11/24/2020 Ordinances 9807ORDINANCE NO. 9807
An emergency ordinance pursuant to the authority of the City of Grand Island to pass
ordinances and make regulations to serve the general health of the city, prescribe rules for the
prevention, abatement, and removal of nuisances as well as the authority to make such
regulations as to prevent the introduction and spread of contagious, infectious or malignant
diseases in the city of Grand Island pursuant to Neb. Rev. Stat. §§ 16-23 8, 16-240 and 16-246; to
add Chapter 2, Article VIII, Sections 2-64 through 2-75 to the official city code entitled
"Prevention of COVID-19"; to clarify and/or make general corrections to various code sections,
to repeal any ordinances and resolutions or parts thereof in conflict herewith; and to provide for
publication and the effective date of the ordinance.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. According to the Director of the Central District Health Department, both the
number of cases and the number of hospitalizations in the Central District are rapidly increasing.
Hospitals in Central Nebraska are very close to capacity. Patients who under normal
circumstances would be cared for in Intensive Care Units (ICU's) are being managed in medical
surgical units because there are either no beds or no staff in ICU's or anywhere to transfer them.
For the week ending October 17, 2020, the Central District Health Department area averaged 324
new cases/ 100,000 persons. The week ending November 14, 2020, saw that average increase to
774 new cases/ 100,000 persons, more than doubling the rate of new cases. As of November 17,
2020, just over 50% of hospitalizations in the Central District are COVID-19 related.
Hospitalizations have nearly doubled since November 1, 2020 when there were 28 inpatients,
and as of November 17, 2020, there are 51 inpatients. Long term care facilities are experiencing
COVID-19 outbreaks and some schools have been forced to temporarily close based on staff and
administration illness. Based upon the above conditions, the Director of the Central District
Health Department has recommended the enactment of an ordinance requiring the wearing of
masks as an effective means of curtailing the spread of the Novel Coronavirus.
Approved as to Form tt
November 23, 2020 tt City Attorney
ORDINANCE NO. 9807 (Cont.)
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SECTION 2. Chapter 2, Article VIII, Sections 2-64 thru 2-75 be enacted to read as follows:
ARTICLE VIII. — PREVENTION OF COVID-19
§2-64. Legislative Findings and Intent.
(1) The City Council hereby finds and declares, based upon the scientific and medical
evidence before it, that:
a) the Novel Coronavirus (COVID-19) has impacted and continues to dramatically
impact the citizens of the City of Grand Island, Nebraska; and
b) exposure to COVID-19 presents a risk of death or serious long-term disability;
the exposure is widespread and poses significant risk of harm, including death,
to people in the general population of the City of Grand Island; there is a
particular subset of the population that is more vulnerable to the threat and thus
at an increased risk; and the threat is from a novel infectious disease; and
c) information from the World Health Organization, the United States Centers for
Disease Control and Prevention (CDC), Nebraska Department of Health and
Human Services, the Central District Health Department, local public health
departments throughout Nebraska, and members of the City of Grand Island and
Hall County medical community indicates that citizens of the City of Grand
Island have been and will continue to be exposed due to community
transmissions of COVID-19; and
d) the manner in which the spread of COVID-19 cases in the City of Grand Island
has occurred creates an unacceptable risk to the health, safety, and welfare of
the citizens of the City of Grand Island; and
e) the number of COVID-19 infections within the City of Grand Island continues
to increase; and
� COVID-19 constitutes a public nuisance and a threat to the health, safety, and
welfare of the City of Grand Island; and
g) the CDC, doctors and infectious disease experts from the University of Nebraska
Medical Center and Nebraska Medicine have concluded that the wearing of face
coverings by every individual while in public is one of the best methods to slow
and stop the spread of COVID-19; and
h) the wearing of face coverings by every individual while indoors in public places
in the City of Grand Island will reduce community transmissions of COVID-19,
resulting in fewer deaths, serious health complications, and will ease the strain
on hospitals and other medical offices and facilities; and
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ORDINANCE NO. 9807 (Cont.)
i) the wearing of face coverings by every individual while indoors in public places
in the City of Grand Island will help keep businesses open and operating,
encouraging economic growth, and preventing prolonged economic harm; and
j) this ordinance is designated as an urgent measure necessary to preservation of
public health; and
k) it is just and proper for the City Council to exercise the authority granted to it by
Nebraska statutes in furtherance of protecting the public health, safety, and
welfare.
§ 2-65. Definitions.
Far purposes of this Article, the following terms are defined as follows:
(1) Face Covering. — A face covering is defined as a covering which, when worn
properly, must cover the nose and mouth completely and can include a paper or
disposable face mask, cloth face mask, scarf, bandana, neck gaiter, or a religious
face covering. Medical-grade masks and respirators are sufficient face coverings,
but to preserve adequate supplies, their purchase and use is discouraged for those
who do not work in a health care setting or in other occupations that require
medical-grade personal protective equipment. Masks that incorporate a valve
designed to facilitate easy exhaling, mesh masks, or masks with openings, holes,
visible gaps in the design or material, or vents are not sufficient face coverings
because they allow exhaled droplets to be released into the air.
(2) Premises Open to the General Public. — Premises open to the general public is
broadly defined to include entities that employ or engage workers, including
private-sector entities, publio-sector entities, non-profit entities, regular commercial
or business establishments, private clubs, religious centers or buildings, public
transportation (including buses, taxis, ride-sharing vehicles, or vehicles used for
business purposes), and any place which is generally open to the public, including
educational institutions and daycare facilities.
§ 2-66. Individual Facial Coverings Required.
All individuals age five and older shall wear a face covering over their mouth and nose
while indoors in a premises open to the general public unless the individual maintains a
minimum of six feet of separation or social distance at all times from anyone who is not a
member of the individual's household, except face coverings will not be required if the
individual:
(1) is seeking federal, state, or county services; or
(2) is seated at a bar, restaurant, or other location to eat or drink, or while immediately
consuming food or beverages; or
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ORDINANCE NO. 9807 (Cont.)
(3) is engaged in an occupation preventing the wearing of a face covering; or
(4) is obtaining a service or purchasing goods or services that requires the temporary
removal of the face covering; or
(5) is asked to remove a face covering to verify an identity for lawful purposes; or
(6) is providing a speech, lecture, or broadcast to an audience so long as six feet of
distancing from other individuals is maintained; or
(7) cannot otherwise wear a face covering because of a medical condition, a mental
health condition, or a disability that makes it unreasonable for the individual to
wear a face covering.
(2) is seated at a bar or restaurant to eat or drink, or while immediately consuming food
or beverages; or
Nothing in this section shall prohibit the owner or person in charge of a premises open to
the general public from requiring an individual to wear a face covering during any of the
circumstances enumerated above or from implementing a more restrictive face covering
policy.
§ 2-67. Premises Open to the General Public — Duty to Require Facial Coverings.
Any individual or entity which maintains a premises open to the general public shall
require all individuals age five and older to wear a face covering over their mouth and
nose while indoors in said premises, unless the individual maintains a minimum of six
feet of separation or social distance at all times from anyone who is not a member of the
individual's household, except face coverings will not be required if the individual:
(1) is seeking federal, state or county services; or
(3) is engaged in an occupation preventing the wearing of a face covering; or
(4) is obtaining a service or purchasing goods or services that requires the temporary
removal of the face covering; or
(5) is asked to remove a face covering to verify an identity for lawful purposes; or
(6) is providing a speech, lecture, or broadcast to an audience so long as six feet of
distancing from other individuals is maintained; or
(7) cannot otherwise wear a face covering because of a medical condition, a mental
health condition, or a disability that makes it unreasonable for the individual to
wear a face covering.
Nothing in this section shall prohibit the owner or person in charge of a premises that is
open to the general public from requiring an individual to wear a face covering during
any of the circumstances enumerated above or from implementing a more restrictive face
covering policy.
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ORDINANCE NO. 9807 (Cont.)
§ 2-68. Notice of Face Covering Requirements.
Any individual or entity which maintains a premises that is open to the general public
must post one or more signs that are visible to all persons — including workers,
customers, students, and visitors instructing them to wear face coverings as required by
this Article.
§ 2-69. Exceptions.
facilities; shelters for homeless persons; airport travel; election offices; polling
places on an election day; or to residential dwelling units.
(2) Children under the age of five. While children ages three and four may wear a face
covering if that child can remove the face covering without assistance, guidance
The provisions of this Article shall not apply to:
(1) Courts of law; non-city department public utilities; federal, state, or county
operations; medical providers, facilities, or pharmacies; congregate living centers or
facilities; group homes and residential drug and/or mental health treatment
from the CDC states that children two years old and under should never wear a face
covering due to the risk of suffocation.
(3) Federal and state activities. Nothing in this Article shall be construed to limit,
prohibit, or restrict in any way the operations of the federal or state government or
the movement of federal or state officials in the city while acting in their official
capacity, including federal and state judicial, legislative, and executive staff and
personnel.
(4) Individuals at their workplace when wearing a face covering would create a job
hazard for the individual or others as determined by federal, state, or local
regulators ar workplace safety and health standards and guidelines.
(5) Individuals who are alone in an office, room, a vehicle, the cab of heavy equipment
or machinery, or an enclosed work area. In such situations, the individual should
still carry a face covering to be prepared for person-to-person interactions and to be
used when the individual is no longer alone.
(6) Individuals who are seated at a desk or standing at a stationary workstation,
provided that the desk or workstation has a solid Plexiglas or plastic barrier
installed upon it which cannot be moved.
(7) Individuals who are officiating at a religious service.
(8) Individuals communicating with other individuals who are deaf or hard of hearing
or who have a disability, medical condition, or mental health condition that makes
communication with that individual while wearing a face covering difficult,
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ORDINANCE NO. 9807 (Cont.)
provided that minimum social distancing of six feet or more is maintained to the
extent possible between persons who are not members of the same household.
(9) Individuals who are engaged in activities, such as swimming or showering, where
the face covering will get wet.
(10) Individuals who are exercising in an indoor business or indoor space such as a gym
or fitness center, while the level of exertion makes it difficult to wear a face
covering, provided that minimum social distancing of six feet or more is maintained
at all times.
(11) Individuals in an indoor premises that is generally open to the public while playing
a musical instrument that cannot be played when a face covering is worn, provided
that a minimum social distancing of six feet or more is maintained at all times.
(12) Public safety workers actively engaged in a public safety role, including but not
limited to law enforcement personnel, fire fighters, or emergency medical
personnel, in situations where wearing a face covering would seriously interfere in
the performance of the individual's public safety responsibilities.
(13) Participants in a sporting event, but only while they are playing the game, if the
school or sponsoring organization does not require facial coverings, however,
spectators, coaches, and non-participants would be required to wear facial
coverings.
§ 2-70. Public Nuisance Declared.
Any individual or entity which maintains premises that are open to the general public
who fails to comply with the requirements of Section 2-67, above, is hereby declared to
be a nuisance and a danger to the public health, safety, and welfare.
§ 2-71. Application.
The provisions of this Article shall only apply to all persons and property within the
corporate limits of the City of Grand Island and shall not extend into the two-mile
extraterritorial jurisdiction of the City.
§ 2-72. Penalty.
Any individual or person who is found to have violated any of the provisions of this
Article shall be guilty of an offense as defined in Section 1-2 of City code for each
offense and shall be subjected to a minimum fine of not less than $25 for the initial
offense. Each instance of violation of this Article may be considered to be a separate
offense.
§ 2-73. Civil Abatement.
In addition to any other penalty sought or obtained under this Article or other applicable
law, the City Attorney may institute injunctive or other appropriate civil proceedings
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ORDINANCE NO. 9807 (Cont.)
necessary to obtain compliance with this Article or to abate any nuisance resulting from
violations of this Article.
§ 2-74. Sunset Provision.
The requirements imposed by this Article shall expire and terminate at 11:59 p.m. on
February 23, 2021, unless otherwise extended or earlier terminated by ordinance of the
City Council.
2-75. Conflicts.
In the event of a conflict between the provisions of this Chapter 2, Article VIII and a
Directed Health Measure issued by the Nebraska Department of Health or by the Central
District Health Department the provision providing the greatest protection for public
health shall control.
SECTION 3. The sections, subsections, paragraphs, sentences, clauses, and phrases of this
Ordinance are severable, and if any section, subsection, paragraph, sentence, clause, or phrase of
this Ordinance shall be declared invalid, unenforceable, or unconstitutional by the valid
judgment or decree of a court of competent jurisdiction, such invalidity, unenforceability, or
unconstitutionality shall not affect any of the remaining sections, subsections, paragraphs,
sentences, clauses, or phrases of this Ordinance.
SECTION 4. This Ordinance, being emergency in nature, shall be in full force and take
effect three (3) days from and after the date of its passage.
Enacted: November 24, 2020.
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Roger . Steele, Mayor
Attest:
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RaNae Edwards, City Clerk
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