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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�••
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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
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o'er
Ioneld Jo - in. M• or Kara Paxton, City Clerk TTreasura :• '�"���� �•;G
AS
Page 3 Printed on Mal
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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