Order #4.

COVID-19 Public Health Plan for the City of Milwaukee

Pursuant to Wis. Stat. § 252.03(1) and (2) as well as Chapters 17 and 62 of the Milwaukee City Charter
and Code of Ordinances, the City of Milwaukee, acting through its Commissioner of Health orders the
following until further notice:

1. Definitions. The following definitions apply to this Order.

a. Child Care Setting. "Child Care Setting" means all licensed group childcare centers
providing care to 9 or more children up to 18 years of age.

b. Essential Government Functions. “Essential Government Functions” mean all services

provided by the State, Tribal, or local governments needed to ensure the continuing
operation of the government body and provide and support the health, safety, and welfare
of the public. Each government body shall determine its Essential Government Functions,
if any, and identify employees and contractors necessary to the performance of those
functions.

c. Gathering Size Limits. “Gathering Size Limits” means the limit of individuals allowed
to gather in a location. Under this Order, Gatherings must require seating for all guests
and/or attendees. Guests and/or attendees must remain seated with the exception of
moving to and from the table on arrival, departure and use of restroom. Gathering Size
Limits are set at the lesser of: (i) 25% of the total occupancy of the location established
by the City of Milwaukee, if any, (ii) one person for every 30 square feet of floor space
open to the public, or (iii) 10 people indoors in addition to any employees or contractors
required to operate or 25 people outdoors in addition to any employees or contractors
required to operate. CDC guidance states the more people an individual interacts with at
a gathering and the longer the interaction lasts, the higher the potential risk of becoming
infected with COVID-19 and COVID-19 spreading. The CDC also states the higher the
level of community transmission in the area that the gathering is being held, the higher
the risk of COVID-19 spreading during a gathering. Nothing contained herein shall alter
any requirement to ensure Physical Distancing in the manner set forth in this Order.

d. Physical Distancing. For purposes of this Order and to the extent possible under
applicable laws including but not limited to the Americans with Disabilities Act (ADA),
“Physical Distancing” means maintaining physical distancing of six (6) feet between
people not residing in a single living unit or household.

e. Protective Measure Requirements. For purposes of this Order and to the extent
possible under applicable laws including but not limited to the ADA, “Protective
Measure Requirements” means:
i. Washing hands with soap and water for at least 20 seconds as frequently as
possible or using hand sanitizer;
ii. Covering coughs or sneezes (into the sleeve or elbow, not hands);
iii. Regularly cleaning high-touch surfaces;
Revised 10.26.20 1
 iv. Not shaking hands;
v. Use of a mask or cloth face covering in accordance with Section 62-8 of the
Milwaukee Code of Ordinances. Notwithstanding anything contained in this
Order, failure to comply with Section 1(e)(v) of this Order shall only be enforced
in the manner set forth in Section 62-8-5 of the Milwaukee Code of Ordinances.
Additional guidance regarding the use of mask or cloth face coverings can be
found at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-
face-cover-
guidance.html?CDC_AA_refVal=https%3A%2F%2F2.zoppoz.workers.dev%3A443%2Fhttps%2Fwww.cdc.gov%2Fcoronavi
rus%2F2019-ncov%2Fprevent-getting-sick%2Fcloth-face-cover.html;
vi. Following all other public health recommendations issued by State of Wisconsin
Department of Health Services, Milwaukee County Department of Health &
Human Services, the Milwaukee Health Department, and the U.S. Centers for
Disease Control and Prevention; and
vii. Adopting policies to prevent workers from entering the premises if they display
respiratory symptoms or have had contact with a person with a confirmed
diagnosis of COVID-19.

f. Safe Business Practices. For purposes of this Order and to the extent possible under
applicable laws including but not limited to the ADA, “Safe Business Practices” means:
i. Establishing, to the extent possible, curbside pick-up to reduce in-store traffic
and mitigate waiting lines;
ii. Complying with Gathering Size Limits;
iii. Posting a written notice of the total allowed occupancy limit at all public
entrances;
iv. Establishing entry lines outside of the store with markings for patrons to enable
them to stand at least six (6) feet apart from one another while waiting to enter a
store. Stores are encouraged to also use alternatives to lines, including allowing
customers to wait in their vehicles for a text message or phone call and
scheduling pick-ups or entries to the store;
v. Implementing and enforcing one-way traffic in shopping aisles to the extent
possible;
vi. Increasing standards of facility cleaning and disinfection to limit worker and
patron exposure to COVID-19 as well as adopting protocols to clean and
disinfect in the event of a positive COVID-19 case in the workplace. All
standards and practices must be in line with all applicable Federal and State
guidelines including but not limited to guidelines issued by the U.S. Centers for
Disease Control and Prevention; and
vii. Complying with Physical Distancing and Protective Measure Requirements.

g. Youth Programs. “Youth Programs” means programs that are oriented towards youth
(defined as less than 19 years of age) development through recreation, health, social life,
prevention, intervention, or education. These include but are not limited to programs
involving sports, religion, community service, youth activism, youth service, or outdoor
education.

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 2. Continuation and Resumption of Businesses and Activities. The following businesses and
activities are allowed to continue operations in accordance with the conditions contained herein:

a. Essential Government Functions. Essential government functions may continue to

operate at the level determined by the City of Milwaukee.
i. All employees shall comply with Physical Distancing and Protective Measure
Requirements.
ii. Government bodies should continue to follow the Wisconsin Department of
Justice's Office of Open Government guidance regarding holding government
meetings and should consult directly with that office regarding specific open
meetings questions. i Government bodies with additional questions about open
meetings requirements should consult with the Wisconsin Department of
Justice's Office of Open Government.

b. Healthcare & Public Health Operations. All healthcare and public health operations
may operate provided they do so in line with all applicable Federal and State guidelines
including but not limited to guidelines issued by the U.S. Centers for Disease Control and
Prevention. Healthcare and Public Health Operations shall be broadly construed to avoid
any impediments to the delivery of healthcare services. Such establishments shall be
allowed to determine their own visitor policy and shall comply with Protective Measure
Requirements.

c. Human Service Operations. All Human Services Operations may operate in the manner
set forth herein. All Human Services Operations shall comply with Physical Distancing to
the extent possible, Section 6 of this Order where applicable, and Protective Measure
Requirements. Human Service Operations includes, but is not limited to: long-term care
and assisted living facilities, as long as the facility follows all current DHS
Recommendations for Prevention of COVID-19 in Long-Term Facilities and Assisted
Living Facilities and all applicable U.S. Centers for Disease Control Recommendations;
residential settings and shelters for adults, seniors, children, victims of domestic abuse,
people with disabilities, people with substance use disorders, or mental illness;
transitional facilities; home-based settings to provide services to individuals with
physical, intellectual, or developmental disabilities, seniors, adults, or children; adult day
care, adult day services, and supportive home care; field offices that provide and help to
determine eligibility for basic needs including food, cash assistance, medical coverage,
vocational services, or rehabilitation services; developmental centers; adoption agencies;
businesses that provide food, shelter, social services, or other necessities of life for
economically disadvantaged individuals, individuals with physical, intellectual, or
developmental disabilities, or otherwise needy individuals. Human Services Operations
shall be construed broadly to avoid any impacts to the delivery of human services,
broadly defined.

d. Essential Infrastructure. All Essential Infrastructure may operate in the manner set
forth herein. All Essential Infrastructure shall comply with Physical Distancing to the
extent possible and Protective Measure Requirements. Essential Infrastructure includes,
but is not limited to: food production, distribution, fulfillment centers, storage facilities,
Revised 10.26.2020 3
 marinas, and sales; construction (including, but not limited to, construction required in
response to this public health emergency, hospital construction, construction of long-term
care and assisted living facilities, public works construction, school construction,
Essential Business and Operations construction, construction necessary for Essential
Governmental Functions, and housing construction; building management and
maintenance; airport operations; operation and maintenance of utilities, including water,
sewer, gas, and electric (including power generation, distribution, production of raw
materials, and Wisconsin Department of Natural Resources-certified and registered
drinking water and wastewater testing laboratories); Wisconsin Home Energy Assistance,
Low Income Home Energy Assistance Program, and Public Benefits Energy Assistance
Program offices, customer service centers, and public intake centers; distribution centers;
oil and biofuel refining; roads, highways, railroads, and public transportation; ports;
cybersecurity operations; flood control; solid waste and recycling collection and removal;
and internet, video, and telecommunications systems (including the provision of essential
global, national, and local infrastructure for computing services, business infrastructure,
communications, and web-based services).Essential Infrastructure shall be construed
broadly to avoid any impacts to essential infrastructure, broadly defined.

e. Stores that sell groceries and medicine. Grocery stores, bakeries, pharmacies, farm and
produce stands, supermarkets, food banks and food pantries, convenience stores, and
other establishments engaged in the retail sale of groceries, canned food, dry goods,
frozen foods, fresh fruits and vegetables, pet supply, fresh meats, fish, poultry, prepared
food, alcoholic and non-alcoholic beverages, and any other household consumer products
(such as cleaning and personal care products). Such establishments shall:
i. Seating intended for consuming food or beverages on site must be configured to
allow Physical Distancing and may not exceed 1 person per 30 square feet of
floor space open to the public;
ii. Cease any self-service operations of salad bars, beverage stations, and buffets;
iii. Abide by Subsections (i), (iii), (iv), (v), (vi), and (vii) of Safe Business Practices;
and
iv. Capacity is limited to one person per 30 square feet of floor space open to the
public.

This section should not be interpreted to provide an exemption for businesses engaged in
the sale of food or beverage ancillary to their primary purpose, such as those businesses
covered under Section 4 of this Order, who also may engage in some food or beverage
sales.

f. Food and beverage production, transport, and agriculture. Food and beverage
manufacturing, production, processing, transportation, and cultivation; farming,
livestock, fishing, baking, and other production agriculture, including cultivation,
marketing, production, and distribution of animals and goods for consumption;
businesses that provide food, shelter, and other necessities of life for animals, including
animal shelters, boarding, rescues, kennels, and adopting facilities; farm and agriculture
equipment, supplies, and repair services may operate and shall comply with Physical
Distancing to the extent possible and Protective Measure Requirements.
Revised 10.26.2020 4
 g. Retail Establishments. Retail establishments, including indoor shopping malls, may
remain open. Such establishments shall abide by Subsections (i), (iii), (iv), (v), (vi), and
(vii) of Safe Business Practices. Capacity is limited to one person per 30 square feet of
customer floor space.

h. Restaurants. Restaurants may remain open only if they remain in compliance with the
following:
i. Restaurants may remain open for food take-out or delivery service;
ii. Alcohol sales shall comply with Section 2(i) below;
iii. Whether inside or outside, establishments shall comply with Physical Distancing
requirements to the extent possible, Protective measure Requirements,
Subsections (i), (iii), (iv), and (vi) of the Safe Business Practices, and shall limit
the total number of individuals on the premises to the lesser of 25% of the total
occupancy of the location established by the City of Milwaukee, if any, or one
person for every 30 square feet of floor space open to the public. The limitation
related to occupancy of the location may be waived for an individual
establishment upon approval and continued compliance with a Restaurant and
Bar COVID-19 Safety Plan by the Milwaukee Health Department. Information
about this program can be found at Milwaukee.gov/mmfs.
iv. Restaurants shall cease any self-service operations of salad bars, beverage
stations, and buffets;
v. Customers are prohibited from self-dispensing any unpackaged food or beverage;
and
vi. Seating must be provided to all guests. Guests must remain seated with the
exception of moving to and from the table on arrival, departure and use of
restroom. Dance floors must be closed.

i. Bars. This includes breweries, brewpubs, wineries, distilleries, and alcohol beverage
retailers. Such establishments may remain open only if they remain in compliance with
the following:
i. Carryout sales of alcohol beverages and food are allowed if permitted by state
law and municipal ordinance;
ii. Delivery of alcohol beverages to retail customers is prohibited;
iii. Wineries holding direct wine shippers’ permits may make deliveries of wine in
accordance with their permit;
iv. Breweries, wineries, and distilleries may continue manufacturing functions with
Physical Distancing to the extent possible and Protective Measure Requirements
in place;
v. Whether inside or outside, establishments shall comply with Physical Distancing
requirements to the extent possible, Protective measure Requirements,
Subsections (i), (iii), (iv), and (vi) of the Safe Business Practices, and shall limit
the total number of individuals on the premises to the lesser of 25% of the total
occupancy of the location established by the City of Milwaukee, if any, or one
person for every 30 square feet of floor space open to the public.. The limitation
related to occupancy of the location may be waived for an individual
Revised 10.26.2020 5
 establishment upon approval and continued compliance with a Restaurant and
Bar COVID-19 Safety Plan by the Milwaukee Health Department. Information
about this program can be found at Milwaukee.gov/mmfs; and
vi. Seating must be provided to all guests. Guests must remain seated with the
exception of moving to and from the table on arrival, departure and use of
restroom. Dance floors must be closed.

j. Salons and Spas: Hair salons, barber shops, nail salons, day spas, electrolysis providers,
waxing salons, eyebrow-care establishments, tattoo parlors, body art establishments, and
tanning facilities may open with Physical Distancing to the extent possible, Protective
Measure Requirements, and the following precautions in place:
i. All workstations shall be at least six (6) feet apart;
ii. Only one client per individual providing services to clients is allowed in the
business or facility at a time. No individuals should congregate in a common
waiting area before or after their appointment;
iii. Irrespective of anything contrary in the Protective Measure Requirements, staff
shall wear a mask or cloth face covering while in the business or facility. Clients
shall wear a mask or cloth face covering to the extent feasible while in the
business or facility;
iv. Staff and clients should conduct self-assessment for symptoms before any
appointment. Symptoms may include fever, cough, shortness of breath, sore
throat, headache, chills, muscle pain, and new loss of taste or smell.
v. Chairs and workstations shall be sanitized after each client per the U.S. Centers
for Disease Control and Prevention ii; and
vi. All appointments shall be scheduled by phone or online. No walk-in clients are
allowed.

k. Car washes. Entirely automatic car washes and self-service car washes may open for
service and must comply with Physical Distancing and Protective Measure Requirements.

l. Aesthetic or optional exterior work. Aesthetic or optional exterior residential

construction and lawn care may resume. All individuals providing services hereunder
shall comply with Protective Measure Requirements and shall comply with Physical
Distancing to the extent possible.

m. Recreation Activities. Recreation activities in which Physical Distancing and Protective

Measure Requirements can be achieved will be allowed with the following restrictions in
place:
i. Team and contact sports and recreation activities are limited to intra-team based
practice, competition, and skill-building drills;
ii. Team and contact sports that include competition outside of intra-team
competition require a safety plan to be filed by the teams or league and approved
by the City of Milwaukee Health Department. Such plans shall include, at a
minimum, regular player and staff COVID-19 testing minimally every 3 days.
Additionally COVID-19 testing of the opposing team must occur no more than 3
days before competition.
Revised 10.26.2020 6
 iii. No observers or fans are allowed at recreation activities;
iv. All reservations and payments for activities must be made online or by phone.
No cash payments shall be accepted;
v. All rental equipment must be sanitized after each use; and
vi. All individuals shall comply with Physical Distancing and Protective Measure
Requirements.

n. Outdoor Playground Equipment. Outdoor playground equipment may be opened and

all individuals shall comply with Physical Distancing and Protective Measure
Requirements to the extent possible.

o. Public beaches. Public beaches will be open. All individuals and pets shall comply with
Physical Distancing and Protective Measure Requirements. Team and contact sports on
public beaches remain prohibited.

p. Manufacture, distribution, and supply chain for critical products and industries.
Manufacturing companies, distributors, and supply chain companies producing and
supplying essential products and services in and for industries such as pharmaceutical,
technology, biotechnology, healthcare, chemicals and sanitation, waste pickup and
disposal, agriculture, food and beverage, transportation, energy, steel and steel products,
petroleum and fuel, mining, construction, national defense, communications, and
products used by Essential Governmental Functions shall be allowed to remain open and
shall comply with Physical Distancing to the extent possible and Protective Measure
Requirements.

q. Organizations that Provide Charitable and Social Services. Businesses and religious
and secular nonprofit organizations open for the purpose of providing charitable and
social services including prevocational group supportive employment services, food
banks and food pantries may be open and must abide by Safe Business Practices.

r. Media. Newspapers, television, radio, and other media services may operate. Such
establishments shall abide by Safe Business Practices.

s. Financial Institutions and Services. Banks, credit unions, and other depository or
lending institutions; licensed financial service providers; insurance services; personnel
necessary to perform essential functions at broker dealers and investment advisor offices
may operate. Such establishments shall abide by Safe Business Practices.

t. Critical Trades. Building and Construction Tradesmen and Tradeswomen, and other
trades including but not limited to plumbers, electricians, carpenters, laborers, sheet
metal, iron workers, masonry, pipe trades, fabricators, finishers, exterminators, pesticide
application, cleaning and janitorial staff for commercial and governmental properties,
security staff, operating engineers, HVAC, painting, moving and relocation services,
forestry and arborists, and other service providers who provide services that are necessary
to maintaining the safety, sanitation, and operation of residences, businesses, and
essential government functions may operate. All individuals providing services
Revised 10.26.2020 7
 hereunder shall comply with Protective Measure Requirements and shall comply with
Physical Distancing to the extent possible.

u. Mail, Post, Shipping, Logistics, Delivery, and Pick-up Services. Post offices and other
businesses that provide shipping and delivery services, and businesses that ship or deliver
groceries, food, beverages, goods or services to end users or through commercial
channels may operate. Such establishments shall abide by Safe Business Practices.

v. Laundry Services. Laundromats, dry cleaners, industrial laundry services, and laundry
service providers may operate. Such establishments shall abide by Safe Business
Practices.

w. Transportation. Airlines, taxis, transportation network providers (such as Uber and

Lyft), vehicle rental services, paratransit, and other private, public, and commercial
transportation and logistics may operate. All individuals providing services hereunder
shall comply with Protective Measure Requirements.

x. Home-based Care and Services. Home-based care for seniors, adults, children, or
people with disabilities, substance use disorders, or mental illness, including caregivers or
nannies who may travel to the child's home to provide care, and other in-home services
including meal delivery may operate. All individuals providing services hereunder shall
comply with Protective Measure Requirements and shall comply with Physical
Distancing to the extent possible.

y. Professional Services. Professional services, such as legal or accounting services,

insurance services, real estate services (including appraisal, home inspection, and title
services). These services should, to the greatest extent possible, use technology to avoid
meeting in person, including virtual meetings, teleconference, and remote work (i.e. work
from home). Such establishments shall abide by Safe Business Practices.

z. Critical Labor Union Functions. Activities include the administration of health and
welfare funds and personnel checking on the well-being and safety of members providing
services, provided the checks are done by telephone or remotely where possible. Such
activities shall abide by Safe Business Practices.

aa. Hotels and Motels. Hotels and motels, except that such establishments shall:
i. Abide by Subsections (i), (iii), (iv), (v), (vi), and (vii) of Safe Business Practices;
ii. Limit occupancy to 50% of the established occupancy limit established by the
City of Milwaukee;
iii. Follow all restrictions applicable to businesses falling into Subsections 2(e), (g),
(h), and (i) where the types of businesses regulated by those subsections are
located in a hotel or motel;
iv. Ensure swimming pools, hot tubs, and exercise facilities comply with the
restrictions set forth in in Section 4(b); and

Revised 10.26.2020 8
 v. Prohibit guests from congregating in lobbies or other common areas, including
providing adequate space to maintain six (6) feet of distance between all guests
not residing in the same rooms while queuing for front desk services.

bb. Youth Summer Programs. Youth programs will be allowed with the following
restrictions:
i. Youth Summer Programs may not operate at more than 75% of the established
occupancy limits and must comply with Wisconsin Department of Health
Services or the Department of Children and Families emergency guidelines;
ii. Adults and youth shall practice Physical Distancing to the extent possible and
Protective Measure Requirements;
iii. Youth must not share objects that are difficult to clean, sanitize or disinfect;
iv. Youth belongings must be kept separate from others and in individually labeled
containers, cubbies, or areas;
v. Space seating at least 6 feet apart; and
vi. Sleeping areas must be at least 6 feet apart. Ensure youth are facing head-to-toe
when sleeping to ensure distance between their faces.

cc. Child Care Settings. Child Care Settings will be allowed with the following restrictions:
i. Child Care Settings may not operate at more than 75% of the total building
occupancy limits established by the City of Milwaukee present at a time unless
otherwise provided for by order of the Wisconsin Department of Health Services
or the Department of Children and Families including but not limited to DHS
Emergency Order Number 6 iii;
ii. Adults shall practice Physical Distancing to the extent possible and Protective
Measure Requirements and follow all other Department of Health Services
public health guidance while picking up and dropping off children at the Child
Care Setting;
iii. Child Care Settings operating under this Order shall follow the Department of
Children and Families Guidance Order #2, or any order superseding that order iv;
and
iv. Child Care Settings shall comply with all other state statutes and administrative
rules, as modified by Governor Tony Evers' Emergency Order for Department of
Children and Families Administrative Rule Suspension and Emergency Orders
issued March 15, 2020, or any order superseding that Order. v
v. Child Care Settings are encouraged to prioritize access to their services as
follows
1. Tier 1: employees, independent contractors, and other support staff
working in health care.
2. Tier 2: employees, independent contractors, and other staff in vital areas
including but not limited to military; long term care; residential care;
pharmacies; child care; child welfare; government operations; public
safety and critical infrastructure such as sanitation, transportation,
utilities, telecommunications; grocery and food services; supply chain
operations; and other sectors as determined by the Milwaukee Health
Department.
Revised 10.26.2020 9
 3. Tier 3: all other individuals.

dd. Residential Cleaning Services. Residential cleaning service providers shall be allowed
to resume providing services to individuals but shall comply with Protective Measure
Requirements and Physical Distancing.

3. Gatherings. For all public and private gatherings, the following COVID-19 mitigation strategies
shall be implemented:
a. Comply with Physical Distancing and Protective Measure Requirements;
b. Comply with Gathering Size Limits;
c. Prohibit sharing of frequently touched objects to the extent doing so can be done in a
manner consistent with the community or individual’s traditions and in consultation with
local health officials as needed; and
d. Food or beverage offerings must be provided in pre-packaged boxes or bags for each
attendee to avoid possible COVID-19 transmittal from sharing common dishes at a buffet
or family-style meal.
e. Nothing in this Order prohibits the gathering of members of a single household or living
unit.

4. Limited Restrictions on Operations. All other for-profit and not for profit businesses and
activities shall be allowed to resume operations in the manner set forth in this Section.

a. Schools: Public and private K-12 schools shall remain closed for in-person pupil
instruction and extracurricular activities until they have COVID-19 safety plans
approved by the Milwaukee Health Department; continued compliance with the plans
are required or approval is revoked. Movement between instructional models will be
determined by the health department based on COVID-19 exposure risk on a school by
school basis. Schools may be more restrictive than the Health Departments
requirements. Information about COVID-19 safety plans can be found at
www.milwaukee.gov/mmfs. Schools may continue to facilitate distance or virtual
learning. School buildings and property may continue to be used for Essential
Government Functions and food distribution. Food distribution shall comply with
Physical Distancing and Protective Measure Requirements. School leaders are
encouraged to reach out to the City of Milwaukee Health Department regarding their
plans to comply with the Department of Public Instruction COVID-19 Safety guidance. vi

b. Places of Public Amusement and Activity: Whether indoors or outdoors, places of

public amusement and activity including but not limited to the following: stadiums,
amusement parks, conference centers, carnivals, dance clubs, escape rooms, water parks,
licensed public or private swimming pools, splash pads, aquariums, private zoos,
museums, arcades, fairs, children’s play centers, funplexes, theme parks, bowling alleys,
movie and other theaters, concert and concert halls, country clubs other than for the
purpose of facilitating activities allowed under Section 2(m) including but not limited to
golfing or use of driving ranges, social clubs, and miniature golf shall be allowed to open
subject to Gathering Size Limits, Physical Distancing and Protective Measure
Requirements, and shall follow all restrictions applicable to businesses falling into
Revised 10.26.2020 10
 Subsections 2(e), (g), (h), and (i) where the types of businesses regulated by those
subsections are located within or otherwise part of a place of public amusement or
activity.

c. Gyms and Fitness Centers: Gyms and Fitness Centers shall be allowed to open subject
to Physical Distancing and Protective Measure Requirements, and shall follow all
restrictions applicable to business falling into Subsections 2(e), (g), (h), and (i) where the
types of businesses regulated by those subsections are located within or otherwise part of
a place of the Gyms and Fitness Centers. In addition, Gyms and Fitness Centers shall:
i. Reduce the need for shouting in group sessions by reducing music volume;
ii. Use a reservation system for equipment use; and
iii. Provide access to cleaning aids such as wipes, sprays & clean towels to all
clients
iv. Gyms and Fitness Centers are required to comply with mandatory mask
requirements contained in Milwaukee code Ordinance 62-8. Milwaukee Code
of Ordinances 62-8-4(c) applies in Gyms and Fitness Centers while individuals
are engaged in strenuous activities where social distancing is occurring and
wearing a mask is not practical or feasible because doing so causes difficulty
breathing.
v. Capacity is limited to one person per 30 square feet of customer floor space.

d. Auctions. All in-person auctions shall be allowed to open subject to Gathering Size
Limits, Physical Distancing and Protective Measure Requirements. This includes
agricultural equipment auctions; animal auctions for competition; consignment sales;
antiques and collectibles; art; autos and motorcycles; boats and personal watercraft; cars;
coins and currency; collector cars and vintage equipment; government surplus property
and seizures; heavy equipment and construction machinery; household goods; industrial
and manufacturing equipment; intellectual property; jewelry; off-road and recreational
vehicles; restaurant equipment; tools; and trucks, trailers, and transportation-related
equipment. In addition:
i. Auctions should continue as virtual auctions or online auctions whenever
possible;
ii. All auction preparations, meetings, inventory review, and consumer preview of
goods shall occur virtually whenever possible and in accordance with this
Section;
iii. After an auction, the auctioneer or auction company shall deliver, mail, or
provide curb-side pick-up of goods whenever possible; and
iv. Delivery, pick-up, or parcel services cannot require a signature by the recipient.

e. Garage Sales, Rummage Sales, and Yard Sales. Garage sales, rummage sales, and yard
sales shall be allowed to open subject to Gathering Size Limits, Physical Distancing and
Protective Measure Requirements. Individual person to person sales of items, such as on
Facebook Marketplace or Craigslist, can occur. Measures should be taken to avoid using
cash in these transactions and electronic means of payment should be used whenever
possible. Individuals shall comply with Physical Distancing and Protective Measure
Requirements during any such exchange.
Revised 10.26.2020 11
 f. Photographers. Photography studios shall be allowed to open subject to Gathering Size
Limits, Physical Distancing and Protective Measure Requirements. Photographers may
photograph gatherings that are being held in accordance with Section 3 of this Order.
Photographers shall follow all other public health recommendations issued by the
Wisconsin Department of Health Services and U.S. Centers for Disease Control and
Prevention in addition to the restrictions set forth in this Order.

g. Libraries. Libraries shall be allowed to open subject to Gathering Size Limits, Physical
Distancing, and Protective Measure Requirements, and the following:
i. Online services and programming shall be allowed; and
ii. Curb-side pick-up of books and other library materials can occur if all operations
are performed in compliance with Physical Distancing to the extent possible and
Protective Measure Requirements. Materials should be requested online or by
phone before pick-up whenever possible. The library may not require a signature
from the patron. The library shall schedule pick-ups and ensure compliance with
Physical Distancing and Protective Measure Requirements.
iii. Food distribution shall be allowed.

h. Institutions of Higher Education. Public and private higher educational institutions

shall remain closed for traditional in-person pupil instruction and for extracurricular
activities until they have COVID-19 safety plans approved by the Milwaukee Health
Department; continued compliance with the plans are required or approval is revoked.
Institutions may continue to facilitate distance or virtual learning and perform critical
research and essential functions as determined by the institution in accordance with
Physical Distancing to the extent possible and Protective Measure Requirements.
Facilities may continue to be used for Essential Government Functions.

i. Weddings, funerals, and religious entities.

i. Facilities and locations holding public and private gatherings shall be open but
shall comply with the restrictions applicable to Gatherings under Section 3,
Physical Distancing, and Protective Measure Requirements.
ii. Notwithstanding the forgoing, religious events, political events, demonstrations,
and other events involving protected First Amendment speech do not need to
comply with the Gathering Size Limits applicable to Gatherings in Section 3.
Instead seating is required for all guests and/or attendees and the total number of
individuals at the event is limited to the lesser of: (i) 25% of the total occupancy
of the location established by the City of Milwaukee, if any, (ii) one person for
every 30 square feet of floor space open to the public, or (iii) 100 people in
addition to any employees or contractors required to operate. Guests and/or
attendees must remain seated with the exception of moving to and from seating
on arrival and departure, taking actions necessary to participate in the
community or individual’s traditions, and using the restroom.

Revised 10.26.2020 12
 j. Funeral establishments. Funeral establishments, as defined in Wis. Stat. § 445.01(6),
shall be open but shall comply with the restrictions applicable to Gatherings under
Section 3, Physical Distancing, and Protective Measure Requirements.

k. Other. All other for-profit and not for profit businesses and activities within Milwaukee
not otherwise provided for herein may remain open. Such establishments shall abide by
Safe Business Practices, Physical Distancing, and Protective Measure Requirements.

5. Minimum Basic Operations. All for-profit and not for profit businesses shall be allowed to operate
in order to perform the following Minimum Basic Operations provided they comply with Safe
Business Practices:

a. Basic functions. The minimum necessary activities to maintain the value of the
business's inventory, preserve the condition of the business's physical plant and
equipment, ensure security, process payroll and employee benefits, or for related
functions, including where these functions are outsourced to other entities.

b. Facilitating remote work. The minimum necessary activities to facilitate employees of

the business being able to continue to work remotely from their residences.

c. Delivery and mailings. Minimum Basic Operations may include fulfilling nonessential
deliveries, mailing parcels, or receiving parcels. Delivery or parcel services may not
require a signature by the recipient.

d. Staffing. Where the number of employees or contractors necessary to maintain Minimum

Basic Operations exceeds the Gathering Size Limits, for-profit and not for profit
businesses shall be allowed to exceed the Gathering Size Limits only to the extent
necessary to maintain Minimum Basic Operations and only where Safe Business
Practices are maintained.

6. Long-Term Care Facilities and Congregate Facilities. No outside visitors are permitted in long-
term care facilities or congregate facilities.

7. Shared Spaces. Unless otherwise provided for herein, all individuals present in the City of
Milwaukee using shared or outdoor spaces or any place other than their home or residence shall, to
the extent possible, comply with Physical Distancing and Subsections (i), (ii), (iv), (v), and (vi) of the
Protective Measure Requirements. This requirement shall not apply to individuals experiencing
homelessness.

8. DHS and CDC Guidelines. All individuals, organizations, government bodies, and any other
permitted group of individuals shall, to the extent possible, follow all applicable guidelines that are
more restrictive than this Order when taking any action permitted under this Order.

9. Enforcement. This Order is enforceable by the Milwaukee Police Department and the Milwaukee
Health Department. Violation or obstruction of this Order is punishable under City of Milwaukee
Code of Ordinances 62-10.
Revised 10.26.2020 13
10. Duration. This Order shall become effective at October 29th, 2020 at 12:01 am. This Order shall
remain in effect until a new order is issued or this Order is withdrawn.

11. Severability. If any provision of this Order or its application to any person or circumstance is held to
be invalid, then the remainder of this Order, including the application of such part or provision to
other persons or circumstances, shall not be affected and shall continue in full force and effect. To
this end, the provisions of this Order are severable.

12. Prior Orders. This Order shall supersede any prior city-wide orders issued by the Milwaukee Health
Department related to the subject-matter discussed herein.

13. Americans with Disabilities Act Notice. Please note: Upon reasonable notice, efforts to reasonably
accommodate the needs of disabled individuals that require assistance reviewing or interpreting this
Order will be made. For additional information, or to request reasonable accommodations, contact
City of Milwaukee ADA Coordinator, 200 East Wells Street Room 603, Milwaukee, WI 53202, 414-
286-3475 or [email protected].

MILWAUKEE HEALTH DEPARTMENT

Marlaina Jackson MPH

Commissioner of Health

Date Signed: 10/26.2020

Zeidler Municipal Building
841 N. Broadway, 3rd Floor
Milwaukee, WI 53202
Ph: (414) 286-3521
Fax: (414) 286-5990
Email: [email protected]

i As of the date of this order the most recent guidance is available at: https://www.doj.state.wi.us/sites/default/files/news-
media/3.20.20_OOG_Final.pdf
ii As of the date of this order the “Cleaning and Disinfecting Your Facility” guidelines are available at:

https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility.html
iii
As of the date of this order, DHS Emergency Order allows Child Care Settings to operate with at least 10 staff and 50 children.
See: https://evers.wi.gov/Documents/COVID19/DHS%20Order6_3.18.2020.pdf
ivAs of the date of this order the most recent guidance is available at: https://dcf.wisconsin.gov/files/press/2020/dcf-order-2-

covid-19.pdf
v As of the date of this order the most recent guidance is available at: https://dcf.wisconsin.gov/files/press/2020/dcf-rule-waiver-

03-15-2020.pdf
v As of the date of this order the most recent guidance is available at: https://www.cdc.gov/coronavirus/2019-

ncov/community/large-events/mass-gatherings-ready-for-covid-19.html
vi
As of the date of this order the most recent guidance is available at:
https://dpi.wi.gov/sites/default/files/imce/sspw/pdf/Education_Forward_web.pdf

Revised 10.26.2020 14