Ordinance No. 1212
AN EMERGENCY ORDINANCE TO ADDRESS A PUBLIC HEALTH CRISIS BY IMPLEMENTING CERTAIN MEASURES WHICH HAVE BEEN DEEMED NECESSARY TO SLOW THE COMMUNITY SPREAD OF CORONAVIRUS (COVID-19).
WHEREAS, the City of Hot Springs has the authority pursuant to SDCL 9-29-1 and SDCL 9- 32-1 to pass ordinances for the purpose of promoting the health, safety, morals, and general welfare, of the community, and to do what may be necessary for the promotion of health or the suppression of diseases; and
WHEREAS, an outbreak of the disease COVID-19, which is caused by the novel coronavirus, has been confirmed in more than 190 countries and territories, 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. In some cases, especially among older adults and persons with serious underlying health conditions, COVID-19 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 U.S. 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 in Fall River County; 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 until May 1, 2020; and
WHEREAS, on March 16, 2020, the White House issued guidance recommending that social gatherings of more than ten 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, 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 seniors and those with underlying health conditions that make them particularly vulnerable to COVID-19; and
WHEREAS, on March 26, 2020, the Hot Springs City Council met in an emergency meeting at 6:00 pm to discuss the COVID-19 Pandemic and local public health issues and considerations, and take further action relating to the COVID-19 Pandemic; and,
WHEREAS, on March 26, 2020, the Hot Springs City Council approved ORDINANCE 1212, declaring the existence of a health emergency in the City of Hot Springs as a result of COVID-19
NOW THEREFORE, BE IT ORDAINED, by the City Council of Hot Springs that:
1. At 6:00 pm, April 9, 2020, all restaurants, food courts, coffee houses, bars, breweries, 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 shall implement procedures to ensure social distancing and operate in compliance with federal and state health guidance in order to prevent the spread of COVID-19.
2. At 6:00 pm, April 9, 2020, all, churches, recreational facilities, public pools, health clubs, athletic facilities and theaters, including movie theaters and music or entertainment venues in which more than ten (10) people to include employees are gathered or permitted to gather in the facility, are directed to close and cease operations during this emergency.
3. At 6:00 pm, April 9, 2020, all 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 paragraph #1.
4. At 6:00 pm, April 9, 2020, all arcades, bingo halls, bowling alleys, casinos, and other similar recreational or entertainment facilities in which more than ten (10) people to include employees are gathered or permitted to gather in the facility are directed to close and cease operations during this emergency.
5. At 6:00 pm, April 9, 2020, all other retail and service businesses in which more than ten (10) people to include employees are gathered or permitted to gather in the facility are directed to close and cease operation.
6. The prohibitions and closures in this order do not apply to the following businesses:
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 offer on-site consumption which would be subject to the requirements of paragraph #1.
b. Hardware and supply stores
c. Room service in hotels.
d. Health care facilities, residential care facilities, congregate care facilities, and correctional facilities.
e. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions.
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 or federal courts.
However, owners, operators, and managers shall implement CDC recommendations, to include social distancing and sanitization guidelines, in their place of business, until the expiration of this emergency order.
7. Any violation of this ordinance is subject to the general penalty provisions applicable to all other violations of the Hot Springs City Ordinances.
8. Each day a violation of this ordinance is allowed to occur is considered a separate offense committed by the person(s) in charge of the facility in violation.
9. This Ordinance shall apply to all persons, facilities, and locations within the City of Hot Springs.
10. This ordinance shall remain in effect until May 31, 2020, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council. Any dates identified in the ordinance for closures to automatically end may be adjusted at any time within the sixty (60) day period covered by this ordinance by an action of the City Council. Additionally, while this ordinance is in effect, it may be amended, suspended, reinstated, or repealed by a Resolution of the Hot Springs City Council.
11. This Ordinance shall not supersede any declarations, laws, or emergency proclamations of the Federal or State government.
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 this 1st day of April 2020
George Kotti, Mayor
Misty Summers-Walton, Finance Officer
First Reading: 4/1/20
Second Reading: 4/6/20
Effective: 4/9/20-declared emergency
Published once at the total approximate cost of $11.16
Published: April 9, 2020