COVID-19 Discussion and Decisions_Face Covering / Mask Mandate OrdinanceCopyrighted
August 6, 2020
City of Dubuque
Special Meeting Action Items # 1.
IT E M T I T L E:C O V I D-19 Discussion and Decisions
S UM M ARY:City A ttorney providing information on the face covering requirement
analysis and capacity L imitation restrictions.
Option 1 - O RD I NANC E A mending City of Dubuque Code of
Ordinances Title 6 Health, Housing, S anitation and Environment, Chapter
1 Health and S af ety Regulations, by adding a new S ection 2 face
Covering Requirement
Option 2 - O RD I NANC E A mending City of Dubuque Code of
Ordinances Title 6 Health, Housing, S anitation and Environment, Chapter
1 Health and S af ety Regulations, by adding a new S ection 2 Novel
Coronavirus 2019 (Covid-19) Mandates
S UG G E S T E D
D I S P O S I T I O N:
Receive and F ile; Ordinance Option 1 O R 2; Motion B, Motion
A Suggested Disposition:
AT TAC H ME N TS:
Description Type
Staff Memo Staff Memo
Proclamation - Face Covering Supporting Documentation
Proclamation - Face Covering & Capacity Restriction Supporting Documentation
Ordinance - Face Covering Ordinance
Ordinance - Face Covering & Capacity Restriction Ordinance
J ochum / I senhart / J ames Legislative Letter Supporting Documentation
Dubuque Community Schools Letter Supporting Documentation
Suggested Motion Wording Supporting Documentation
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
TO: MAYOR ROY D. BUOL AND MEMBERS OF THE CITY COUNCIL
FROM: CRENNA BRUMWELL, CITY ATTORNEY
TERI GOODMANN, ASSISTANT CITY MANAGER
MARK DALSING, CHIEF OF POLICE
DATE: AUGUST 5, 2020
RE: FACE COVERING REQUIREMENT ANALYSIS
CAPACITY LIMITATION RESTRICTION
Background
The City has received requests from members of the Dubuque School Board, community
organizations, and citizens to consider a face covering requirement.
Additionally, the White House Coronavirus Taskforce report placed Iowa in the red
zone for cases, with Dubuque County as one of the counties with the highest number
of new cases in the 3-weeks preceding the report and the City of Dubuque is the largest
municipality in Dubuque County. The White House Coronavirus Taskforce report
made a number of recommendations for red zones including, but not limited to, closing
bars and gyms and creating outdoor dining opportunities within pedestrian areas.
I am writing to provide information and analysis regarding the possibility of requiring face
coverings within the City of Dubuque and the implementation of capacity limitations for
some businesses.
Governor Reynolds has indicated the Governor’s emergency management authority
occupies the field for purposes of preemption and therefore local governments are not
authorized to implement face mask mandates or other local regulations. The Governor’s
position has been that she has the authority to delegate that authority to local entities, but
she has opted not to do so. The Iowa Attorney General’s Office has provided some
analysis in support of this position, which I’m attaching as Exhibit A.
Home Rule Authority
Cities have questioned the Governor’s position as it doesn’t take into consideration cities’
Home Rule Authority. Home Rule Authority has been discussed in my city attorneys
group as a possible option for establishing local mandates. Attached as Exhibit B is a
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document written by Frank Feilmeyer, an Iowa municipal attorney, analyzing Home Rule
Authority in Iowa which I will now summarize.
Iowa voters in 1968 passed the Home Rule Amendment to the Iowa Constitution which
constitutionalized local control in the State of Iowa. The Home Rule Amendment became
Article III, Section 38A of the Iowa Constitution granting municipalities the power to
determine their local affairs and governing not inconsistent with the laws of the general
assembly. Chapter 364 of the Iowa Code reaffirms the constitutional grant of home rule
authority to municipalities:
“to exercise any power and perform any function it deems appropriate to protect
and preserve the rights, privileges and property of the city or its residents, and
improve the peace, safety, health, welfare and convenience of its residents.”
A “city may exercise its general powers subject only to limitations expressly imposed
by a state or city law,” and the exercise of a city power “is not inconsistent with a state
law unless it is irreconcilable with the state law.” Iowa Code §§ 364.2(2) and (3).
The necessary analysis has not been done at the state level as to whether local face
mask mandates are irreconcilable with the Governor’s emergency management
action. Until that analysis is done, or a court settles the question of preemption, the
matter may be considered unsettled.
Under Home Rule Authority, a city may set standards “more stringent than those
imposed by state law, unless a state law provides otherwise.” Iowa Code § 364.3(a);
City of Des Moines v. Gruen, 457 N.W.2d 340, 343 (Iowa 1990); Bryan v. City of Des
Moines, 261 N.W.2d 685, 687 (Iowa 1978).
Options
Under Home Rule Authority, in my opinion, the City is within its authority and acts in
good faith if the City Council opts to institute a face covering requirement, capacity
limitations, or both. The options for acting are:
1) Mayoral Proclamation under Iowa Code § 372.14(2) which authorizes the Mayor
“to govern the city by proclamation, upon making a determination that a time of
emergency or public danger exists”;
or
2) Ordinance
There are implications based on which option the City Council may consider adopting.
Proclamation
A violation of a proclamation is a simple misdemeanor which is a criminal charge
subject to a minimum fine of $65, plus a state surcharge and court costs which results
in a total fine of approximately $140. A criminal charge will appear on an individual’s
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criminal record in addition to having a financial impact during already turbulent
economic times.
Ordinance
An ordinance offers more flexibility as the City Council can set the fine and the
procedure for processing. This would allow violations to be processed similar to a
parking ticket with a nominal fine and opportunity to pay the violation at City Hall. If
an individual wanted to challenge a violation, it would be done through the municipal
infraction process which is a civil process. This would not appear on a criminal
background check. It should be noted that if a municipal infraction is issued, it is
processed through the court system will result in court costs of $85.
Enforcement Concerns
With either option, there will be a need or expectation for enforcement. Enforcement will
inevitably fall upon the Dubuque Police Department. As a mask mandate would be new,
we do not know what the impact would be on calls for service. Anecdotally, we can look
at the differences between private businesses requiring masks compared to those that
don’t to get an idea of what level of voluntary compliance we may see. Ultimately, there
will be calls for service as community members will likely complain to the Police
Department about violations of the mandate. Police response will be prioritized based on
other pending calls for service at the time. A delay in response could result in complaints
from the original callers. Responding officers will be tasked with enforcing the mandate.
Enforcement actions can range from education, warning, and arrest. Officers would be
strongly encouraged to attempt to gain compliance through conversations with offenders.
Officers could be provided with masks to offer individuals who don’t have a mask. If those
efforts fail, officers’ next actions will be based on which option the City Council adopts.
For a simple misdemeanor, arrest could result. Arrest does not necessarily mean
custodial arrest where a person is taken into custody and taken to jail. Arrest also
includes citing and releasing, which would be a preferred method of enforcement but
could result in custodial arrest and jailing should a person refuse to comply with the cite-
and-release process or the behavior escalates to a violation of other laws such as
disorderly conduct or Interference with official acts. If an ordinance is adopted, officers
would issue the violation to individuals.
Some additional concerns for the Police Department include the current public sentiment
about “over-policing,” especially regarding traditionally marginalized communities and
communities of color. There will also be concerns about private property owners resisting
the City’s efforts to enforce on their private property versus public property.
Private businesses have always had the option to enforce mask wearing. In these cases,
if a patron refuses to wear a mask per the business’s rules, it would fall into a “right to
refuse service” afforded any business, and people that fail to comply can be charged with
Trespassing should police be called, and they can’t rectify the situation. This trespass
option would be an option to coincide with a local mask ordinance. If a business is trying
to enforce the mandate but a customer fails to comply, the customer can be asked to
leave, or charged with a violation of the mandate or Trespassing.
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Additional Concerns
As the Governor’s office has indicated the City is not authorized to act, there could be
an injunctive action or lawsuit by the Governor/Attorney General’s Office to challenge
the City’s action. To date there has been no action by the Governor or Attorney
General against Muscatine or Iowa City for their face covering requirements. In the
event a lawsuit was filed by the Attorney General’s office the Iowa League would
support city/members. In the opinion of the League, preemption does not exist in this
situation, and so local control appears to be defendable. It is always difficult to say
how authority threatened might react.
Other possible concerns resulting from a City of Dubuque mask mandate are political
in nature and might potentially impact desired funding and/or policy. In the case of
school districts defying the Governor’s directives to open and provide specific required
days of education, the Governor is taking a hard line and refusing to grant education
credits for the days not in school and requiring students to make up those days at the
end of the school year. Governor Reynolds did state, however, that her decision was
based on bi-partisan legislation that passed unanimously at the end of session. While
there is no way to know what specific consequences could result, the Governor may
look for other avenues to hold local governments accountable.
It should be noted that other jurisdictions, including, but not limited to, Linn County
and Polk County and their respective boards of health are also considering a mask
mandate.
Proposals for Council Discussion
• Proclamation requiring face coverings
• Proclamation requiring face coverings and limiting the capacity of bars,
restaurants, and gyms to fifty-percent (50%)
• Ordinance requiring face coverings
• Ordinance requiring face coverings and limiting the capacity of bars,
restaurants, and gyms to fifty-percent (50%)
Conclusion
Staff will be available to answer City Council questions.
cc: Michael C. Van Milligen, City Manager
Cori Burbach, Assistant City Manager
Mary Rose Corrigan, Public Health Specialist
Prepared by Crenna M. Brumwell, 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 31-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 1 HEALTH AND SAFETY
REGULATIONS, 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:
6-1-2: FACE COVERING REQUIREMENT:
A. Every person in the City of Dubuque three (3) 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 oraventilator.
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 professional
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
covering should be worn if possible.
6. A student participating in co -curricular activities when participating according to the
Iowa High School Athletic Association rules for wearing face coverings.
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 Ordinance
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 Dubuque
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.
Attest:
Ke.in S. Firnstahl, Cit-Clerk
Roy D. ol, Mayor
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EXHIBIT A
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EXHIBIT B
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PROCLAMATION
WHEREAS, One of the greatest responsibilities of any elected official is the protection
of the electorate served and the protection of the greater public health and
safety; and
WHEREAS, On March 17, 2020, the Governor of Iowa issued a Proclamation of Public
Health Disaster Emergency after multiple cases of COVID-19 had been
confirmed in Iowa and the Iowa Department of Public Health determined
that community spread was occurring within the state; and
WHEREAS, As Mayor of the City of Dubuque I took an oath to uphold and defend the
Constitution of the United States and the Constitution of the State of Iowa;
and
WHEREAS, Iowa voters in 1968 passed the Home Rule Amendment to the Iowa
Constitution which constitutionalized local control in the State of Iowa;
and
WHEREAS, The Home Rule Amendment became Article III, Section 38A of the Iowa
Constitution granting municipalities the power to determine their local
affairs and government not inconsistent with the laws of the general
assembly; and
WHEREAS, Chapter 364 of the Iowa Code reaffirms the constitutional grant of home
rule authority to municipalities “to exercise any power and perform any
function it deems appropriate to protect and preserve the rights, privileges
and property of the city or its residents, and improve the peace, safety,
health, welfare and convenience of its residents”; and
WHEREAS, A “city may exercise its general powers subject only to limitations
expressly imposed by a state or city law,” and the exercise of a city power
“is not inconsistent with a state law unless it is irreconcilable with the state
law.” Iowa Code section 364.2(2) and (3); and
WHEREAS, Governor Reynolds has indicated the Governor’s emergency
management authority occupies the field and local governments are not
authorized to implement “Stay at Home Orders” or face mask mandates;
and
WHEREAS, The Governor has failed to perform the necessary analysis as to whether
local “Stay at Home Orders” and face mask mandates are irreconcilable
with her emergency management action; and
WHEREAS, Until that analysis is done, or a court settles the question of preemption,
the matter is not settled; and
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WHEREAS, A city may set standards “more stringent than those imposed by state
law, unless a state law provides otherwise.” Iowa Code Section 364.3(a);
City of Des Moines v. Gruen, 457 N.W.2d 340, 343 (Iowa 1990); Bryan
v. City of Des Moines, 261 N.W.2d 685, 687 (Iowa 1978); and
WHEREAS, Section 372.14(2) of the Iowa Code authorizes the Mayor “to govern
the city by proclamation, upon making a determination that time of
emergency or public danger exists”; and
WHEREAS, Pursuant to the powers vested in me as Mayor under Section 372.14(2)
of the Iowa Code and Section 7-3-1 of the City Code of Dubuque, I
issued a Proclamation of Civil Emergency due to the dangers presented
by the Novel Coronavirus 2019 (COVID-19) and declared my intention
to take such extraordinary measures as are in my judgment necessary
to maintain health, welfare and safety within the community; and
WHEREAS, A July 26, 2020 White House Coronavirus Taskforce report placed Iowa
in the red zone for cases, indicating more than 100 new cases per
100,000 population; and
WHEREAS, Dubuque County was one of the counties in the White House
Coronavirus Taskforce Report with the highest number of new cases in
the 3-week preceding the report; and
WHEREAS, The City of Dubuque is the largest municipality in Dubuque County; and,
WHEREAS, The White House Coronavirus Taskforce report made the following policy
recommendations for counties in the red zone:
• Public Messaging
o Wear a mask at all times outside the home and maintain
physical distance
o Limit social gatherings to 10 people or fewer
o Do not go to bars, nightclubs, or gyms
o Use take out or eat outdoors socially distanced
o Protect anyone with serious medical conditions at home by
social distancing at home and using high levels of personal
hygiene, including hand washing and cleaning surfaces
o Reduce your public interactions and activities to 25% of your
normal activity
• Public Officials
o Close bars and gyms, and create outdoor dining opportunities
with pedestrian areas
o Limit social gatherings to 10 people or fewer
o Institute routine weekly testing of all workers in assisted living
and long-term care facilities
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o Require masks for all staff and prohibit visitors
o Ensure that all business retailers and personal services require
masks and can safely social distance
o Increase messaging on the risk of serious disease for
individuals in all age groups with preexisting obesity,
hypertension, and diabetes mellitus, and recommend to shelter
in place
o Work with local community groups to provide targeted, tailored
messaging to communities with high case rates, and increase
community level testing
o Recruit more contact tracers as community outreach workers
to ensure all cases are contacted and all positive households
are individually tested within 24hours
o Provide isolation facilities outside of households if positive
individuals can't quarantine successfully
• Testing
o Move to community-led neighborhood testing and work with
local community groups to increase access to testing
o Surge testing and contact tracing resources to neighborhoods
and zip codes highest case rates
o Diagnostic pooling: Laboratories should use pooling of
samples to increase testing access and reduce turn around
times to under 12 hours. Consider pools of 2-3 individuals in
high incidence settings and 5 :1 pools in setting where test
positivity is under 10 %
o Surveillance pooling: For family and cohabitating households,
screen entire households in a single test by pooling specimens
of all members into single collection device
WHEREAS, This month brings the return to the City of thousands of students to attend
the local colleges and universities and the start of the school year for
elementary, middle, and high school students, which will further increase
the risk of spread of the virus within our community; and
WHEREAS, Members of the Dubuque Community School Board have asked the City
Council to ensure the safety of students, teachers, and staff in the public
schools by requiring mask wearing to reduce the spread of COVID-19 in the
community; and
WHEREAS, The Centers for Disease Control (CDC) has determined that face coverings
are a critical tool in the fight against COVID-19 that could reduce the
spread of the virus, particularly when used universally within communities;
and
WHEREAS, The Governor’s current proclamation requires that businesses and
gatherings ensure social distancing of employees, customers and
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attendees, increased hygiene practices, and other public health measures
to reduce the risk of transmission of COVID-19 consistent with the
guidance of the Iowa Department of Public Health (IDPH); and
WHEREAS, The IDPH’s reopening guidance advises that members of the public
consider the use of cloth face coverings when distancing is not possible
because wearing face coverings in public places where social distancing
measures are difficult (like grocery stores and pharmacies) can help slow
the spread of COVID-19, and refers the public to the “local public health
agency, the appropriate regulating agency or professional association”
with questions about how to implement its guidance; and
WHEREAS, A requirement that persons in Dubuque wear face coverings is essential
to reducing the risk of transmission of COVID-19, and necessary to protect
the health, welfare and safety of residents and visitors and accelerate local
recovery efforts; and
WHEREAS, A requirement to wear face coverings is consistent with the Governor’s
proclamation and the guidance of the IDPH and the Dubuque County
Department of Public Health; and
WHEREAS, Pursuant to Article III, Section 38A of the Iowa Constitution, the powers
vested in me as Mayor under Section 372.14(2) of the Iowa Code, Section
7-3-1 of the City of Dubuque Code of Ordinances, I deem it essential that
when present within the City of Dubuque all persons wear face coverings
as ordered below.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND OTHER VALID
EMERGENT CONCERNS, I, ROY D. BUOL, MAYOR OF THE CITY OF DUBUQUE,
PROCLAIM AND ORDER THE FOLLOWING:
I hereby determine that a state of emergency or public danger in the City of Dubuque
exists and continues.
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 when in a public place as
follows:
• In public, as opposed to being in one’s place of residence, when one cannot stay
six (6) feet away from others;
• Inside of any indoor public settings, for example, but not limited to:
• Grocery stores
• Pharmacies
• Hardware stores
• Retail stores
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• Other public settings that are not one’s place of residence and
when with persons who do not live in the household;
• Outside, if keeping six (6) feet away from others is not possible; and
• Using public transportation or a private car service (including taxis, ride
share, or carpooling).
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 Order, and businesses that are open to the public must post signs at
entrance(s) instructing customers of their legal obligation to wear a face covering while
inside.
The following persons are exempt from wearing a face covering:
• Persons younger than (two) 2 years of age due to the risk of suffocation
• Anyone who has trouble breathing or is on oxygen therapy or a ventilator
• Anyone who is unconscious, incapacitated, or otherwise unable to remove the
face covering without assistance
• Anyone who has been told by a medical, legal, or behavioral health professional
not to wear face coverings
• Anyone actively engaged in a public safety role, including but not limited
to law enforcement, firefighters, or emergency medical personnel,
although a mask should be worn if possible.
Places and times where persons are exempt from wearing a face covering:
• While traveling in a personal vehicle alone or with household members
• While a person is alone or in the presence of only household members
• While outside, if keeping six (6) feet away from others is possible
• While exercising at moderate or high intensity such as jogging or biking
• While seated at a food establishment in the process of eating or drinking
• While obtaining a service that would require temporary removal of the person’s
face covering
• When federal or state law prohibits wearing a face covering or requires the
removal of the face covering
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I continue to strongly encourage citizens to adjust to life with COVID-19 in an open
economy, prior to the availability of a vaccine, by:
1) Regularly washing your hands for twenty (20) seconds and routinely sanitizing
frequently touched surfaces;
2) Practicing social and physical distancing whenever possible; and
3) Monitoring your personal health and if you are exhibiting COVID-19 symptoms
or have been exposed to a positive COVID-19 case, staying home and
contacting your medical provider.
The provision of any prior proclamations shall continue until modified, rescinded, or
extended. This Order shall remain in place until rescinded.
Pursuant to City Code Section 7-3-1, a violation of this Order or any directive given
pursuant hereto by any police officer shall be unlawful and punishable as a simple
misdemeanor. Citation shall be a last resort to obtain compliance.
This Proclamation of emergency and public danger is part of an ongoing response of the
City of Dubuque to an ever-changing situation to protect public health and safety. This
proclamation may be modified or superseded with more restrictive proclamations at any
time as circumstances warrant. Please be aware these decisions have been made based
upon the information available today. You can find the most recent information about the
City’s response to COVID-19 at www.cityofdubuque.org.
PROCLAIMED THIS DAY OF 2020 BY THE AUTHORITY
VESTED IN ME BY THE CODE OF IOWA AND THE CITY OF DUBUQUE CODE OF
ORDINANCES.
IN WITNESS THEREOF, I have
hereunto set my hand and caused the
Great Seal of the City of Dubuque to
be affixed this day of
2020.
________________________________
Roy D. Buol, Mayor
Attest:
________________________________
Kevin S. Firnstahl, CMC, City Clerk
PROCLAMATION
WHEREAS, One of the greatest responsibilities of any elected official is the protection
of the electorate served and the protection of the greater public health and
safety; and
WHEREAS, On March 17, 2020, the Governor of Iowa issued a Proclamation of Public
Health Disaster Emergency after multiple cases of COVID-19 had been
confirmed in Iowa and the Iowa Department of Public Health determined
that community spread was occurring within the state; and
WHEREAS, As Mayor of the City of Dubuque I took an oath to uphold and defend the
Constitution of the United States and the Constitution of the State of Iowa;
and
WHEREAS, Iowa voters in 1968 passed the Home Rule Amendment to the Iowa
Constitution which constitutionalized local control in the State of Iowa;
and
WHEREAS, The Home Rule Amendment became Article III, Section 38A of the Iowa
Constitution granting municipalities the power to determine their local
affairs and government not inconsistent with the laws of the general
assembly; and
WHEREAS, Chapter 364 of the Iowa Code reaffirms the constitutional grant of home
rule authority to municipalities “to exercise any power and perform any
function it deems appropriate to protect and preserve the rights, privileges
and property of the city or its residents, and improve the peace, safety,
health, welfare and convenience of its residents”; and
WHEREAS, A “city may exercise its general powers subject only to limitations
expressly imposed by a state or city law,” and the exercise of a city power
“is not inconsistent with a state law unless it is irreconcilable with the state
law.” Iowa Code section 364.2(2) and (3); and
WHEREAS, Governor Reynolds has indicated the Governor’s emergency
management authority occupies the field and local governments are not
authorized to implement “Stay at Home Orders” or face mask mandates;
and
WHEREAS, The Governor has failed to perform the necessary analysis as to whether
local “Stay at Home Orders” and face mask mandates are irreconcilable
with her emergency management action; and
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WHEREAS, Until that analysis is done, or a court settles the question of preemption,
the matter is not settled; and
WHEREAS, A city may set standards “more stringent than those imposed by state
law, unless a state law provides otherwise.” Iowa Code Section 364.3(a);
City of Des Moines v. Gruen, 457 N.W.2d 340, 343 (Iowa 1990); Bryan
v. City of Des Moines, 261 N.W.2d 685, 687 (Iowa 1978); and
WHEREAS, Section 372.14(2) of the Iowa Code authorizes the Mayor “to govern
the city by proclamation, upon making a determination that time of
emergency or public danger exists”; and
WHEREAS, Pursuant to the powers vested in me as Mayor under Section 372.14(2)
of the Iowa Code and Section 7-3-1 of the City Code of Dubuque, I
issued a Proclamation of Civil Emergency due to the dangers presented
by the Novel Coronavirus 2019 (COVID-19) and declared my intention
to take such extraordinary measures as are in my judgment necessary
to maintain health, welfare and safety within the community; and
WHEREAS, A July 26, 2020 White House Coronavirus Taskforce report placed Iowa
in the red zone for cases, indicating more than 100 new cases per
100,000 population; and
WHEREAS, Dubuque County was one of the counties in the White House
Coronavirus Taskforce Report with the highest number of new cases in
the 3-week preceding the report; and
WHEREAS, The City of Dubuque is the largest municipality in Dubuque County; and,
WHEREAS, The White House Coronavirus Taskforce report made the following policy
recommendations for counties in the red zone:
• Public Messaging
o Wear a mask at all times outside the home and maintain
physical distance
o Limit social gatherings to 10 people or fewer
o Do not go to bars, nightclubs, or gyms
o Use take out or eat outdoors socially distanced
o Protect anyone with serious medical conditions at home by
social distancing at home and using high levels of personal
hygiene, including hand washing and cleaning surfaces
o Reduce your public interactions and activities to 25% of your
normal activity
• Public Officials
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o Close bars and gyms, and create outdoor dining opportunities
with pedestrian areas
o Limit social gatherings to 10 people or fewer
o Institute routine weekly testing of all workers in assisted living
and long-term care facilities
o Require masks for all staff and prohibit visitors
o Ensure that all business retailers and personal services require
masks and can safely social distance
o Increase messaging on the risk of serious disease for
individuals in all age groups with preexisting obesity,
hypertension, and diabetes mellitus, and recommend to shelter
in place
o Work with local community groups to provide targeted, tailored
messaging to communities with high case rates, and increase
community level testing
o Recruit more contact tracers as community outreach workers
to ensure all cases are contacted and all positive households
are individually tested within 24hours
o Provide isolation facilities outside of households if positive
individuals can't quarantine successfully
• Testing
o Move to community-led neighborhood testing and work with
local community groups to increase access to testing
o Surge testing and contact tracing resources to neighborhoods
and zip codes highest case rates
o Diagnostic pooling: Laboratories should use pooling of
samples to increase testing access and reduce turn around
times to under 12 hours. Consider pools of 2-3 individuals in
high incidence settings and 5 :1 pools in setting where test
positivity is under 10 %
o Surveillance pooling: For family and cohabitating households,
screen entire households in a single test by pooling specimens
of all members into single collection device
WHEREAS, This month brings the return to the City of thousands of students to attend
the local colleges and universities and the start of the school year for
elementary, middle, and high school students, which will further increase
the risk of spread of the virus within our community; and
WHEREAS, Members of the Dubuque Community School Board have asked the City
Council to ensure the safety of students, teachers, and staff in the public
schools by requiring mask wearing to reduce the spread of COVID-19 in the
community; and
4
WHEREAS, The Centers for Disease Control (CDC) has determined that face coverings
are a critical tool in the fight against COVID-19 that could reduce the
spread of the virus, particularly when used universally within communities;
and
WHEREAS, The Governor’s current proclamation requires that businesses and
gatherings ensure social distancing of employees, customers and
attendees, increased hygiene practices, and other public health measures
to reduce the risk of transmission of COVID-19 consistent with the
guidance of the Iowa Department of Public Health (IDPH); and
WHEREAS, The IDPH’s reopening guidance advises that members of the public
consider the use of cloth face coverings when distancing is not possible
because wearing face coverings in public places where social distancing
measures are difficult (like grocery stores and pharmacies) can help slow
the spread of COVID-19, and refers the public to the “local public health
agency, the appropriate regulating agency or professional association”
with questions about how to implement its guidance; and
WHEREAS, A requirement that persons in Dubuque wear face coverings is essential
to reducing the risk of transmission of COVID-19, and necessary to protect
the health, welfare and safety of residents and visitors and accelerate local
recovery efforts; and
WHEREAS, A requirement to wear face coverings is consistent with the Governor’s
proclamation and the guidance of the IDPH and the Dubuque County
Department of Public Health; and
WHEREAS, Pursuant to Article III, Section 38A of the Iowa Constitution, the powers
vested in me as Mayor under Section 372.14(2) of the Iowa Code, Section
7-3-1 of the City of Dubuque Code of Ordinances, I deem it essential that
when present within the City of Dubuque all persons wear face coverings
as ordered below.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND OTHER VALID
EMERGENT CONCERNS, I, ROY D. BUOL, MAYOR OF THE CITY OF DUBUQUE,
PROCLAIM AND ORDER THE FOLLOWING:
I hereby determine that a state of emergency or public danger in the City of Dubuque
exists and continues.
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 when in a public place as
follows:
5
• In public, as opposed to being in one’s place of residence, when one cannot stay
six (6) feet away from others;
• Inside of any indoor public settings, for example, but not limited to:
• Grocery stores
• Pharmacies
• Hardware stores
• Retail stores
• Other public settings that are not one’s place of residence and
when with persons who do not live in the household;
• Outside, if keeping six (6) feet away from others is not possible; and
• Using public transportation or a private car service (including taxis, ride
share, or carpooling).
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 Order, and businesses that are open to the public must post signs at
entrance(s) instructing customers of their legal obligation to wear a face covering while
inside.
The following persons are exempt from wearing a face covering:
• Persons younger than (two) 2 years of age due to the risk of suffocation
• Anyone who has trouble breathing or is on oxygen therapy or a ventilator
• Anyone who is unconscious, incapacitated, or otherwise unable to remove the
face covering without assistance
• Anyone who has been told by a medical, legal, or behavioral health professional
not to wear face coverings
• Anyone actively engaged in a public safety role, including but not limited
to law enforcement, firefighters, or emergency medical personnel,
although a mask should be worn if possible.
Places and times where persons are exempt from wearing a face covering:
• While traveling in a personal vehicle alone or with household members
• While a person is alone or in the presence of only household members
6
• While outside, if keeping six (6) feet away from others is possible
• While exercising at moderate or high intensity such as jogging or biking
• While seated at a food establishment in the process of eating or drinking
• While obtaining a service that would require temporary removal of the person’s
face covering
• When federal or state law prohibits wearing a face covering or requires the
removal of the face covering
The following businesses shall be restricted to fifty-percent (50%) capacity.
• Restaurants
• Bars
• Fitness Centers
I continue to strongly encourage citizens to adjust to life with COVID-19 in an open
economy, prior to the availability of a vaccine, by:
1) Regularly washing your hands for twenty (20) seconds and routinely sanitizing
frequently touched surfaces;
2) Practicing social and physical distancing whenever possible; and
3) Monitoring your personal health and if you are exhibiting COVID-19 symptoms
or have been exposed to a positive COVID-19 case, staying home and
contacting your medical provider.
The provision of any prior proclamations shall continue until modified, rescinded, or
extended. This Order shall remain in place until rescinded .
Pursuant to City Code Section 7-3-1, a violation of this Order or any directive given
pursuant hereto by any police officer shall be unlawful and punishable as a simple
misdemeanor. Citation shall be a last resort to obtain compliance.
This Proclamation of emergency and public danger is part of an ongoing response of the
City of Dubuque to an ever-changing situation to protect public health and safety. This
proclamation may be modified or superseded with more restrictive proclamations at any
time as circumstances warrant. Please be aware these decisions have been made based
upon the information available today. You can find the most recent information about the
City’s response to COVID-19 at www.cityofdubuque.org.
7
PROCLAIMED THIS DAY OF 2020 BY THE AUTHORITY
VESTED IN ME BY THE CODE OF IOWA AND THE CITY OF DUBUQUE CODE OF
ORDINANCES.
IN WITNESS THEREOF, I have
hereunto set my hand and caused the
Great Seal of the City of Dubuque to
be affixed this day of
2020.
________________________________
Roy D. Buol, Mayor
Attest:
________________________________
Kevin S. Firnstahl, CMC, City Clerk
Prepared by Crenna M. Brumwell, 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. ________-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 1 HEALTH AND SAFETY
REGULATIONS, 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:
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
2
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 professional
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
covering 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 Ordinance
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.
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.
3
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 Dubuque
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.
_____________________________________
Roy D. Buol, Mayor
Attest:
_________________________________
Kevin S. Firnstahl, City Clerk
Prepared by Crenna M. Brumwell, 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. ________-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 1 HEALTH AND SAFETY
REGULATIONS, BY ADDING A NEW SECTION 2 NOVEL CORONAVIRUS 2019
(COVID-19) MANDATES
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:
6-1-2: NOVEL CORONAVIRUS 2019 (COVID-19) MANDATES:
A. FACE COVERING REQUIREMENT.
1. 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:
a. Outside whenever one cannot stay at least six (6) feet away from others;
b. Inside any indoor public setting, for example, but not limited to:
i. Grocery stores.
ii. Pharmacies.
iii. Hardware stores.
iv. Retail stores.
v. Any other indoor public setting when with persons who do not live in the
person’s household.
c. When using public transportation or a private car service, including taxis, ride
share, or carpooling.
2. Places and times where a person is not required to wear a face covering:
a. While traveling in a personal vehicle alone or with household members.
b. While a person is alone or in the presence of only household members.
2
c. While outside, if keeping six (6) feet away from others is possible.
c. While exercising at moderate or high intensity such as jogging or biking.
d. While seated at a food establishment in the process of eating or drinking.
e. While obtaining a service that would require temporary removal of the person’s
face covering.
f. When federal or state law prohibits wearing a face covering or requires the
removal of the face covering.
3. The following persons are exempt from wearing a face covering:
a. Persons younger than (two) 2 years of age.
b. Anyone who has difficulty breathing or is on oxygen therapy or a ventilator.
c. Anyone who is unconscious, incapacitated, or otherwise unable to remove the
face covering without assistance.
d. Anyone who has been told by a medical, legal, or behavioral health
professional not to wear face coverings.
e. Anyone actively engaged in a public safety role, including but not limited to law
enforcement, firefighters, or emergency medical personnel, although a face
covering should be worn if possible.
4. 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
Ordinance while inside the business.
5. 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.
6. Violations.
a. 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).
b. 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.
3
c. 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.
d. 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.
7. Appeal.
a. Within ten (10) days of a violation a person may file with the Police Department
a written notice of appeal.
b. Upon appeal, a municipal infraction shall be issued pursuant to City of Dubuque
Code of Ordinances §1-4-2.
B. TEMPORARY CAPACITY RESTRICTIONS.
1. The following businesses shall be restricted to fifty-percent (50%) capacity.
a. Restaurants
b. Bars
c. Fitness Centers
2. The City shall make adjustments and accommodations as possible and safe to
offer these businesses flexibility in use of additional outdoor spaces, including
possible use of public streets and right-of-ways to account for the reduced indoor
capacity.
3. Violations. Any violation of this section is subject to a civil penalty per §1-4-2.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 6th day of August, 2020.
_____________________________________
Roy D. Buol, Mayor
Attest:
_________________________________
Kevin S. Firnstahl, City Clerk
Iowa General Assembly
STATEHOUSE
Des Moines, IA 50319
August 4, 2020
Dubuque City Council
Roy Buol, Mayor
Kevin Firnstahl, City Clerk
50 W. 13th St.
Dubuque, IA 52001
Dear City Council Members:
We write today to urge the Dubuque City Council to respond favorably to the plea of members
of the Dubuque Community School Board by instituting a City-wide mask or face-covering
requirement to reduce and reverse the rate of COVID -19 infection in the City. We suggest that
the policy remain in place until the disaster emergency declaration is lifted.
We reach out to you in response to the governor’s proclamation of July 17, in which the
governor “directs that all state agencies, school districts and other local governmental bodies and
agencies shall take all efforts to prepare to safely welcome back students and teachers to school
in-person this fall.”
We remain committed to working with you to ensure the health and safety of our mutual
constituents. We look forward to hearing from you regarding how we can assist in the successful
promotion and implementation of a face-covering policy for the City of Dubuque.
Thank you for your attention and prompt consideration.
Sincerely,
State Rep. Lindsay James State Senator Pam Jochum State Rep. Chuck Isenhart
Iowa House District 100 Iowa Senate District 50 Iowa House District 100
c: Brad Cavanagh, Ric Jones, Kevin Lynch, David Resnick, Laura Roussell, Danny Sprank,
Mike Van Milligan, Mary Rose Corrigan
1
Kevin Firnstahl
From:Mike Van Milligen
Sent:Tuesday, August 4, 2020 4:53 PM
To:Kevin Firnstahl
Cc:Roy D. Buol; Crenna Brumwell; Teri Goodmann
Subject:Fwd: [External Sender] Fwd: Dubuque Mask Mandate
From: Parks, Kate <kparks@dbqschools.org>
Sent: Monday, July 27, 2020 16:22
To: Roy D. Buol <rdbuol@cityofdubuque.org>; Ric W. Jones
<rjones@cityofdubuque.org>; David T. Resnick
<dresnick@cityofdubuque.org>; Laura Roussell
<Lroussell@cityofdubuque.org>; Danny Sprank
<Dsprank@cityofdubuque.org>; Brad Cavanagh
<Bcavanagh@cityofdubuque.org>
Cc: Prochaska, Jim <jprochaska@dbqschools.org>; Sainci, Anderson
<asainci@dbqschools.org>; Bradley, Nancy
<nabradley@dbqschools.org>; Donohue, Mike
<mdonohue@dbqschools.org>; srheingans@dbqschools.org
Subject: Dubuque Mask Mandate
Dear Mayor Buol and Members of the Dubuque City Council:
As you are aware, the Dubuque Community School district has been
tasked with prioritizing in-person education for our students and
moving to safe and fully in-person instruction as soon as
possible. Our hybrid plan is a step in that direction, but we can't fully
reopen schools until it is safe to do so and the spread of COVID-19 in
our community has decreased. We also understand that there are
only a few known tools in the toolbox to deal with COVID-19, one of
which is mask wearing in public. The return to learn plan requires
mask wearing in schools and on school busses. A county-wide
and/or city-wide mask mandate would be an important way to
support our efforts, while helping to reduce the spread of COVID-19
in the larger community, moving us closer to our goal of eventually
reopening schools fully. Local leaders can provide needed direction
for our residents and help establish the essential norm of wearing
masks when in public and where social distancing is not possible. A
mask mandate is not in our authority as a school board to order, but
we implore city and county officials to make this vital move forward
as soon as possible. Learning in a safe, in-person environment is
what is best for our students, teachers, and staff. With your
2
leadership, we hope that the community will mask-up for students
and schools.
Thank you for your consideration of this and your support of the
Dubuque Community School District.
Sincerely,
Nancy Bradley, Mike Donohue, Kate Parks, Jim Prochaska, and
Anderson Sainci
Click here to report this email as spam.
Suggested Motion Wording for Ordinances - Motion B / Motion A
Motion B
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended.
Second & vote called; then:
Motion A
I move final consideration and passage of the Ordinance.
Second & vote called
If Motion B does not pass:
I move to receive and file the communications and I move first (or second) consideration
of the Ordinance.
Upon third reading:
I move final consideration and passage of the Ordinance.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
08/08/2020
and for which the charge is 50.10
--;11-_ice.
CYZ.f
re me, a Nota ublic in
Subscribed toefoNotary and for
Dubuque County, Iowa,
this loth day of August, 2020
Nota
ublic in and for Dubuque'County, Iowa.
IJANET K. PAPE I
Commission Number 199559
,. '.,r wH011. Esp. DEC 11, 20221
Ad text : OFFICIAL
PUBLICATION
ORDINANCE NO. 31-20
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 1 HEALTH AND
SAFETY REGULATIONS, 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:
6-1-2: "FACE COVERING REQUIREMENT:
A. "Every person in the City of Dubuque three (3) 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
Brin
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 (three) 3 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 professional 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 covering should
be worn if possible.
6. "A student participating in co -curricular activities when
participating according to the Iowa High School Athletic
Association rules for wearing face coverings.
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 Ordinance 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.
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 Dubuque 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
1t 8/8