HomeMy WebLinkAboutEMERGENCY ORDINANCE 2021-04CITY OF BROOKLYN CENTER
ORDINANCE NO. 2021-04
AN EMERGENCY ORDINANCE RENEWING THE REQUIREMENT TO USE 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 Council previously acted on August 9, 2021 to adopt an
emergency ordinance (Emergency Ordinance No. 2021-01) to require the use of face coverings in
public buildings within the City of Brooklyn Center ("City"). The emergency ordinance was based
on a preamble and several legislative findings related to the spread of the Delta Variant of the
COVID4 9 virus. The emergency conditions described in the preamble and findings remain true
and are adopted and incorporated herein by reference. Hennepin County continues to be a high
transmission area and the CDC and Minnesota Department of Health continue to recommend the
wearing of face coverings by both the vaccinated and unvaccinated in indoor settings. Furthermore,
since the adoption of the original emergency ordinance and its first continuance, the world has
become aware of the Omicron Variant that has been found in Minnesota and initial reports is that
it may be even more easily spread than the Delta Variant. Section 3.06 of the City Charter allows
the adoption of an emergency ordinance for the immediate preservation of the public peace, health,
morals, safety, or welfare. Such ordinance can remain in effect for up to 60 days and then may be
re-enacted by the City Council. The City Council determines the risks to public safety that
necessitated the adoption of the emergency ordinance on August 9, 2021, and as amended on
August 16, 2021, remain and, therefore, it is necessary for the City Council to re-enact the
requirement to use face coverings in public buildings within the City.
ARTICLE II. Face Covering Requirement.
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
individual'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
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(3) Owned or operated by a governmental entity that is subject to provisions of this
ordinance.
Section 2. Face Covering Required. 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.
(e) In a situation where it is not reasonably feasible, or potentially dangerous, to wear a face
covering, such as when eating, drinking, swimming, engaging in strenuous physical
activity, or when presenting at a meeting or other gathering.
When people gather indoors in situations where face coverings are not required under one of the
exemptions, social distancing or other safety measures shall be utilized to the greatest extent
reasonably possible to help prevent the spread of COVID-19.
Section 4. Required Signage. 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
A 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 immediately and will expire on the
earlier of the following:
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(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 Walz requiring face
coverings in indoor areas.
Adopted this 9day %J December 2021 by a unanimous vote of the council members present.
ATTEST:
City Clerk
Date of Publication :December 16, 2021
Elliott, Mayor
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