2545 (2) ORDINANCE NO. 25L .6-
AN
AN EMERGENCY ORDINANCE CONCERNING THE
CORONAVIRUS (COVID-19) PUBLIC HEALTH EMERGENCY
WHEREAS, the Federal Government has declared a State of emergency based on the
impact of Coronavirus (COVID-19)becoming a pandemic event; and
WHEREAS,on March 11, 2020, Asa Hutchinson, Governor of the State of Arkansas,
declared a statewide state of emergency in response to Coronavirus (COVID-l9); and
WHEREAS, the World Health Organization has declared the Coronavirus (COV ID-19)
to be a worldwide pandemic; and
WHEREAS,the Coronavirus (COVID-19)has been confirmed to exist in Crittenden
County,Arkansas; and
WHEREAS,the City of West Memphis confirms that protecting the public health is the
Council's top priority; and
WHEREAS,the Council is empowered under Arkansas law to do all acts and make all
regulations which may be necessary or expedient for the promotion of the safety, health and
welfare of the community; and
WHEREAS,the Council, on advice of its local Office of Emergency Management,
determines to take action in this emergency circumstance on a continuing basis to address the
COVID-19 impacts on our City and community and to further declare a state of emergency in
West Memphis, Arkansas; and
WHEREAS,COVID-19 poses a serious public health risk to our City stemming from it
being a novel respiratory disease, impacting our City services, impacting utility department
services, impacting our schools, impacting our businesses and impacting our manufacturing and
industrial sector; and
WHEREAS,the Council further finds and determines that the adoption of this Ordinance
is proper under applicable law.
NOW, THEREFORE, BE IT ORDAINED by the City Council (the "Council") of the
City of West Memphis, Arkansas (the "City") as follows:
Section 1. Title. This Ordinance shall be known and may be cited as the "City of
West Memphis Emergency Coronavims (CO V ID-19)Ordinance".
Section 2. Curfew. A curfew is hereby imposed upon the City from Nine O'Clock p.m.
until 5 O'Clock a.m.', during which it shall be unlawful for any person subject to the curfew to
be present or travel upon any public street, public alley, public roadway or public property.
Section 3. Exclusions. The curfew does not apply to the following persons and conduct:
1. A person traveling to and from:
a work, whether commercial or noncommercial:
b. businesses, both for and not-for profit:
c. government agencies: and
it. any location to receive medical care, food, or any other essential goods
and services.
2. A person traveling as the result of, or in response to, an emergency.
3. A person walking their pets.
4. A person acquiring exercise outdoors while maintaining social distance of at least
six (6) feet.''
Section 4. Penalties. Any violation of this ordinance is punishable by a fine of not
less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by
imprisonment not exceeding one(1) month, or both.'
Section 5. Police Power Finding. The Council hereby finds, determines and declares
that this ordinance is necessary and proper to provide for the safety, preserve the health, promote
the prosperity and to improve the order, comfort and convenience of the City of West Memphis
and the inhabitants thereof.
Section 6. Emergency Declaration. The Council hereby funds, determines and
declares that an emergency exists, and that this Ordinance is necessary for the immediate
preservation of public property, health, peace or safety for the reasons enumerated in the
introductory paragraphs of this Ordinance which are incorporated in this Section by reference.
The Council hereby determines that the adoption of this Ordinance as an emergency ordinance is
in the best interest of the citizens of the City of West Memphis.
' Federal Courts have called into question safety ordinances tied ni specific times as opposed to daybreak to sunset.
which would clearly tie the safety regulations to daytime/nighttime. A cv'n of Cam Organa axons(or Reform Noe
i. Cin of Frorrlenar,714 F 2d X 13.82018(h Cn 1983)
'Many of these exclusions were required by the Governor's Executive Order 20-13 dated Apt it Th. 2020.
'This penalty is consistent with the punishment for violating a Department of Health order,lust in case we get a
state wide rule similar to this one
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Section 7. Effective Date and Duration. This ordinance shall become effective and
enforced immediately upon its adoption and publication as required by law, and shall expire
upon declaration by the Mayor that the emergency status has ended or sixty (30) days whichever
is earliest.4
MARCO M. McCLENDON, Mayor
ATTEST:
City Clerk
SPONSORED BY:
ECEIVE
4�
'Shorter durations are eager to legally justify if challenged, it a ametrame is chosen that is too short you may
always amend this section of the ordinance.
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