SIOUX FALLS, S.D. (KELO.com) — Sioux Falls has the tools to put in a municipal shelter-in-place ordinance if Gov. Kristi Noem decides not to issue one herself.
Mayor Paul TenHaken has made it clear he’d prefer a countywide order from the governor to municipal action, but the city has the power to address the matter itself, and could theoretically do so as soon as Wednesday.
TenHaken is still waiting on an answer from Gov. Kristi Noem about his request for a shelter-in-place order for Minnehaha and Lincoln counties. Currently, only those over the age of 65 and with underlying conditions are required to stay home, through a Noem executive order on April 6.
TenHaken issued an executive proclamation that same day encouraging people to avoid nonessential trips out of the house and recommending grocery stores operate at 20% capacity. The proclamation lacks the legal teeth that a gubernatorial order or city ordinance would have.
The mayor mentioned the possibility of a city shelter in place order at his briefing Monday.
“If it doesn’t come from [the state], we could do it on a city level,” TenHaken said. “It would be a first reading, second reading, noticed kind of issue. But that’s only the 80 square miles of Sioux Falls, and not right around our municipality.”
TenHaken implied the ordinance would need to have two readings, meaning it couldn’t be passed until the city council’s meeting on April 21. But Councilor Pat Starr said he believes the city has the power to pass a one-reading emergency ordinance at their next meeting, on Wednesday.
“I think that if we have to wait six days, I think we’re going to miss the peak of when it can be most effective,” Starr said. “I think we really will see something this week if we’re going to do something.”
Noem said she was still considering TenHaken’s request at her briefing Monday morning.
