18569I ORDINANCE NO. 18,569
F
3 AN ORDINANCE TO AMEND OR REPEAL PROVISIONS OF THE
4 LITTLE ROCK CODE OF ORDINANCES WHICH GOVERN USE OF
5 CITY STREETS AND RIGHTS OF WAY FOR VARIOUS PURPOSES
6 INCLUDING PARADES AND RESIDENTIAL PICKETING; TO
7 DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
s
9 WHEREAS, the City has various ordinances in place which govern use of the City
10 rights -of -way and public areas for commercial reasons, for parades, and for other matters
11 which are entitled to protection under the First Amendment to the United States Constitution
12 as well as Article II of the Arkansas Constitution, and
13 WHEREAS, the Board has been informed of the need to revise its ordinances to
14 comply with recent First Amendment decisions in various federal courts throughout the
15 Country, even though there is no indication that the City has taken any actions with violate
16 the constitutional rights of its citizens or other persons, and
17 WHEREAS, a review of these ordinances has led the Board of Directors to conclude
18 that some older ordinances need to be repealed, and that other ordinances need to be
19 amended to assure as much as possible that the City protects a free and robust debate of
20 issues on public property, but that where necessary such activities are subject to reasonable
21 time, place and manner restrictions which are narrowly construed to address a legitimate
22 governmental interest, but also to assure reasonable alternatives for the communication of
23 various ideas,
24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
25 THE CITY OF LITTLE ROCK, ARKANSAS:
26 Section 1. The following provisions of chapter 17 of the Little Rock Code of
27 Ordinances are hereby repealed:
[PAGE 1 OF 18]
I (a) Little Rock, Ark., Rev. Code § 17 -3 (1988), which prohibits the practice of
2 phrenology or craniology within the city; and,
3 (b) Little Rock, Ark., Rev. Code § 17 -4 (1988), which prohibits the avocation
4 of fortunetelling or any enterprise that pretends to predict future events.
5 Section 2. The following provision of chapter 22 of the Little Rock Code of
6 Ordinances is hereby repealed: Little Rock, Ark., Rev. Code § 22 -43(c) (1988), which requires
7 a permit holder for the distribution of handbills in a City park to be responsible to retrieve
8 and dispose of any handbills, or similar material, discarded by the recipients of such material
9 Section 3. The following provisions of chapter 32 of the Little Rock Code of
io Ordinances are hereby repealed
11
(a)
Little Rock, Ark., Rev.Code § 32 -548 (1988), which requires a parade
12
permit, issued by the Chief of Police, for any person engaged in a parade;
13
(b)
Little Rock, Ark., Rev. Code § 32 -549 (1988), which sets forth a procedure
14
to obtain a parade application;
15
(c)
Little Rock, Ark., Rev. Code § 32 -550 (1988), which sets forth standards
16
for the issuance of a parade permit;
17
(d)
Little Rock, Ark., Rev. Code § 32 -551 (1988), which describes the notice
18
procedure if a parade permit is denied;
19
(e)
Little Rock, Ark., Rev. Code § 32 -552 (1988), which sets forth a process
20
for an alternative parade permit;
21
(f)
Little Rock, Ark., Rev. Code § 32 -553 (1988), which describe the contents
22
of a parade permit;
23
(g)
Little Rock, Ark., Rev. Code § 32 -554 (1988), which discusses the
24
revocation of a parade permit; and,
25
(h)
Little Rock, Ark., Rev. Code § 32 -555 (1988), which contains a general
26
requirement that permits with parade permits comply with other laws
27
and ordinances.
[PAGE 2 of 181
0 0
1 Section 4. The following provisions are hereby approved as the City of Little Rock,
2 Arkansas, Parade and Public Assembly Ordinance:
3 (a) Definitions.
4 (1) City means the City of Little Rock, Arkansas.
5 (2) City Manager means the City Manager of the City of Little Rock,
6 Arkansas, or the manager's designee, and for the determination of certain
7 issues involved with the issuance of a permit may include the Chief of Police,
8 the Director of Public Works, or such other City employee that the manager
9 designates, provided that the applicant for a permit is always able to obtain
10 information as to a final determination from the City Manager.
11 (3) Parade means any march, demonstration, procession or motorcade
12 consisting of persons, animals, or vehicles or a combination thereof upon the
13 streets, parks or other public grounds within the City with an intent of
14 attracting public attention that interferes with the normal flow or regulation of
15 traffic upon the streets, parks or other public grounds and which does not
16 otherwise constitute residential picketing as set forth in Section 5 of this
17 Ordinance.
18 (4) Parade of public assembly permit means a permit as required by this
19 Ordinance.
20 (5) Person means any person, firm, partnership, association,
21 corporation, company or organization of any kind.
22 (6) Public assembly means any meeting, demonstration, picket line,
23 rally or gathering for a common purpose as a result of prior planning that
24 interferes with the normal flow or regulation of pedestrian or vehicular traffic
25 or occupies any public area in a place open to the general public.
26 (7) Sidewalk is any area or way set aside or open to the general public
27 for purposes of pedestrian traffic, whether or not it is paved.
[PACE 3 of 181
• •
1 (8) Street is any place or way set aside or open to the general public
2 for purposes of vehicular traffic, including any berm or shoulder parkway,
3 right -of -way, or median strip thereof.
4 (b) Permit Required.
5 No person shall engage in or conduct any parade or public assembly
6 unless a permit is issued by the City Manager
7 (c) Exceptions.
8 This ordinance shall not apply to the following:
9 (1) Funeral processions;
to (2) Students going to and from school classes or participating in
11 educational activities, provide that such conduct is under the immediate
12 direction and supervision of the proper school authorities;
13 (3) A governmental agency acting within the scope of its functions;
14 and
15 (4) Organized events occasioned by news or affairs coming into
16 public knowledge within three (3) days of such event, provided that the
17 organizer thereof gives written notice to the City Manager at least twenty-four
18 (24) hours prior to such event.
19 (d) Application.
20 (1) A person seeking a parade or public assembly permit shall file an
21 application with the City Manager on forms provided by the City and the
22 application shall be signed by the applicant.
23 (2) For single, non - recurring parades or public assemblies, an
24 application for a permit shall be filed with the City Manager at least five (5) and
25 not more than one hundred and eighty (180) days before the parade or public
26 assembly is proposed to commence. The City Manager may waive the
27 minimum ten (10) day filing period and accept an application filed within a
(PAGE 4 OF 181
0 0
1
shorter period if, after due consideration of the date, time, place, and nature of
2
the parade or public assembly, the anticipated number of participants, and the
3
City services required in connection with the event, the Chief of Police
4
determine that the waiver will not present a hazard to public safety.
5
(3) For parades or public assemblies held on a regular or recurring
6
basis at the same location, an application for a permit covering all such parades
7
or assemblies during that calendar year may be filed with the City Manager at
8
least thirty (30) and not more than one hundred and eighty (180) days before
9
the date and time at which the first such parade or public assembly is proposed
10
to commence. The City Manager may waive the minimum thirty (30) day
11
period after due consideration of the factors specified in subsection (2) above.
12
(4) The application for a parade or public assembly permit shall set
13
forth the following information:
14
(A) The name, address and telephone number, if available a
15
pager number, mobile telephone number, and email address of the
16
person seeking to conduct such parade or public assembly;
17
(B) The names, addresses and telephone numbers and, if
18
available, email addresses of the headquarters of the organization for
19
which the parade or public assembly is to be conducted, if any, and the
20
authorized and responsible heads of the organization;
21 (C) The requested date of the parade or public assembly;
22 (D) The route to be traveled, including the starting point and
23 the termination point;
24 (E) The approximate number of persons who, and animals and
25 vehicles which, will constitute such parade or public assembly and the
26 type of animals and description of the vehicles;
[PAGE 5 OF 181
0 0
1 (F) A statement as to whether the parade or public assembly
2 will occupy all or only a portion of the width of the streets proposed to
3 be traversed;
4 (G) The location by street of any assembly areas for such
5 parade or public assembly;
6 (H) The time at which units of the parade or public assembly
7 will begin to assemble at any such area;
g (I) The intervals of space to be maintained between units of
9 such parade or public assembly;
10 (j) If the parade or public assembly is designed to be held by,
11 or on behalf of, any person other than the applicant, the applicant for
12 such permit shall file a letter from that person with the Chief of Police
13 authorizing the applicant to apply for the permit on his behalf;
14 (K) The type of public assembly, including a description of
1s activities planned during the event;
16 (L) A description of any recording equipment, sound
17 amplification equipment, banners, signs, or other attention- getting
18 devices to be used in connection with the parade or public assembly;
19 (M) The approximate number of participants expected to attend
20 the parade or public assembly;
21 (N) The approximate number of spectators expected to be in
22 attendance, understanding that a participant is not to be counted as a
23 spectator;
24 (0) A designation of any public facilities or equipment, other
25 than the public streets, that are expected to be utilized;
[PAGE 6 OF 181
0 0
1 (P) Any additional information that the applicant reasonably
2 believes would be helpful to the City Manager in order to plan for any
3 City services that may be required;
4 (Q) Any additional information the City Manager reasonably
5 believes is necessary in order for the City to plan for any City services
6 that may be required.
7 (e) Fee. A non - refundable fee of twenty-five dollars ($25.00) to cover the
8 administrative costs of processing the permit shall be paid to the City Collector
9 by the applicant at the time the application is filed.
to (f) Standards for Issuance of Permit.
11 (1) The City Manager shall issue a permit pursuant to this Ordinance
12 as requested by the applicant if after consideration of the information contained
13 in the permit, and such other information as be otherwise be obtained, it is
14 determined that:
15 (A) The conduct of the parade or public assembly will not
16 substantially interrupt the safe and orderly movement of other
17 pedestrian or vehicular traffic contiguous to its route or location;
18 (B) The concentration of persons, animals, and vehicles at
19 public assembly points of the parade or public assembly will not
20 unduly interfere with proper fire and police protection of, or
21 ambulance service to, areas contiguous to such public assembly
22 areas;
23 (C) The parade or public assembly is scheduled to move from
24 its point of origin to is point of termination expeditiously and
25 without unreasonable delays en route;
[PAGE 7 OF 181
0 0
1 (D) Adequate sanitation and other required health facilities are
2 or will be made available in or adjacent to any public assembly
3
area;
4
(E) There is sufficient parking available near the site of the
5
parade or public assembly to accommodate the number of
6
vehicles reasonably expected at the time of the event;
7
(F) No parade or public assembly permit application for the
8
same time and location has already been granted or, was
9
previously received and will be granted;
to
(G) No parade or public assembly permit application for the
11
same date, or within a time frame within twenty four (24) hours of
12
the same date, has been previously received and will be granted,
13
which will require the use and deployment of public resources in
14
such a manner that when combined with the subsequent
15
application, it is reasonably determined that there would be an
16
adverse effect upon the City's ability to provide such resources
17
and to protect the welfare and safety of persons and property,
1g
provided that the mere expenditure of public funds for overtime
19
payments for public employees shall not be deemed an adverse
20
effect upon the City's ability to provide public services;
21
(H) No event is scheduled elsewhere in the City where the
22
public resources required for that event are so great that the
23
deployment of public services would have an immediate and
24
adverse effect upon the welfare and safety of persons and
25
property;
26
(2) No permit shall be granted that allows for the erection of
27
placement of any structure, whether permanent or temporary, on a City
[PAGE 8 OF 181
0 •
1
street, sidewalk, or right -of -way unless advance approval for the erection
2
or placement of the structure is obtained from the City Manager.
3
(3) The City Manager shall not deny any application for a permit
4
upon the basis of race, creed, color, national origin, political viewpoint,
5
disability, or gender.
6
(g) Notice of Denial of Application. The City Manager shall act promptly
7
upon a timely filed application for a parade or public assembly permit but in no
8
event shall grant or deny a permit less than forty-eight (48) hours prior to the
9
event. If the City Manager disapproves the application, the applicant shall be
to
notified in writing as soon as possible, but in not event not less than forty-eight
11
(48) hours prior to the event, and shall be provided the reasons for such denial.
12
Notification in writing shall be deemed to have occurred when a letter is
13
delivered in person, by telefacsimile with verification of delivery, by mail with
14
some form of return receipt, or by e -mail with some indication that the message
15
has been read.
16
(h) Alternative permit.
17
(1) The City Manager, in denying an application for a parade or
18
public assembly permit, may authorize the conduct of the parade or
19
public assembly at a date, time, location, or route different from that
20
named by the applicant. An applicant desiring to accept an alternate
21
permit shall, within five (5) days after notice of the action by the City
22
Manager, submit a written notice of acceptance with the City Manager.
23
(2) An alternate parade or public assembly permit shall conform to
24
the requirements of, and shall have the effect of, a parade or public
25
assembly permit issued pursuant to this Ordinance.
26
(i) Appeal Procedure.
[PAGE 9 OF 181
• !
1
(1) Any applicant shall have the right to appeal the denial of a parade
2
or public assembly permit to the Board of Directors. The denied
3
applicant shall make the appeal within five (5) days after receipt of the
4
denial by filing a written notice with the City Clerk. If there are less than
5
five (5) days prior to the requested date for the parade or public
6
assembly permit, the applicant shall make the appeal by filing as soon as
7
possible before the scheduled date a written notice with the City Clerk.
g
The Board of Directors shall act upon the appeal at the next scheduled
9
meeting following receipt of the notice of appeal, provided that if no
10
scheduled meeting, or agenda session, will occur prior to the requested
11
date of the parade or public assembly, the Board of Directors shall call a
12
special meeting to decide the appeal.
13
(2) The issue on appeal shall be whether the application meets the
14
criteria set forth in this Ordinance for the issuance of a permit for a
15
parade or public assembly. The Board of Directors shall consider the
16
information provided in the permit application.
17
(3) In the event the Board of Directors rejects an applicants appeal,
18
the applicant may file an immediate request for review with a court of
19
competent jurisdiction. To the extent that a record of the action of the
20
Board of Directors may be required as part of such an appeal pursuant to
21
a rule of procedure, such record shall consist of a certification by the City
22
Clerk that the appeal was filed on a particular date, was heard by the
23
Board of Directors on a particular date, and that the Board of Directors
24
voted by a specified division of votes to deny the appeal.
25
(j) Notice of Other Officials of Permit Issuance. Immediately upon the
26
issuance of a parade or public assembly permit, the City Manager shall have a
27
copy of the permit sent to the following:
[PAGE 10 OF 18]
[PAGE 11 OF 181
1
(1)
The Mayor;
2
(2)
The City Attorney;
3
(3)
The heads of the City's respective emergency services
4
departments including police, fire and ambulance;
5
(4)
The director of the Department of Public Works;
6
(5)
The postmaster;
7
(6)
The manager or responsible head of each public transportation
g
agency, or utility, the regular routes of whose vehicles will be
9
affected by the route of the proposed parade or public assembly;
10
(7)
The directors of other governmental entities, or law enforcement
11
agencies, whose departments may be affected by the attendance
12
of persons at the proposed parade or public assembly.
13
(k) Contents of Permit. Each parade or public assembly permit shall state
14
the following information:
15
(1)
The scheduled starting and the anticipated ending time of the
16
parade or public assembly;
17
(2)
The proposed minimum speed of parade units if vehicles are used
18
to transport any participants in the parade or public assembly;
19
(3)
The maximum speed that will be allowed for parade units if
Z0
vehicles are used to transport any participants in the parade or
21
public assembly;
22
(4)
The maximum interval of space to be maintained between units of
23
the parade of public assembly;
24
(5)
The portions of the streets that will be occupied by the parade or
25
the public assembly;
26
(6)
The maximum anticipated length of the parade in miles or
27
fractions of miles;
[PAGE 11 OF 181
• •
1 (7) Such other information as the City Manager shall find necessary
2 for the enforcement of the provisions of this Ordinance.
3 (1) Duties of the Permittee.
4 (1) A recipient of a permit for a parade or public assembly shall
5 comply with all permit directions and conditions and with all
6 applicable laws and ordinances;
7 (2) The recipient of a permit for a parade or public assembly shall
g designate a person who shall be in immediate possession of the
9 parade or public assembly permit at all times during the parade
to or public assembly. The recipient of the permit shall provide the
11 name of this person in writing to the City Manager no less than
12 three (3) hours prior to the start of the parade or public assembly.
13 (m) Prohibitions. The following prohibitions shall apply to all parades and
14 public assemblies:
15 (1) It shall be unlawful for any person to stage, present, or conduct
16 any parade or public assembly without first having obtained a
17 permit as required in this Ordinance;
18 (2) It shall be unlawful for any person to participate in a parade or
19 public assembly for which the person knows that a permit has not
20 been granted;
21 (3) It shall be unlawful for any person to participate in a parade or
22 public assembly for which the person knows that a permit has
23 been revoked;
24 (4) It shall be unlawful for any person to continue to participate in a
25 parade or public assembly after being informed by a law
26 enforcement officer that a permit for the event has not been
27
granted;
[PAGE 12 OF 181
• •
1
(5)
It shall be unlawful for any person to continue to participate in a
2
parade or public assembly after being informed by a law
3
enforcement officer that a permit for the event has been revoked;
4
(6)
It shall be unlawful for any person in charge of, or responsible for
5
the conduct of, a duly permitted parade or public assembly to
6
knowingly fail to comply with any condition of the permit;
7
(7)
It shall be unlawful for any person who participates in any parade
8
or public assembly activity to carry or possess any length of
9
lumber, or wood, or other non - metallic material, for purposes of
10
displaying a sign, poster, plaque or notice unless such material is
11
rounded on the ends, is one - fourth -inch (1/4 ") or less in thickness,
12
and is two inches (2 ") or less in width;
13
(8)
It shall be unlawful for any person who participates in any parade
14
or public assembly activity to carry or possess any length of metal
15
for purposes of displaying a sign, poster, plaque or notice;
16
(9)
It shall be unlawful for any person to carry any sign, poster,
17
plaque, or notice, whether mounted on a length of material as set
18
forth in subsections (7) and (8) immediately above, unless such
19
sign, poster, plaque or notice is constructed or made of cloth,
20
paper, or cardboard material.
21
(10)
It shall be unlawful for any person to ride, drive, or cause to be
22
ridden or driven any animal or any animal -drawn vehicle upon
23
any public street as a part of a parade or public assembly unless
24
such transportation is specifically authorized by the permit.
25
(n) Public Conduct During Parades and Public Assemblies.
26
(1)
No person shall unreasonably hamper, obstruct or impede, or
27
interfere with any parade or public assembly or with any person,
(PAGE 13 OF 181
0
1 vehicle or animal participating or used in a parade or public
2 assembly;
3 (2) No driver of a vehicle shall drive between the vehicles or persons
4 comprising a parade or public assembly when such vehicles or
5 persons are in motion and are conspicuously designated as a
6 parade of public assembly, provided that this provision shall not
7 prevent a law enforcement officer to permit traffic to pass through
8 such an assembly if, in the judgment of the officer, such action can
9 be taken without any danger to the driver and the persons
10
participating in the parade or public assembly;
11
(3) The City Manager shall have the authority, when reasonably
12
necessary, to prohibit or restrict the parking of vehicles along a
13
street constituting a part of the route of a parade or public
14
assembly. The City Manager shall direct that signs be posted to
15
that effect, and it shall be unlawful for any person to park or leave
16
unattended any vehicle in violation of such posting. No person
17
whose vehicle is otherwise legally parked shall be liable for
1a
parking on a street posted pursuant to this subsection that was
19
not posted at the time the person parked the vehicle.
20
(o) Revocation of permit. The City Manager shall have the authority to
21
revoke a parade or public assembly permit instantly upon violation of the
22
conditions or standards for issuance as set forth in this Ordinance, or when a
23
public emergency arises where the emergency services resources required for
24
that emergency are so great that deployment of similar services for the parade
25
or public assembly would have an immediate and adverse effect upon the
26
welfare and safety of persons or property, provided that if such revocation
27
occurs through no fault or misconduct of the applicant for the permit, or the
[PAGE 14 OF 181
• •
1 persons participating in the parade or public assembly that is the subject of the
2 permit, then the City Manager shall issue a new permit, subject to the same
3 conditions of the revoked permit, for a date acceptable to the applicant that is
4 within a reasonable period of time after the public emergency has subsided.
5 (p) Penalties. Any person convicted of violating the provisions of this
6 Ordinance shall be subject to penalties provided in section 1 -9 of the Little Rock,
7 Arkansas Revised Code of Ordinances.
8 Section S. The following provisions are hereby approved as the City of Little Rock,
9 Arkansas, Picketing of a Private Residence Ordinance.
to (a) Definitions.
11 (1) Directed, focused, or targeted means that a particular private
12 residence or any of its occupants has been made the sole object of picketing and
13 that the picketing takes place directly in front of the particular private residence
14 or the private residence on either side of the targeted residence.
1s (2) Picket or picketing means the practice of standing, marching, or
16 patrolling by one or more persons inside of, in front of, or about any premises
17 for the purpose of persuading an occupant of such premises or to protest some
18 action, attitude or belief.
19 (3) Private residence means a single - family, duplex, or other multi-
20 family dwelling.
21 (4) Public meeting means a gathering announced in advance to the
22 public, or a portion of the public, which is held to discuss matters of public
23 interest and which is attended by at least three (3) people who do not reside
24 where the assembly is held.
25 (5) Residential zoned district means a section of the City which the
26 Planning Commission has designated for some type of residential zoning
27 classification.
[PACE 15 of 18]
I (b) Picketing of Private Residence Prohibited. It shall be unlawful for any
2 person to engage in picketing which is directed, focused or targeted solely at a
3 particular private residence located in a residential zoned district and which takes
4 place directly in front of the particular private residence or the private residence on
5 either side of the targeted residence.
6 (c) Exemptions. Nothing in this Ordinance shall prohibit:
7 (1) The picketing of a residence which is also used as the occupant's sole
8 place of business;
9 (2) The picketing of a residence used as a place of public meeting;
10 (3) A person or group of persons from marching in a residential zoned area
11 without stopping at any particular private residence; or
12 (4) A person or group of persons from marching in a residential zoned area
13 on a defined route without stopping at any particular private residence or
14 residences.
1s (d) Time Restrictions. Picketing in residential zoned areas is permitted only
16 during the following hours:
17 (1) Monday through Friday:
18 9 a.m. to 12 noon
19 1 p.m. to 4 p.m.
20 7 p.m. to 9 p.m.
21 (2) Saturday
22 9 a.m. to 5 p.m.; and
23 (3) Sunday
24 1 P.M. to 5 P.M.
25 (e) Warning. Before a person may be arrested for violating subsection (b) above,
26 the person must have been ordered to move, disperse, or otherwise remedy the
27 violation by:
[PAGE 16 OF 181
•
1 (1) A police officer;
2 (2) A member of the fire department; or
3 (3) A person with authority to control the use of the residence which is the
4 focus or target of the picketing.
5 (f) Defenses. It is a defense to any prosecution under this Ordinance that a
6 person:
7 (1) Was not given a warning as provided in subjection (e); or
8 (2) Promptly obeyed a warning as provided in subsection (e).
9 (g) Penalty for Violation. Any person convicted of violating this Ordinance shall,
10 be subject to pay a fine not to exceed two hundred dollars ($200), or to be imprisoned
11 for a period not to exceed six (6) months, or to both imprisonment and a fine.
12 Section 6. Any parade, public assembly, or residential picketing, which is intended
13 to occur after the effective date of this Ordinance shall be governed by the provisions of this
14 Ordinance; provided, that for a period of forty-five (45) days from the effective date of this
1s Ordinance, the City Manager shall make every effort to accommodate any application for a
16 permit required by this Ordinance even though the application is untimely; and, provided
17 further, that such accommodation shall be required unless it is not reasonably possible to
18 provide emergency services, traffic control, or other City services, between the date of the
19 application and the date of the proposed parade, public assembly, or residential picketing.
20 Section 7. Severability. In the event any title, section, subsection, subdivision,
21 paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is
22 declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall
23 not affect the remaining portions of the ordinance which shall remain in full force and effect
24 as if the portion so declared or adjudged invalid or unconstitutional was not originally a part
25 of the ordinance.
26 Section 8, Repealer. In addition to the ordinances specifically repealed in
27 Sections 1, 2 and 3 of this Ordinance, all law, ordinances, resolutions, or parts of the same,
[PAGE 17 0E 181
! •
i that are inconsistent with the provisions of this ordinance, are hereby repealed to the extent
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
of such inconsistency.
Section 9. Emergency. The ability to establish proper time, place and manner restrictions
for the use of public areas and public rights -of -way for the robust expression of opinions, views, and
speech, is essential to the maintenance of a democratic society, as is the ability to assure that the
specific target of speech is entitled to appropriate protection, particularly in a residential setting,
without infringing upon the expressive rights of others, further, the ability of a local government to
establish reasonable time, place and manner restrictions on speech in public areas in order to assure
public safety, and to address other necessary governmental concerns, without infringing upon the
expressive rights of others, is essential to protect the public health, safety and welfare, to the extent that
this ordinance considers and addresses numerous issues addressed by the United States Supreme
Court, the United States Court of Appeals for the Eighth Circuit, and other federal and state courts
throughout the land on the items addressed herein, and in doing so helps to clarify and modifij the
provisions of existing City ordinances, some now repealed, in existence prior to the adoption of this
ordinance, it is essential that this ordinance be, and hereby is declared to be, in full force and effect
from and after the date of its passage.
PASSED: September 18, 2001
ATTEST:
Nanc Wood, ity Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City At rney
//
APPROVED:
Jim a' ey, Mayor
[PAGE 18 OF 181