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HomeMy WebLinkAboutOrdinance 6506OF fPYE rTF I- luax y �RKP NS pS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6506 File Number: 2021-0882 REPEAL ORDINANCES 6465 AND 6486: AN ORDINANCE TO REPEAL ORDINANCES 6465 AND 6486 TO END THE MASK MANDATE BECAUSE NEW COVID -19 VIRUS INFECTIONS AND HOSPITALIZATIONS HAVE NOW BEEN REDUCED, MORE VACCINATIONS HAVE BEEN ADMINISTERED, AND VACCINES ARE NOW AUTHORIZED AND AVAILABLE FOR ALL AMERICANS FIVE YEARS OLD AND OLDER AND TO SET AN EFFECTIVE DATE OF DECEMBER 23, 2021 WHEREAS. in August of 2021, the City of Fayetteville. Washington County, and the State of Arkansas were suffering a rapidly increasing pandemic of the Delta variant of Covid-19 virus among the unvaccinated as noted by Governor Hutchinson's Proclamation of Pandemic Emergency; and WHEREAS, in an effort to protect Fayetteville citizens and especially those who could not be vaccinated (like young children), the Fayetteville City Council passed Ordinance 6465 on August 6th to require masks to be worn in most indoor public places of accommodation after Act 1002 of 2021, which had banned mask mandates, had been declared unconstitutional and been preliminarily enjoined; 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 subsided: and WHEREAS, upon the advice of the City Board of Health, the City Council passed Ordinance 6486 on October 5, 2021, to continue the mask mandate after the Governor's Proclamation of Pandemic Emergency had ended because the infection and hospitalization rate was still dangerously high and because young children still could not be vaccinated; and Page 1 Printed on 11117121 Ordinance- 6506 File Number 2021-0882 WHEREAS, all persons aged 5 and older were authorized in early November to become vaccinated. the rate of new Covid -19 infections and hospitalizations has substantially subsided, and the City Council program to increase vaccinations in Fayetteville has been very successful. NOW, THEREFORE, BE IT ORDAINED BV THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE, ARKANSAS: Section I : That the City Council of the City of Fayetteville. Arkansas hereby determines that because of the increased vaccination rate in Fayetteville, the availability of vaccinations for all persons older than four years old, and the reductions in new infections and hospitalizations, the mask mandate can soon be lifted and so repeals Ordinance 6465 and Ordinance 6486., effective on December 23, 2021. Section 2: That the City Council of the City of Fayetteville hereby recommends that unvaccinated persons continue wearing masks in all public gatherings until fully vaccinated and detennines that ending the City's mask mandate does not prevent any business, school, library, theater, or other entity from requiring masks for employees or for persons utilizing their facility. Section 3 : That the City Council of the City of Fayetteville determines that this ordinance shall be effective on December 23. 2021. PASSED and APPROVED on I I/16/2021 Attest: ����t� i i►�� \. RP, K •TRF�''� =��,. • G1T t 0� qoG AYtT?-EViLLE ;�' Kara Paxton, City Clerk Treasur,ir�•• jgrON CC��`� Page 2 Printed on 11/17121 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0882 Agenda Date: 11/16/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.1 REPEAL ORDINANCES 6465 AND 6486: AN ORDINANCE TO REPEAL ORDINANCES 6465 AND 6486 TO END THE MASK MANDATE BECAUSE NEW COVID -19 VIRUS INFECTIONS AND HOSPITALIZATIONS HAVE NOW BEEN REDUCED, MORE VACCINATIONS HAVE BEEN ADMINISTERED, AND VACCINES ARE NOW AUTHORIZED AND AVAILABLE FOR ALL AMERICANS FIVE YEARS OLD AND OLDER AND TO SET AN EFFECTIVE DATE OF DECEMBER 23, 2021 WHEREAS, in August of 2021, the City of Fayetteville, Washington County, and the State of Arkansas were suffering a rapidly increasing pandemic of the Delta variant of Covid-19 virus among the unvaccinated as noted by Governor Hutchinson's Proclamation of Pandemic Emergency; and WHEREAS, in an effort to protect Fayetteville citizens and especially those who could not be vaccinated (like young children), the Fayetteville City Council passed Ordinance 6465 on August 6th to require masks to be worn in most indoor public places of accommodation after Act 1002 of 2021, which had banned mask mandates, had been declared unconstitutional and been preliminarily enjoined; 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 subsided; and WHEREAS, upon the advice of the City Board of Health, the City Council passed Ordinance 6486 on October 5, 2021, to continue the mask mandate after the Governor's Proclamation of Pandemic Emergency had ended because the infection and hospitalization rate was still dangerously high and because young children still could not be vaccinated; and WHEREAS, all persons aged 5 and older were authorized in early November to become vaccinated, the rate of new Covid -19 infections and hospitalizations has substantially subsided, and the City Council program to increase vaccinations in Fayetteville has been very successful. 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 because of the City of Fayetteville, Arkansas Page 1 Printed on 11/17/2021 File Number: 2021-0882 increased vaccination rate in Fayetteville, the availability of vaccinations for all persons older than four years old, and the reductions in new infections and hospitalizations, the mask mandate can soon be lifted and so repeals Ordinance 6465 and Ordinance 6486., effective on December 23, 2021. Section 2: That the City Council of the City of Fayetteville hereby recommends that unvaccinated persons continue wearing masks in all public gatherings until fully vaccinated and determines that ending the City's mask mandate does not prevent any business, school, library, theater, or other entity from requiring masks for employees or for persons utilizing their facility. Section 3 : That the City Council of the City of Fayetteville determines that this ordinance shall be effective on December 23, 2021. City of Fayetteville, Arkansas Page 2 Printed on 11/17/2021 Legistar ID No.: 2021- AGENDA REQUEST FORM FOR: Council Meeting of November 16, 2021 FROM: Council Members Sloan Scroggin and Holly Hertzberg ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO REPEAL ORDINANCES 6465 AND 6486 TO END THE MASK MANDATE BECAUSE NEW COVID -19 VIRUS INFECTIONS AND HOSPITALIZATIONS HAVE NOW BEEN REDUCED, MORE VACCINATIONS HAVE BEEN ADMINISTERED, AND VACCINES ARE NOW AUTHORIZED AND AVAILABLE FOR ALL AMERICANS FIVE YEARS OLD AND OLDER AND DECLARE AN EMERGENCY APPROVED FOR AGENDA: Council Member Sloan Scroggin y Hertzberg City Attorney At Williams Approved as to form Date 11 /5/21 Date Date Williams, Kit From: Hertzberg, Holly Sent: Friday, November 05, 2021 1:06 PM To: Williams, Kit Subject: Re: mask mandate Attachments: Agenda Request Repeal Mask Mandate.pdf Kit, I have signed the form attached. Thank you! From: Williams, Kit <kwilliams@fayetteville-ar.gov> Sent: Friday, November 5, 2021 12:57 PM To: Scroggin, Sloan <sloan.scroggin@fayetteville-ar.gov>; Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov> Cc: Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: RE: mask mandate Sloan and Holly, Please confirm that I can use this email as your authority to place this ordinances into Legistar for the agenda session. Kit From: Scroggin, Sloan Sent: Thursday, November 04, 20218:55 PM To: Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov> Cc: Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: Re: mask mandate That sounds great. Thanks for you work on this! From: Hertzberg, Holly <fiolly.hertzberg@favetteville-ar.gov> Sent: Thursday, November 4, 20214:30 PM To: Williams, Kit <kwilliams@favetteville-ar,,og_v> Cc: Scroggin, Sloan <sloan.scroggin@favetteville-ar.gov>; Pennington, Blake <bbpenninpton@favetteville-ar..ov> Subject: Re: mask mandate Kit, This looks great, thank you for all your work on this! If you and Sloan would agree to it, I would like to reword section 2 to read "hereby recommends unvaccinated persons continue wearing masks" so that there is no confusion on enforcement. Otherwise, I'm good to sign off on my end. Let me know if you need anything from me. Thank you! Holly Hertzberg City Council Member Ward 4 Position 2 Fayette:viile. AR 72701 holly. hertzberaO-favettevllle-ar.aov 479.777 1758 On Nov 4, 2021 at 4:00 PM, <I:i; Vv ill .)i.:1 :> wrote: Holly and Sloan, I have drafted an additional Section 2 and an Emergency Clause on the first draft of the Repeal of the mask mandate. I actually recommend this version. Please let me know your thoughts. Kit From: Williams, Kit Sent: Wednesday, November 03, 20215:20 PM To: Hertzberg, Holly <liol[ .hertzber fa etteville-ar, oy>; Scroggin, Sloan <sloah-scroggin@favetteville-ar.gov> Subject: RE: mask mandate Sloan and Holly, Attached is a draft, proposed ordinance to repeal the mask mandate. Please let me know what changes, if any, are needed. Kit From: Hertzberg, Holly Sent: Wednesday, November 03, 2021 1:18 PM To: Williams, Kit <kwilliams@favetteville-ar.gov> Subject: Re: mask mandate Kit, Yes please, thank you for including me! Holly On Nov 3, 2021 at 12:54 PM, <!iR Williams> wrote: Holly, Sloan has indicated that he wishes to end the mask mandate. Will you want to be a co-sponsor of the ordinance to do so? Kit 2 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kara Paxton, City Clerk/ Treasurer CC: Susan Norton, Chief of Staff FROM: Kit Williams, City Attorney DATE: November 5, 2021 RE: Repeal of Mask Mandate Ordinances Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Because of surging infections of unvaccinated persons in Fayetteville and throughout Arkansas which was straining our local hospitals and their Intensive Care Units, the City Council in a Special City Council Meeting enacted Ordinance 6465 requiring a mask mandate for most indoor places of public accommodation on August 6, 2021. After Governor Hutchinson later ended his Proclamation of Pandemic Emergency, the City Council extended the effectiveness of the Mask Mandate by passing Ordinance 6486 on October 5, 2021. Both of these ordinances are attached. Council Members Sloan Scroggin and Holly Hertzberg have now presented to the City Council an ordinance that would repeal both ordinances and end the mask mandate in Fayetteville. I have attached the proposed ordinance to this memo. This ordinance will be walked on to the City Council Agenda Session on Tuesday. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6465 File Number: 2021-0618 AN ORDINANCE TO REQUIRE PERSONS TO WEAR FACE MASKS IN PUBLIC SERVICE AREAS IN CITY OWNED BUILDINGS AND PLACES OF PUBLIC ACCOMMODATION SUBJECT TO REASONABLE EXEMPTIONS AND TO DECLARE AN EMERGENCY WHEREAS, infections, hospitalizations and deaths of Fayetteville's unvaccinated residents are again surging because of the Delta Variant of the Covid-19 virus; and WHEREAS, Governor Hutchinson has proclaimed a new declaration of disaster emergency because of the new pandemic of unvaccinated Arkansans; and WHEREAS, the Pulaski County Circuit Court has issued an Order to temporarily enjoin enforcement of Act 1002 which had limited the State, counties, and cities from enforcing broad mask mandates for private places of public accommodation and school districts from protecting their students even during this increasing pandemic; and WHEREAS, the most important duty of the City of Fayetteville is to protect the safety and preserve the health of its citizens, residents and visitors; and WHEREAS, now that Act 1002 has been preliminarily enjoined by the Pulaski Circuit Court, Arkansas school boards and cities may again act to protect their citizens by enforcing face mask requirements now being recommended by the Center for Disease Control and Prevention and the Fayetteville Board of Health. 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 a renewed pandemic of the unvaccinated caused by the Delta Variant of Covid- 19 is surging in Page 1 Printed on 816Q1 Ordinance: 6465 File Number. 2021-0618 Fayetteville, threatening to overwhelm hospital resources and staff, and causing grievous infections, hospitalizations and deaths of even young and previously healthy unvaccinated persons. action ?: That the City Council of the 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 maybe 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 a: Sunset Clause. Upon the dissolution of the preliminary injunction or any succeeding pennanent 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 of Covid-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 4: 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 33: 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 a 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. Page 2 Printed on 8/&21 Ordinance: 6465 File Number: 2021-0618 PASSED ,,wd APPROVED on 8/6/2021 A pp rov Attest: ,Jill Ito ►t►rrr - e-4 o'er Ioneld Jo - in. M• or Kara Paxton, City Clerk TTreasura :• '�"���� �•;G AS Page 3 Printed on Mal t. ;ov r�Ytrar ti 'r V M �4An rv5YS 113 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 mass: 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 pandernic surge of the unvaccinated substantially subsides; and WHEREAS, Governor Hutchinson did not renew his July 29, 2021 Pandernic 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 pandernic emergency," and affirms the continuing need for the mask mandate to protect the health, safety, and weltare of our citizens at this time. Page 1 Printed on 10/0/21 Ordinance: 6486 Fife Number 2021-0793 PASSED and APPROVED on 10/5/2021 Attest: r1111117. ram: Kara Paxton. City Clerk Treasuret FA. Yz--iT �y I JF 7 Page 2 Printed on 10/e/21 NORTHWEST ARKANSAS Democrat . T C!azette 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, Ordinance:6506 was still dangerously high and and that during said periods and at said dates,said newspaper File Number: 2021-0882 because young children still could REPEAL ORDINANCES 6465 not be vaccinated;and was printed and had a bona fide circulation in said County; AND 6486: WHEREAS,all persons aged 5 and that said newspaper had been regularly printed and published AN ORDINANCE TO REPEAL older were authorized in early ORDINANCES 6465 AND 6486 November to become vaccinated, in said County, and had a bona fide circulation therein for the TO END THE MASK MANDATE the rate of new Covid-19 infections period of one month before the date of the first publication of BECAUSE NEW COVID-19 and hospitalizations has VIRUS INFECTIONS AND substantially subsided,and the City said advertisement;and that said advertisement was published HOSPITALIZATIONS HAVE Council program to increase in the regular daily issues of said newspaper as stated below. NOW BEEN REDUCED,MORE vaccinations in Fayetteville has been VACCINATIONS HAVE BEEN very successful. ADMINISTERED,AND NOW,THEREFORE,BE IT VACCINES ARE NOW ORDAINED BY THE CITY City of Fayetteville AUTHORIZED AND COUNCIL OF THE CITY OF AVAILABLE FOR ALL FAYETTEVILLE,ARKANSAS: Ord 6506 AMERICANS FIVE YEARS OLD Section I: That the City Council of AND OLDER AND TO SET AN the City of Fayetteville,Arkansas EFFECTIVE DATE OF hereby determines that because of DECEMBER 23,2021 the increased vaccination rate in Was inserted in the Regular Edition on: WHEREAS,in August of 2021,the Fayetteville,the availability of City of Fayetteville,Washington vaccinations for all persons older November 21, 2021 County,and the State of Arkansas than four years old,and the were suffering a rapidly reductions in new infections and increasing pandemic of the Delta hospitalizations,the mask mandate Publication Charges: $223.44 variant of Covid-I9 virus among can soon be lifted and so repeals the unvaccinated as noted by Ordinance 6465 and Ordinance Governor Hutchinson's 6486.,effective on December 23, Proclamation of Pandemic 2021. Emergency;and Section 2: That the City Council of Svt WHEREAS,in an effort to protect the City of Fayetteville hereby Brittany Smith Fayetteville citizens and especially recommends that unvaccinated those who could not be vaccinated persons continue wearing masks in CathyWiles (like young children),the all public gatherings until fully Subscribed and sworn to before me Fayetteville City Council passed vaccinated and determines that Benton COUNTY Ordinance 6465 on August 6th to ending the City's mask mandate This 23 day of�� , 2021. NOTARY PUBLIC-ARKANSAS require masks to be worn in most does not prevent any business, indoor public places of school,library,theater,or other My Commission Expires 02-20-202[-accommodation after Act 1002 of entity from requiring masks for Commission No. 12397118 2021,which had banned mask employees or for persons utilizing mandates,had been declared their facility. ect,a,rio& unconstitutional and been Section 3: That the City Council of preliminarily enjoined;and the City of Fayetteville determines WHEREAS,the City Council also that this ordinance shall be effective NotaryPublic acted upon the recommendation of on December 23,2021. the City Board of Health that masks PASSED and APPROVED on My Commission Expires: not should be required(even for the 11/16/2021 fully vaccinated)again in most Approved: indoor places of public Lioneld Jordan,Mayor accommodation until the pandemic Attest: surge of the unvaccinated Kara Paxton,City Clerk Treasurer substantially subsided;and Paid for by: The City Clerk- WHEREAS,upon the advice of the Treasurer of the City of Fayetteville, **NOTE**Please do not payfrom Affidavit City Board of Health,the City Arkansas.Amount paid:5223.44. Council passed Ordinance 6486 on 75491330 Nov 21,2021 Invoice will be sent. October 5,2021,to continue the mask mandate after the Governor's Proclamation of Pandemic Emergency had ended because the infection and hospitalization rate