HomeMy WebLinkAboutA001 - Memo from City Attorney dated November 6, 2020 l
CITY OF MEMO
Ames Legal Department
Caring People•Qua# ,Programs•Excepkoual Semice
Item No. 19
To: Mayor Haila and Ames City Council
From: Mark O. Lambert, City Attorney
Date: November 6, 2020
Subject: Sunset clause in face-coverings ordinance
On September 1 , 2020, the Council adopted Ordinance #4420, which generally
mandated that people in Ames wear face coverings while in public settings.
The Ordinance contains a sunset clause. The Council chose December 31 ,
2020 as the date the ordinance would come to an end. The ordinance states:
"SUNSET CLAUSE: This ordinance expires and becomes null and void after
December 31 , 2020, unless the date in this clause is amended or the ordinance
is sooner repealed."
After the November 10, 2020 City Council meeting, there will be three
regular meetings of the Ames City Council before the end of the year. It
takes three readings to pass or amend an ordinance, and those readings
typically happen at separate Council meetings. So, we are now at the
point that the Council should decide whether it wants to extend the
ordinance or to let it expire after December 31.
If the Council chooses to extend the ordinance. I would suggest as a starting
point for discussion that extending by six months might be a good course of
action as it means that the Council will not have to keep addressing this issue
frequently. Of course. if Council members' opinions change or if the
coronavirus pandemic lessens, the Council may repeal the ordinance at any
time. A six-month extension would result in an ordinance ending date of June
30, 2021 . Of course. the Council. if it chooses to extend the expiration date.
can choose a shorter or longer time period.
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ALTERNATIVES:
1 . The Council can direct the City Attorney to draft an ordinance, for
consideration at the next regular Council meeting, extending the sunset
date on the face-coverings ordinance to some future specified date.
2. The Council can take no action and allow the face-coverings ordinance to
expire after December 31 , 2020, as is currently stated in the ordinance.
3. The Council can direct the City Attorney to draft an ordinance, for
consideration at the next regular Council meeting, repealing the sunset-
clause language in the face-coverings ordinance, with the result that the
ordinance will remain in effect until the Council takes action to repeal the
ordinance.