Posted: May 08, 2020
Rapid City
Agenda Item Summary

Agenda Item Ref. #: LF051320 08

Agenda Item Title:

Second Reading and Recommendation of Ordinance No. 6424 An Emergency Ordinance Extending the Date by which the City can Implement Measures Necessary to Slow the Community Spread of Coronavirus (COVID-19)

Origination Group:
Legal & Finance Committee
Origination Meeting Date:
05/13/2020
City Council First Reading Date:
05/18/2020
City Council Second Reading Date:
06/01/2020
Staff Contact:
Joel Landeen, City Attorney
Agenda Item Summary:
The emergency ordinance to address COVID-19 which is the basis for the City’s current social distancing regulations is set to expire on June 6th. The peak for infections in Rapid City is not expected until sometime in June. In order to preserve your ability to address the spread of the disease through the projected peak, you will need to extend the emergency ordinance. Extending the emergency ordinance will allow you to impose additional restrictions by ordinance if the need arises. It will also allow you to modify, lessen, or remove by resolution any restrictions which have been previously imposed. The suggested extension is through July, but that does not mean that City mandated regulations or restrictions will need to remain in effect for that whole time. If we reach our peak of infections in June and are on the decline by July, the Council could repeal the ordinance, or could begin to reduce or repeal regulations by July. Approving the extension of the ordinance will provide you the flexibility to address the situation quickly if the need arises. If the ordinance is allowed to lapse and you later decide to act, you will need to start from scratch and it will likely take a week before any new regulations could be imposed.

Funding Source & Fiscal Impact (if applicable):

Funding Cost Center
N/A

Recommendations:

Origination Recommendation Action:
Approve
Origination Recommendation Notes:
If you fail to adopt the proposed ordinance your ability to respond to changing conditions will be extremely limited.
City Council Options:
If you approve, you will have the ability to continue to adjust any regulations to address COVID-19 by resolution. If you reject the amended ordinance, the current emergency ordinance will expire June 6th and all City rules and regulations related to social distancing will be automatically repealed. If circumstances change and you need to re-impose any regulations, you will need to start over and adopt a new ordinance which will require two readings.

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