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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6441
File Number: 2021-0428
AMEND ORDINANCE 6323:
AN ORDINANCE TO AMEND ORDINANCE 6323 PURSUANT TO THE NEW
RECOMMENDATIONS OF THE CENTER FOR DISEASE CONTROL AND PREVENTION
AND THE CITY BOARD OF HEALTH
WHEREAS, the City of Fayetteville followed the recommendations of the Center for Disease Control
and Prevention (CDC) to establish its local regulation of face masks in places of public
accommodation for Fayetteville businesses when it enacted Ordinance 6323; and
WHEREAS, on May 13, 2021 the CDC made substantial changes in its recommendations for
wearing face masks and stated: "If you are fully vaccinated, you can resume activities that you did
before the pandemic"; and
WHEREAS, the CDC further stated: "Fully vaccinated people can resume activities without wearing a
mask or physically distancing..."; and
WHEREAS, the CDC continued its recommendation for mask wearing and physically distancing for
all not fully vaccinated persons for all indoor places of public accommodation and most outdoor
gatherings; and
WHEREAS, the Fayetteville Board of Health passed the attached recommendations to the City
Council including: "2. Those persons that are fully vaccinated should no longer be required to wear
masks within the City of Fayetteville, with the following exceptions: in healthcare settings, on mass
transit, in prisons and jails, and in homeless shelters;" and
WHEREAS, Governor Hutchinson confirmed on Thursday, May 20th that he would not extend his
pandemic emergency declaration which requires reconsideration of your mask mandate ordinance
Page 1 Printed on 612121
Ordinance: 6441
File Number 2021-0428
pursuant to its fifth section.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby joins with the City Board
of Health and continues its recommendation that all residents should be vaccinated as soon as possible.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance
6323, passed unanimously by the Fayetteville City Council on June 16, 2020, by first amending its
Section 1's initial introductory language requiring all persons to constantly wear face masks to the
following:
"That the City Council of the City of Fayetteville, Arkansas hereby determines that the health and
safety of Fayetteville residents requires that all persons should continue to wear face masks in
healthcare settings, on mass transit and in homeless shelters, and that all not fully vaccinated persons
within public service areas in all places of public accommodation are recommended to constantly wear
face masks covering the nostrils and mouth of such unvaccinated person subject the following
exceptions:"
The remaining subsections A., B., C., and D remain effective and unchanged and a new subsection E.
shall be added as follows:
"E. Children of less than two years of age shall not be required to wear face masks."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 2 of
Ordinance 6323, by adding "not fully vaccinated" in front of "employees, customers and visitors..."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 3 of
Ordinance 6323 by adding to the last clause prior to "members of the public" the following: "not fully
vaccinated".
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 5 of
Ordinance 6323 by repealing it in its entirety and enacting a new Section 5 as follows:
"Section 5: Sunset. Because the Legislature enacted laws which become effective on July 28, 2021
prohibiting cities from protecting their citizens, residents and visitors by mask or vaccination mandates,
this ordinance and Ordinance 6323 shall become ineffective, unenforceable and inoperable on July 28,
202 L"
Page 2 Printed on 6=1
Ordinance: 6441
File Number 2021-0428
Section 6: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby
determines that this ordinance should become effective without delay because of the CDC's and City
Board of Health's recommendations that unvaccinated persons still need to wear masks in most indoor
areas while fully vaccinated person do not need to wear face masks, this amending ordinance is
necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the
City Council hereby declares an emergency exists such that this ordinance shall become effective
immediately upon its passage and approval.
PASSED and APPROVED on 6/1/2021
Attest:
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CITY
Kara Paxton, City Clerk Treasitrer; FAYe7-�eV�<<f
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Page 3 Printed on 612121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0428
Agenda Date: 6/1/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number:
AMEND ORDINANCE 6323:
AN ORDINANCE TO AMEND ORDINANCE 6323 PURSUANT TO THE NEW
RECOMMENDATIONS OF THE CENTER FOR DISEASE CONTROL AND PREVENTION AND
THE CITY BOARD OF HEALTH
WHEREAS, the City of Fayetteville followed the recommendations of the Center for Disease Control and
Prevention (CDC) to establish its local regulation of face masks in places of public accommodation for
Fayetteville businesses when it enacted Ordinance 6323; and
WHEREAS, on May 13, 2021 the CDC made substantial changes in its recommendations for wearing face
masks and stated: "If you are fully vaccinated, you can resume activities that you did before the pandemic"; and
WHEREAS, the CDC further stated: "Fully vaccinated people can resume activities without wearing a mask
or physically distancing..."; and
WHEREAS, the CDC continued its recommendation for mask wearing and physically distancing for all not
fully vaccinated persons for all indoor places of public accommodation and most outdoor gatherings; and
WHEREAS, the Fayetteville Board of Health passed the attached recommendations to the City Council
including: "2. Those persons that are fully vaccinated should no longer be required to wear masks within the
City of Fayetteville, with the following exceptions: in healthcare settings, on mass transit, in prisons and jails, and
in homeless shelters;" and
WHEREAS, Governor Hutchinson confirmed on Thursday, May 20th that he would not extend his pandemic
emergency declaration which requires reconsideration of your mask mandate ordinance pursuant to its fifth
section.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby joins with the City Board of
Health and continues its recommendation that all residents should be vaccinated as soon as possible.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance 6323, passed
City of Fayetteville, Arkansas Page 1 Printed on 61212021
File Number: 2021-0428
unanimously by the Fayetteville City Council on June 16, 2020, by first amending its Section 1's initial
introductory language requiring all persons to constantly wear face masks to the following:
"That the City Council of the City of Fayetteville, Arkansas hereby determines that the health and safety of
Fayetteville residents requires that all persons should continue to wear face masks in healthcare settings, on
mass transit and in homeless shelters, and that all not fully vaccinated persons within public service areas in all
places of public accommodation are recommended to constantly wear face masks covering the nostrils and
mouth of such unvaccinated person subject the following exceptions:"
The remaining subsections A., B., C., and D remain effective and unchanged and a new subsection E. shall be
added as follows:
"E. Children of less than two years of age shall not be required to wear face masks."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 2 of Ordinance
6323, by adding "not fully vaccinated" in front of "employees, customers and visitors..."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 3 of Ordinance
6323 by adding to the last clause prior to "members of the public" the following: "not fully vaccinated".
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 5 of Ordinance
6323 by repealing it in its entirety and enacting a new Section 5 as follows:
"Section 5: Sunset. Because the Legislature enacted laws which become effective on July 28, 2021 prohibiting
cities from protecting their citizens, residents and visitors by mask or vaccination mandates, this ordinance and
Ordinance 6323 shall become ineffective, unenforceable and inoperable on July 28, 2021."
Section 6: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines
that this ordinance should become effective without delay because of the CDC's and City Board of Health's
recommendations that unvaccinated persons still need to wear masks in most indoor areas while fully
vaccinated person do not need to wear face masks, this amending ordinance is necessary for the public peace
as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an
emergency exists such that this ordinance shall become effective immediately upon its passage and approval.
City of Fayetteville, Arkansas Page 2 Printed on 61212021
Legistar ID No.:
AGENDA REQUEST FORM
FOR: Council Meeting of
Mayor Lioneld
2021
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND ORDINANCE 6323 PURSUANT TO THE NEW
RECOMMENDATIONS OF THE CENTER FOR DISEASE CONTROL AND
PREVENTION AND THE CITY BOARD OF HEALTH
FOR AGENDA:
5/26/2021
Date
5/26/2021
City Attorney Kit illiaxns Date
Ll�
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
Kit Williams
TO: Mayor Jordan City Attorney
City Council Blake Pennington
Assistant City Attorney
Jodi Batker
CC: Susan Norton, Chief of Staff Paralegal
FROM: Kit Williams, City Attorney
DATE: May 26, 2021
RE: Council's Recommendations to Amend Fayetteville's Mask Mandate to
Conform to Recommendations of the CDC and Fayetteville Board of
Health
Governor Hutchinson recently confirmed that he would not extend his
pandemic emergency declaration beyond May of this year. Pursuant to Section 5
of Ordinance 6323 (your mask mandate ordinance), the City Council needs to
review this ordinance "immediately following the end of the state -declared
emergency." The City Board of Health recently issued several recommendations
in consideration of the new guidelines issued by the Center for Disease Control
and Prevention (CDC). Thanks for discussing this topic during your Agenda
Session yesterday evening.
I have worked your comments and suggestions into the draft ordinance I
had earlier supplied to you. This ordinance would amend rather than repeal
Ordinance 6323. First, it adopts the recommendation of the City Board of Health
(which are attached as an exhibit) that all residents should be vaccinated as soon
as possible. Later sections would continue your mask mandate requirements, but
directs the mandate only to not fully vaccinated persons (except for those in
healthcare settings, on mass transit, and in homeless shelters where all should
continue to wear masks) pursuant to both the CDC and City Board of Health
recommendations. Finally, the Sunset Clause would obey state law to remove all
such city requirements when that state law becomes effective on July 28, 2021.
Mayor Jordan is now sponsoring this revised ordinance for your
consideration at the June 15t meeting.
(a
113 West Mountain Street
Fayenevitle. AR 72701
(479) 575-8323
Ordinance: 6323
File Number: 2020-0503
AN ORDINANCE TO REQUIRE PERSONS TO WEAR FACE MASKS THAT COVER THE
NOSTRILS AND MOUTH TO HELP RESTRICT THE SPREAD OF THE COVID-19 VIRUS,
TO ESTABLISH REASONABLE EXEMPTIONS, TO OPERATE NON -EMERGENCY
BUSINESS SUPPORT HOTLINE, TO SET PRACTICAL ENFORCEMENT CONDITIONS.
AND TO APPROVE A BUDGET ADJUSTMENT
WHEREAS, the spread ofthe Covid-19 virus has been accelerating in Washington County: and
WHEREAS, the administrator of the Washington Regional Medical System has said it is critically
important to take the recent surge in COVID-19 cases seriously, and also has asked the community to
"wear a mask when out in public;' and
WHEREAS, the Coroner of Washington County, Roger Morris, has reminded people to wear a
mask to protect others; and
WHEREAS, Jennifer Dillaha of the Arkansas Department of Health, has said that wearing a mask is
the most effective action that can be taken to slow the spread of the Covid-19 virus:. and
WHEREAS, numerous other epidemiologists have insisted that widespread use of face mask is
necessary to prevent the more rapid spread of the Covid-19 virus, especially when humans gather in
groups, and thereby necessary for the safety and health of Fayetteville citizens, residents and visitors;
and
WHEREAS, employees and most members of the public in public service areas of places of public
accommodation should be required to wear masks to cover their nostrils and mouth for the health and
safety ofall, subject to certain exceptions; and
Pew t P Mna an WMO
0Ninenca 6323
Fab Number 2020,0503
WHEREAS, businesses cannot reasonably implement health directives as intended without municipal
support services; and
WHEREAS, the legal standard of willful neglect can be used to shield any business making a good
faith attempt to implement this ordinance from any penalty whatsoever; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville. Arkansas hereby determines that the health
and safety of Fayetteville residents require that persons within public service areas in all places of
public accommodation are required to constantly wear face masks covering the nostrils and mouth of
such persons subject to the following exceptions:
A. Masks may be removed while consuming food or drinking a beverage and exercising if social
distancing and disinfection best practices are also followed.
B, Settings with ten (10) or fewer persons present, such as small business offices which do not
serve the public in person, and areas without normal public access, such as semi -private offices
and workshops, do not require masks, unless persons cannot follow social distancing best
practices
C. Reasonable accommodations may be made for individuals with a disabling condition that
prevents wearing a face mask.
D. Masks may be removed in outdoor settings generally while best practices to maintain social
distance are followed. Masks shall be worn at managed events when attendance and format
prevent social distancing.
Section 2: That the City Council of the City of Fayetteville. Arkansas hereby determines that the health
and safety of Fayetteville residents require that all businesses. offices, shops, and manufacturing and
similar facilities are required to post conspicuous signs at all entrances to their establishment that
employees, customers and visitors to their establishment must wear face masks pursuant to the rules
stated in Section I of this ordinance to be admitted into their premises.
Section 3: That the City Council ofthe City of Fayetteville, Arkansas hereby determines that places of
public accommodation are required to provide disposable face masks for free or a nominal cost for
members of the public seeking to enter their establishments and are required to deny entry to members
of the public who refuse to wear face masks as required in Section 1.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget
adjustment Of$100-000.00 to operate a public safety campaign to raise community rates of
Page 2 PnMetl an aHGTO
OrUl.m0s: 6323
Flk Number 2020-0503
mask -wearing,. The campaign shall include the distribution of free face masks to Fayetteville
businesses, the operation of business support hotline, and an outreach strategy focused on
high -interaction sites. The non -emergency business support hotline shall be available for businesses to
request technical and/or field support for any reason related to our adaptation to the Covid-19 virus,
including requesting free masks for distribution to their customers, the creative use of outdoor space,
and generally when implementing health directives and emerging best practices.
Section 5: Sunset. After the governor's emergency declaration ends, an ordinance to repeal this
ordinance shall be placed on the agenda immediately following the end of the stme-declared
emergency. The City Council at that time shall act on that ordinance with all haste, either repealing this
ordinance in whole. in part. or extending the requirement and associated programs.
Section 6: Penalties on individuals. Individuals which refuse to wear amok when required will be
denied entry to places of accommodation. Places of accommodation may call either the
non -emergency hotline for assistance, or they may call 911 if the situation is an emergency. There is no
other penalty for refusing to wear a face mask. but disorderly conduct and threatening or assaulting
another person are crimes that can still be enforced.
Section 7: Penalties on businesses. No business shall suffer a penally unless that business fails to
implement the requirements of this ordinance due to willful neglect. In that case, failure to cultures the
provisions of this ordinance shall constitute a violation subject to the penalties allowed in § 10.99
General Penalty of the Fapeneville Corse.
Section 8: Severability clause. Ifany provisions, sections or portion ofthis ordinance is found or
determined by a court for any reason to be invalid or unenforceable, those provisions shall be severed
from the remaining portions ofthis ordinance which shall remain effective in the absence of any invalid
or unenforceable provisions.
Section 9: That the City Council of die City of Fayetteville. Arkansas hereby determines that this
ordinance should become effective without delay because widespread use ofa face mask is necessary
to prevent the more rapid spread of the Covid.19 virus, especially when humans gather in groups,
which is necessary for the public peace as well as the health and safety of Fayetteville residents.
Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become
effective immediately upon its passage and approval.
PASSED and APPROVED on 6/16/2020
F,3 wmna—W".
Ortl M0 ,n ,6323
Fik Number 202MW3
Attest:
Kara Paxton. City Clerk Treasurer -
Pee 4 vnmwon anvea
ORDINANCE NO.
AN ORDINANCE TO AMEND ORDINANCE 6323 PURSUANT TO THE NEW
RECOMMENDATIONS OF THE CENTER FOR DISEASE CONTROL AND PREVENTION
AND THE CITY BOARD OF HEALTH
WHEREAS, the City of Fayetteville followed the recommendations of the Center for Disease
Control and Prevention (CDC) to establish its local regulation of face masks in places of public
accommodation for Fayetteville businesses when it enacted Ordinance 6323; and
WHEREAS, on May 13, 2021 the CDC made substantial changes in its recommendations for
wearing face masks and stated: "If you are fully vaccinated, you can resume activities that you
did before the pandemic"; and
WHEREAS, the CDC further stated: "Fully vaccinated people can resume activities without
wearing a mask or physically distancing..."; and
WHEREAS, the CDC continued its recommendation for mask wearing and physically
distancing for all not fully vaccinated persons for all indoor places of public accommodation and
most outdoor gatherings; and
WHEREAS, the Fayetteville Board of Health passed the attached recommendations to the City
Council including: "2. Those persons that are fully vaccinated should no longer be required to
wear masks within the City of Fayetteville, with the following exceptions: in healthcare settings,
on mass transit, in prisons and jails, and in homeless shelters;" and
WHEREAS, Governor Hutchinson confirmed on Thursday, May 20' that he would not extend
his pandemic emergency declaration which requires reconsideration of your mask mandate
ordinance pursuant to its fifth section.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby joins with the City
Board of Health and continues its recommendation that all residents should be vaccinated as
soon as possible.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends Ordinance
6323, passed unanimously by the Fayetteville City Council on June 16, 2020, by first by
amending its Section I's initial introductory language requiring all persons to constantly wear
face masks to the following:
"That the City Council of the City of Fayetteville, Arkansas hereby determines that the health
and safety of Fayetteville residents requires that all persons should be required to continue to
wear face masks in healthcare settings, on mass transit and in homeless shelters, and that all not
fully vaccinated persons within public service areas in all places of public accommodation are
Page 2
Ordinance No.
required to constantly wear face masks covering the nostrils and mouth of such unvaccinated
person subject the following exceptions:"
The remaining subsections A., B., C., and D remain effective and unchanged and a new
subsection E. shall be added as follows:
"E. Children of less than two years of age shall not be required to wear face masks."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 2
of Ordinance 6323, by adding "not fully vaccinated" in front of"employees, customers and
visitors..."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 3
of Ordinance 6323 by adding to the last clause prior to "members of the public" the following:
"not fully vaccinated".
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends Section 5
of Ordinance 6323 by repealing it in its entirety and enacting a new Section 5 as follows:
"Section 5: Sunset. Because the Legislature enacted laws which become effective on July 28,
2021 prohibiting cities from protecting their citizens, residents and visitors by mask or
vaccination mandates, this ordinance and Ordinance 6323 shall become ineffective,
unenforceable and inoperable on July 28, 2021."
Section 6: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas
hereby determines that this ordinance should become effective without delay because of the
CDC's and City Board of Health's recommendations that unvaccinated persons still need to wear
masks in most indoor areas while fully vaccinated person do not need to wear face masks, this
amending ordinance is necessary for the public peace as well as the health and safety of
Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that
this ordinance shall become effective immediately upon its passage and approval.
PASSED and APPROVED this I" day of June, 2021.
APPROVED: ATTEST:
M
LIONELD JORDAN, Mayor
By:
KARA PAXTON, City Clerk/Treasurer
1W
CITY OF
FAYETTEVILLE
ARKANSAS
To: Fayetteville City Council
Mayor Lioneld Jordan
From: Fayetteville Board of Health
Fayetteville City Health Officer
RE: Fayetteville Mask Recommendations, Revised
Date: May 17, 2021
The Covid vaccines have proven to be safe and effective. Several large studies which show that fully vaccinated
persons are at low risk for illness, infection, and viral transmission of SARS-CoV-2. Furthermore, evidence suggests
that the vaccines also provide protection against variant strains of SARS-COV-2. Based upon scientific evidence, the
Fayetteville Board of Health and the City Health Officer make the following recommendations to the City Council:
1. We strongly recommend that all citizens be vaccinated as soon as is feasible
2. Those persons that are fully vaccinated should no longer be required to wear masks within the City of
Fayetteville, with the following exceptions: in healthcare settings, on mass transit, in prisons and jails, and in
homeless shelters.
3. Fully vaccinated people are those that are at least 14 days post receiving their second dose of either the
Pfizer or the Moderns vaccines or 14 days post receiving the single dose Johnson and Johnson vaccine.
4. Unvaccinated and partially vaccinated persons need to wear their masks until they are fully vaccinated.
This is to protect themselves and other unvaccinated and partially vaccinated persons from becoming ill with
Covid-19.
5. We understand that knowing who is and is not vaccinated is not feasible.
6. We encourage mask wearing for those that still feel more comfortable doing so for whatever reason,
especially those with underlying health conditions or on medications that might limit the efficacy of the
vaccines.
7. We support local businesses that still require masks for all patrons recognizing that some businesses
have patrons that are not yet eligible to be vaccinated.
8. We encourage our citizens to be respectful of each individual's decision to either wear a mask or not.
9. All of the above is subject to change depending upon CDC guidelines and local conditions. For
example, if the new cases/day in Washington County are over 8 cases/day on a 14-day rolling average, this
could cause the Board of Health to recommend all citizens wear a mask in public indoor venues.
References:
Note: Preprints have not been peer -reviewed. They should not be regarded as conclusive, guide clinical
practioe/health-related behavior, or be reported in news media as established information.
1. Honein MA, Christie A, Rose DA, Brooks JT, Mesney-Delman D, Cohn A, et al. Summary of Guidance for
Public Health Strategies to Address High Levels of Community Transmission of SARS-CoV-2 and Related
Deaths, December 2020. MMWR Morb Mortal Wkly Rep. 2020;69(49):1860-7.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar,gov,
Fayetteville, AR 72701
NORTHWEST ARKAWS
Democrat 9 Oazefte
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F 0.3CR 1F07 PAiEVE`i1LLE AR. i21C1.41s » ?0 ^.A1 di? t s -P18 :'i';'i',! WiAl)S wv
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas
Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so
related to this publication at and during the publication of the annexed legal advertisement
the matter of Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below,
and that during said periods and at said dates, said newspaper
was printed and had a bona fide circulation in said County;
that said newspaper had been regularly printed and published
in said County, and had a bona fide circulation therein for the
period of one month before the date of the first publication of
said advertisement; and that said advertisement was published
in the regular daily issues of said newspaper as stated below.
City of Fayetteville
Ord 6441
Was inserted in the Regular Edition on:
June 6, 2021
Publication Charges: $313.12
Brittany Smith
Subscribed and sworn to before me
This -7 day of "2021.
Cathy Wiles
Benton COUNTY
N TARY PUBLIC - ARKANSAS
y mmission Expires 02-20-2024
Notary Public No.12397118 My Commission Expires: `��/ 2/
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 6441
File Number: 2021-0428
AMEND ORDINANCE 6323:
AN ORDINANCE TO AMEND
ORDINANCE 6323 PURSUANT TO
THE NEW RECOMMENDATIONS OF
THE CENTER FOR DISEASE
CONTROL AND PREVENTION AND
THE CITY BOARD OF HEALTH
WHEREAS, the City of Fayetteville
followed the recommendations of the
Center for Disease Control and
Prevention (CDC) to establish its local
regulation of face masks in places of
public accommodation for Fayetteville
businesses when it enacted Ordinance
6323; and
WHEREAS, on May 13, 2021 the CDC
made substantial changes in its
recommendations for wearing face
masks and stated: "If you are fully
vaccinated, you cart resume activities
that you did before the pandemic"; and
WHEREAS, the CDC huther stated:
"Fully vaccinated people can resume
activities without wearing a mask or
physically distancing.. "; and
WHEREAS, the CDC continued its
recommendation for mask wearing and
physically distancing for all not fully
vaccinated persons for all indoor places
of public accommodation and most
outdoor gatherings; and
WHEREAS, the Fayetteville Board of
Health passed the attached
recommendations to the City Council
including: "2. Those persons that are
fully vaccinated should no longer be
required to wear masks within the City
of Fayetteville, with the following
exceptions: in healthcare servings, on
man transit, in prisons and jails, and in
homeless shelters;" and
WHEREAS, Governor Hutchinson
confirmed on Thursday, May 20th that
he would not extend his pandemic
emergency declaration which requires
reconsideration of your mask mandate
ordinance
pursuant to its fifth section.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL',
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
joins with the City Board of Health and
continua its recommendation that all
residents should be vaccinated as soon
as possible.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends Ordinance 6323, passed
unanimously by the Fayetteville City
Council on June 16, 2020, by first
amending its Section I's initial
introductory language requiring all
persons to constantly wear face masks to
the following:
"That the City Council of the City of
Fayetteville, Arkansas hereby determines
that the health and safety of Fayetteville
residents requires that all persons should
continue to wear face masks in healthcare
settings, on mass transit and in homeless
shelters, and that all not fully vaccinated
persons within public service areas in all
places of public accommodation are
recommended to constantly wear face
masks covering the nostrils and mouth of
such unvaccinated person subject the
following exceptions:"
The remaining subsections A., B., C., and
D remain effective and unchanged and a
new subsection E. shall be added as
follows:
'E. Children of less than two years of
age shall not be required to wear face
masks."
Section 3: That the City Council of the
City of Fayetteville, Arkansas hereby
amends Section 2 of Ordinance 6323, by
adding "not fully vaccinated' in front of
"employees, customers and visitors..."
Section 4: That the City Council of the
City of Fayetteville, Arkansas hereby
amends Section 3 of Ordinance 6323 by
adding to the last clause prior to
'members of the public" the following:
"not fully vaccinated'.
Section 5: That the City Council of the
City of Fayetteville, Arkansas hereby
amends Section 5 of Ordinance 6323 by
repealing it in its entirety and enacting a
new Section 5 as follows:
"Section 5: Sunset. Because the
Legislature enacted laws which become
effective on July 28, 2021 prohibiting
cities from protecting their citizens,
residents and visitors by mask or
vaccination mandates, this ordinance and
Ordinance 6323 shall become ineffective.
unenforomble and inoperable on July 29,
2021.'
Section 6: Emergency Clause. That the
City Council of the City of Fayetteville,
Arkansas hereby determines that this
ordinance should become effective
without delay because of the CDC's and
City Board of Health's recommendations
that unvaccinated persons still need to
wear masks in most indoor areas while
fully vaccinated person do not need to
wear fare masks, this amending
ordinance is necessary for the public
peace as well as the health and safety of
Fayetteville residents. Therefore, the City
Council hereby declares an emergency
exists such that this ordinance shall
become effective immediately upon its
passage and approval.
PASSED and APPROVED on 6/1/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, C
75426942 June 6, 2021