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
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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