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The original item was published from 5/31/2020 11:04:47 AM to 6/30/2020 12:00:01 AM.

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City Manager Report

Posted on: May 29, 2020

[ARCHIVED] Mayor Issues Emergency Proclamation to Address Business Reopening Guidelines

female hands being washed in a sink

Las Cruces Mayor Ken Miyagishima today signed an emergency proclamation providing guidance and information for the reopening of restaurants, movie theatres, gyms and nail and hair salons in Las Cruces. The term of the proclamation is 72 hours and City Council can vote to extend it up to 14 days.  

The emergency proclamation allows for increased public education to help prevent the spread of COVID-19 and will provide the City more effective and efficient oversight on the local level. Violations would constitute a misdemeanor, punishable by a fine of up to $500 and/or 90 days in jail. The City prefers voluntary compliance over enforcement and does not want the effort to be punitive.  

The mayor issued the proclamation on the heels of Governor Michelle Lujan Grisham’s Thursday, May 28, 2020 announcement of the extension of New Mexico’s Public Health Order. New Mexico’s emergency public health order will be extended and amended to permit indoor dining, hair salons, gyms and indoor shopping malls to reopen next week on a limited basis and in accordance with required COVID-Safe Practices. 

The Mayor’s emergency proclamation allows for reopening of restaurants, theatres, gyms, and hair and nail salons provided they meet individual requirements for the type of business. All must require employees and staff to wear face coverings and have either hand sanitizer available at the entrance of the business or use of hand sanitizer before the beginning of particular salon services. The requirements may also consist of enforcing social distancing, appropriate to the business and it’s clients or customers. In the case of hair and nail salons, additional requirements will be enforced when face to face interactions are necessary. The Mayor’s Proclamation lists requirements specific to each business type.   

On March 27, city council approved an emergency declaration ordinance that provides the mayor and mayor pro tem the authority to take immediate action for the protection of life and property, and for the preservation of public peace, safety, health, welfare, and for the continuity of efficient government operations.  

The ordinance allows the council to authorize limited action in response to an emergency situation and to exercise their emergency powers through a proclamation. The term of the proclamation is three days but can be extended for up 14 days at a time.  

On April 7, the mayor issued an emergency proclamation so that the City may have the potential to receive reimbursement for funding and programs from the Federal Emergency Management Agency (FEMA) based on qualified expenses as federal assistance is ordered.  

On April 10, city council extended the term of the emergency proclamation by 14 days. That order expired on April 24. 

Mayor’s Emergency Proclamation 2020-03

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