18844• •
1 ORDINANCE NO. 18,844
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3 AN ORDINANCE TO PROHIBIT THE PLACING OF
4 OBSTRUCTIONS IN THE PUBLIC RIGHT -OF -WAY;
5 PROVIDING FOR REMOVAL BY THE CITY OF
6 OBSTRUCTIONS LEFT IN THE RIGHT -OF -WAY AFTER
7 NOTICE TO REMOVE; AND FOR OTHER PURPOSES.
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9 WHEREAS, the City has experienced an increase in the number of complaints
10 about sports equipment, landscape stones and other articles and things blocking traffic
11 and obstructing vehicular and pedestrian movement in the rights -of -way of the City,
12 and
13 WHEREAS, the terms "street" and "right -of -way' are used interchangeably
14 throughout the Little Rock Code and generally defined in LRC §30 -5 (a) as "the right of
15 passage dedicated to the public. 'Street' includes space actually used as a thoroughfare
16 and sidewalks and other ways dedicated as public thoroughfares, including alleys ",
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18 WHEREAS, a significant number of the citizen complaints relate to concerns that
19 sports equipment and other articles placed in the rights -of -way cause traffic congestion,
20 commotion and noise which disrupts the peaceful and quiet enjoyment of the
21 neighborhood, and
22 WHEREAS, in some cases street sweepers, sanitation and emergency vehicles
23 have been obstructed by or have come into contact with obstructions placed in the
24 rights -of -way, and
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Ordinance
Prohibit Placing of Obstructions
in the Public Right-of-Way
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1 WHEREAS, it has been determined that current City codes do not adequately
2 and clearly address the problems created by sports equipment and other obstructions in
3 the right -of -way, and
4 WHEREAS, the Board deems it appropriate to amend the Code to clearly
5 prohibit such placement in order to minimize the negative effects imposed thereby on
6 the health, safety and welfare of the citizens of the City.
7 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
8 OF THE CITY OF LITTLE ROCK ARKANSAS:
9 Section 1. Little Rock, Ark., Rev. Code § 30 -5 (1988) ( "LRC") is hereby amended
10 to add subsections (d) through (h) to read as follows:
11 (d) It is unlawful to place any sports equipment and any other
12 article in the public rights -of -way of the City. Any such article
13 found to be encroaching in the right -of -way shall be posted with a
14 notice by the City displaying the following information:
15 (1) The placement in the right -of -way constitutes a
16 violation of the Little Rock Code;
17 (2) The article shall be permanently removed from the
18 right -of -way within three (3) days of the notice date;
19 (3) If the article is not removed from the right -of -way
20 within the specified time the article shall be deemed
21 abandoned and seized by the City.
22 (e) If the article in the right -of -way poses an imminent hazard to
23 traffic safety the City may employ whatever steps are necessary to
24 seize or remove the hazard.
25 (f) If the City removes or seizes the article, the owner of the
26 article shall be charged a fee of $150.00 per article or the actual cost
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Ordinance
Prohibit Placing of Obstructions
in the Public Right -of-Way
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of removal, whichever is greater. If the article is of such size or
nature that it cannot be readily removed by the City, the City may
employ the services of a private contractor to remove the article, in
which case the owner shall be charged the cost of the service.
(g) Failure to pay the fee in full within thirty (30) days after
notice to the owner shall constitute an additional violation and
shall be punishable as provided in section 1 -9 of this code.
(h) If any article is replaced in the right -of -way within six (6)
months of a previous notice to remove the article, the owner, in
addition to responsibility to pay the cost of removal by the City,
shall be issued a citation for violation of this section of the code.
12 Section 2. Effective Date. The City Board of Directors recognizes that, while
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the problem of obstructions in the rights -of -way is a continuing hazard to traffic safety,
the Board is aware that many of its citizens have placed articles in the street or behind
the curb without realizing that such articles are in the public right -of -way and cause a
hazard to traffic safety. Therefore, in order to give a sufficient amount of time to inform
its citizens that such placement is prohibited, this ordinance shall become effective be in
full force and effect on June 1, 2003.
Section 3. Severability. In the event any portion of this ordinance is declared or
adjudged to be invalid or unconstitutional, such declaration or adjudication shall not
affect the remaining portions of this ordinance, which shall remain in full force and
effect as if the portion so declared or adjudged invalid or unconstitutional was not
originally a part of this ordinance.
Section 4. Repealer. All ordinances and resolutions, and parts thereof, which
are in conflict with any provision of this ordinance are hereby repealed to the extent of
26 such conflict.
Ordinance
Prohibit Placing of Obstructions
in the Public Right -of -Way
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1 PASSED: March 18, 2003
2 ATTEST:
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5 Nan y Woo , City Clerk
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7 APPROVED AS TO LEGAL FORM:
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10 Thomas M. Carpenter, City Attorney
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Ordinance
Prohibit Placing of Obstructions
in the Public Right -of -Way
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APPROVED:
Ji ailey, Mayor