18767• 0
1 ORDINANCE NO. 18,767
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3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE 36 -550
4 TO REPEAL THE DURATIONAL LIMITATION ON POLITICAL
5 CAMPAIGN SIGNS; TO CLARIFY THAT SIGNS ARE NOT PERMITTED
6 IN PUBLIC RIGHT- OF-WAY OR ON PUBLIC PROPERTY WITHOUT A
7 FRANCHISE; TO DECLARE AN EMERGENCY; AND FOR OTHER
8 PURPOSES.
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10 WHEREAS, the City currently has a sign ordinance which prohibits the erection of
11 political campaign signs more than sixty (60) days prior to an election, or ten (10) days
12 after an election, and
13 WHEREAS, in Whitton v. City of Gladstone, 54 F.3rd 1400 (811' Cir. 1995), the U.S.
14 Court of Appeals for the Eighth Circuit, which is the federal circuit court of appeals with
15 jurisdiction over Arkansas, has held that such a durational requirement violates the First
16 Amendment to the U.S. Constitution, and
17 WHEREAS, the City wishes to come into compliance with this ruling, and similar
18 rulings from other federal courts, and at the same time preserve City right -of -way and
19 public areas from the erection of any signs that do not have a properly enacted franchise,
20 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
21 THE CITY OF LITTLE ROCK, ARKANSAS:
22 Section 1. Little Rock, Ark., Rev. Code § 36 -550 (1988) is hereby amended as
23 follows:
24 (a) Little Rock, Ark., Rev. Code § 36- 550(5) (1988) is hereby repealed in its
25 entirety;
26 (b) Little Rock, Ark., Rev. Code § 36- 550(6) (1988), upon the repeat
27 referred to in subsection (a), is hereby renumbered as § 36- 550(5);
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Ordinance
Repeal of political sign duration limitation
1 (c) Little Rock, Ark., Rev. Code § 36- 550(7) (1988), upon the repeal
2 referred to in subsection (a), is hereby renumbered as § 36- 550(6).
3 Section 2. Little Rock, Ark., Rev. Code § 36 -560 is hereby enacted and shall read
4 as follows:
5 Signs prohibited in City right -of -way or on City property. No sign shall be
6 erected upon any City right -of -way, or upon City property, unless:
7 (1) (a)(i) The sign provides directions to a specific location; or
8 (ii) The sign identifies a specific location such as the name of
9 a neighborhood, or the name of a structure, and
10 (b) The City has expressly granted a franchise for the
11 placement of the sign; or
12 (2) The sign is located on public property under lease to a specific
13 person, or entity, and that person or entity is granted authority
14 in the lease agreement to permit the placement of such a sign.
15 Section 3. Little Rock, Ark., Rev. Code § 36 -561 is hereby enacted and shall read
16 as follows:
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Removal of illegally placed, or sight- distance hazard, signs. Any sign
placed, erected, or found in the City right -of -way, or upon City property, in
violation of this Section 36 -560, or any sign on public or private property that
is determined to be a sight- distance hazard as defined in Section 32 -8, shall
be subject to immediate removal by the City.
Section 4. Severability. In the event any title, section, paragraph, item, sentence,
clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
unconstitutional, such declaration or adjudication shall not affect the remaining portions
of the ordinance which shall remain in full force and effect as if the portion so declared or
adjudged to be invalid or unconstitutional was not originally a part of the ordinance.
Ordinance
Repeal of politinl sip duration lisitation
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1 Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same
2 that are inconsistent with the provisions of this ordinance are hereby repealed to the extent
3 of such inconsistency.
4 Section 6. Emergency Clause. The ability to protect the City's right -of -way
5 and public areas from the unauthorized placement of signs, and the necessity to assure that the
6 City's sign ordinances do not conflict with protections of free expression guaranteed by the First
7 Amendment to the United States Constitution, and Article II of the Arkansas Constitution, are
8 essential to protect the public health, safety and welfare; an emergency is, therefore, declared to exist
9 and this ordinance shall be in full force and effect from and after the date of its passage.
to PASSED: October 15, 2002
11 ATTEST: APPROVED:
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14 Nanc Woo , City Clerk J' Dailey, Mayor
15 APPROVED AS TO LEGAL FORM:
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17 XA
18 Thomas M. Carpenter, City A torney
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Ordinance
Repeal of political sign duration limitation