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HomeMy WebLinkAboutOrdinance 6522113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6522 File Number: 2022-0023 FACE MASKS IN PUBLIC SERVICE AREAS: 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 WHEREAS, Covid -19 infections of Arkansas's residents are surging to higher levels that ever before in this pandemic because of the highly contagious Omicron Variant of the Covid-19 virus and the large number of our residents who are not fully vaccinated; and WHEREAS, there are already over 60,000 active cases of Covid -19 in Arkansas (over 9,000 new infections reported on the loth) and hospitalizations have more than doubled since Christmas; and WHEREAS, the Pulaski County Circuit Court issued a Final Order finding Act 1002 of 2021 unconstitutional and enjoining 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 pandemic; and WHEREAS, Washington County has recently had the second largest number of new daily cases of Covid -19 in the state including 434 reported on Sunday, January 9th while the state reported 4,308 new cases which is ten times the number of new cases reported just two weeks ago 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, the Fayetteville City Council expresses its appreciation of the University of Arkansas and Fayetteville School District for their wise and important decisions to continue their mask mandates for their students and staff during this Omicron surge. Page 1 Printed on 1119122 Ordinance: 6522 File Number: 2022-0023 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 caused by the Omicron Variant of Covid-19 is surging in Fayetteville, with the unvaccinated victims threatening to overwhelm hospital resources and staff, and causing grievous infections, hospitalizations and deaths of even young and previously healthy unvaccinated persons. 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 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. Taking into consideration the Omicron Variant's history in other countries of both its much greater infectious ability which is causing so many new cases now, but also its rapid decline after its initial and unprecedented surges, this mask mandate will likely not need to be in force nearly as long as previous mandates caused by earlier variants. Therefore, this ordinance's mask mandate will automatically terminate on March 2, 2022 unless the City Council extends this ordinance by passing a resolution by the March l st City Council meeting setting a new date for the termination of this ordinance and its mask mandate. PASSED and APPROVED on 1/18/2022 Page 2 Printed on 1/19/22 Ordinance: 6522 File Number: 2022-0023 Attest: rLt.J1 MA)WL-V Kara Paxton, City Clerk T surer ����<«�����U 1 TRE: =�� •G�(Y OF SG�' -�-. FAYE11EVILLE; Page 3 Printed on 1119122 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0023 Agenda Date: 1/18/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 FACE MASKS IN PUBLIC SERVICE AREAS: 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 WHEREAS, Covid -19 infections of Arkansas's residents are surging to higher levels that ever before in this pandemic because of the highly contagious Omicron Variant of the Covid-19 virus and the large number of our residents who are not fully vaccinated; and WHEREAS, there are already over 60,000 active cases of Covid -19 in Arkansas (over 9,000 new infections reported on the 1 Oth) and hospitalizations have more than doubled since Christmas; and WHEREAS, the Pulaski County Circuit Court issued a Final Order finding Act 1002 of 2021 unconstitutional and enjoining 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 pandemic; and WHEREAS, Washington County has recently had the second largest number of new daily cases of Covid -19 in the state including 434 reported on Sunday, January 9th while the state reported 4,308 new cases which is ten times the number of new cases reported just two weeks ago 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, the Fayetteville City Council expresses its appreciation of the University of Arkansas and Fayetteville School District for their wise and important decisions to continue their mask mandates for their students and staff during this Omicron surge. 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 caused by the Omicron Variant of Covid-19 is surging in Fayetteville, with the unvaccinated victims threatening to overwhelm hospital resources and staff, and causing grievous infections, hospitalizations and City of Fayetteville, Arkansas Page 1 Printed on 112012022 File Number: 2022-0023 deaths of even young and previously healthy unvaccinated persons. 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 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. Taking into consideration the Omicron Variant's history in other countries of both its much greater infectious ability which is causing so many new cases now, but also its rapid decline after its initial and unprecedented surges, this mask mandate will likely not need to be in force nearly as long as previous mandates caused by earlier variants. Therefore, this ordinance's mask mandate will automatically terminate on March 2, 2022 unless the City Council extends this ordinance by passing a resolution by the March 1st City Council meeting setting a new date for the termination of this ordinance and its mask mandate. City of Fayetteville, Arkansas Page 2 Printed on 112012022 Legistar ID No.: AGENDA REQUEST FORM FOR: Council Meeting of January 18, 2022 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: 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 APPROVED FOR AGENDA: ,1171D�� b �.a, t (, � Ci ouncil M mber Date Teresa Turk City Attorney Kit Williams Date Approved as to form Batker, Jodi From: Turk, Teresa Sent: Tuesday, January 11, 2022 12:55 PM To: Batker, Jodi Subject: Re: Agenda Request Hi Jodi, Thank you for sending the final draft. I approve the final draft by this email. Please let me know if you need any additional information. Teresa From: Batker, Jodi <jbatker@fayetteville-ar.gov> Sent: Tuesday, January 11, 2022 12:39 PM To: Turk, Teresa <teresa.turk@fayetteville-ar.gov> Subject: Agenda Request Teresa, Please find attached the Ordinance and Agenda Request for your review and signature. Let us know if there are any changes needed. Thank you. Jodi Batker Paralegal 113 W. Mountain St., Suite 302 Fayetteville, Arkansas 72701 Telephone: (479) 575-8313 jbatkei-@fayeLLL,viUe-ar.gov �i• i Ilk' al icak�l 1(10 FaceboTwitter Instagram I YouTube 1 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Kara Paxton, City Clerk/ Treasurer Susan Norton, Chief of Staff FROM: Kit Williams, City Attorney DATE: January 11, 2022 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: New short term mask mandate sponsored by Council Member Teresa Turk News reports about the Omicron Covid-19 virus surge are troubling. On Saturday, the Northwest Arkansas section of the Democrat Gazette reported: "Benton and Washington counties set an all-time record of 1,134 new cases and reported nearly as many - 1,123 new cases Friday... The state set a record for new cases for a fourth straight day Friday with 8,434 new Covid-19 cases..." Yesterday, Arkansas reported over 9,000 new cases. "In a 'call to action', the Arkansas Center for Health Improvement said Arkansans, especially school, municipal, business and religious leaders, should limit in person meetings and gatherings, require masking indoors and encourage vaccinations..." (page 6) as shown on the attached graph from todays Arkansas Democrat Gazette, the seven day average of new cases is more than twice as high as either the first winter surge last year or the Delta Variant surge in the late summer. The front page headline today warns us "Active state cases double in week, surpass 61,000." That article states: "The state also had 12,736 active cases among patients from newborn to 18 years old - three times the number a week ago." 1/11/22, 8:42 AM Arkansas Democrat -Gazette NW, Tuesday, January 11, 2022, pages from 13 to 13 r TUESDAY, JANUARY 11 , 2022 Coronavirus Update NORTHWEST ARKANw Democrat*(fiazette These charts are updated daily at 8 p.m. For the latest numbers, refer to the Coronavirus daily update graphic in the A section or www.arkansasonline.com/arvirus. New eases M Arkamsas by Clay New confirmed cases ■ New probable cases — 7-day average of total new cases 6,000 7,500 7,000 6,500 6,000 5,500 51100 4,500 4,090 3,500 P ,7kA lo�/ c �,000 2,500 2,000 1,500 1,000 500 0 —r- 3/11/2020 I I•_ iTI) " 5/13/2020 7/15/2020 9/16/2020 11/13/2020 1/20/2021 3/24/2021 5/26/2021 7/28/2021 9/29/2021 12/0112021 The Arkansas Department of Health started releasing probable case counts on Sept. 2. The counts of official new cases on Sept. 3 and later include new confirmed and probable cases, while the ones before only include new confirmed cases. The Health Department stated in its Feb. 28 report that a "data clean- up" added 2,932 new cases from prior to Feb.14. https://digital.olivesoftware.com/olive/odn/ardemocratnw/printpages.aspx?doc=ArDemocratNW/2022/01/11 &from=13&to=13&ts=20220111092843&uq. 1/2 Ll�� DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council CC: Kara Paxton, City Clerk/Treasurer Susan Norton, Chief of Staff / FROM: Kit Williams, City Attorney DATE: January 11, 2022 RE: Why "Short Term' Mask Mandate? Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal Council Member Turk and I discussed how long this short term mask mandate should last. We were aware of news reports that the Omicron Variant was so contagious that cases of infection would shoot up much faster than previous variants, but then would fall back much more quickly. Initially then, I thought maybe the best ending date should be February 16w (four weeks after possible passage). Then I read the following in Saturdays Arkansas Democratic Gazette. FORECAST RELEASED "In an 'issue brief released Friday, researchers with UAMS' Fay W. Boozman College of Public Health said Arkansas has enough people who are not vaccinated 'to drive this third surge to unprecedented levels.' They said they expect the state to have 168,793 new cases from last Sunday through Feb.1, with an average of 5,626 per day. Over the same period, they predicted 2,190 Arkansans will be newly hospitalized with covid-19 and 511 will die from the virus. 'Unlike 2020, if the Arkansas surge is like Omicron surges in other countries, then this surge will peak in the next 30 days, with a sustained level of new infections continuing into February and March; the researchers wrote. In states that were hit with omicron earlier than Arkansas, 'hospital systems, including those which treat children only, are being severely challenged with increasing numbers of seriously ill patients; the researchers wrote." (emphasis added) The experts are certainly much more knowledgeable than me so it seems likely that the Omicron surge will last at least until March 1st Thus, Council Member Turk's recommendation that this mask mandate last until March 2-d is well supported by the UAMS experts. Since this ordinance will certainly not be permanent (because it has a likely automatic end date of March 2, 2022), it will become immediately effective upon passage just like a resolution and thus does not need an Emergency Clause. NORTHWEST A.RKAwsm I emocmt V On& P.Q.30A160'.FAYET`E'ALLE.AR. <702,479'42-1?O%- A:{4%3697-G12I1'iv`0tVi`+AOG,C id 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 mini.ed and published i in said County, and had a bona fide circulation therein for the i 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 6522 Was inserted in the Regular Edition on: January 30, 2022 Publication Charges: $293.36 Brittany Smith Subscribed and sworn to before me This 3 \ day of _ , 2022. Notary Public J �I My Commission Expires: � 2- Cathy Wiles Benton COUNTY NOTARY PUBLIC —ARKANSAS My Commission Expires 02-20-2024 ^n No. 12397118 **NOTE** Please do not pay from Affidavit Invoice will be sent. Ordinance:6522 File Number: 2022-0023 FACE MASKS IN PUBLIC SERVICE AREAS: AN ORDINANCE TO REQUIRE PERSONS TO WEAR FACE MASKS i\ P`iBLiC SEf<Vlt_8 AREAS IN CITY OWNED BUILDINGS AND PLACES OF PUBLIC ACCOMMODATION SUBJECT TO REASONABLE EXEMPTIONS WHEREAS, Covid -19 infections of Arkansas's residents are surging to higher levels that ever before in this pandemic because of the highly contagious Omicron Variant of the Covid-19 virus and the large number of our residents who are not fully vaccinated: and WHEREAS, there are already over 60,000 active cases of Covid -19 in Aekartsas (over 9,000 new infections reported on the I Oth) and hospitalizations have more than doubled since Christmas; and WHEREAS, the Pulaski County Circuit Court issued a Final Order finding Act 1002 of 2021 unconstitutional and enjoining 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 pandemic; and WHEREAS, Washington County has recently had the second largest number of new daily cases of Covid .19 in the state including 434 reported on Sunday, January 91h while the slate reported 4,308 new cases which is ten times the i number of new cases reported iwi two weeks ago 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, the Fayetteville City Council expresses its appreciation of the University of Arkansas and Fayetteville School District for their wise and important decisions to continue their mask mandates for their students and staff during this Omicron surge. 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 caused by the Omicron Variant of Covid-19 is surging in Fayetteville, with the unvaccinated victims threatening to overwhelm hospital resources and staff, and causing grievous infections, hospitalizations and deaths of even young and previously healthy unvaccinated persons. 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 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 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 wom 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. Taking into consideration the Omicron Variant's history in other countries of both its much greater infectious ability which is causing so many new cases now, but also its rapid decline after its initial and unprecedented surges, this mask rrandatc will likely not need to be in force nearly as long as previous mandates caused by earlier variants. Therefore, this ordinance's mask mandate will automatically terminate on March 2, 2022 unless the City Council extends this ordinance by passing a resolution by the March 1st City Council meeting selling a new date for the termination of this ordinance and its mask mandate. PASSED and APPROVED on 1/1&2022 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for byThe City Clerk -Treasurer of the City of Fayetteville, AR Amount paid: 5293.36 75511938 Jan 30, 2022