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File #: 210694    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 8/12/2021 In control: Transportation, Infrastructure and Operations Committee
On agenda: 8/19/2021 Final action: 8/19/2021
Title: Rescinding Order 21-01; requiring face coverings or masks at indoor places of public accommodations with certain exceptions; appropriating $1,000.00 from the Unappropriated Fund Balance of the Health Levy Fund; designating requisitioning authority; and recognizing this ordinance as having an accelerated effective date.
Sponsors: Quinton Lucas
Attachments: 1. 210694 Exhibit A-Masks, 2. Public Testimony- 210694 David McKinsey, 3. Public Testimony- 210694 Joel McKinsey, 4. Public Testimony- 210694 Paul Brune, 5. Public Testimony-210694 Lucas Vocelka, DO, 6. Public Testimony-210694 Majorie Wongs, 7. Public Testimony- 210694 Marci Wright, 8. Public Testimony-210694 Cristal Fuller, 9. Public Testimony-210694 Doni Edwards, 10. Public Testimony-210694 Jessica Marie Clark, 11. Public Testimony-210694 Kirby Karnes, 12. Public Testimony-210694 Lucas Vocelka, DO, 13. Public Testimony-210694 Natalie Scholl, 14. Public Testimony-210694 Samantha Brining, 15. Public Testimony-210694 Valarie Bratcher, 16. FiscalNote_210694, 17. Health Fund Admin Approp, 18. Public Testimony-210694 Sheila and Ken R., 19. Public Testimony-210694 Sheri Hennen, 20. Public Testimony-210694 Frank Thompson, 21. Mask Mandate- Aug 18 Presentation_FINAL, 22. Public Testimony-210694 Debra Hild, 23. Public Testimony-210694 Sarah O'Connell, 24. Public Testimony-210694 Heather Shulte, 25. Special TI&O Public Speaking 2, 26. 210694 (sub), 27. 210694 Authenticated Ordinance, 28. Mask Mandate- Aug 18 Presentation_FINAL




Rescinding Order 21-01; requiring face coverings or masks at indoor places of public accommodations with certain exceptions; appropriating $1,000.00 from the Unappropriated Fund Balance of the Health Levy Fund; designating requisitioning authority; and recognizing this ordinance as having an accelerated effective date.



WHEREAS, on March 12, 2020, a proclamation of a state of emergency was issued to allow the City of Kansas City to take measures to reduce the possibility of exposure to COVID-19 and promote the health and safety of Kansas City residents; and


                     WHEREAS, the current proclamation, the Sixth Amended Proclamation Declaring a State of Emergency, remains in effect until August 31, 2021, running parallel with the state of emergency declared by the Governor of the State of Missouri, and authorizes the Mayor to, among other things, issue orders protecting Kansas Citians from the contraction and spread of COVID-19; and


                     WHEREAS, COVID-19 spreads between people who are in contact with one another or present in shared spaces and a gathering of individuals without necessary mitigation for the spread of infection will pose a risk of the spread of infectious disease; and


WHEREAS, Missouri is experiencing another wave of new COVID-19 cases, fueled by low rates of full vaccination (under 50%), the spread of new strain of COVID-19 variant (the Delta variant), and COVID-19 hot spots now extending from southwest Missouri to Kansas City; and


                      WHEREAS, on August 10, 2021, the Kansas City Health Department confirmed 167,664 total cases of COVID-19 in Kansas City metro-wide and 2,391 deaths from COVID-19 in Kansas City metro-wide. In addition, the Centers for Disease Control (CDC) confirmed 204,000,000 total cases and 4,320,000 deaths world-wide; and


                      WHEREAS, on August 10, 2021, approximately 40.3% of all Kansas Citians were fully

vaccinated for COVID-19 and 48.5% have had at least one vaccine dose; and


WHEREAS, the number of COVID-19 cases and hospitalizations in Kansas City has increased steadily, the weekly average for new COVID-19 cases is the highest in almost six months, and local hospitals are at or near capacity; and


WHEREAS, on July 27, 2021, the CDC issued new guidance, recommending all vaccinated individuals (in addition to their previous recommendation for unvaccinated individuals) in “substantial” or “high” transmission areas, with either more than 50 cases per 100,000 people in the area over a seven-day period, or with a COVID-19 test positivity rate higher than 5%, wear masks indoors; and


WHEREAS, the four counties in which Kansas City is located (Cass, Clay, Jackson, and Platte) are currently classified as high transmission areas by the CDC; and


WHEREAS, Regional Health guidance from medical professionals in the Kansas City metropolitan area recommended a return to masks indoors in July 2021 based on the positivity rate for COVID-19 cases in Missouri and the increase in hospitalizations; and


WHEREAS, Kansas City Mayor Quinton Lucas signed Order 21-01 on July 30, 2021, requiring face coverings or masks at indoor places of public accommodations in Kansas City with certain exceptions, effective at 12:01 a.m. on Monday, August 2, 2021, and expiring Saturday, August 28, 2021, at 12:01 a.m. unless rescinded, extended, modified or amended pursuant to applicable law; and


WHEREAS, on July 30, 2021, Kansas City Interim Director of Health Frank Thompson, pursuant to RSMo. Section 67.265, submitted a report to City Council, attached hereto as Exhibit A, outlining and recommending a need for Order 21-01; and


WHEREAS, on August 18, 2021, Kansas City Interim Director of Health Frank Thompson, pursuant to RSMo. Section 67.265, submitted an updated report to City Council, attached hereto as Exhibit B, outlining and recommending a need for this ordinance; NOW, THEREFORE,



                     Section 1.  That Order 21-01, signed by Mayor Quinton Lucas on July 30, 2021, is hereby rescinded.


Section 2.  Community Health Guidance


A.                     All persons are encouraged to limit exposure by obtaining a federally-approved vaccine and properly wearing a face covering or mask when applicable and maintaining social distancing when indoors at a place of public accommodation. The use of face coverings or masks is recommended in indoor private settings and crowded outdoor settings where there is close contact with other people who may not be fully vaccinated.


B.                     As used herein, the terms below shall have the following meanings:


1.                     A “face covering or mask” means a uniform piece of cloth, fabric, or other material that securely covers a person’s nose and mouth.   It is properly worn when it remains affixed in place without the use of one’s hands.


2.                     A “place of public accommodation” means any place or business offering or holding out to the general public goods, services, privileges, facilities, advantages or accommodations for the peace, comfort, health, welfare, and safety of the general public.  Public accommodation shall not include a private club or a place of public accommodation owned or operated on behalf of a religious corporation, association, or society.


3.                     “Social distancing” is maintaining at least six-feet of distance from others.


Section 3.  Indoor Places of Public Accommodations                                                          


A.                     An individual in an indoor place of public accommodation must properly wear a face covering or mask while performing an activity involving close contact or proximity to co-workers or the public where six feet of separation is not feasible. These spaces include, but are not limited to, grocery and retail stores, special events, and public transit, but do not include private dwellings or private transportation vehicles.


B.                     Exceptions to the face covering or mask requirement include:


1.                     Minors below the age of 5; and


2.                     Persons who have disabilities where face coverings or masks constitute a substantial impairment to their health and well-being based upon medical, behavioral, or legal direction; and


3.                     Persons in a restaurant or tavern actively consuming food or drink; and


4.                     Persons obtaining a service involving the nose or face when temporary removal of the face covering or mask is necessary to perform the service; and


5.                     Persons who are alone in a separate room or office; and


6.                     Any interaction or gathering, per CDC guidance, where parties have knowledge all persons present are fully vaccinated by federally-approved vaccine(s).


Section 4. Violation of any provision of this ordinance constitutes an imminent threat and immediate menace to public health.  It shall be unlawful for any person to fail, neglect or refuse to comply with this ordinance, or for any person to otherwise violate or in any manner aid, assist, encourage, or support the commission or perpetration of a violation of this ordinance, and upon conviction thereof any such person shall be punished by a fine of not less than $25.00 and not more than $500.00, or by imprisonment in the municipal penal correctional institution for a period of time not less than one day and not more than six months. All remedies prescribed by this ordinance or otherwise available under applicable law shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy to enforce this ordinance.


Section 5.  The Interim Director of Health, the Director of Regulated Industries, the Chief of the Kansas City Police Department, and the Chief of the Kansas City Fire Department, or their designees (“Directors”) are, under the Constitutions of the United States and Missouri, the Kansas City Charter and this ordinance, subject to applicable law, authorized to enter all property necessary to enforce laws relating to public health and to provide for the avoidance, suppression or mitigation of disease, and abatement of nuisances and other unhealthy conditions. Upon complaint, or whenever the Directors deem an action carried on or engaged in by any person in the City detrimental to the public health, the Directors shall notify that person to show cause to the City at a time and place to be specified in the notice, why the trade or profession should not be discontinued or removed. The notice shall be served before the time specified therein as provided by law.


Section 6. Violation of any provision of this ordinance may result in the suspension or revocation of the Certificate of Occupancy and/or any license or permit issued by the City in accordance with Sections 18-23 and 40-28 of the City’s Code of Ordinances.


Section 7. If any provision of this ordinance or the application thereof to any person, entity, or circumstance is determined to be invalid by a court of competent jurisdiction, such determination shall not affect or impair the validity of the other provisions of this ordinance or its application to other persons, entities, and circumstances.


                     Section 8.  That the sum of $1,000.00 is hereby appropriated from the Unappropriated Fund Balance of the Health Levy Fund to the following account:


22-2330-502400-B                                                               Communicable Disease Prevention                                          $1,000.00


                     Section 9.  That the Interim Director of the Department of Health is designated as requisitioning authority for Account No. 22-2330-502400 and is hereby authorized to expend the sum of $1,000.00 in funds heretofore appropriated to the account.


                     Section 10.  That this ordinance, appropriating money, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(C) of the City Charter and shall take effect in accordance with Section 503 of the City Charter.


Section 11. That this ordinance shall expire on September 23, 2021, at 3:00 p.m. unless rescinded, extended, modified or amended pursuant to applicable law.





I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.




Tammy L. Queen

Director of Finance



Approved as to form and legality:




Eluard Alegre

Assistant City Attorney