interim Guidance for Administrators of US Institutions of Higher Education (IHE) to Plan, Prepare, and Respond to Coronavirus Disease 2019 (COVID-19) • Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) • Interim Guidance for Travelers CDC Communication Resources 06/03/2020 Page 30 of 31 • Interim Guidance: Public Health Communicators Get Your Community Ready for Coronavirus Disease 2019 (COVID- 19) [1 page] • Print Resources • Buttons and Badges Page last reviewed: May 7, 2020 Content source: National Center for Immunization and Respiratory Diseases (NCIRD), Division of Viral Diseases 06/03/2020 Page 31 of 31