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Packet Item Update 4-5-21 CITY COUNCIL COMMUNICATION AGENDA ITEM 7B SUBJECT: ORDINANCE NO. 1805, SERIES 2021, AN EMERGENCY ORDINANCE AMENDING AND RESTATING THE REQUIREMENT TO WEAR A FACE COVERING WITHIN THE CITY OF LOUISVILLE – 1ST AND FINAL READING – PUBLIC HEARING – Adoption as an Emergency Ordinance DATE: APRIL 6, 2021 UPDATED 4/5/21 PRESENTED BY: KATHLEEN KELLY, CITY ATTORNEY ADDITIONAL INFORMATION PROVIDED ON APRIL 5, 2021 Boulder County Public Health updated their mask order on April 3rd as well as the state (discussed in previous Council Communication on this topic). Please find the link below. The changes are as anticipated in the new Boulder County Public Health Order, and thus the previous attached redline and clean version of the revised City ordinance remains as drafted. Here is a summary for you with links to orders, FAQs, and guidance: Until at least May 5, 2021, masks are required in all indoor public spaces in Boulder County regardless of group size or vaccination status. Face coverings are no longer required in any setting outdoors. Boulder County: Boulder County Public Health’s Order is more protective than the state order. In Boulder County, all individuals, regardless of vaccination status, must wear a face covering while in an indoor public space. An indoor public space is any indoor space that is not your private residence. Indoor common areas in apartment buildings for example are considered public indoor spaces, but your private apartment, house, or dorm room is not an indoor public space (that would be considered a private residence). Boulder County’s mask order was revised in partnership with the metro region, who have implemented or are implementing similar orders requiring masks in all indoor spaces, but no longer requiring them outdoors. Boulder County’s order is in effect from April 5 to May 5, at which time BCPH will reevaluate the order. Statewide: The state order is less protective than the order locally in Boulder County and throughout the metro region. However, as the stricter of the two, the Boulder County Order controls locally (attached previously). CITY COUNCIL COMMUNICATION SUBJECT: ORDINANCE NO. 1805, SERIES 2021 DATE: APRIL 6, 2021 PAGE 2 OF 4 SUMMARY FROM APRIL 2, 2021 The attached emergency ordinance has been drafted to continue the City’s current face covering requirements until amended or repealed by ordinance of the City Council, with a few revisions intended to simplify and provide consistency with the new Governor’s Executive Order and anticipated Boulder County Public Health (BCPH) Order. The new state order is attached and a revised BCPH Order is to be released Monday. Staff will provide updated documents prior to Tuesday night’s regular City Council meeting. Also attached is the current BCPH Orders. The attached previous City ordinance from August 2020 regarding facial coverings was more restrictive than the previous State and Boulder County Public Health Orders. Both the Governor’s and Boulder County’s Order provide that “nothing prevents a county or municipality from adopting more protective standards than those contained in their Orders.” As currently in effect, the City’s Ordinance contains more protective standards than the Executive Order and Boulder County Order. It is staff’s understanding the new Order from BCPH consistent with the new Executive Order will remove all outdoor masking requirements as a result of increased vaccination rates and science around reduced transmissibility in the outdoors. Staff, in an attempt to provide consistency with the current state and BCPH Orders and address the upcoming changes, has provided a draft revised ordinance more in alignment with the anticipated BCPH Order and state Executive Order as follows: Remove all outdoor masking requirements Remove requirements for masking for children under the age of 11 Ensure consistency with the exceptions provided in the BCPH order, including exceptions allowing the temporary removal of face coverings by individuals officiating or participating in a life rite or religious service; individuals receiving a personal service; individuals in swimming pools; and individuals alone in a room. The upcoming BCPH Order is anticipated to be adopted by all the Denver Metro City and County Public Health organizations, including Boulder, Jefferson, Broomfield, Adams, Douglas, and Arapahoe counties. It is anticipated that the BCPH Order will be adopted and go into effect on Monday, April 5, 2021.The BCPH Order will likely be in effect for 30 days. The CDPHE State Order just obtained and attached may necessitate changes to the upcoming BCPH Order. Staff will provide any additional information and updates as an attachment to this agenda item as additional information becomes available. The statewide order for masking in schools remains in effect through the end of the school year. BVSD and SVVSD have required masks for all K-12 regardless of age, and CITY COUNCIL COMMUNICATION SUBJECT: ORDINANCE NO. 1805, SERIES 2021 DATE: APRIL 6, 2021 PAGE 3 OF 4 many camps have voluntarily implemented a mask requirement. The new Governor’s Executive Order appears to exempt children 10 and under from having to wear masks, including in schools, childcare centers and camps. This proposed city ordinance will change the City mask protocols for several City programs serving children – for example, the Recreation Center preschool, child care, and camp programs will no longer require masks to be worn by children 10 and under indoors or outdoors. Staff is supportive of this change, as the protocols will now be aligned with those in other neighboring communities within Boulder County. Staff has presented a revised ordinance that is consistent with current BCPH Orders however, City Council may choose to provide additional restrictions. If the City is looking to align its mask requirements with the BCPH Order, City Council may choose to adopt the attached ordinance or to forgo adoption of a local ordinance in which case the BCPH Order will serve as the guiding order for the City. If adopted as an emergency ordinance, the revised face covering requirements would become effective immediately and continue until the City Council amends or repeals the requirement by ordinance. FISCAL IMPACT: None. RECOMMENDATION: Consideration of Ordinance No. 1805, Series 2021 ATTACHMENT(S): 1. Ordinance No. 1805, Series 2021, redline and clean copy 2. Ordinance No. 1799, Series 2020 3. Governor’s Executive Order 4. BCPH Order STRATEGIC PLAN IMPACT: Financial Stewardship & ☒ ☐ Reliable Core Services Asset Management ☐ Vibrant Economic ☐ Quality Programs & Climate Amenities ☐ Engaged Community ☐ Healthy Workforce ☐ Supportive Technology ☐ Collaborative Regional Partner CITY COUNCIL COMMUNICATION SUBJECT: ORDINANCE NO. 1805, SERIES 2021 DATE: APRIL 6, 2021 PAGE 4 OF 4 CITY COUNCIL COMMUNICATION ORDINANCE NO. 1799______1805 SERIES 20210 AN EMERGENCY ORDINANCE AMENDING AND RESTATING THE REQUIREMENT TO WEAR A FACE COVERING WITHIN THE CITY OF LOUISVILLE WHEREAS, the City of Louisville (the “City”) is a home-rule city and municipal corporation duly organized and existing under and pursuant to Article XX of the Colorado Constitution and Charter of the City; and WHEREAS, the Novel Coronavirus 2019 (COVID-19) Pandemic is causing widespread human and economic impacts to the City of Louisville; and WHEREAS, on March 15, 2020, the Mayor of the City of Louisville, pursuant to Chapter 2.32 of the Louisville Municipal Code and C.R.S. § 24-33.5-709, executed a Declaration of Local Disaster Emergency in and for the City of Louisville (the “Mayor’s Declaration”); and WHEREAS, by Resolution No. 27 adopted on March 16, 2020, the City Council continued in effect the Mayor’s Declaration until terminated by resolution of the City Council; and WHEREAS, on March 25, 2020, Governor Jared Polis issued Executive Order D2020- 017 (the “Statewide Stay-at-Home Order”) ordering Coloradans to stay in place through April 11, 2020 due to the presence of COVID-19 in the state, and which Statewide Stay-at-Home Order was extended by the Governor through April 26, 2020; and WHEREAS, on April 24, 2020, Boulder County Public Health (“BCPH”) issued a Public Health Order Adopting and Extending State Stay-at-Home Orders (the “Boulder County Stay-at- Home Order”), which continued in effect the terms of the Statewide Stay-at-Home order for those persons residing in Boulder County until May 8, 2020; and WHEREAS, in the Boulder County Stay-at-Home Order, BCPH found “the health conditions that led to the issuance of [the Statewide Stay-at-Home Order] have not abated in Boulder County”; and WHEREAS, on April 26, 2020, Governor Polis issued Executive Order D2020-044, introducing the “Safer at Home” phase of slightly relaxed regulation, which permitted some non- critical businesses to open with certain restrictions beginning May 1, 2020, and which regulation became effective within the City of Louisville upon the expiration of the Boulder County Stay-at- Home Order; and WHEREAS, in the Safer at Home order, Governor Polis provided that nothing in such order prevents a county or municipality from adopting more protective standards than those contained in the order, including but not limited to stay at home orders, mask wearing requirements Ordinance No. 17991805, Series 20210 Page 1 of 9 in public, or additional protective measures and, if such local measures are adopted, they will become effective within the county or municipality without state approval; and WHEREAS, the Centers for Disease Control and Prevention (the “CDC”)
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