Though unanimous approval was given, Emporia City Commissioners appeared torn Wednesday afternoon when it came to a mandatory mask mandate within the city of Emporia.
The mandate was a last-minute adjustment to the commission’s action agenda Wednesday morning, something that did not sit well with some members of the commission. Commissioner Becky Smith originally pushed to have the item tabled to next week, allowing more time for research.
Smith stated that receiving and approving an ordinance of this magnitude in the same day made her “nervous.”
Commissioner Rob Gilligan countered the argument begging the question, “what would change between now and then?”
While commissioners seemed to disagree on certain points, all agreed that this is a decision they feel should have never been up to them. Brinkman, like many other commissioners, felt this is not a decision that should have been placed in the city’s hands.
Commissioner Jon Geitz agreed with this sentiment saying the ordinance “never should have gotten all the way down to the city commission.” Geitz added during the commissioner comment period of the meeting that, despite some disagreement, he was very proud of how the commission handled the situation.
The ordinance requires people to wear face masks or face coverings in certain circumstances, including indoor and outdoor public places where social distancing can’t be maintained and any time residents are receiving healthcare services. This also requires businesses, organizations and non-profit agencies to require employees to wear face coverings in any spaces visited by the public, any space where food is prepared or packaged and any business space where social distancing can’t be maintained.
Customers, visitors and community members need to wear face coverings inside facilities operated by businesses or organizations. The ordinance will be enforceable by Emporia Police once it’s officially published. Fines are $25, $50 or $100 based on the number of convictions.
Interim Emporia Police Chief Ed Owens says he is concerned that the new ordinance may see the Lyon County Emergency Communications Center inundated with non-emergent calls from local community members. Owens asks residents to familiarize themselves with the new ordinance in order to avoid a situation such as this.
Commissioners did add language to subsections B2A and B2C of the ordinance clarifying the mandate of masks in situations where social distancing cannot be maintained. The ordinance will go into effect following publication within the coming days and is set to expire Wednesday, Sept. 16 at which time commissioners will either renew or allow the ordinance to expire altogether.
Discussion and approval of the ordinance followed similar action on an incentive compliance agreement with S&S Quality Meats and Smoots Enterprises for the construction of a 42,000 sq ft building as part of the relocation efforts for Fanestil Meats. Construction on the project is expected to be completed 12 months after construction begins and will cost over $8.4 million.
In other business, commissioners approved project allocations for CARES Act and SPARK funding through Lyon County, the state and federal government for COVID-19 relief efforts. Commissioners also approved an ordinance to vacate part of Road K as part of a runway expansion for the Municipal Airport as well as a planned unit development at 2910 West Highway 50 and rezoning of property at 210 South Lawrence to accommodate for a new USD 253 early learning center.
The Emporia City Commission will reconvene next Wednesday inside the Municipal Courtroom at White Auditorium.
3:30 pm Wednesday: CORONAVIRUS: Emporians told to mask up as City Commission approves ordinance for certain public settings
Mask up, Emporia.
Emporia city commissioners have unanimously approved an ordinance that requires the use of face masks or face coverings in certain public situations.
The ordinance requires people to wear face masks or face coverings in certain circumstances, including indoor and outdoor public places where social distancing can’t be maintained and any time residents are receiving healthcare services. This also requires businesses, organizations and non-profit agencies to require employees to wear face coverings in any spaces visited by the public, any space where food is prepared of packaged and any business space where social distancing can’t be maintained. Customers, visitors and community members need to wear face coverings inside facilities operated by businesses or organizations.
This is enforceable once it’s officially published. Fines are $25, $50 or $100 based on the number of convictions.
This a developing story. Details are coming shortly on KVOE.com.
Text of the Emporia mask ordinance
AN ORDINANCE OF THE CITY OF EMPORIA, KANSAS CREATING NEW CITY CODE SECTION 16-266 REQUIRING INDIVIDUALS TO WEAR MASKS OR OTHER FACE COVERINGS IN CERTAIN CIRCUMSTANCES
WHEREAS, the governing body of the City of Emporia prioritizes the protection of the health, safety, welfare and economic well-being of residents and visitors of the City of Emporia; and
WHEREAS, the spread of COVID-19 in the City of Emporia has resulted in illness, quarantines, school closures, and temporary closure of business resulting in lost wages and financial hardship; and
WHEREAS, the United States Departments of Health and Human Services declared a public health emergency for COVID-19 beginning January 27, 2020, with now more than 4,698,818 cases of illness and more than 155,205 deaths as a result of the illness across the United States; and
WHEREAS, the World Health Organization declared a pandemic on March 11, 2020; and
WHEREAS, a State of Disaster emergency was proclaimed for the State of Kansas on March 12, 2020; and
WHEREAS, on March 13, 2020, the President of the United States declared the ongoing COVID-10 pandemic of sufficient severity and magnitude to warrant an emergency declaration for all states, tribes, territories, and the District of Columbia pursuant to Section 50 1 (b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121-5207 (the “Stafford Act”); and
WHEREAS, as of this date, in Kansas there have been 28,876 reported positive cases of COVID-19 spread among 103 counties, including 365 deaths; and
WHEREAS, after a steady trend of decreasing metrics, recent weeks have seen the numbers of COVID-19 cases, hospitalizations, and deaths spike in Kansas and across the nation; and
WHEREAS, this trend of increased COVID-19 spread is a danger to the health and safety of residents and visitors to the City of Emporia, and also presents a serious threat to reopening and reviving the City’s economy; and
WHEREAS, wearing a mask in public is the easiest and most effective way to protect each other and keep our businesses open and our economy running; and
WHEREAS, the City of Emporia must remain flexible to account for the evolving nature and scope of the unprecedented public health emergency posed by COVID-19, while also simultaneously safely, strategically, and incrementally reopening business and facilitating economic recovery and revitalization; and
WHEREAS, for the aforementioned and other reasons, the governing body of the City of Emporia is acting pursuant to its constitutional home rule authority to provide for the health, safety, welfare, and economic well-being of residents and visitors of the City of Emporia by requiring that masks or other face coverings be worn as described in this ordinances.
BE IT ORDAINED by the Governing Body of the City of Emporia, Kansas;
Section 1. That Section 16-266 of the Code of Ordinances of the City of Emporia, Kansas, is hereby created to read as follows:
“Sec. 16-266 Mask or other Face Coverings in Certain Circumstances.
(a) Mask or other face coverings; definitions. The following words or phrases when used in this article shall have the following meanings:
(1);Mask or other face covering" means a covering of the nose and mouth that is secured to the head with ties, straps, or loops over the ears or is simply wrapped around the lower face. A mask or other face covering can be made of a variety of synthetic and natural fabrics, including cotton, silk, or linen. Ideally, a mask or other face covering has two or more layers. A mask or other face covering may be factory-made, sewn by hand, or can be improvised from household items such as scarfs, bandanas, t-shirts, sweatshirts, or towels.
(2) “Public space” means any indoor or outdoor space or area that is open to the public; this does not include private residential property or private offices or workspaces that are not open to customers or public visitors.”
(b) Mask or other face coverings; when required; exemptions.
(1) All persons in the city shall cover their mouths and noses with masks or other face coverings when they are in the following situations:
(A) While inside any indoor public space and unable to maintain a 6-foot distance between individuals (not including individuals who reside together) with only infrequent or incidental moments of closer proximity;
(B) Obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider;
(C) Riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle; or,
(D) While outdoors in public spaces and unable to maintain a 6-foot distance between individuals (not including individuals who reside together) with only infrequent or incidental moments of closer proximity.
(2) All businesses, organizations and non-profit associations in the City of Emporia must require all employees, customers, visitors, members, or members of the public to wear a mask or other face covering as follows:
(A) Employees, when working in any space visited by customers or members of the public;
(B) Employees, when working in any space where food is prepared or packaged for sale or distribution to others;
(C) Customers, members, visitors, or members of the public, when in a facility managed by the business or organization; or
(D) Employees, when in any room or enclosed area where other people (except for individuals who reside together) are present and are unable to maintain a 6-foot distance except for infrequent or incidental moments of
closer proximity.
(3) The following individuals are exempt from wearing masks or other face coverings in the situations described in subsections (b)(1) and (b)(2):
(A) Persons age five years or under—children age two years and under in particular should not wear a face covering because of the risk of suffocation; (B) Persons with a medical condition, mental health condition, or
disability that prevents wearing a face covering—this includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance;
(C) Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication;
(D) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines;
(E) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service;
(F) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6- foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity;
(G) Athletes who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity;
(H) Persons who are engaged in an activity that a professional or recreational association, regulatory entity, medical association, or other public-health-oriented entity has determined cannot be safely conducted while wearing a mask or other face covering;
(I) Persons engaged in a court-related proceeding held or managed by the Kansas Judiciary; and,
(J) Persons engaged in any lawful activity during which wearing a mask or other face covering is prohibited by law.
(4) It shall be an affirmative defense to any prosecution under subsection (a) or (b) that the person in violation is an individual listed under subsection (c).”
(c) Mask or other face coverings; penalties; enforcement.
(1) Any person, business or organization violating the provisions of this Section of the Code of the City of Emporia shall be guilty of an infraction. The person or persons responsible for any business or organization that does not comply with sub-section(b)(2) includes a sole proprietor, or any officer, partner, member, manager, director, or other supervisor for the business or organization, who may be held jointly and severally responsible for such violation with respect to any enforcement of the violation.
(2) A violation of this section shall be punished by a fine of twenty five ($25.00) dollars upon a first conviction, by a fine of fifty ($50.00) dollars upon a second conviction, and by fine of one hundred dollars ($100.00) dollars upon a third or subsequent conviction, plus court costs.
(d) Mask or other face coverings; effective term. The provisions of Section 16-266 through Section 16-268 of the city code shall be in effect until 11:59 p.m. on _______________, 2020.”
Section 2. That the provisions of this ordinance shall be included and incorporated in the code of the City of Emporia, Kansas, 1983, as amended, as an addition or amendment thereto and shall be appropriately renumbered to conform to the uniform numbering system of the code.
Section 3. Effective Date. This ordinance shall take effect upon publication in the official city newspaper.
PASSED AND APPROVED by the Governing Body of the City of Emporia, Kansas, this 5th day of August, 2020.
