City Council Agendas, Packets and Minutes
Regular MeetingVermillion, SD · March 30, 2020
Minutes
Unapproved Minutes
Council Special Session
March 30, 2020
Monday 5:00 p.m.
The special session of the City Council, City of Vermillion, South Dakota
was called to order on Monday, March 30, 2020 at 9:00 a.m. by Mayor
Powell.
1. Roll Call
Present: Collier-Wise (teleconference), Hellwege (teleconference),
Holland, Humphrey (teleconference), Price (teleconference), Sorensen,
Ward, Willson (teleconference), Mayor Powell
2. Pledge of Allegiance
3. Adoption of the Agenda
75-20
Alderman Holland moved approval of the agenda. Alderman Sorensen seconded
the motion. A roll call vote of the Governing Body was as follows:
Collier-Wise-Y, Hellwege-Y, Holland-Y, Humphrey-Y, Price-Y, Sorensen-Y,
Ward-Y, Willson-Y, Mayor Powell-Y. Mayor Powell declared the motion
adopted.
4. Visitors to be Heard - None
5. Public Hearing
A. Second Reading of Ordinance 1413 Implementation of Certain Emergency
Measures to Slow the Community Spread of COVID-19
John Prescott, City Manager, reported that, at a special City Council
meeting on Tuesday, March 24, the City Council approved the first reading
of Ordinance 1413. John stated that this ordinance places restrictions
on public gathering places such as bars and restaurants and at first
reading was amended to include hair and nail salons, barber shops, and
massage facilities. John noted that other first class cities either have
or are in the process of adopting a similar ordinance. John reported that
the attached ordinance reflects the changes that the City Council made
during the course of the first reading and a couple of clarifying changes
that are noted by underline in the attached version. John stated that
one change has to do with massage facilities as it has come to staff’s
attention that some massage facilities have contracts with the Veteran’s
Administration to provide services as prescribed, required or recommended
by licensed medical providers. John stated that this clarifying language
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can be found in #2 and #5c. John stated that the second change has to do
with clarification of a fine for a violation of the ordinance. John noted
that the City Council has generally established a fine for the violation
of an ordinance. John stated that the standard language that references
Section 10.99 of the City Code which allows for a maximum fine of up to
$500 was approved in the first reading of the ordinance. John stated that
the proposed adjustment would let the City Council establish a fine to
be set by resolution, in accordance with Section 10.99 of the City Code.
John noted that the City Council does not have to adopt this language
but by adopting it will allow the City Council to set the fine vs. the
court system. This item is addressed more completely with the next agenda
item. John reported that the City Attorney has reviewed the proposed
language and has determined that the changes are not substantial and that
second reading can proceed. Discussion followed on the ordinance.
76-20
Second reading of title to Ordinance No. 1413, entitled an Emergency
Ordinance to Address a Public Health Crisis by Implementing Certain
Measures Which Have Been Deemed Necessary to slow the Community Spread
of COVID-19 (Coronavirus) for the City of Vermillion, South Dakota
Mayor Powell read the title to the above named Ordinance, and Alderman
Sorensen moved adoption of the following:
BE IT RESOLVED that the minutes of this meeting shall show that the title
to the proposed Ordinance No. 1413 entitled an Emergency Ordinance to
Address a Public Health Crisis by Implementing Certain Measures Which
Have Been Deemed Necessary to slow the Community Spread of COVID-19
(Coronavirus)was first read and the Ordinance considered substantially
in its present form and content at a special called meeting of the
Governing Body on the 24th day of March, 2020 and that the title was
again read at this meeting, being a special called meeting of the
Governing Body on this 30th day of March, 2020 at the City Hall Council
Chambers in the manner prescribed by SDCL 9-19-7 as amended.
BE IT RESOLVED and ordained that said Ordinance be adopted to read as
follows:
ORDINANCE NO. 1413
AN EMERGENCY ORDINANCE TO ADDRESS A PUBLIC HEALTH CRISIS BY
IMPLEMENTING CERTAIN MEASURES WHICH HAVE BEEN DEEMED NECESSARY TO SLOW
THE COMMUNITY SPREAD OF COVID 19 (CORONAVIRUS).
WHEREAS, the City of Vermillion (City) has the authority pursuant to SDCL
9-29-1 and 9-32-1 to enact ordinances for the purpose of promoting the
health, safety, morals, and general welfare, of the community; and
2
WHEREAS, an outbreak of the COVID-19 disease, which is caused by the
novel coronavirus, has been confirmed in more than 100 countries,
including the United States; and
WHEREAS, COVID-19 is a severe respiratory disease transmitted by person-
to-person contact, or by contact with surfaces contaminated by the virus
that in some cases, especially among older adults and persons with
serious underlying health conditions, can result in serious illness
requiring hospitalization, admission to an intensive care unit, and
death; and
WHEREAS, the World Health Organization (WHO), the Centers for Disease
Control and Prevention (CDC), and the Secretary of the United States
Department of Health and Human Services have declared the outbreak of
COVID-19 as a public health emergency; and
WHEREAS, on March 13, 2020, President Donald Trump declared a national
emergency in response to the global pandemic of COVID-19; and
WHEREAS, on the same day, Governor Kristi Noem, issued Executive Order
2020-04 which declared a state of emergency to exist in the State of
South Dakota in response to the spread of COVID-19; and
WHEREAS, cases of COVID-19 have been confirmed in South Dakota; and
WHEREAS, the CDC and health experts have recommended social distancing
to slow the spread of COVID-19; and
WHEREAS, social distancing is a method of slowing down or stopping the
spread of a contagious disease by reducing the probability of contact
between infected persons and those not infected in order to minimize
disease transmission; and
WHEREAS, in response to the need to implement social distancing, all
schools in the state of South Dakota have been closed for at least two
weeks; and
WHEREAS, on March 16, 2020, the Trump Administration (White House) issued
guidance recommending that social gatherings of more than ten (10) people
be avoided and that people avoid eating or drinking at bars, restaurants,
and food courts; and
WHEREAS, the guidance issued by the White House further recommended that
in states with evidence of community transmission, bars, restaurants,
food courts, gyms, and other indoor and outdoor venues where people
congregate should be closed; and
3
WHEREAS, many states and communities across the country have already
implemented the White House recommendations by ordering all bars,
restaurants, food courts, gyms, and other indoor and outdoor venues where
people congregate be closed until the public health emergency is over;
and
WHEREAS, Governor Kristi Noem on March 23, 2020 issued an Executive Order
that noted that any South Dakota enclosed retail business that promotes
public gatherings should suspend or modify business practices as
recommended by the CDC, and continue or consider business models that do
not involve public gatherings; and
WHEREAS, the failure to successfully implement social distancing will
likely result in higher numbers of infected individuals and has the
potential to overwhelm the capacity of the City’s health care providers;
and
WHEREAS, it is important that control measures be taken to reduce or slow
down the spread of COVID-19 in order to protect the health and safety of
the City’s residents, especially for seniors and those with underlying
health conditions that make them particularly vulnerable to COVID-19;
and
WHEREAS, while this ordinance cannot become legally effective until after
the second reading of an ordinance which must be at least five (5) days
after the first reading of an ordinance due to the requirements of state
law, the City strongly urges all businesses to start voluntarily
complying with these regulations immediately.
NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the City of
Vermillion that:
1. Effective at 9:00 a.m. CDT Monday, March 30, 2020, all restaurants,
food courts, coffee houses, bars, breweries, distilleries,
wineries, 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
lawful off-site service should implement procedures to ensure social
distancing and operation in compliance with federal and state health
guidance in order to prevent the spread of COVID-19.
2. Effective at 9:00 a.m. CDT Monday, March 30, 2020, all recreational
facilities, public pools, health clubs, hair and nail salons, barber
shops, spas, massage facilities unless providing prescribed,
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required, or recommended services as directed by a licensed medical
provider, athletic facilities, and theaters, including movie
theaters, and music or entertainment venues are directed to close
and cease operations.
3. Effective at 9:00 a.m. CDT Monday, March 30, 2020, all hookah
lounges, cigar bars, vaping lounges or other similar businesses that
allow for on-site consumption 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 #1 above.
4. Effective at 9:00 a.m. CDT Monday, March 30, 2020, all arcades,
bingo halls, bowling alleys, video lottery casino operations, indoor
climbing facilities, skating rinks, trampoline parks, and other
similar recreational or entertainment facilities are directed to
close and cease operations.
5. The prohibitions and closures in this order do not apply to the
following businesses, activities or operations:
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, liquor stores,
pharmacies, drug stores, and food pantries, other than any
portion of such business which offer on-site consumption which
would be subject to the requirements of #1 above.
b. Room service in hotels.
c. Health care facilities, residential care facilities, congregate
care facilities, correctional facilities, and facilities
providing medical, therapy, or rehabilitation services as
prescribed, required or recommended by a licensed medical
provider.
d. Crisis shelters, homeless shelters, soup kitchens, or other
similar institutions.
e. Airport concessionaires.
f. Any emergency facilities necessary for the response to the
current public health emergency or any other community emergency
or disaster.
g. Official meetings of the city, schools, county, or state.
5
h. The operations and meetings of any state, federal, or local
governments or their courts.
i. Educational institutions and their related services under the
governance of the Board of Regents or local school boards to the
extent permitted by the governing authorities.
j. Parks, trails, hike/bike path, and the Bluffs Golf Course.
6. This ordinance shall remain in effect for a period of sixty (60)
days, at which time it shall be automatically repealed unless
specifically readopted for an additional period of time by the City
Council. At each regular City Council meeting during the sixty (60)
day period or at a special meeting called for consideration of this
ordinance, the City Council will have as an agenda item
consideration of a resolution to suspend the provisions herein prior
to the end of the sixty (60) day period. Any restriction contained
in this ordinance may be modified at any time by a resolution of
the City Council which modification may expand its scope to
encompass additional businesses, activities or operations.
7. Any violation of this ordinance is subject to a fine set by
resolution in compliance with the general penalty provision in
Section 10.99 of the City of Vermillion Municipal Code. Each day a
violation of this ordinance is allowed to occur is considered a
separate offense.
BE IT FURTHER ORDAINED, that, pursuant to SDCL 9-19-13, this ordinance
is necessary for the immediate preservation of the public peace, health,
safety, and welfare of the City and shall become effective immediately
upon passage.
Dated at Vermillion, South Dakota this 30th day of March, 2020.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
BY____________________________
John E. (Jack) Powell, Mayor
ATTEST:
BY______________________________
Michael D. Carlson, Finance Officer
Adoption of the Ordinance was seconded by Alderman Holland. Thereafter,
the question of the adoption of the Ordinance was put to a roll call
vote of the Governing Body and the members voted as follows: Collier-
Wise-Y, Hellwege-Y, Holland-Y, Humphrey-Y, Price-Y, Sorensen-Y, Ward-Y,
6
Willson-Y, Mayor Powell-Y. Motion carried 9 to 0. Mayor Powell declared
that the Ordinance has been adopted as an emergency and as such will
become effective immediately.
B. Resolution to establish a fee for a violation of Ordinance 1413
John Prescott, City Manager, reported that, with the adoption of
Ordinance No. 1413, Section 7 provides for a fine to be set by resolution.
John noted that most of the cities adopting this ordinance have
referenced that the violation is subject to the City’s fine section which
in most cases is $500 maximum fine and/or 30 days in jail with one city
at a $200 maximum. John noted that not establishing a fine by resolution
requires the court or City Attorney to determine the amount of the fine
levied should a violation occur. John stated that the most common fine
cost for City Code violations is $56.50 and with court costs of $62.50,
a violation would result in a total cost of $119. Discussion followed.
Josh from Dakota Brick House, asked about the timing of violations and
John Prescott reported that each day a violation is allowed to occur is
considered a separate offense. Discussion followed on the fine amount,
who is charged for the violation and if violators names would be
published. Alderman Collier-Wise noted that violations could be
considered when renewing an alcoholic beverage license.
77-20
After reading the same once, Alderman Holland moved adoption of the
following:
EMERGENCY RESOLUTION
ESTABLISHING A FINE FOR VIOLATION OF ORDINANCE 1413 TO ADDRESS A PUBLIC
HEALTH CRISIS BY IMPLEMENTING CERTAIN MEASURES WHICH HAVE BEEN DEEMED
NECESSARY TO SLOW THE COMMUNITY SPREAD OF COVID 19 (CORONAVIRUS)
WHEREAS, an outbreak of the COVID-19 disease, which is caused by the
novel coronavirus, has been confirmed in more than 100 countries,
including the United States; and
WHEREAS, the City Council has adopted an emergency Ordinance No. 1413 to
implement measures to slow the community spread of the COVID-19 virus;
and
WHEREAS, Ordinance No. 1413 provides that a fine be set by resolution
for any violation of the ordinance; and
7
WHEREAS, Ordinance No. 1413 was adopted as an emergency ordnance to
become effective after adoption this fine resolution shall be considered
an emergency to establish the fine for any violation.
NOW THEREFORE BE IT RESOLVED, by the Governing Body of the City of
Vermillion, South Dakota, at an emergency meeting thereof in the Council
Chambers of said City at 9:00 a.m. CDT on the 30th day of March, 2020,
that the fine for each violation be $56.50 plus court costs. (Fine $56.50
plus court costs of $62.50 for a total $119.00)
Dated at Vermillion, South Dakota this 30th day of March, 2020.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
By ________________________________
John E. (Jack) Powell, Mayor
Attest:
By ________________________________
Michael D. Carlson, Finance Officer
The motion was seconded by Alderman Ward. Discussion followed and the
question of the adoption of the Resolution was presented for a roll call
vote of the Governing Body with the roll call vote as follows: Collier-
Wise-Y, Hellwege-Y, Holland-Y, Humphrey-Y, Price-Y, Sorensen-Y, Ward-Y,
Willson-Y, Mayor Powell-Y. Mayor Powell declared the motion adopted.
6. Adjourn
78-20
Alderman Ward moved to adjourn the Council special session at 9:34 a.m.
Alderman Sorensen seconded the motion. A roll call vote of the Governing
Body was as follows: Collier-Wise-Y, Hellwege-Y, Holland-Y, Humphrey-Y,
Price-Y, Sorensen-Y, Ward-Y, Willson-Y, Mayor Powell-Y. Mayor Powell
declared the motion adopted.
Dated at Vermillion, South Dakota this 30th day of March, 2020.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
BY____________________________
John E. (Jack) Powell, Mayor
ATTEST:
BY___________________________________
Michael D. Carlson, Finance Officer
Published once at the approximate cost of ___________.
8
9
Agenda
City of Vermillion Council Agenda
9:00 a.m. Emergency Meeting
Monday, March 30, 2020
City Council Chambers
25 Center Street
Vermillion, South Dakota 57069
1. Roll Call
2. Pledge of Allegiance
3. Adoption of the Agenda
4. Visitors to be Heard
5. Public Hearing
a. Second Reading of Ordinance 1413 Implementation of Certain Emergency Measures to Slow the
Community Spread of COVID-19.
b. Resolution to establish a fine for a violation of Ordinance 1413.
6. Adjourn
Access the City Council Agenda on the web – www.vermillion.us
Addressing the Council: Persons addressing the Council shall use the microphone at the podium. Please raise your hand to be
recognized, go to the podium and state your name and address.
a. Items Not on the Agenda Members of the public may speak under Visitors to Be Heard on any topic NOT on the agenda. Remarks
are limited to 5 minutes and no decision will be made at this time.
b. Agenda Items: Public testimony will be taken at the beginning of each agenda item, after the subject has been announced by the
Mayor and explained by staff. Any citizen who wishes may speak one time for 5 minutes on each agenda item. Public testimony will
then be closed and the topic will be given to the governing body for possible action. At this point, only City Council members and staff
may discuss the current agenda item unless a Council member moves to allow another person to speak and there is unanimous consent
from the Council. Questions from Council members, however, may be directed to staff or a member of the public through the presiding
officer at any time.
Meeting Assistance: The City of Vermillion fully subscribes to the provisions of the Americans with Disabilities Act of 1990. If you
desire to attend this public meeting and are in need of special accommodations, please notify the City Manager's Office at 677-7050 at
least 3 working days prior to the meeting so appropriate auxiliary aids and services can be made available.
Council Meetings: City Council regular meetings are held the first and third Monday of each month at 7:00 p.m. If a meeting falls on
a City holiday, the meeting will be scheduled for the following Tuesday. The City Council typically has a Special Meeting on the first
and third Monday of each month at Noon.
Live Broadcasts of Council Meetings on Cable Channel: Regular City Council meetings are broadcast live on Cable Channel 3
Vermillion City Council’s Values and Vision
This community values its people, its services, its vitality and growth, and its quality of life and sees itself reinforcing and
promoting these ideals to a consistently increasing populace.
5. Public Hearings; item a
Council Agenda Memo
From: John Prescott, City Manager
Meeting: March 30, 2020
Subject: Second reading of Ordinance 1413 – Emergency ordinance to address
COVID-19
Presenter: John Prescott
Background: At an Emergency City Council meeting on Tuesday, March 24, the City
Council approved the first reading of Ordinance 1413. The ordinance places restrictions
on public gathering places such as bars and restaurants. The proposed ordinance was
amended during the meeting to include hair and nail salons, barber shops, and massage
facilities. Rapid City, Huron, Watertown, Brookings, and Yankton have or are in the
process of adopting a similar ordinance.
Discussion: The attached ordinance reflects the changes that the City Council made
during the course of the first reading. This version has been posted on the City’s website
and distributed through social media since Wednesday morning. Staff is proposing a
couple of clarifying changes that are noted in the attached version. One change has to do
with massage facilities. The phrase massage facilities is being suggested vs. massage
parlors. It has come to staff’s attention that some massage facilities have contracts with
the Veteran’s Administration to provide services as prescribed, required or recommended
by licensed medical providers. This clarifying language can be found in #2 and #5c.
A second change has to do with clarification of a fine for a violation of the ordinance.
Generally, the City Council has established a fine for the violation of an ordinance. The
standard language that references Section 10.99 of the City Code which allows for a
maximum fine of up to $500 was approved in the first reading of the ordinance. The
proposed adjustment would let the City Council establish a fine set by resolution in
accordance with Section 10.99 of the City Code. The City Council does not have to adopt
this language. Adopting it will allow the City Council to set the fine vs. the court system.
This item is addressed more completely with the next agenda item. No other changes
have been made to the ordinance since City Council approval of the first reading on
March 24, 2020. The City Attorney has reviewed the proposed language and has
determined that the changes are not substantial and that second reading can proceed.
5. Public Hearings; item a
Financial Consideration: Without information on the sales of each business or the length
of time this ordinance would be in place, the financial impact is difficult to determine.
Sales tax receipts and the BBB fund will be impacted.
Conclusion/Recommendations: Administration recommends that the City Council
thoughtfully review the proposed clarifications to Ordinance 1413 to implement
restrictions that best fit our community and help prevent the spread of COVID-19. A roll
call vote is required with the second reading of any ordinance.
ORDINANCE NO. 1413
AN EMERGENCY ORDINANCE TO ADDRESS A PUBLIC HEALTH CRISIS BY
IMPLEMENTING CERTAIN MEASURES WHICH HAVE BEEN DEEMED
NECESSARY TO SLOW THE COMMUNITY SPREAD OF COVID 19
(CORONAVIRUS).
WHEREAS, the City of Vermillion (City) has the authority pursuant to SDCL 9-29-1 and 9-32-1
to enact ordinances for the purpose of promoting the health, safety, morals, and general welfare,
of the community; and
WHEREAS, an outbreak of the COVID-19 disease, which is caused by the novel coronavirus, has
been confirmed in more than 100 countries, including the United States; and
WHEREAS, COVID-19 is a severe respiratory disease transmitted by person-to-person contact,
or by contact with surfaces contaminated by the virus that in some cases, especially among older
adults and persons with serious underlying health conditions, can result in serious illness requiring
hospitalization, admission to an intensive care unit, and death; and
WHEREAS, the World Health Organization (WHO), the Centers for Disease Control and
Prevention (CDC), and the Secretary of the United States Department of Health and Human
Services have declared the outbreak of COVID-19 as a public health emergency; and
WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency in
response to the global pandemic of COVID-19; and
WHEREAS, on the same day, Governor Kristi Noem, issued Executive Order 2020-04 which
declared a state of emergency to exist in the State of South Dakota in response to the spread of
COVID-19; and
WHEREAS, cases of COVID-19 have been confirmed in South Dakota; and
WHEREAS, the CDC and health experts have recommended social distancing to slow the spread
of COVID-19; and
WHEREAS, social distancing is a method of slowing down or stopping the spread of a contagious
disease by reducing the probability of contact between infected persons and those not infected in
order to minimize disease transmission; and
WHEREAS, in response to the need to implement social distancing, all schools in the state of
South Dakota have been closed for at least two weeks; and
WHEREAS, on March 16, 2020, the Trump Administration (White House) issued guidance
recommending that social gatherings of more than ten (10) people be avoided and that people avoid
eating or drinking at bars, restaurants, and food courts; and
WHEREAS, the guidance issued by the White House further recommended that in states with
evidence of community transmission, bars, restaurants, food courts, gyms, and other indoor and
outdoor venues where people congregate should be closed; and
WHEREAS, many states and communities across the country have already implemented the White
House recommendations by ordering all bars, restaurants, food courts, gyms, and other indoor and
outdoor venues where people congregate be closed until the public health emergency is over; and
WHEREAS, Governor Kristi Noem on March 23, 2020 issued an Executive Order that noted that
any South Dakota enclosed retail business that promotes public gatherings should suspend or
modify business practices as recommended by the CDC, and continue or consider business models
that do not involve public gatherings; and
WHEREAS, the failure to successfully implement social distancing will likely result in higher
numbers of infected individuals and has the potential to overwhelm the capacity of the City’s
health care providers; and
WHEREAS, it is important that control measures be taken to reduce or slow down the spread of
COVID-19 in order to protect the health and safety of the City’s residents, especially for seniors
and those with underlying health conditions that make them particularly vulnerable to COVID-19;
and
WHEREAS, while this ordinance cannot become legally effective until after the second reading
of an ordinance which must be at least five (5) days after the first reading of an ordinance due to
the requirements of state law, the City strongly urges all businesses to start voluntarily complying
with these regulations immediately.
NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the City of Vermillion
that:
1. Effective at 9:00 a.m. CDT Monday, March 30, 2020, all restaurants, food courts, coffee
houses, bars, breweries, distilleries, wineries, 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 lawful off-
site service should implement procedures to ensure social distancing and operation in
compliance with federal and state health guidance in order to prevent the spread of COVID-
19.
2. Effective at 9:00 a.m. CDT Monday, March 30, 2020, all recreational facilities, public
pools, health clubs, hair and nail salons, barber shops, spas, massage parlors facilities
unless providing prescribed, required, or recommended services as directed by a licensed
medical provider, athletic facilities, and theaters, including movie theaters, and music or
entertainment venues are directed to close and cease operations.
3. Effective at 9:00 a.m. CDT Monday, March 30, 2020, all hookah lounges, cigar bars,
vaping lounges or other similar businesses that allow for on-site consumption 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 #1 above.
4. Effective at 9:00 a.m. CDT Monday, March 30, 2020, all arcades, bingo halls, bowling
alleys, video lottery casino operations, indoor climbing facilities, skating rinks, trampoline
parks, and other similar recreational or entertainment facilities are directed to close and
cease operations.
5. The prohibitions and closures in this order do not apply to the following businesses,
activities or operations:
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, liquor stores, pharmacies, drug stores, and food pantries, other than
any portion of such business which offer on-site consumption which would be subject
to the requirements of #1 above.
b. Room service in hotels.
c. Health care facilities, residential care facilities, congregate care facilities, and
correctional facilities, and facilities providing medical, therapy, or rehabilitation
services as prescribed, required or recommended by a licensed medical provider.
d. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions.
e. Airport concessionaires.
f. Any emergency facilities necessary for the response to the current public health
emergency or any other community emergency or disaster.
g. Official meetings of the city, schools, county, or state.
h. The operations and meetings of any state, federal, or local governments or their courts.
i. Educational institutions and their related services under the governance of the Board of
Regents or local school boards to the extent permitted by the governing authorities.
j. Parks, trails, hike/bike path, and the Bluffs Golf Course.
6. This ordinance shall remain in effect for a period of sixty (60) days, at which time it shall
be automatically repealed unless specifically readopted for an additional period of time by
the City Council. At each regular City Council meeting during the sixty (60) day period or
at a special meeting called for consideration of this ordinance, the City Council will have
as an agenda item consideration of a resolution to suspend the provisions herein prior to
the end of the sixty (60) day period. Any restriction contained in this ordinance may be
modified at any time by a resolution of the City Council which modification may expand
its scope to encompass additional businesses, activities or operations.
7. Any violation of this ordinance is subject to a fine set by resolution in compliance with the
general penalty provision in Section 10.99 of the City of Vermillion Municipal Code. Each
day a violation of this ordinance is allowed to occur is considered a separate offense.
BE IT FURTHER ORDAINED, that, pursuant to SDCL 9-19-13, this ordinance is necessary for
the immediate preservation of the public peace, health, safety, and welfare of the City and shall
become effective immediately upon passage.
Dated at Vermillion, South Dakota this 30th day of March, 2020.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
BY____________________________
John E. (Jack) Powell, Mayor
ATTEST:
BY______________________________
Michael D. Carlson, Finance Officer
First Reading: March 24, 2020
Second Reading: March 30, 2020
Effective Date: March 30, 2020
5. Public Hearings; item b
Council Agenda Memo
From: John Prescott, City Manager
Meeting: March 30, 2020
Subject: Resolution adopting a fine for a violation of Ordinance 1413
Presenter: John Prescott
Background: Section 7 of Ordinance 1413 provides for a fine for those found in violation
of the ordinance. Each day a violation of the ordinance occurs is treated as a separate
violation. If the City Council did not specify in the language with the second reading of
Ordinance 1413 that the fine is set by resolution, this agenda item is not needed.
Discussion: Staff has attempted to contact the other communities that have or are in the
process of adopting a similar ordinance. Most of these cities are using the general
language which references that a violation is subject to the City’s fine section. Most of
the cities have a $500 maximum fine and/or 30 days in jail in their City Code. The State
in SDCL 9-19-3 and 22-6-2(2) establishes these parameters. One City has not updated
their maximum fine language so their fine is set at $200. Not establishing a fine by
resolution requires the court or City Attorney to determine the amount of the fine levied
should a violation occur. The most common fine cost for City Code violations is $56.50.
With court costs of $62.50, a violation would result in a total cost of $119.
Financial Consideration: Any fines collected for a violation would be added to the
General Fund.
Conclusion/Recommendations: Administration recommends approval of the Resolution
adopting a fine for the violation of Ordinance 1413.
EMERGENCY RESOLUTION
ESTABLISHING A FINE FOR VIOLATION OF ORDINANCE 1413 TO ADDRESS A
PUBLIC HEALTH CRISIS BY IMPLEMENTING CERTAIN MEASURES WHICH
HAVE BEEN DEEMED NECESSARY TO SLOW THE COMMUNITY SPREAD OF
COVID 19 (CORONAVIRUS)
WHEREAS, an outbreak of the COVID-19 disease, which is caused by the novel coronavirus,
has been confirmed in more than 100 countries, including the United States; and
WHEREAS, the City Council has adopted an emergency Ordinance No. 1413 to implement
measures to slow the community spread of the COVID-19 virus; and
WHEREAS, Ordinance No. 1413 provides that a fine be set by resolution for any violation of the
ordinance; and
WHEREAS, Ordinance No. 1413 was adopted as an emergency ordnance to become effective
after adoption this fine resolution shall be considered an emergency to establish the fine for any
violation.
NOW THEREFORE BE IT RESOLVED, by the Governing Body of the City of Vermillion,
South Dakota, at an emergency meeting thereof in the Council Chambers of said City at 9:00 a.m.
CDT on the 30th day of March, 2020, that the fine for each violation be $56.50 plus court costs.
(Fine $56.50 plus court costs of $62.50 for a total $119.00)
Dated at Vermillion, South Dakota this 30th day of March, 2020.
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
________________________________
John E. (Jack) Powell, Mayor
Attest:
________________________________
Michael D. Carlson, Finance Officer
Adopted: March 30, 2020
Effective: March 30, 2020
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