21245 1 ORDINANCE NO. 21,245
2
3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., ORDINANCE NO.
4 21,071 (JULY 14, 2015) TO PERMIT A PILOT PROGRAM TO MEASURE
5 THE FEASIBILITY OF SOLICITATION OF ANY ITEM WITHIN
6 STREETS OR FROM MEDIANS LOCATED WITHIN STREETS, OF
7 WHATEVER CLASSIFICATION, WITHIN THE CITY OF LITTLE
8 ROCK, ARKANSAS; TO DECLARE AN EMERGENCY; AND FOR
9 OTHER PURPOSES.
10
11 WHEREAS, since the Board of Directors enacted an absolute ban on solicitation in medians in Little
12 Rock,Ark.,Ordinance No.21,071 on July 14,2015,the City has not experienced the problems with traffic
13 and safety hazards to pedestrians that led to the ban; and,
14 WHEREAS,the Board wishes to determine if a modification of this absolute ban can be put into place
15 for a limited period of time to gain data to determine if the ban can be amended, or put back into place;
16 NOW, THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
17 OF LITTLE ROCK,ARKANSAS:
18 Section 1. The provisions of Little Rock, Ark., Ordinance No. 21,071 (July 14, 2015) are hereby
19 amended to read as follows:
20 (a) Except as set forth in subsection (e)below, no person shall stand in or enter upon a road-
21 way, median, or portion of a public street, for the purpose of distributing anything to the
22 occupant of any vehicle;
23 (b) No person shall stand in or enter upon a roadway, median,or portion of a public street,for
24 the purpose of soliciting any item, including but not limited to, money, from the occupant
25 of any vehicle;
26 (c) The prohibition on the distribution of anything contained in subsection(a) above does not
27 apply to distribution to the occupant of a non-moving vehicle on a roadway adjacent to a
28 sidewalk if the person who makes the distribution remains on the sidewalk, and if the oc-
29 cupant of the non-moving vehicle voluntarily accepts the distribution;
30 (d) Nothing contained in this ordinance is intended to prohibit solicitation or distribution by
31 any person on a sidewalk to another person on the same sidewalk;
32 (e) For the period of May 20, 2016 to June 24, 2016, the City shall conduct a pilot program
33 which allows solicitation and distribution from the median of a public street, provided the
34 following conditions are met:
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1 (i) The person or persons engaged in such activity are at least nineteen (19)years of
2 age;
3 (ii) The person or persons engaged in such activity are wearing bright, neon-colored
4 safety clothes visible during the daylight hours such as,but not limited to,a vest,
5 t-shirt,jacket,or pants,all times while in the median;
6 (iii) The person or persons registers with the Little Rock Police Department and
7 identifies the location where such activity will occur and to the extent known the
8 names of the persons who will engage in such activity on their behalf;
9 (iv) No activity will occur until at least one hour after sunrise, and in any event will
10 cease one hour before sunset, as these times are provided by the National
11 Oceanic and Atmospheric Administration for Little Rock, Arkansas; and,
12 (v) No activity will occur if it is raining, or if for any other reason the roadway is
13 slick;
14 (f) Violation of this ordinance, as impacted by this pilot program, shall be subject to the
15 penalties set forth in Section 1-9 of the Little Rock Revised Code.
16 Section 2. Collection of data and information.
17 (a) During this period of time City Staff shall collect data on the intersections that are used for
18 such solicitation,the hours of such use,to the extent possible the traffic count during this period of time,
19 and any other information the City Manager, City Attorney, or any member of the public believe should be
20 considered.
21 (b) The City Attorney shall also review any recent developments in the law,and the ordinances of
22 other cities,and any other research materials available,to determine how the current ban in the City of
23 Little Rock compares.
24 Section 3. Severability. In the event any title, subtitle, section, subsection, subdivision, paragraph,
25 subparagraph,item,sentence,clause,phrase,or work of this ordinance is declared or adjudged to be invalid
26 or unconstitutional,such declaration or adjudication shall not affect the remaining portions of the ordinance
27 which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitu-
28 tional was not originally a part of this ordinance.
29 Section 4. Repealer. All ordinances, resolutions, or parts of the same that are inconsistent with the
30 provisions of this ordinance are hereby repealed to the extent of such inconsistency.
31 Section 5. Emergency Clause.A complete ban on access to medians for the purpose of the solicita-
32 tion,or distribution of items has proven effective for the public health, safety, and welfare; however, ques-
33 tions exist as to whether some intersections, or some activity, can occur in a manner that does not adversely
34 impact these concerns; to make a decision as to whether to modem the current ban the City needs data for
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1 a period of time to idents intersections, and issues, that arise in such a situation; an emergency is, there-
2 fore, declare to exist, and this ordinance shall be in full force and effect from the date of its passage.
3 PASSED: May 17,2016
4 ATT APPROVE/
rr /
5 /
7 gley,City Clerk Mark Sto'ola, ayor
8 D AS TO LEGAL FORM:
9
10 /4414/
11 Thomas M. Carpenter,City Attorn
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