2022-1178 Relating to Emergency Face Covering RequriementsCITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2022-1178
AN EMERGENCY ORDINANCE RELATING TO FACE COVERING REQUIREMENTS
WITHIN SPECIFIED INDOOR SPACES WITHIN THE CITY OF HOPKINS, MINNESOTA
The council of the City of Hopkins hereby ordains as follows:
Section 1. Preamble
Since March 16, 2020, the City of Hopkins has been under a declared local emergency, due to
the worldwide COVID-19 pandemic. The conditions that gave rise to the state of emergency
continue to exist. The United States leads the world in the number of confirmed COVID-19 cases,
and in some parts of the United States, the number of confirmed cases is surging, posing a threat
to the response capabilities of health care facilities. Growing scientific evidence indicates that the
wearing of face coverings in public significantly reduces the risk of infection from the coronavirus.
The Center for Disease Control and Prevention, the Minnesota Department of Health, the Mayo
Clinic, and Governor Tim Walz have all urged the use of face masks as a measure to reduce or
prevent the spread of COVID-19. This emergency ordinance is adopted in response to the
emergency and in accordance with Section 3.03 of the City Charter to protect the public safety,
health and welfare.
Section 2. Findings
The Hopkins City Council makes the following findings:
2.01 The COVID-19 disease presents a serious health risk to the residents of Hopkins. As of
January 5, there have been 57.7 million confirmed cases in the United States, resulting in
831,118 deaths, 1,045,170 million confirmed cases in Minnesota, resulting in 10,740
deaths. In Hennepin County the seven day positivity rate is up 22.6%, there have been
196,427 confirmed cases in Hennepin County, resulting in 2,152 deaths, and 3,223
confirmed cases in Hopkins resulting in 64 deaths (as of December 27).
2.02 Scientific studies suggest that wearing face coverings significantly reduces the risk of
infection from the coronavirus and that face-covering mandates could save hundreds of
thousands of lives in the United States.
2.03 Many businesses in the city already require face coverings for employees and customers,
and others have indicated that they would also if the local jurisdiction requires it.
2.04 The primary benefit of most face coverings is that it reduces the spread of infection by the
wearer to others. Because many persons infected with the coronavirus may be
asymptomatic or presymptomatic, without any reason to know that they have the disease,
a face-covering requirement protects the health of others, such as business employees
who provide essential services to the public.
Ordinance No. 2022-1178 Page 2
2.05 Businesses are adversely impacted when employees become infected or must be
quarantined due to an exposure. Employee illness can result in temporary closure of some
businesses. Reducing the rate of employee illness provides an economic benefit to
individual businesses and to the economy as a whole. The state encourages businesses
to “Stay Safe to Stay Open.”
2.06 This ordinance is enacted for the purpose of protecting the public health, promoting the
local economy, minimizing the need for future reclosing based on public health, and
reducing the demand that COVID-19 cases place upon the healthcare system.
Section 3. Face covering requirement
3.01 Definitions
1. For purposes of this ordinance “face covering” means a manufactured or
homemade cloth covering that fully covers an individual’s nose and mouth. Cloth
face coverings include surgical masks, N‐95 masks, but do not have to be hospital
grade, but need to cover the nose and mouth. The terms “mask” and “face
covering” are synonymous.
2. For purposes of this ordinance, a “space of public accommodation” means a
business, refreshment, entertainment or recreation facility, or an institution of any
kind, whether licensed or not, whose goods, services, facilities, privileges,
advantages, or accommodations are extended, offered, sold or otherwise made
available to the public. Examples include retail stores, rental establishments, city-
owned buildings, and service establishments as well as recreational facilities, and
service centers. This definition includes establishments and facilities that offer food
and beverage not for on-premises consumption, including grocery stores, markets,
convenience stores, pharmacies, drug stores, and food pantries.
3.02 Except as exempted by section 3.04 of this ordinance, all individuals must wear a face
covering in indoor areas accessible to the public within the city of Hopkins. Specific to the
face covering mandate in this section 3.02, the following shall also apply:
1. Restaurants and bars must include the requirements of this ordinance in their
COVID-19 Preparedness Plan.
2. Spaces of public accommodation. Owners and managers of spaces of public
accommodation must include in their COVID-19 Preparedness Plan that all
employees wear a face covering when the individual is within any area open to the
public or within six feet of another person. Customers are required to wear a face
covering before entering and until exiting.
3. Gyms, fitness centers and sports facilities, including city-owned sports facilities.
Employees, staff, participants and spectators are required to wear a face covering
at all times when the individual is indoors and within six feet of another person.
Face masks are not required for an individual while actively participating in
permitted athletic activities. Businesses must include the requirements of this
ordinance in their COVID-19 Preparedness Plan.
Ordinance No. 2022-1178 Page 3
4. Indoor entertainment venues, including theaters. All employees and customers
must wear face coverings when inside the entertainment venue and not seated in
their assigned seat; individuals speaking to an audience are not required to wear
a mask while speaking, as long as the speaker remains six feet or more away from
other individuals. All indoor entertainment venues must include the requirements
of this ordinance in their COVID-19 Preparedness Plan.
5. Indoor Common spaces in multi-family residential and multi-tenant office buildings.
Residents of multi-family housing building and their guests, and tenants and
employees in multi-tenant office buildings and their guests, shall wear a face
covering when in indoor common spaces such as hallways, corridors, lobbies,
restrooms, mail rooms, elevators, trash and recycling rooms, fitness rooms,
recreation rooms, laundry rooms and other space owned and used in common by
the residents, employees and tenants of the building; except, that an individual
within a fitness center is not required to wear a mask while actively participating in
permitted athletic activities.
6. City buildings. City employees and all other individuals must wear face coverings
within those portions of city-owned buildings that are open to the general public.
This paragraph does not apply to city-owned facilities that are otherwise covered
by paragraph 3 above.
3.03 Other requirements:
1. Except for facilities exempted by section 3.04 of this ordinance, all employers of
businesses that are spaces of public accommodation, as defined by this ordinance,
shall require their employees to wear a face covering whenever such employees
have face-to-face contact with the public, unless other physical barriers are in
place or at least six feet of separation is maintained according to CDC guidelines.
2. Owners or managers of property subject to this ordinance shall post written notice
at all points used by the public to access the property, notifying the public that face
coverings are required.
3.04 Exemptions. The following locations and individuals are exempted from this ordinance:
1. Facilities operated by the county, state or federal government or a political
subdivision of the state of Minnesota (other than facilities operated by the city of
Hopkins).
2. Children five (5) years of age and under.
3. Individuals actively eating or drinking.
4. Individuals temporarily removing the face covering for identification purposes.
5. Individuals unable to wear a mask due to medical, disability or developmental
reasons.
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6. Individuals unable to remove their face covering without assistance.
7. Individuals speaking to someone who is deaf or hard of hearing and requires the
mouth to be visible to communicate effectively.
8. Participants actively participating in youth sports activities.
9. Places of worship, so long as these establishments have written COVID-19
Preparedness Plans that are in compliance with State Guidelines.
10. Public and private school facilities, so long as these establishments have written
COVID-19 Preparedness Plans that are in compliance with State Guidelines.
11. Individuals, with approval of the public accommodation, speaking to a group of
individuals, or testifying in front of an audience are not required to wear a mask
while speaking, as long as the speaker remains six feet or more away from other
individuals and other individuals are wearing masks.
12. Any public safety personnel actively engaged in an emergency response
situation.
13. Polling locations, no voter may be told to leave the premises for refusal to wear a
mask.
3.05 Enforcement.
1. Any individual who fails to comply with this ordinance must be asked to leave by
an authorized representative of the business or organization. If the individual
continues to refuse to leave, law enforcement may enforce trespassing laws or any
other law the individual may violate. Businesses and organizations may rely on an
individual's statements if they claim to be exempt from the ordinance due to
medical, disability, or developmental reasons.
2. An individual’s subsequent failure to comply with this ordinance may be subject to
the penalty provisions of City Code Sec. 1-20, which provides that violation of an
emergency regulation adopted by the city council is a misdemeanor offense.
3. Any business violating this ordinance shall be subject to administrative action for
any licenses they possess with the city.
Section 4. Recommendations
1. The requirement in this Order that face-coverings be worn in certain circumstances
is intended to add to (and not substitute for) other practices (such as hand washing,
staying home when sick, and maintaining appropriate physical distancing of at
least six feet) as recommended by public health officials to minimize the spread of
COVID-19.
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2. It is recommended that any individual cover their nose and mouth with a mask or
a cloth face covering when physical distancing standards or at least six feet of
separation cannot be maintained among all individuals in accordance with CDC
guidelines when in outdoor spaces.
3. Businesses and organizations are encouraged to provide masks for customers at
no or nominal cost.
Section 5. Enforcement
This emergency ordinance supersedes inconsistent or conflicting provisions of the City Code and
any resolution or ordinance while this emergency ordinance remains in effect. To the extent that
this ordinance directly conflicts with County, State or Federal ordinances, they would take
precedence.
Section 6. Duration
This ordinance will expire on the earlier of:
1. February 13, 2022;
2. Upon the expiration of the local emergency to which it relates; or
3. Upon the issuance of an executive order by County, State or Federal mandates
the wearing of face coverings for any geographic area that includes Hennepin
County, Minnesota.
Section 7. Effective Date
This uncodified emergency ordinance adopted pursuant to the Hopkins City Charter Section 3.03,
shall take effect at 12:01 a.m. on January 14, 2022.
Adopted by the City Council of the City of Hopkins, Minnesota, on January 11, 2022.
Patrick Hanlon, Mayor
Attest:
Amy Domeier, City Clerk