8 6 20 City Council Proceedings Official - Special1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on August 6, 2020.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8
and 117.2), streamed live on the city’s website at www.cityofdubuque.org/media, and
streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque.
Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
ACTION ITEMS
1. COVID-19 Discussion and Decisions: City Attorney provided information on the face
covering requirement analysis and capacity Limitation restrictions. Restated motion by
Cavanagh to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage a t two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Jones. City Manager
Van Milligen and City Attorney Brumwell provided clarifying information on the difference
between the two proclamations and ordinance options and the authority behind develop-
ing the ordinances. Responding to questions from the City Council, the City Manager
stated that the ordinance would be rescinded by Council based on the COVID-19 data
from the staff reports provided to Council at regular meetings and work sessions of the
City Council. Motion carried 7-0.
Motion by Cavanagh for final consideration and passage of Ordinance No. 31-20
Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitati on and
Environment, Chapter 1 Health and Safety Regulations, by adding a new Section 2 Face
Covering Requirement. Seconded by Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 31-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUS-
ING, SANITATION AND ENVIRONMENT, CHAPTER 1 HEALTH AND SAFETY REG-
ULATIONS, BY ADDING A NEW SECTION 2 FACE COVERING REQUIREMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 6-1 is amended by adding
thereto the following new section:
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6-1-2: FACE COVERING REQUIREMENT:
A. Every person in the City of Dubuque two (2) years of age or older must wear a
face covering that covers the person’s nose and mouth as follows:
1. Outside whenever one cannot stay at least six (6) feet away from others;
2. Inside any indoor public setting, for example, but not limited to:
a. Grocery stores.
b. Pharmacies.
c. Hardware stores.
d. Retail stores.
e. Any other indoor public setting when with persons who do not live in the
person’s household.
3. When using public transportation or a private car service, including taxis, ride
share, or carpooling.
B. Places and times where a person is not required to wear a face covering:
1. While traveling in a personal vehicle alone or with household members.
2. While a person is alone or in the presence of only household members.
3. While outside, if keeping six (6) feet away from others is possible
4. While exercising at moderate or high intensity such as jogging or biking.
5. While seated at a food establishment in the process of eating or drinking.
6. While obtaining a service that would require temporary removal of the person’s
face covering.
7. When federal or state law prohibits wearing a face covering or requires the
removal of the face covering.
C. The following persons are exempt from wearing a face covering:
1. Persons younger than (two) 2 years of age.
2. Anyone who has difficulty breathing or is on oxygen therapy or a ventilator.
3. Anyone who is unconscious, incapacitated, or otherwise unable to remove the
face covering without assistance.
4. Anyone who has been told by a medical, legal, or behavioral health profes-
sional not to wear face coverings.
5. Anyone actively engaged in a public safety role, including but not limited to law
enforcement, firefighters, or emergency medical personnel, although a face cov-
ering should be worn if possible.
D. A business that is open to the public must post signs at each entrance instructing
customers of the legal obligation to wear a face covering as required by this Ordi-
nance while inside the business.
E. No business that is open to the public may provide service to a customer or allow
a customer to enter its premises unless the customer is wearing a face covering as
required by this Ordinance.
F. Violations
1. For any violation of this chapter, an initial fine of ten dollars ($10.00) if paid
within thirty (30) calendar days of the date of the violation. If payment is not made
within such thirty (30) calendar days, said fine shall be fifteen dollars ($15.00).
2. Payment of the above fine by mail to the city treasurer shall be deemed paid
as of the date of the postmark on the envelope thereof.
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3. For purposes of this section, a fine shall become delinquent if not paid within
thirty (30) calendar days from the date of issuance of the violation notice.
4. The City reserves the right to pursue delinquent violations through collections
or the issuance of a municipal infraction pursuant to the City of Dubuque Code of
Ordinances §1-4-2.
G. Appeal.
1. Within ten (10) days of a violation a person may file with the Police Department
a written notice of appeal.
2. Upon appeal, a municipal infraction shall be issued pursuant to City of Dubu-
que Code of Ordinances §1-4-2.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this 6th day of August 2020.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 8th day of August 2020.
/s/Kevin S. Firnstahl, City Clerk
There being no further business, Mayor Buol declared the meeting adjourned at 5:51 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk