Title
AN EMERGENCY ORDINANCE AMENDING CHAPTER 34 OF THE DULUTH CITY CODE BY ADDING SECTIONS 34-45.1 THROUGH 34.45.5 REQUIRING FACE COVERINGS IN INDOOR SPACES OF PUBLIC ACCOMMODATION. (REPLACEMENT)
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BY COUNCILOR TOMANEK:
The city of Duluth does ordain:
Section 1. Preamble.
WHEREAS, the COVID-19 pandemic has constituted a public health emergency since March of 2020; and
WHEREAS, on July 13, 2020, the council enacted emergency Ordinance 10708 requiring face coverings in indoor spaces of public accommodation in response to the COVID-19 pandemic; and
WHEREAS, on May 24, 2021, the council repealed the face covering mandate based on U.S. Centers for Disease Control and Prevention ("CDC") advice that fully vaccinated people no longer need to wear a face covering in any setting; and
WHEREAS, since the repeal of the face covering mandate, the COVID-19 Delta and Omicron variants have been determined by the CDC to be highly transmissible and responsible for increasing the potential risk of infection and spread of the virus through the community; and
WHEREAS, positive test rates for COVID-19 in Minnesota are currently nearly 13 percent, more than twice the five percent level health officials find concerning; and
WHEREAS, Duluth children and citizens with underlying medical conditions are especially vulnerable to hospitalization due to COVID-19.
Section 2. Pursuant to the authority of Section 11 of the Duluth City Charter, 1959, as amended, (the "Charter") in order for the immediate preservation of the public peace, health and safety of the citizen of the city of Duluth, an emergency is hereby declared.
Section 3. That Chapter 34 of the Duluth City Code is hereby amended by adding Sections 34-45.1 through 34-45.5 as follows:
Sec. 34-45.1. Face Covering Requirement - Purpose
(a) Face coverings are a simple barrier to help prevent respiratory droplets from traveling into the air and onto other people when the person wearing the face covering coughs, sneeze...
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