21071 1 ORDINANCE NO. 21,071
2
3 AN ORDINANCE TO IMPOSE AN ABSOLUTE BAN ON THE
4 SOLICITATION OF ANY ITEM WITHIN STREETS OR FROM
5 MEDIANS LOCATED WITHIN STREETS, OF WHATEVER THE
6 CLASSIFICATION, WITHIN THE CITY OF LITTLE ROCK,
7 ARKANSAS; TO DECLARE AN EMERGENCY; AND, FOR OTHER
8 PURPOSES.
9
10 WHEREAS,the City currently as a codified ordinance that prohibits solicitation on or along any major
it
11 or minor arterial street of the City,as set forth in Little Rock,Ark.,Rev. Code § 17-129 (1988),as a part of
12 Article V of the Chapter 17 of the Code of Ordinances which deals with peddlers,solicitors,and canvassers;
13 and,
14 WHEREAS, the Board of Directors of the City of Little Rock has expressed a desire to deal with
15 Article V to assure that it complies with all rights guaranteed to individuals by the First Amendment to the
16 U.S. Constitution, and by Article II of the Arkansas Constitution; and,
17 WHEREAS,while this investigation is ongoing the City has ceased enforcement of the entire article,
18 and as a result there has been an increase in the number of persons who solicit for contributions,donations,
19 money, and other matters,along various streets within the City; and,
20 WHEREAS,the persons who solicit these funds not only request assistance,but also walk from car to
21 car, ask people to roll down their windows, and to provide funds, and in this process have included young
22 children among those who solicit funds; and,
23 WHEREAS, such activity as walking into traffic, provides a significant safety hazard to the persons
24 who solicit the funds, as
well as to drivers of automobiles who may not see the persons who are soliciting
25 the funds; and,
26 WHEREAS, after review of studies from other areas such as Montgomery County, Maryland, and
27 Austin,Texas,it has been determined that there is indeed a major safety hazard that the City has the ability
28 to address with appropriate legislation;
29 NOW, THEREORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
30 OF LITTLE ROCK,ARKANSAS:
31 Section 1. No person shall stand in or enter upon a roadway,median, or portion of a public street,for
32 the purpose of distributing anything to the occupant of any vehicle.
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1 Section 2. No person shall stand in or enter upon a roadway,median, or portion of a public street,for
2 the purpose of soliciting any item, including but not limited to money, from the occupant of any vehicle.
3 Section 3. The prohibition on the distribution of anything contained in Section 1 of this ordinance
4 does not apply to distribution to the occupant of a non-moving vehicle on a roadway adjacent to a sidewalk
5 if the person who makes the distribution remains on the sidewalk, and if the occupant of the non-moving
6 vehicle voluntarily accepts the distribution.
7 Section 4. Nothing contained in this ordinance is intended to prohibit solicitation or distribution by
8 any person on a sidewalk to another person on the same sidewalk.
9 Section 5. The Board of Directors shall revisit this issue and consider appropriate amendments by
10 September 15,2015,the second meeting in September.
11 Section 6. Penalty. Violation of this ordinance shall be subject to the penalties set forth in Section 1-
12 9 of the Little Rock Revised Code.
13 Section 7. Repealer. All laws,ordinances,resolutions,or parts of the same,that are inconsistent with
14 the provisions of this ordinance,are hereby repealed to the extent of such inconsistency.
15 Section 8. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
16 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
17 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and
18 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
19 ordinance.
20 Section 9.Emergency Clause.The ability to maintain safe streets and roadways ayom pedestrian p strian traffic
21 when automobiles have the right of way is essential to the public health, safety, and welfare; however, the
22 proliferation of persons and entities that use streets, walk between cars, stand on medians, and approach
23 vehicles, as shown in the attached photographs, has created a major public safety hazard that must be
24 stopped without the violation of anyone's right to solicit donations and distribute materials on public
25 property; an emergency is, therefore, declared to exist and this ordinance shall be in full force and effect
26 from and after the date of its passage.
27 PASSED: July 14,2015
28 • . E . APPROVED•
29 �I�
30
31 S sarley,City Clerk Mark Stodola, Mayor
32 APP' l'tOIT 1 AS TO LEGAL FORM:
33
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34 1 .
35 Thomas M. Carpenter, ity Attor 1•y
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