HomeMy WebLinkAboutEMERGENCY ORDINANCE 2021-01CITY OF BROOKLYN CENTER
ORDINANCE NO. 2021-01
AN EMERGENCY ORDINANCE REQUIRING THE USE OF FACE COVERINGS IN
PUBLIC BUILDINGS WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
ARTICLE I. Preamble. The City of Brooklyn Center, like the nation and the world, has been
struggling with the COVID-19 pandemic. The development and distribution of vaccines has
greatly reduced the numbers of infections, serious illnesses, and deaths from the virus. As a
result of these outcomes, Governor Walz ended the state's emergency declaration on July 1,
2021 and the City Council acted to end the City's local emergency declaration effective August
1, 2021. However, the recent and rapid spread in the Delta Variant has caused the number of
cases to spike and resulted in the CDC and the Minnesota Department of Health recommending
the wearing of masks in certain indoor public settings, even by those who are fully vaccinated.
The Minnesota Department of Health has gone further to also recommended local governments
consider imposing mask mandates since the state's emergency order is no longer in effect. In
response to the recent increase in cases, the Mayor declared a local health emergency on August
9, 2021 and the City Council determines it necessary to require the wearing of face coverings in
public buildings in order to protect the public health, safety, and welfare from this highly
transmissible form of the virus.
ARTICLE II. Legislative Findings. The Brooklyn Center City Council hereby finds and
determines as follows:
(a) As a result of the spread of the Delta Variant, the CDC and the Minnesota Department of
Health have recommended that face coverings be worn in public, indoor settings in those
areas where the spread of the virus is classified as having substantial or high transmission
regardless of vaccination status.
(b) Hennepin County recently moved from a substantial transmission area to a high transmission
area, and so is subject to the face covering recommendations.
(c) There are those within the community with underlying health conditions that are particularly
at risk from the virus and this recent variant.
(d) Date collected by the state shows that commues of color are testing positive, being
hospitalized, and are being placed in ICUs due to the virus at greater rates compared to the
overall population.
(e) The Delta Variant of the virus presents a serious health risk to the residents of Brooklyn
Center as it is highly transmissible and can infect and be transmitted by those who have been
fully vaccinated.
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(f) Following the recommendations of federal and state health authorities is appropriate in this
new stage of the pandemic to help reduce the spread of the virus.
(g) This emergency ordinance is enacted in accordance with Section 3.06 of the City Charter to
protect the health, safety, and welfare of those within the City against the enhanced risks
resulting from the Delta Variant of the COVID-19 virus.
ARTICLE III. Face Coverin�quirement.
Section 1. Definition. For purposes of this ordinance, the following terms shall have the
meaning given them in this section.
(a) "City" means the City of Brooklyn Center.
(b) "Face covering" means a manufactured or homemade cloth covering that fully covers an
individuai's nose and mouth. The terms "mask" and "face covering" are synonymous.
(c) "Public building" means any building within the City of Brooklyn Center that is:
(1) Owned by the City;
(2) A school meeting the definition of a kindergarten, elementary school, middle
school, or secondary school under Minnesota Statutes, section 120A.05; or
(3) Owned or operated by a governmental entity that is subject to provisions of this
ordinance.
Section 2. Face Coverin�quired. Except as exempted by Section 3 of this ordinance, during
times when Hennepin County is classified as being either a substantial or high transmission area
by the CDC COVID Data Tracker, all individuals, including City employees, must wear a face
covering when within a public building.
Section 3. Exemptions. The requirement to wear a face covering in a public building does not
apply to:
(a) Children younger than two (2) years of age.
(b) Individuals unable to wear a mask due to medical, disability, or developmental reasons,
including those who have trouble breathing.
(c) Individuals unable to remove their face covering without assistance.
(d) Individuals speaking to someone who is deaf or hard of hearing, if the mouth must be
visible to communicate effectively.
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Section 4. Required si�nage. Owners of public buildings subject to Section 2 of this ordinance
must post signage at'all public entrances to the buildings notifying the public that face coverings
are required pursuant to Brooklyn Center ordinance.
Section 5. Enforcement. Violation of this ordinance is not a criminal offense. However, any
individual who fails to comply with this order may be asked to leave by an authorized
representative of the owner of the public building. If the individual refuses to leave, law
enforcement may enforce trespassing laws or any other law the individual may violate. The
owner of a public building may rely on an individual's statements if the person claims to be
exempt from the ordinance due to medical, disability, or developmental reasons.
Section 6. Effect. This emergency ordinance supersedes inconsistent or conflicting provisions
of the City Code and any resolution or ordinance while this emergency ordinance remains in
effect.
Section 7. Duration. This emergency ordinance is effective as of 11;59 p.m. on August 9, 2021.
The ordinance will expire on the earlier of the following:
(1) Sixty-one (61) days after its effective date;
(2) Upon repeal of this ordinance by the City Council; or
(3) The enactment of a statewide emergency order by Governor Waiz requiring face
coverings in indoor areas.
Adopted this 9th day of August 2021 by a unanimous vote of the council members present.
ATTEST:
City Cleric
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