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HomeMy WebLinkAboutOrd2021-003 - Failed FAILED Sponsored by: Regis IntroductionKA Date: February 22, 2021 Public Hearing Date: February 22, 2021 Enactment Date: February 22, 2021 CITY OF SEWARD,ALAS EMERGENCY ORDINANCE 2021-003 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, TEMPORARILY ADOPTING CITY COUNCIL EMERGENCY REGULATIONS REQUIRING FACIAL COVERINGS INSIDE BUILDINGS OPEN TO THE PUBLIC IN RESPONSE TO THE RAPID INCREASE IN COVID-19 CASES WITHIN THE CITY OF SEWARD WHEREAS, the United States Center for Disease Control and Prevention (CDC) has identified COVID-19 as a significant public risk; and WHEREAS, on March 11, 2020, and November 6, 2020 Governor Dunleavy issued declarations of public health disaster emergency in response to the outbreak of COVID-19 within Alaska's communities, and WHEREAS, the Seward City Council previously 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,the City of Seward experienced a sudden and substantial increase in COVID- 19 positive cases the end of June and additional regulations with Emergency Ordinance 2020-008 was approved in response; and WHEREAS,though the community saw a decrease in COVID-19 cases between August and September 2020, cases are now increasing with the Kenai Peninsula Borough reporting 11 cases in Seward since January 31, 2021, and WHEREAS, on November 6, 2020, Governor Dunleavy issued a further disaster declaration that will take effect starting November 16,2020; and WHEREAS,on November 12, 2020, Governor Dunleavy issued an emergency statement finding that the current escalation of COVID-19 infections among front-line workers, including healthcare staff, first responders, and servicemembers and their support crews, as an imminent threat to the safety of Alaskans. and urging Alaskans to wear face masks when social distancing is not possible and to maintain social distancing by staying six feet apart from all non-household members, and CITY OF SEWARD,ALASKA ORDINANCE 2021-003 WHEREAS, on January 12, 2021, Department of Health and Social Services Commissioner, Adam Crum, certified that Alaska is currently experiencing a severe statewide outbreak of COVID-19, and will continue to do so, without immediate intervention, which includes the distribution of vaccines; and WHEREAS, on January 12, 2021, Alaska has had over 47,000 confirmed cases and 222 deaths, and in January 2021, a new strain of the SARS-CoV-2 was identified as being more contagious than the original strain, and is spreading in the United States; and WHEREAS, on January 15, 2021, Governor Dunleavy issued Emergency Declaration: CO V I D-19 Outbreak Health Order No. 8, Intrastate Travel, and WHEREAS,this Emergency Ordinance is Administration's attempt to continue the City's good efforts to reduce the spread of the coronavirus and keep our community open, and WHEREAS, City Council finds the temporary implementation of social distancing and facial covering regulations necessary to preserve the public health and safety and slow the spread of COVID-19 within Seward's borders; and WHEREAS, according to the CDC, in-person gatherings where it is difficult for individuals to remain spaced six feet apart and attendees include friends and family members from outside an immediate household currently pose the highest risk of COVID-19 transmission; and WHEREAS, the World Health Organization indicated in a scientific brief published March 29, 2020 that COVID-19 is spread primarily by respiratory droplets produced when an infected person coughs or sneezes; and WHEREAS,the CDC recommends wearing face coverings in public settings where other social distancing measures are difficult to maintain and acknowledges that a significant portion of individuals with coronavirus are asymptomatic but can still spread COVID-19 to others; and WHEREAS,the CDC issued a scientific brief updated on November 10,2020 identifying multiple scientific studies and investigations that"have confirmed the benefit of universal masking in community level analyses" each of which "demonstrated that, following directives from organizational and political leadership for universal masking, new infections fell significantly" which can be found at the following internet address: https://www.cdc.gov/coronavirus/2019- ncov/more/masking-science-sars-cov2.html and, WHEREAS, requiring individuals to comply with federal and state medical guidance regarding facial coverings and additional social distancing restrictions is necessary to preserve public health and safety during the COVID-19 pandemic; and CITY OF SEWARD,ALASKA ORDINANCE 2021-003 WHEREAS, the City acknowledges the importance of every individual' s constitutional right to privacy and due process,but finds the regulations included in this Ordinance to be narrowly tailored, both in duration and scope, to preserve these constitutional rights while protecting the public from an immediate threat to life and safety; and WHEREAS, the affirmative vote of all members present at the city council meeting at which this ordinance is considered or the affirmative vote of five members of the city council whichever is less is required for enactment of this emergency ordinance. NOW,THEREFORE,THE CITY OF SEWARD ORDAINS: Section 1.Emergency Declaration.Pursuant to SCC 2.15.040,Council declares that a state of emergency continues to exist that requires immediate action by Council to preserve public health,welfare, and safety of the Seward community and protect it from the spread of COVID-19. Section 2. City Council hereby adopts the following temporary emergency regulation, which shall be entitled City Council Emergency Regulation: Council Emergency Regulation: Except as otherwise provided in this regulation, all individuals in Seward must wear a mask or covering over their nose and mouth in buildings open to the public when they cannot maintain six feet of space between themselves and individuals outside their household. Individuals four and under, individuals with trouble breathing, and individuals with a medical condition that prevents them from wearing a covering over their nose and mouth are exempt from this regulation. Facial coverings need not be worn when: 1. Individuals are alone or only with members of their household; 2. Individuals are eating or drinking in compliance with State of Alaska public recommendations. However, facial coverings must be worn in public establishments when not actively eating or drinking; or 3. Individuals are receiving lawful services that cannot be adequately performed while the recipient is wearing a facial covering. 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 February 23, 2021 and shall remain in effect for sixty(60) days through April 24, 2021, or until the declaration of emergency regarding COVID-19 expires without renewal. CITY OF SEWARD, ALASKA ORDINANCE 2021-003 torsi ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 22nd day of February, 2021. THE CITY OF SEWARD, ALASKA FAILED Christy Terry, Mayor AYES: McClure, Osenga NOES: Casagranda, Baclaan, Seese, DeMoss, Terry ABSENT: None ABSTAIN: None ATTEST: Brenda J. Ballou, MMC wiJ City Clerk (City Seal)