1st Reading:
2nd Reading:
Date Adopted:
Date Published:
Effective Date:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING A “STAY AT
HOME” ORDER FOR THE CITY OF SIOUX FALLS FOR CONTAINMENT OF THE
COVID-19 PANDEMIC.
WHEREAS, in December 2019, the novel coronavirus (COVID-19) was first identified and
since that time has spread throughout the world, including to every state in the United States; and
WHEREAS, the first cases of COVID-19 appeared in the United States in January 2020; and
WHEREAS, the risk of community spread of COVID-19 has grown exponentially since then;
and
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a
pandemic; and
WHEREAS, on March 12, 2020, the Mayor issued Executive Order No. 218 declaring an
emergency to address the novel Coronavirus COVID-19; and
WHEREAS, on March 13, 2020, the Governor declared an emergency in the state of South
Dakota in response to the COVID-19 pandemic; and
WHEREAS, on March 23, 2020, the Governor issued Executive Order 2020-08 setting forth
guidelines and recommendations regarding personal, business, and healthcare precautions to be
taken in response to the COVID-19 pandemic; and
WHEREAS, on March 24, 2020, the Governor announced that she recommended that all
K-12 schools in South Dakota remain closed until May 1, 2020; and
WHEREAS, on April 6, 2020, the Governor announced that K-12 schools should remain closed
through the remainder of the school year; and
WHEREAS, on April 6, 2020, the Governor issued Executive Order 2020-12 setting forth
requirements regarding personal, business, and healthcare precautions to be taken in response to
the COVID-19 pandemic, and Executive Order 2020-13 requiring “Vulnerable Individuals” in
Minnehaha and Lincoln Counties to stay at home except when working in critical infrastructure
jobs and/or conducting essential errands; and

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 WHEREAS, on April 10, 2020, the Secretary of the Department of Health for the State of South
Dakota, with the consent and authorization of the Governor, declared a public health emergency
to exist within Minnehaha County, South Dakota; and
WHEREAS, COVID-19 is continuing to spread across the community with national, state, and
local health authorities confirming that person-to-person contact is creating a public health
danger; and
WHEREAS, the risk of community spread of COVID-19 through person-to-person contact is
magnified when people congregate together; and
WHEREAS, if COVID-19 continues to spread at the current rate, the available medical facilities
will be stressed and eventually overloaded with critical patients; and
WHEREAS, as of 12 noon on April 13, 2020, there have been 654 confirmed cases of COVID19 within Minnehaha County, 578 of which are active (i.e., the individual is not yet considered to
have recovered); and
WHEREAS, as of 12 noon on April 13, 2020, there have been 50 confirmed cases of COVID-19
within Lincoln County, 29 of which are active; and
WHEREAS, as of 12 noon on April 13, 2020, there have been 868 confirmed cases of COVID19 within the state of South Dakota, 661 of which are active; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) recommend certain
actions for the preparation and mitigation of community transmission of COVID-19, including,
but not limited to, social distancing measures and restricting the size of gatherings; and
WHEREAS, it is critical that all persons located in the City of Sioux Falls, South Dakota,
whether residents or visitors, shelter at home, unless providing an essential service, seeking
health care, engaging in life sustaining activities or activities that support life sustaining
activities; and
WHEREAS, it is critical that all persons engage in all available health measures, including hand
washing, maintaining a safe distance of at least six feet from other people in public, isolating
themselves if ill, only purchasing supplies necessary for personal use, and remaining calm; and
WHEREAS, we are a caring, noble community able to rise to the challenge of these times as we
come together as a community and care for one another's life and well-being above our own
personal comfort or convenience; and
WHEREAS, these measures are necessary in order to protect, preserve, and promote the general
health, safety, and welfare of the public; and
WHEREAS, SDCL 9-32-1 confers upon municipalities the power to do what may be necessary
or expedient for the promotion of health or the suppression of disease; and

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 WHEREAS, the City of Sioux Falls has established a Board of Health and prescribed its powers
pursuant to SDCL 9-32-2; and
WHEREAS, Section 92.053 of the Code of Ordinances of the City of Sioux Falls, SD, confers
upon the Sioux Falls Board of Health full power to take all steps and use all measures necessary
to promote the general cleanliness and healthfulness of the city and the general health and wellbeing of the people and community served, and to adopt any regulations, rules, or measures
deemed advisable to carry out such charges; and
WHEREAS, the Sioux Falls Board of Health convened an emergency meeting on April 15, 2020
and unanimously recommends approval of the “Stay at Home” Regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SIOUX FALLS, SD:
Section 1: Stay at Home Mandated
Effective immediately upon publication on April 24, 2020, residents of and visitors to Sioux
Falls shall stay at home or a place of residence if possible, except to work in a critical
infrastructure sector job or to conduct essential activities, both as defined herein.
A “critical infrastructure sector job” is one listed below or in the attachment to the U.S.
Department of Homeland Security, Cybersecurity and Infrastructure Security Agency (CISA)
Memorandum on Identification of Essential Critical Workers During COVID-19 Response,
updated March 28, 2020, attached hereto as Exhibit A and incorporated herein by reference. The
following are “critical infrastructure sector jobs” for purposes of this Ordinance:
•
•
•
•
•

Construction workers who support the construction, operation, inspection, and
maintenance of construction sites and construction projects (including housing
construction)
Workers such as plumbers, electricians, exterminators, and other service providers who
provide services that are necessary to maintaining the safety, sanitation, construction
material sources, and essential operation of construction sites and construction projects
Professional services, such as legal or accounting services, insurance services, real estate
services (including appraisal, home inspection, and title services), and veterinary
services, inclusive of support staff.
Employees of biotech companies
Employees of financial institutions such as banks, credit unions, and insurance companies

For purposes of this Ordinance, homes or places of residence include apartments, hotels, motels,
shared rental units, dormitories, shelters, long-term care facilities, and similar facilities where a
person may presently reside.

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 Section 2: Prohibition on Non-Essential Activities; Exception for Essential Activities; and
Definition of Essential Activities
Non-essential activities are prohibited during the effective dates of this Ordinance, including any
extensions thereof. Non-essential activities are all activities not listed as essential.
Essential activities, and persons engaged in or pursuing essential activities, are an exception to
the prohibition set forth herein.
Essential activities are:
1) working in a critical infrastructure sector job, or traveling to or from such job;
2) complying with an order of law enforcement or court, or for legally-mandated government
purposes;
3) conducting essential errands (including, by way of example and not limitation, obtaining
medication, groceries, gasoline, and personal hygiene items) for themselves and their
family or household members or persons who are unable to or who should not leave their
home (e.g., Vulnerable Individuals who are either adults over the age of sixty-five (65)
and people of any age who have serious underlying medical conditions), or to deliver
those services or supplies to others;
4) engaging in activities, performing tasks, or obtaining supplies essential to their health and
safety, or to the health and safety of their family, those living in their residence, or pets;
5) visiting a healthcare or behavior healthcare professional. Individuals should rely on
telehealth options whenever feasible;
6) obtaining supplies needed to work from home;
7) engaging in the minimum necessary activities to maintain the value of their business’s
inventory, ensure security, process payroll and employee benefits, or other related
functions for those business that are not part of the critical infrastructure sector;
8) engaging in outdoor activity, including visiting public parks, (for example, walking,
biking, hiking, running, tennis or golfing), provided that individuals, except those from
the same residence, must comply with physical distancing requirements of six feet and
any applicable orders from the municipality where the park is located;
9) engaging in drives with other members of one’s household for the purpose of leisure or to
travel to or from an essential activity;
10) obtaining food or beverage by means of drive-through or carryout;
11) caring for or transporting a family member in another residence, including transporting
children pursuant to an existing parent time schedule or for other visitations pertaining to
a child in need of protective services;
12) transporting children or dependents for childcare purposes as necessary to allow the
parent or caregiver to work in a critical infrastructure job;
13) relocating to another residence;
14) leaving their home or residence to stay at a safe alternative location in the event their
home or residence is or becomes unsafe, including without limitation, victims of
domestic violence;
15) traveling to and from educational institutions for purposes of receiving materials for
distance learning, for receiving meals, or any other related services.

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 Section 3: Businesses
All business are encouraged to remain open, and to the greatest extent feasible, all businesses
shall comply with physical distancing requirements, including, but not limited to, maintaining six
feet of physical distance between people, both employees and the general public; using
technology whenever possible to avoid meeting in person, including virtual meetings and
teleconference; off-setting shift hours and/or days; ensuring employees exhibiting symptoms of
COVID-19 are excluded from the workplace; implementing a policy of no longer shaking hands;
and requiring employees to conduct work remotely where feasible.
Section 4: Quarantine
If someone has tested positive for COVID-19, all members of that person’s household shall
quarantine at home unless otherwise directed by a medical professional or as necessary to obtain
emergency care or services. Members of the household should not go to work, school, or any
other community function for a period of 14 days, or such other period as may be recommended
by the CDC or a medical professional.
Section 5: Homelessness
Individuals experiencing homelessness are exempt from the requirements of this Ordinance.
Individuals experiencing homelessness are strongly urged to practice appropriate social
distancing from other people.
Section 6: Prior Ordinances
This Ordinance supplements all prior ordinances. Unless specifically repealed, all prior
ordinances remain in effect. Unless specifically repealed, this Ordinance remains in effect even if
subsequent ordinances are issued. In case of conflict between ordinances, proclamations, or
declarations, mandatory language prevails over recommended actions. If there is a conflict in
mandatory language between orders, proclamations, or declarations, the latest in time prevails.
Section 7: Effective Date and Ending Date
This Ordinance is effective immediately upon publication on April 24, 2020 through 11:59 p.m.
on May 8, 2020, unless extended or earlier terminated.
Section 8: Enforcement and Penalty
Anyone in violation of this ordinance is subject to the general penalty provision listed in Section
10.999 of the Code of Ordinances, Sioux Falls, SD. In addition to the penalties provided for in
Section 10.999, any person and/or business entity violating the provision of this emergency
ordinance may be enjoined from continuing the violation. Notwithstanding the previous
sentence, any violation of this emergency ordinance by any business licensed under SDCL Title
35 and Title XI, Chapter 111 of the Code of Ordinances of Sioux Falls, SD, shall, following a
hearing as required by SDCL 35-2-11.1, result in a mandatory recommendation to the South
Dakota Secretary of Revenue that such business’s license be suspended or revoked for such

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 violation. In the event that the hearing requirement of SDCL 35-2-11.1 is waived or otherwise
suspended pursuant to gubernatorial action pursuant to SDCL 34-48A-5, then such
recommendation will be made without a hearing. Each day a violation of this ordinance is
allowed to occur is considered a separate offense.
Section 9: Geographic Area of Application
This Ordinance shall apply to all locations within the city limits of Sioux Falls as defined in
Section 10.003 of the Code of Ordinances of Sioux Falls, SD.
Section 10: Severability
If any provision of this Ordinance or its application to any person, business, situation, or
circumstance is held to be invalid, the remainder of the Ordinance, including the application of
the challenged portion in a different situation or circumstance or as applied to a different person
or business, shall not be affected and shall continue in full force and effect. Each sentence,
clause, section, article, or provision of this Ordinance is severable.
Section 11: Immediate Effect
This ordinance is hereby declared necessary for the immediate preservation of the public health
and shall become effective immediately upon its passage and publication pursuant to SDCL 919-13.
Date adopted:

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Paul TenHaken, Mayor
ATTEST:

Thomas Greco, City Clerk

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