City Edgemont Common Council
May 12, 2020
Call To Order – Roll Call: Council President, Carla Schepler, called the special meeting of the Edgemont Common Council to order at 12:00 p.m. on May 12, 2020, at Edgemont City Park. Present were Council members, Roger Horton, Jason Shook and Robert Worden.
Pledge of Allegiance was stated.
Conflict of Interest for Council Members: No conflicts were heard.
Approval Of Agenda: Jason Shook made a motion to approve the May 12, 2020 agenda. Motion seconded by Roger Horton. Motion passed with unanimous vote.
Ordinance 2020-5-5-3 – Emergency Health Crisis – Second Reading: Jason Shook made a motion to approve Ordinance 2020-5-5-3 – Emergency Health Crisis. Motion seconded by Robert Worden. Motion passed with unanimous roll call vote.
Ordinance No. 2020-5-5-3
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 Edgemont has the authority pursuant to SDCL 9-29-1 and 9-32-1 to pass ordinances for the purpose of promoting the health, safety, morals and general welfare of the community and the promotion of health and the suppression of disease; and
WHEREAS, an outbreak of the disease COVID-19, 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. 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, the President of the United States declared a national emergency in response to the global pandemic of COVID-19; and
WHEREAS, on the same day, Governor Kristi Noem, declared a state of emergency to exist in the State of South Dakota in response to the spread of COVID-19 by issuing Executive Order 2020-04, which has been extended by Executive Order 2020-15 until its expiration on May 31, 2020; and
WHEREAS, Governor Noem issued Executive Order 2020-20 on April 28, 2020, requiring local governments to follow the Plan for their respective jurisdictions; and
WHEREAS, cases of COVID-19 have been confirmed in several counties in South Dakota, including 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 have been closed for the remainder of the school year; 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 regional 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 of Edgemont’s residents, especially for seniors and those with underlying health conditions that make them particularly vulnerable to COVID-19.
NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Edgemont that:
1. Effective at 1:00 p.m. on May 12, 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, may open to on-site/on-sale patrons. They shall suspend or modify business practices as recommended by CDC guidance when ten (10) or more people, to include employees, are in an enclosed space where physical separation of at least six (6) feet is not possible. These businesses shall consider offering business models that do not involve public gatherings including take-out, delivery, curb-side service, drive-thru, off-site service, social distancing models, or other innovative business practices that do not involve public gatherings in an enclosed space. 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. Effective at 1:00 p.m. on May 12, 2020, all churches, recreational facilities, public pools, health clubs, athletic facilities and theaters, including movie theaters and music or entertainment venues shall suspend or modify their business practices as recommended by CDC guidance when ten (10) or more people, to include employees, are in an enclosed space where physical separation of at least six (6) feet is not possible. Consumption of food or beverages in conjunction with the operation and under the conditions of paragraph #1 is allowed.
3. Effective at 1:00 p.m. on May 12, 2020, all arcades, bingo halls, bowling alleys, casinos, and other similar and recreational or entertainment facilities shall suspend or modify their business practices as recommended by CDC guidance when ten (10) or more people, to include employees, are in an enclosed space where physical separation of at least six (6) feet is not possible. Consumption of food or beverages in conjunction with the operation and under the conditions of paragraph #1 is allowed.
4. Effective at 1:00 p.m. on May 12, 2020, all other retail and service businesses shall suspend or modify their business practices as recommended by CDC guidance when ten (10) or more people, to include employees, are in an enclosed space where physical separation of at least six (6) feet is not possible. Consumption of food or beverages in conjunction with the operation and under the conditions of paragraph #1 is allowed.
5. This Ordinance shall remain in effect for a period of thirty (30) days, 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 thirty (30) day period covered by this Ordinance by a Resolution of the City Council.
6. Anyone in violation of this ordinance is subject to a fine in the amount of two hundred dollars ($200.00) or imprisonment not exceeding thirty (30) days or by both such fine and imprisonment pursuant to Section 01.04.00 of the Edgemont City Ordinance Code and SDCL 9-19-3. In addition, any person or business entity violating this ordinance may be enjoined from continuing the violation. Notwithstanding the above penalties, any violation of this emergency ordinance by any business licensed under SDCL Title 35 shall, following a hearing as required by SDCL 35-2-11.1, result in a mandatory recommendation to the South Dakota Secretary of Revenue that such business’s license be suspended or revoked for such violation. In the event that the hearing requirement of SDCL 35-2-11.1 is waived or otherwise suspended pursuant to gubernatorial action pursuant to SDCL 34-48A-5, then such recommendation will be made without a hearing. Each day a violation of this ordinance is allowed to occur is considered a separate offense.
7. All prior Resolutions and Ordinances which conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
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 Town and shall become effective immediately upon passage.
Dated this 12th day of May 2020.
City of Edgemont
Carla Schepler, Mayor
Karen S Cain, Finance Officer
First Reading: May 5, 2020
Second Reading: May 12, 2020
Effective: May 12, 2020
Adjournment: Jason Shook made a motion to adjourn at 12:03 p.m. Motion was seconded by Roger Horton. Motion carried with unanimous vote.
The next regular City Council meeting will be held May 19, 2020 at 7:00 p.m.
Carla Schepler, Mayor
/s/Karen S Cain
Karen S Cain, Finance Officer
Published once at the total approximate cost of $115.29
Published: May 21, 2020