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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 : � = JIM 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 Enter the text you want this field to display i-k "I Notary Public My Commission Expires: ,,I ���Zt( **NOTE** Please do not pay from Affidavit. Invoice will be sent.' Democrat aefte G.0 BOX 1607, FAYETTEVILLE, AR, 72702. 479-442.1100 , FAX: 479.695.111E • WWVJ.NWADG.COM 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 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