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Review: First Reading of Mandatory Face-Covering Ordinance

Meeting Date: 
Tuesday, September 1, 2020
Bronwyn Beatty-Hansen Photo

Bronwyn's Council Review

As usual for the review, my comments are red and italicized in the context of the latest Council Preview by David Martin. 
 

*DUE TO THE COVID-19 PANDEMIC, THIS WILL BE AN ELECTRONIC MEETING. IF YOU WISH TO PROVIDE INPUT ON ANY ITEM, YOU MAY DO SO AS A VIDEO PARTICIPANT BY GOING TO: https://zoom.us/j/826593023
OR BY TELEPHONE BY DIALING: US:1-312-626-6799 or toll-free: 1-888-475-4499 Zoom Meeting ID: 826 593 023

YOU MAY VIEW THE MEETING ONLINE AT THE FOLLOWING SITES:
https://www.youtube.com/ameschannel12
https://www.cityofames.org/channel12
or watch the meeting live on Mediacom Channel 12

 

The Ames City Council meets on Tuesday at 6:00 p.m. on Zoom. The agenda includes:
 

  • 1. First Reading of Mandatory Face-Covering Ordinance.  There's a lot of interest in moving quickly on the face covering ordinance, and the Mayor has now called this special City Council meeting on Tuesday night for its first reading, rather than waiting until September 8 as originally planned. This ordinance generally requires face coverings indoors in public places "where the public is invited in" (grocery stores, fitness centers, etc.) and outdoors when social distancing is not possible. Businesses not open to the public are exempt, as are childcare facilities, children under 3 years old, people in private homes, people with certain health constraints, people who are eating or drinking, and people who are actively exercising. Please click through to the ordinance text above for the complete set of requirements. Council could still decide to make further changes to the requirements at this stage.

    The main change from the earlier draft is that the ordinance now states that "Compliance with this ordinance shall be obtained through education and encouragement only. There is no penalty for a violation of this ordinance." Our City Attorney explained that by including this provision, the city would not be exercising authority that is in conflict with the Governor's emergency public health proclamation. So, this no-penalty ordinance appears to be solidly within the city's legal authority to enact. Council understands that it won't be as persuasive to the public as an ordinance that penalizes violators (as most ordinances do). For example, people who are required to wear a face covering under this ordinance but don't want to or can't could simply refuse; there's no legal recourse. Still, I think that many people do want to abide by public expectations, and this ordinance clearly states what it wants to achieve. Businesses could also decide to use their own authority against trespassing to require visitors to comply with the ordinance.

    Council might decide to speed up passage of the ordinance even further. If 5/6 of the council votes to "suspend the rules," then the required second and third readings of this ordinance could happen next Tuesday as well and the ordinance could be in effect by the end of the week. As always, interested people may speak at the designated time during the Zoom meeting, and/or you may email your thoughts about passage of this ordinance by emailing MayorCouncil@amescitycouncil.org.  

    (video)
  • Prior to this agenda item, Councilmember Junck moved to reconsider our passage of the ordinance with no enforcement section. This motion to reconsider failed by a vote of 3-3 (Betcher, Gartin, and Martin voting Nay). Once we had established that we would proceed without an enforcement mechanism, public input was opened for this topic. This agenda item saw a great deal of public input, with 37 speakers, lasting approximately two hours. Of the 37, approximately 19 spoke in favor of a mask ordinance, and 15 were opposed, plus a few ambivalent speakers. Including the e-mails we had received, this is easily one of the topics on which we have gotten the most feedback. 

    After input and discussion, Council voted 5-1 to pass the first reading of the mask ordinance. 

    Council then voted 6-0 to suspend the rules, and voted 5-1 on the 2nd and 3rd readings, to make the ordinance effective as of Friday, Sept 4th. 

Non-Agenda Packet: The following items are requests and communications to the council that are not on the agenda for full discussion.  This includes staff reports and communications or requests from constituents and developers. Typically the council will ask city staff for more information (a memo), put the item on a future agenda for deliberation and possible action, or just accept the communication, taking no further action. Council generally processes these requests and communications during the agenda portion called "Disposition of Communications to Council." 
(video)
 

  • Letter from the Mayor to Landlords, Property Owners and Managers. In this letter, the Mayor asks rental operators to help combat COVID-19 by limiting large gatherings and parties on their properties. This has taken on heightened importance now that the Governor has closed bars in Story County and ISU is not permitting tailgating on ISU property this season.
  • Ragweed Classification. The requester asks the City to consider classifying ragweed as a noxious weed due to its allergenic nature.
    This was referred to staff for a memo, 6-0.

 

COUNCIL COMMENTS (video)

 

 

Thanks for reading,
Bronwyn Beatty-Hansen
Ames City Council, At Large

 

P.S. The continued uncertainty caused by the COVID-19 pandemic makes mail-in voting in the November general election a compelling option. If you live in Story County and would like to vote by mail, you can fill out and mail in a postage paid mail in ballot request form.  If you live outside of Story County, look for the correct information via the Iowa Secretary of State's absentee ballot site.
 

And if you're not registered to vote -- the November election will be here before you know it! You can register to vote or update your voter registration online using your Iowa a driver’s license or ID number at Iowa Secretary of State website.  Those without a drivers's license or ID number can get forms and information here https://www.storycountyiowa.gov/638/Voter-Information-Forms.

 

Review: First Reading of Mandatory Face-Covering Ordinance | Ames Council News

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