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Home My WebLink AboutOrd2020-007 - Failed FAILED Sponsored by: Council Members Crites&Osenga Introduction Date: June 22,2020 Public Hearing: June 22,2020 Enactment Date: June 22,2020 CITY OF SEWARD,ALASKA EMERGENCY ORDINANCE 2020-007 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, REQUIRING INDIVIDUALS TO WEAR PROTECTIVE FACIAL COVERINGS WHEN WITHIN SIX FEET OF INDIVIDUALS OUTSIDE THEIR HOUSEHOLD, EXCEPT WHEN CERTAIN EXEMPTIONS ARE MET OR INDIVIDUALS ARE EATING, DRINKING, OR GIVING OR RECEIVING SERVICES THAT CANNOT BE PERFORMED WHILE WEARING A FACIAL COVERING WHEREAS, the United States Center for Disease Control and Prevention (CDC) has identified Coronavirus Disease 2019(COVID-19) as a significant public risk; and WHEREAS, on March 11, 2020, Governor Dunleavy issued a declaration of public health disaster emergency in response to the anticipated outbreak of COVID-19 within Alaska's communities; and WHEREAS, the City of Seward also declared a local emergency as a result of the COVID-19 outbreak; and WHEREAS, on April 9, 2020, President Donald J. Trump declared that a statewide emergency exists in Alaska; and WHEREAS, on March 29, 2020, the World Health Organization indicated in a scientific brief that COVID-19 is spread primarily by respiratory droplets produced when an infected person coughs or sneezes; and WHEREAS, the CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain, and acknowledges that a significant portion of individuals with COVID-19 are asymptomatic,but can still spread the virus to others; and WHEREAS, the Alaska Department of Health and Social Services "highly recommends that all Alaskans wear a cloth face covering in public settings where other social distancing measures are difficult to maintain"; and WHEREAS, City Council finds that it is very difficult to maintain social distancing requirements identified by the CDC and Alaska's chief medical officer in certain circumstances, and that the use of facial coverings by the public will protect the City's most vulnerable populations from COVID-19; and CITY OF SEWARD,ALASKA EMERGENCY ORDINANCE 2020-007 WHEREAS, requiring individuals to comply with federal and state medical guidance regarding facial coverings is necessary to preserve public health and safety during the COVID- 19 pandemic; and WHEREAS, the City acknowledges the importance of every individual's Constitutional right to privacy and due process, but finds that the facial covering regulation is narrowly tailored to preserve these Constitutional rights while protecting the public from an immediate threat to life and safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Emergency Declaration. Pursuant to SCC 2.15.040, Council declares that a state of emergency exists that requires immediate action by City Council to preserve the public health, welfare, and safety of the Seward community and protect it from the spread of COVID- 19. Section 2. City Council Emergency Regulation No. 2. Council hereby adopts the following temporary emergency regulation, which shall be entitled City Council Emergency Regulation No. 2: Council Emergency Regulation No. 2: Except as otherwise provided in this regulation, all individuals in Seward must wear a facial covering over their nose and mouth when inside city-owned buildings open to the public. The City Council strongly recommends that businesses operating in the city require individuals to wear facial coverings when they cannot maintain six feet of space between themselves and individuals outside their household. Individuals under the age of four, individuals with trouble breathing, and individuals with a medical condition that prevents them from wearing a facial covering over their nose and mouth are exempt from this regulation. Section 3. Codification. This ordinance is an emergency ordinance, is not permanent in nature, and shall not be codified. Section 4. Effective Date. This ordinance shall take effect on the day it is enacted and shall remain in effect for sixty (60) days in accordance with SCC 2.15.040 or until the declaration of emergency regarding COVID-19 expires without renewal. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 22nd day of June,2020. CITY OF SEWARD,ALASKA EMERGENCY ORDINANCE 2020-007 THE CITY OF SEWARD, ALASKA FAILED Christy Terry, Mayor AYES: Butts NOES: Baclaan, McClure, Osenga, Seese,Crites,Terry ABSENT: None ABSTAIN: None ATTEST: FAILED Brenda J. Ballou, MMC City Clerk (City Seal) COUNCIL AGENDA STATEMENT Meeting Date: June 22, 2020 To: City Council From: Councilmember Crites and Councilmember Osenga Agenda Item: Emergency Ordinance 2020-007—Facial Coverings BACKGROUND &JUSTIFICATION: The Center for Disease Control (CDC) has repeatedly recommended individuals wear cloth facial coverings to slow the spread of COVID-19. Public health officials throughout the nation have echoed the CDC's recommendations, leading many states and local jurisdictions to require facial coverings to combat COVID-19. States currently requiring members of the public to wear facial coverings include Illinois, Utah, Maine, Maryland, Michigan, Massachusetts, New Jersey, New York, and Rhode Island. Many other states, like Alaska, recommend the use of facial coverings by the public when social distancing measures are difficult to maintain and require certain employees to wear facial coverings when interacting with the public. Several Alaska municipalities have adopted facial coverings requirements or strong recommendations as well. While initially the CDC and other healthcare professionals were uncertain about the effectiveness of cloth facial coverings in preventing the spread of COVID-19, the benefits of these coverings have become increasingly clear as the nation combats this pandemic. On June 10, 2020, more than 200 Alaska healthcare workers signed a letter to Governor Dunleavy requesting the State require facial coverings in public places. Currently, COVID-19 cases in Alaska are sharply increasing. The ability to maintain proper social distancing is becoming increasingly more difficult with the influx of summer visitors and workers. Despite strong encouragement from Council members, and the State of Alaska, individuals continue to frequent crowded places such as the grocery store without facial coverings. The facial covering requirement adopted via this Ordinance could save lives and preserve the health and safety of Seward residents and visitors in a very direct way. Under the proposed Ordinance, individuals do not need to wear facial coverings when shopping, playing outside, walking their dogs, boating, fishing, hiking, biking, running or engaging in any activity so long as the activity can be done while maintaining six feet of space between the individual and others who are not members of that individual's household. Similarly, visitors and residents are not required to wear facial coverings while eating or drinking. This ensures that the public is able to visit eating and drinking establishments, which are open for business under State of Alaska public health mandates. Additionally, individuals under the age of four, individuals with trouble breathing, and individuals with medical conditions that prevent them from wearing a cloth covering over their nose and mouth are exempt from the regulation. Individuals also do not need to wear a facial covering if doing so would interfere with the receipt or delivery of services allowed by State of Alaska public health mandates. For example, an 0092251 1.DOCX individual does not need to wear a mask while giving a speech, receiving dental care, receiving facial cosmetic or aesthetic services, singing or playing an instrument. Under this regulation, an individual may use any type of cloth covering so long as it covers their nose and mouth, including but not limited to bandanas, cloth masks, scarves, masks with plastic or vinyl inserts, and gaiters. The commentary to the proposed regulation attempts to provide the public clear guidance on how and when facial coverings are required. INTENT: The intent of the Ordinance is to adopt a facial covering requirement that protects the health and safety of all Seward visitors and residents from COVID-19 while also ensuring that facial coverings are only required when needed. CONSISTENCY CHECKLIST: Yes No N/A Comprehensive Plan (document source here): Comprehensive Plan: 1.3.1 -Economic Development 2.2.7- Community Partnerships X 2.2.8-City Government 2.2.11 Economic Base 3.1 Economic Development Strategic Plan (document source here) : X Page 5-Economic Base Other (list): X FISCAL NOTE: There is no financial expenditure impact associated with this Ordinance. Approved by Finance Department: ATTORNEY REVIEW: Yes X No RECOMMENDATION: Introduce and approve Emergency Ordinance 2020-007. If the Ordinance is adopted, Sponsors also recommend that a motion be made directing the City Manager to develop information and guidance materials for the public regarding the adoption of the requirement and the use of facial coverings. 0092251 1.DOCX