READ: Rapid City Council edits to mask ordinance, new resolution proposed

Rapid City hasn’t made a call yet. Allender is calling a Common Council meeting Thursday to...
Rapid City hasn’t made a call yet. Allender is calling a Common Council meeting Thursday to “contemplate a mask mandate."(KOTA/KEVN)
Published: Nov. 30, 2020 at 1:46 PM CST
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RAPID CITY, S.D. (KOTA) - Two new items will be presented at Rapid City Council at 5:30 p.m. on Nov. 30. Both are similar, yet differ in severity of enforcement of masks in Rapid City.

On the agenda, this updated version of a mask ordinance is a new ordinance and an emergency resolution.

The additions to ordinance 6454 places the burden of enforcement on businesses rather than law enforcement. Specifically, city councilors changed the penalties, extended the length of the mandate would be in place and added in an “opt-out” and signage clauses to the ordinance.

The Emergency Resolution

The emergency resolution is an encouragement of masks in Rapid City. There would be no penalty for not wearing a mask in an indoor public place as long as individuals comply with a business that asks them to wear a mask. According to the resolution, a penalty could result in a fine of not less than $25 nor more than $100 and/or 30 days in jail or both the fine and imprisonment. The resolution would also be effective until Jan. 1, 2021.

The New Ordinance

Previously, the ordinance stated violating the mask ordinance would result in “a fine that’s no less than $1 nor more than $500 or 30 days in jail, or both,” according to Section 1.12.010 of the Rapid City Municipal Code.

Now, ordinance 6454 would have any penalty implemented through an administrative process, not a criminal process. The City will notify a business they’ve violated the rule, investigate and penalize accordingly. The City Code Enforcement will report the violation.

If the business continues to violate the ordinance, prosecution could occur. The total fine and costs for a violation of this ordinance will be $100. Each day that a violation occurs can be considered a separate offense.

Any indoor public place-- a bar, restaurant, brewery, café, casino, coffee shop, recreational or athletic facility, health club, grocery store, market, retail store, hardware store, sporting goods store, convenience store, home improvement store, pharmacy, drug store, food pantry, city-owned facility, house of worship, vehicle for hire, transportation networking company (TNC) vehicle, theater, or entertainment venue-- is included in the ordinance.

However, businesses have an option to opt-out and must post a sign saying they did so. The sign must say: “This business has opted out of the Rapid City ordinance requiring the wearing of masks or other face coverings. Masks or face coverings are recommended, but not required while in this building.”

If businesses don’t opt-out, they must post a sign that says: “Pursuant to Rapid City Ordinance 6454, masks or face coverings are required while in this building.”

These signs need to be visible and legible.

Before, the ordinance would go into effect until Jan. 1, 2021. That’s been extended to the end of February.

The items will be presented at 5:30 p.m. Nov. 30 in the City Chambers.

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