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1634ORDINANCE NO. 1634 (#08-2020) AN ORDINANCE BY THE CITY OF JACKSONVILLE, REGARDING THE USE OF MASKS IN RELATION TO THE COVID-19 PANDEMIC. WHEREAS, an outbreak of COVID-19 (coronavirus) has resulted in an ongoing global pandemic; and WHEREAS, on June 18, 2020, Executive Order 20-37 declared that the emergency declared pursuant to Executive Order 20-03 and its amendments was terminated and that the public health and disaster emergency and declaration of the State of Arkansas as a disaster area resulting from the state-wide impact of COIVID-19 was declared anew and would be effective for sixty (60) days unless renewed; and WHEREAS, on June 19, 2020, the Arkansas Department of Health (ADH), released guidance regarding the use of face masks/coverings by the general public which asserts that ample evidence exists to support the efficacy of wearing face masks to prevent the transmission of COVID-19 including a World Health Organization (WHO) funded study; and WHEREAS, the afore -mentioned ADH guidance on masks recommends that the general public should wear face coverings in ALL indoor environments where they are exposed to non - household members and distancing of six (6) feet or more cannot be assured. This includes, but is not limited to, workplaces, retail stores, businesses, places of worship, courtrooms, jails/prisons, schools, healthcare facilities, and other people's homes; and WHEREAS, the afore -mentioned ADH guidance recommends that the general public should also wear face coverings in ALL outdoor settings where there is exposure to non - household members, unless there exists ample space of six (6) feet or more to practice physical distancing; and WHEREAS, Arkansas Governor Asa Hutchinson supports and encourages the usages of facial coverings in an effort to curb the spread of COVID-19; and WHEREAS, the United States Supreme Court has long recognized state and local control over the spread of infectious diseases and gave broad leeway in responding to these threats in Jacobson v. Massachusetts, 197 U.S. 11 (1905); WHEREAS, the Centers for Disease Control and Prevention (CDC) encourage the use of cloth face covering to curb the spread of COVID-19; and WHEREAS, individuals infected with COVID-19 are often asymptomatic and may transmit the virus; and WHEREAS, the health of employees and patrons of reopened businesses is directly 1 threatened by individuals who enter such establishments without a facial covering. WHEREAS, this Ordinance shall automatically expire upon termination of the current emergency. APPROVED AND ADOPTED THIS DAY OF , 2020. CITY OF JACKSONVILLE, ARKANSAS BOB JOHNSON, MAYOR ATTEST: SUSAN DAVITT, CITY CLERK APPROVED AS TO FORM: STEPHANIE FRIEDMAN, CITY ATTORNEY July 15, 2020 Ordinance 1534 was pulled from the agenda by the sponsoring Council Members 2