HomeMy WebLinkAboutOrdinance 6486113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6486
File Number: 2021-0793
AN ORDINANCE TO AMEND THE SUNSET CLAUSE OF ORDINANCE 6465 TO EXTEND
THE MASK MANDATE
WHEREAS, in response the surge of unvaccinated persons requiring much increased hospitalization,
intensive care and ventilators because of the Delta variant which was straining Fayetteville's hospital
and medical resources, the City Council passed Ordinance 6465 on August 6th after Act 1002 of
2021, which had banned mask mandates, had been declared unconstitutional and been preliminarily
enjoined; and
WHEREAS, the Arkansas Supreme Court recently refused to dissolve the preliminary injunction
issued by the Circuit Court which therefore remains in full force and effect; and
WHEREAS, the City Council also acted upon the recommendation of the City Board of Health that
masks should be required (even for the fully vaccinated) again in most indoor places of public
accommodation until the pandemic surge of the unvaccinated substantially subsides; and
WHEREAS, Governor Hutchinson did not renew his July 29, 2021 Pandemic Emergency
Proclamation which automatically expired at the end of September.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I : That the City Council of the City of Fayetteville, Arkansas hereby amends Section 3
Sunset Clause of Ordinance 6465 to extend the mask mandate's continuing effectiveness by removing
the following: "the termination of the Governor's current Proclamation of pandemic emergency," and
affirms the continuing need for the mask mandate to protect the health, safety, and welfare of our
citizens at this time.
Page 1 Printed on 1016121
Ordinance: 6486
File Number 2021-0793
PASSED and APPROVED on 10/5/2021
Attest:
Iff
RK ' T'y "O �.
-A • 07 Y
Kara Paxton. City Clerk Treasurer FAYE iiEt! L : � =
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Page 2 Printed on 1016121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0793
Agenda Date: 10/5/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: 2.
AN ORDINANCE TO AMEND THE SUNSET CLAUSE OF ORDINANCE 6465 TO EXTEND THE
MASK MANDATE
WHEREAS, in response the surge of unvaccinated persons requiring much increased hospitalization, intensive
care and ventilators because of the Delta variant which was straining Fayetteville's hospital and medical
resources, the City Council passed Ordinance 6465 on August 6th after Act 1002 of 2021, which had banned
mask mandates, had been declared unconstitutional and been preliminarily enjoined; and
WHEREAS, the Arkansas Supreme Court recently refused to dissolve the preliminary injunction issued by the
Circuit Court which therefore remains in full force and effect; and
WHEREAS, the City Council also acted upon the recommendation of the City Board of Health that masks
should be required (even for the fully vaccinated) again in most indoor places of public accommodation until the
pandemic surge of the unvaccinated substantially subsides; and
WHEREAS, Governor Hutchinson did not renew his July 29, 2021 Pandemic Emergency Proclamation which
automatically expired at the end of September.
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 amends Section 3 Sunset Clause
of Ordinance 6465 to extend the mask mandate's continuing effectiveness by removing the following: "the
termination of the Governor's current Proclamation of pandemic emergency," and affirms the continuing need
for the mask mandate to protect the health, safety, and welfare of our citizens at this time.
City of Fayetteville, Arkansas Page 1 Printed on 101612021
Legistar ID No.: 2021-0793
AGENDA REQUEST FORM
FOR: Council Meeting of October 5, 2021
FROM: Council Member Matthew Petty
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND THE SUNSET CLAUSE OF ORDINANCE 6465 TO
EXTEND THE MASK MANDATE
APPROVED FOR AGENDA:
City Council Member
Matthew Petty
I
City Attorney Ikit Williams
Approved as to form
Date
Date
Williams, Kit
From: Batker, Jodi
Sent Tuesday, October 05, 2021 4:22 PM
To: Williams, Kit
Subject: FW: Agenda Request
Please see below from Council Member Petty.
Jodi Batker
Paralegal
113 W. Mountain St., Suite 302
Fayetteville, Arkansas 72701
Telephone: (479) 575-8313
ibatker@fayetteville-ar.gov
Addftk
I
CITY
OF A m TOe
,tTtURSF.I'
Facebook I Twitter Insta¢ram l YouTube
From: Petty, Matthew
Sent: Tuesday, October 05, 20214:20 PM
To: Barker, Jodi <jbatker@fayetteville-ar.gov>
Cc: Petty, Matthew <matthew.petty@fayetteville-ar.gov>
Subject: Re: Agenda Request
Thank you,.please considerthis approved via this email
On Oct 5, 202111:41 AM, "Batker, Jodi" <ibatker@fayetteville-ar.gov> wrote:
Matthew,
Attached is the Agenda Request Form for you review and signature
Thank you.
Jodi Batker
Paralegal
113 W. Mountain St., Suite 302
Fayetteville, Arkansas 72701
Telephone: (479) 575-8313
ibatker@fayetteville-ar.gov
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
Kit Williams
City Attorney
TO: Mayor Jordan
Blake Pennington
City COUriCll
Assistant City Attorney
Kara Paxton, City Clerk/Treasurer
Jodi Batker
Paralegal
CC: Susan Norton, Chief of Staff ^
FROM: Kit Williams, City Attorney
DATE: October 5, 2021
RE: Extension of Mask Mandate Ordinance
Ordinance 6465 requiring a mask mandate for most indoor places of
public accommodation was enacted by the City Council in a Special City
Council Meeting held on August 6, 2021. The City Council had just gained
statutory authority to pass this mask mandate because the Pulaski County
Circuit Court had preliminarily enjoined Act 1002.
The Sunset Clause stated that upon "the termination of the
Governor's current Proclamation of pandemic emergency ... this ordinance
shall automatically terminate within 14 days unless the City Council passes
an ordinance to extend this Ordinances effect" Council Member Petty is
sponsoring such an ordinance which needs to be passed tonight or
Ordinance 6465 will terminate before the next City Council meeting.
Attached is the proposed ordinance.
ORDINANCE NO.
AN ORDINANCE TO AMEND THE SUNSET CLAUSE OF ORDINANCE 6465 TO EXTEND
THE MASK MANDATE
WHEREAS, in response the surge of unvaccinated persons requiring much increased
hospitalization, intensive care and ventilators because of the Delta variant which was straining
Fayetteville's hospital and medical resources, the City Council passed Ordinance 6465 on
August 6" after Act 1002 of 2021, which had banned mask mandates, had been declared
unconstitutional and been preliminarily enjoined; and
WHEREAS, the Arkansas Supreme Court recently refused to dissolve the preliminary
injunction issued by the Circuit Court which therefore remains in full force and effect; and
WHEREAS, the City Council also acted upon the recommendation of the City Board of Health
that masks should be required (even for the fully vaccinated) again in most indoor places of
public accommodation until the pandemic surge of the unvaccinated substantially subsides; and
WHEREAS, Governor Hutchinson did not renew his July 29, 2021 Pandemic Emergency
Proclamation which automatically expired at the end of September.
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 amends Section 3
Sunset Clause of Ordinance 6465 to extend the mask mandate's continuing effectiveness by
removing the following: "the termination of the Governor's current Proclamation of pandemic
emergency," and affirms the continuing need for the mask mandate to protect the health, safety,
and welfare of our citizens at this time.
PASSED and APPROVED this 5i ° day of October, 2021.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor
KARA PAXTON, City Clerk/Treasurer
Owimme, 6465
Fife Number, W21-018
aj= mvnae traeamnmg to overwhelm hospital resources and staff, and causing grievous infections,
hospitalizations and deaths ofeven young and previously healthy unvaccinated persons.
Section': That the City Council ofthe City of Fayetteville, Arkansas hereby determines that the health
and safety of Fayetteville residents require that all persons within public service areas in all places of
public accommodation including City buildings 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 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.
E. Children of less than two years of age shall not be required to wear face masks.
Section 3: Sunset Clause. Upon the dissolution of the preliminary injunction or any succeeding
permanent injunction against Act 1002, the termination of the Governor's current Proclamation of
pandemic emergency, or the reduction of the hospitalizations and deaths of Fayetteville residents now
being caused by the Delta Variant ofCovid-19 drops below levels which the City Board of Health has
determined should require masks of even vaccinated persons, this ordinance shall automatically
terminate within 14 days unless the City Council passes an Ordinance to extend this Ordinance's
effect.
Section : Penalty. Persons violating this ordinance's requirement to properly wear face masks
Pursuant to this ordinance's terms shall be subject to the penalties allowed in § 10.99 General Penalty
of the Fayetteville Code.
Section 5: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby
determines that this ordinance should become effective without delay because widespread use of
face mask is necessary to prevent the more rapid spread of the Delta Variant of the Covid-19 virus,
especially when unvaccinated persons gather in indoor areas. Therefore, for the public peace as well as
the health and safety of Fayetteville residents, the City Council hereby declares an emergency exists
such that this ordinance shall become effective immediately upon its passage and approval.
Pages PMW M &Na1
Received 10/07/21 9:48 PM
CITY OF
FAYETTEVILLE Limited Public Forum
ARKANSAS
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Edward Tisnado
Address or Ward* Address
• Ward
Locate Your Ward Number
Ward* Ward 4
Phone Number (619)384-4009
Email EDT912@protonmail.com
Meeting Body* City Council
Agenda Item OCT 5. 2021:Agenda Item 2 Amend Mask Sunset Clause
Number/Subject
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Comment Only
Comments 1 SECRET CITY COUNCIL MEETINGS
I'm disappointed this city council meeting on OCT 5th took place without notice to
the public thereby not allowing public input I check the agendas weekly I hope this
is not a practice of the city council
2 BOH PROVIDE SCIENTIFIC SOURCES
I am requesting that the City Council require the Fayetteville Board of Health provide
the scientific resources on which they make their recommendations for all COVID-1
issues including masking
That they provide original sources and not second-hand information news
commentary articles preprints or simply say "we're following CDC guidelines'
That these sources be made publicly online
As of now I here the City Council members and the Mayor say they rely on the BOH
and the BOH members say they rely on the CDC
But nobody is providing their own science and data sources
Your decisions affect so many lives I know this is a challenging time but please
show your due diligence in requiring data from the BOH
Thank you
Attachments
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20
Public Comments. Public, comment at a C ity Council meeting ~hall he allONkLd toi all membei s of the audience
Who have 5i_11ed up prwi to the beginning of the awenda item theN wish to address being opened toi public
unnment Speakers shall be limited to a maxntium Ot five (5) minutes to be broken into segments of three and two
minutes Amendments mac receive public uimments onh it approNed be the Crty Council bN unanimous consent Oi
majority rote It pubhc comment is allowed for an amendment speakers cvill only be allowed to speak for three (3)
minutes The City Council max alloca both a spcakci additional time and an unsigned -up person to speak by
unanimous consent or malontv vote
Courtesy an Respect. All members of the public all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times All shall refrain from rude or derogatory remarks reflections as to integrity, abusive
comments and statements about motives or personalities Any member of the public who violates these standards shall
be ruled out of order by the Mayor must immediately cease speaking and shall leave the podium
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Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
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the matter of: Notice pending in the Court, in said County, and at the dates of
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periods and at said dates, said newspaper was printed and had a bona fide
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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 6486
Was inserted in the gegular Edition on:
October 31, 2021
Publication Charges: $135.28
SAA 5,k.
Brittany mith
Cathy Wiles
Subscribed and sworn to before me Benton COUNTY
This / day of , 2021. NOTARY PUBLIC-ARKANSAS
% ' My Commission Expires 02-20-200A
Commission No, 12397118
Ordinance: 6496
File Number: 2021-0793
AN ORDINANCE TO AMEND THE
SUNSET CLAUSE OF ORDINANCE
6465 TO EXTEND THE
MASK MANDATE
WHEREAS, in response the surge of
unvaccinated persons requiring much
increased hospitalization, intensive care
and ventilators because of the Delta
variant which was straining
Fayetteville's hospital and medical
resources, the City Council passed
Ordinance 6465 on August 6th after Act
1002 of 2021, which had banned mask
mandates, had been declared
unconstitutional and been preliminarily
enjoined; and
WHEREAS, the Arkansas Supreme
Court recently refused to dissolve the
preliminary injunction issued by the
Circuit Court which therefore remains in
full force and effect; and
WHEREAS, the City Council also acted
upon the recommendation of the City
Board of Health that masks should be
required (even for the fully vaccinated)
again in most indoor places of public
accommodation until the pandemic
surge of the unvaccinated substantially
subsides; and
WHEREAS, Governor Hutchinson did
not renew his July 29, 2021 Pandemic
Emergency Proclamation which
automatically expired at the end of
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
amends Section 3 Sunset Clause of
Ordinance 6465 to extend the mask
mandate's continuing effectiveness by
removing the following: "the termination
of the Govemoes current Proclamation
of pandemic emergency," and at- -
the continuing need for the mask
mandate to protect the health, safety, and
welfare of our citizens at this time.
PASSED and APPROVED on
10/512021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by: The City Clerk -Treasurer of
the City of Fayetteville, Arkansas.
Amount paid: $135.28
75484382 Oct 31, 2021