City of Papillion, NE
Sarpy County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Papillion as indicated in article histories. Amendments noted where applicable.]
NEBRASKA STATUTE REFERENCES
Section 125-1 — Neb. R.R.S. § 16-238.
Section 125-2 — Neb. R.R.S. § 16-231.
Section 125-11 — Neb. R.R.S. §§ 16-238, 16-240, 16-246 and 18-1720.
Section 125-19 — Neb. R.R.S. § 29-436.
[Adopted 12-4-1990 as Ch. 4, Art. I, of the 1990 Code]
For the purpose of promoting and preserving the health of the city and the inhabitants thereof, the Board of Health shall enforce such rules and regulations relative thereto as may from time to time be enacted or adopted. The Board of Health shall recommend that the Council enact, from time to time, such additional ordinances, not included herein, as shall embody all future rules, regulations and orders, together with suggested fines and punishment for violation thereof. The Board of Health shall have general supervision over the health of the city and is hereby authorized to establish quarantine limits within the city.
The Board of Health shall designate health nuisances and recommend to the Council that it authorize and institute proper proceedings for the abatement of the same. Such recommendation of the Board of Health for additional ordinances and for proceedings to abate existing health nuisances shall include all matters of health and sanitation of the city, including the removal of dead animals, the sanitary conditions of the streets, alleys, vacant grounds, stockyards, cattle and hog pens, wells, cisterns, privies, water closets, cesspools and stables and all places not specified where filth, nuisances and offensive matter is kept or is liable to or does accumulate. The Board of Health shall, when authorized by ordinance, take appropriate action to regulate, suppress or prevent the occurrence of nuisances and to enforce all laws of the State of Nebraska and all ordinances of the city, relating to the same or to matters of health and sanitation in the city.[1]
[1]
Editor's Note: Former § 4-103, disposal, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-5-1998 by Ord. No. 1264]
Any person who violates any of the prohibitions or provisions of any section of this article shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular section for which the person stands convicted of violating, the penalty for such violation shall be fined in any sum not exceeding $500 or imprisoned six months, or both said fine and imprisonment at the discretion of the sentencing court.
A. 
Whenever a nuisance exists as defined in this article, the municipality may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
B. 
Whenever, in any action, it is established that a nuisance exists, the court may together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
[1]
Editor's Note: See also Ch. 137, Nuisances, for more specific nuisance abatement procedures.
Each day, or part thereof, in which a violation under this article continues shall be a separate offense.
[Adopted 12-3-2020 by Ord. No. 1911]
A. 
The City Council hereby finds and declares, based upon the scientific and medical evidence before it, the following:
(1) 
The novel coronavirus (COVID-19) has impacted and continues to dramatically impact the citizens of the City of Papillion, Nebraska.
(2) 
Exposure to COVID-19 presents a risk of death or serious long-term disability; the exposure is widespread and poses significant risk of harm, including death, to people in the general population of the City of Papillion; there is a particular subset of the population that is more vulnerable to the threat and thus at an increased risk; and the threat is from a novel infectious disease.
(3) 
Information from the World Health Organization, the United States Centers for Disease Control and Prevention (CDC), Nebraska Department of Health and Human Services, the Sarpy/Cass Health Department, local public health departments throughout Nebraska, and members of the City of Papillion, Sarpy County, and metropolitan medical community indicates that citizens of the metropolitan area, including the City of Papillion, have been and will continue to be exposed due to community transmissions of COVID-19.
(4) 
The manner in which the spread of COVID-19 cases in the City of Papillion has occurred creates an unacceptable risk to the health, safety, and welfare of the citizens of the City of Papillion.
(5) 
The number of COVID-19 infections within the City of Papillion continues to increase.
(6) 
COVID-19 constitutes a threat to the health, safety, and welfare of the City of Papillion.
(7) 
The Director of the CDC, the Director for the Sarpy/Cass Health Department, doctors and infectious disease experts from the University of Nebraska Medical Center and Nebraska Medicine, as well as others in the medical community, have concluded that the wearing of face coverings by every individual while in public is one of the best methods to slow and stop the spread of COVID-19.
(8) 
The wearing of face coverings by every individual while indoors in public places in the City of Papillion will reduce community transmissions of COVID-19, resulting in fewer deaths and serious health complications, and will ease the strain on hospitals and other medical offices and facilities.
(9) 
The wearing of face coverings by every individual while indoors in public places in the City of Papillion will help keep businesses open and operating, encouraging economic growth and preventing prolonged economic harm.
(10) 
It is just and proper for the City Council to exercise the authority granted to it by Nebraska statutes and City ordinances in furtherance of protecting the public health, safety, and welfare, including but not limited to Neb. R.R.S. §§ 16-238, 16-240, 16-246, and 18-1720.
For purposes of this ordinance, the following terms are defined as follows:
FACE COVERING
A covering which, when worn properly, must cover the nose and mouth completely and can include a paper or disposable face mask, a cloth face mask, a scarf, a bandanna, a neck gaiter, or a religious face covering. Medical-grade masks and respirators are sufficient face coverings, but to preserve adequate supplies, their purchase and use is discouraged for those who do not work in a health-care setting or in other occupations that require medical-grade personal protective equipment. Masks that incorporate a valve designed to facilitate easy exhaling, mesh masks, or masks with openings, holes, visible gaps in the design or material, or vents are not sufficient face coverings because they allow exhaled droplets to be released into the air.
PREMISES THAT ARE (OR IS) OPEN TO THE GENERAL PUBLIC
Property upon or into which any members of the public are allowed to enter. The term is intended to be broadly defined to include without limitation real or personal property owned by or operated by entities that employ or engage workers, including private-sector entities, public-sector entities, nonprofit entities, regular commercial or business establishments, private clubs, religious centers or buildings, public transportation (including buses, taxis, ride-sharing vehicles, or vehicles used for business purposes), and any place which is generally open to the any members of the public, including educational institutions and day-care facilities.
THIS ORDINANCE
The ordinance enacting §§ 125-11 through 125-23, and subsequent amendments or supplements thereto.
A. 
All individuals aged five years and older shall wear a face covering over their mouth and nose while indoors in a premises that is open to the general public, including, but not limited to, educational institutions, unless the individual maintains a minimum of six feet of separation or social distance at all times from anyone who is not a member of the individual's household.
B. 
Notwithstanding Subsection A above, face coverings shall not be required if the individual:
(1) 
Is seeking federal, state, county, or city governmental services;
(2) 
Is seated at a bar or restaurant to eat or drink, or while immediately consuming food or beverages;
(3) 
Is engaged in an occupation preventing the wearing of a face covering;
(4) 
Is obtaining a service or purchasing goods or services that require the temporary removal of the face covering;
(5) 
Is asked to remove a face covering to verify an identity for lawful purposes;
(6) 
Is providing a speech, lecture, or broadcast to an audience so long as six feet of distancing from other individuals is maintained; or
(7) 
Cannot otherwise wear a face covering because of a medical condition, a mental health condition, or a disability that makes it unreasonable for the individual to wear a face covering.
C. 
Nothing in this section shall prohibit the owner or person in charge of a premises that is open to the general public, including but not limited to the owner or person in charge of any federal, state, City, or other governmental facility, from requiring an individual to wear a face covering during any of the circumstances enumerated in Subsection B above or from implementing a more restrictive face covering policy.
A. 
Any individual or entity which maintains premises that are open to the general public, including, but not limited to, educational institutions, shall require all individuals aged five years and older to wear a face covering over their mouth and nose while indoors in said premises, unless the individual maintains a minimum of six feet of separation or social distance at all times from anyone who is not a member of the individual's household.
B. 
Notwithstanding Subsection B above, a face covering of an individual will not be required if the individual:
(1) 
Is seeking federal, state, county, or City governmental services;
(2) 
Is seated at a bar or restaurant to eat or drink, or while immediately consuming food or beverages;
(3) 
Is engaged in an occupation preventing the wearing of a face covering;
(4) 
Is obtaining a service or purchasing goods or services that requires the temporary removal of the face covering;
(5) 
Is asked to remove a face covering to verify an identity for lawful purposes;
(6) 
Is providing a speech, lecture, or broadcast to an audience so long as six feet of distancing from other individuals is maintained; or
(7) 
Cannot otherwise wear a face covering because of a medical condition, a mental health condition, or a disability that makes it unreasonable for the individual to wear a face covering.
C. 
Nothing in this section shall prohibit the owner or person in charge of a premises that is open to the general public, including but not limited to the owner or person in charge of any federal, state, City, or other governmental facility, from requiring an individual to wear a face covering during any of the circumstances enumerated in Subsection B above or from implementing a more restrictive face covering policy.
Any individual or entity which maintains premises that are open to the general public, including but not limited to educational institutions, must post one or more signs that are visible to all persons, including workers, customers, and visitors, instructing them to wear face coverings as required by this ordinance. The signs required by this section must be printed on a poster or paper that is a minimum size of 8.5 inches by 11 inches, and be written or typed in a legible font or typeface that is no smaller than 12 points of leading or 12-point type.
A. 
The provisions of this ordinance shall not apply to:
(1) 
Courts of law; public utilities or federal, state, county, or City operations; medical providers, facilities, or pharmacies; congregate living centers or facilities; group homes and residential drug and/or mental health treatment facilities; shelters; airport travel; election offices; polling places on an Election Day; or residential dwelling units.
(2) 
Children under the age of five years. While children aged three and four years may wear a face covering if that child can remove the face covering without assistance, guidance from the CDC states that children two years old and under should never wear a face covering due to the risk of suffocation.
(3) 
Federal and state activities. Nothing in this ordinance shall be construed to limit, prohibit, or restrict in any way the operations of the federal or state government or the movement of federal or state officials in the City while acting in their official capacity, including federal and state judicial, legislative, and executive staff and personnel.
(4) 
Individuals at their workplace when wearing a face covering would create a job hazard for the individual or others, as determined by federal, state, or local regulators or workplace safety and health standards and guidelines.
(5) 
Individuals who are alone in an office, room, a vehicle, the cab of heavy equipment or machinery, or an enclosed work area. In such situations, the individual should still carry a face covering to be prepared for person-to-person interactions and to be used when the individual is no longer alone.
(6) 
Individuals who are seated at a desk or standing at a stationary work station, provided that the desk or work station has a solid plexiglass or plastic barrier installed upon it which cannot be moved.
(7) 
Individuals who are officiating at a religious service.
(8) 
Individuals communicating with other individuals who are deaf or hard of hearing or who have a disability, medical condition, or mental health condition that makes communication with that individual while wearing a face covering difficult, provided that minimum social distancing of six feet or more is maintained to the extent possible between persons who are not members of the same household.
(9) 
Individuals who are engaged in activities, such as swimming or showering, where the face covering will get wet.
(10) 
Individuals who are exercising in an indoor business or indoor space such as a gym or fitness center, while the level of exertion makes it difficult to wear a face covering, provided that minimum social distancing of six feet or more is maintained at all times.
(11) 
Individuals in an indoor premises that is generally open to the public while playing a musical instrument that cannot be played when a face covering is worn, provided that a minimum social distancing of six feet or more is maintained at all times.
(12) 
Individuals actively participating in a team sports activity, while the level of exertion makes it difficult to wear a face covering.
(13) 
Public safety workers actively engaged in a public safety role, including but not limited to law enforcement personnel, firefighters, or emergency medical personnel, in situations where wearing a face covering would seriously interfere in the performance of the individual's public safety responsibilities.
B. 
Nothing in this section shall prohibit the owner or person in charge of a premises that is open to the general public, including but not limited to the owner or person in charge of any federal, state, City, or other governmental facility, from requiring an individual to wear a face covering during any of the circumstances enumerated in Subsection B above or from implementing a more restrictive face covering policy.
Any individual or entity which maintains premises that are open to the general public who fails to comply with the requirements of this ordinance is hereby declared to be a nuisance and a danger to the public health, safety, and welfare.
The provisions of this ordinance shall only apply to all persons and property within the corporate limits of the City of Papillion and shall not apply in the extraterritorial jurisdiction of the City.
Any individual or person who is found to have violated any of the provisions of this ordinance shall be guilty of an infraction as defined in Neb. R.R.S. § 29-436 and shall be subjected to the fines set forth in such § 29-436; provided, however, the fine for an initial offense shall be $25. Each instance of violation of this ordinance may be considered a separate offense.
In addition to any other penalty sought or obtained under this ordinance or other applicable law, the City may institute injunctive or other appropriate civil proceedings necessary to obtain compliance with this ordinance or to abate any nuisance resulting from violations of this ordinance.
The requirements imposed by this ordinance shall expire and terminate at such time as the percentage of COVID-19 patients occupying staffed hospital beds drops below 20% based on a fourteen-day rolling average, also known as the "yellow" zone in the State of Nebraska Directed Health Measures color phases, unless otherwise extended by ordinance of the City Council.
The Fire Chief, or his or her authorized delegate, shall, on every Tuesday while the provisions of this ordinance remain in effect, prepare or update a report to be delivered to the Mayor and City Council. To the extent that the information is available from the Sarpy/Cass Health Department, the report shall contain information from the prior week on the status of COVID-19 infections in the City, and shall include information on the current number of cases in the City, the number of new cases diagnosed, the number of tests performed, the positivity rate of those tests, the number of new deaths that have occurred, the Papillion area hospital occupancy rate, the ventilator utilization rate, the COVID-19 hospitalization rate, a breakdown of cases by zip code, and any such other information that the said official or delegate deems relevant to the spread of COVID-19 within the City of Papillion.
The sections, subsections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any section, subsection, paragraph, sentence, clause, or phrase of this ordinance shall be declared invalid, unenforceable, or unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such invalidity, unenforceability, or unconstitutionality shall not affect any of the remaining sections, subsections, paragraphs, sentences, clauses, or phrases of this ordinance.