HomeMy WebLinkAbout21987 1 ORDINANCE NO. 21,987
2
3 AN ORDINANCE TO PROHIBIT VEHICULAR TRESPASS, THE
4 CARAVANNING OF VEHICLES, AND DRAG RACING WITHIN THE
5 CITY OF LITTLE ROCK,ARKANSAS;TO DECLARE AN EMERGENCY;
6 AND FOR OTHER PURPOSES.
7
8 WHEREAS,the City of Little Rock, Arkansas, has an interest in maintaining the health, safety, and
9 welfare of the City's residents; and,
10 WHEREAS,there has been a significant increase in street racing and reckless driving exhibitions both
11 in business parking lots and on public streets; and,
12 WHEREAS, such activities are an immediate threat to the public safety and disrupt the public peace;
13 and,
14 WHEREAS, City of Little Rock Mayor Frank Scott, Jr., in his Declaration of Local Disaster
15 Emergency 20-02 on April 6, 2020, which amended the Little Rock Executive Orders of March 12, 2020,
16 and March 26,2020,that prohibited caravanning;and,
17 WHEREAS, City of Little Rock Mayor Frank Scott, Jr., in his Declaration of Local Disaster
18 Emergency 20-08 on December 29,2020,which amended the Little Rock Executive Orders of August 21,
19 2020,that prohibited caravanning and drag racing; and,
20 WHEREAS, pursuant to Arkansas Code Annotated § 14-54-103, the City has the power to prevent
21 injury or annoyance within the limits of the municipal corporation from anything dangerous, offensive or
22 unhealthy;and,
23 WHEREAS,pursuant to Arkansas Code Annotated § 27-49-106,the City is specifically authorized to
24 regulate and prohibit processions or assemblages on City streets; and,
25 WHEREAS, pursuant to Arkansas Code Annotated § 27-49-106, the City may adopt traffic
26 regulations, in addition to those already adopted by the State, provided there is no conflict with the State
27 Statutes.
28 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
29 OF LITTLE ROCK,ARKANSAS.
30 Section 1. Definitions.For the purposes of this ordinance:
31 (a)"Drag Race"means:
32 (1)The operation of two(2)or more motor vehicles from a point side-by-side
33 at accelerating speeds in a competitive attempt to outdistance each other;
34 or,
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1 (2) The operation of one(1)or more motor vehicles over a common selected
2 course, from the same point to the same point, for the purpose of
3 comparing the relative speeds or power of acceleration of the motor
4 vehicle or motor vehicles within a certain distance or time limit.
5 (b)"Public Highway" means a public road, County road, City street, or any paved or
6 unpaved roadway that is owned or maintained by the City,or is open to the use of
7 the public for purposes of vehicular travel.
8 (c)"Race"means the operation or use of one(1)or more motor vehicles traveling with
9 excessive or at dangerous speeds in an attempt to:
10 (1)Outgain or outdistance another motor vehicle or motor vehicles; or,
11 (2) Arrive at a given destination ahead of another motor vehicle or motor
12 vehicles; or,
13 (3) Test the physical stamina or endurance of drivers over long-distance
14 driving routes.
15 Section 2. (a) A person commits vehicular trespass if he or she operates a vehicle with willful or
16 wanton disregard for the safety of persons or property on parking lots or other paved or unpaved surfaces
17 which belong to private businesses when the owner or holder of the lease estate, or person or entity under
18 a management or other agreement for the space has posted notice in the form of a visible sign that contains
19 the following language:
20 No Trespassing
21 No Access to Parking Lots After Close of Business
22 Violators Will Be Prosecuted
23
24 All such signs shall be a minimum size of eighteen(18)inches by twelve(12)inches in lettering that is not less
25 than one(1)-inch high.
26 (b)A sign on private property required by this ordinance shall be placed at every entrance and exit on
27 the premises;
28 (c)All signs required by this ordinance shall be conspicuously displayed and clearly visible.
29 (d) Any person who commits vehicular trespass shall be punished pursuant to Little Rock, Ark. Rev.
30 Code(1988)Section 1-9 of this Code.
31 Section 3. (a)Pursuant to Arkansas Code Annotated § 27-50-309, a person commits drag racing on a
32 public highway if he or she knowingly:
33 (1)Operates a motor vehicle in a race or drag race on a public highway and commits a violation
34 of Arkansas Code Annotated § 27-50-302(a)(1)-(8), i.e., (i) racing on a public highway;
35 (ii) reckless driving; (iii) driving with lights off to avoid detection, identification or
36 apprehension; (iv) hazardous driving; (v) leaving the scene of an accident involving
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1 property damage only; (vi) driving the wrong way on a one-way street; (vii) speeding in
2 excess of fifteen (15) miles per hour over the posted speed limit; or (viii) using nitrous
3 oxide in a motor vehicle or motorcycle on a street or highway as prohibited under Arkansas
4 Code Annotated § 27-37-803; or,
5 (2) Participates in, promotes, solicits or collects moneys at any location for any race or drag
6 race on a public highway;or,
7 (3) Rides as a passenger in or on a motor vehicle in any race or drag race on a public highway.
8 (b) A person commits the crime of observing a drag race as a spectator on a public highway if he or
9 she, with the purpose to observe a drag race on a public highway:
10 (1) Is knowingly present at, and purposely observes, the drag race or the preparation for the
11 drag race;and,
12 (2)Purposely demonstrates through active encouragement,assistance, facilitation,urging or a
13 request that the drag race commence.
14 (c) It shall be unlawful for any person to drive or observe as a spectator any motor vehicle in a race
15 upon any street or public highway in the City and any person in violation thereof shall be punished pursuant
16 to Little Rock,Ark. Rev. Code(1988)Section 1-9 of this Code.
17 Section 4. Pursuant to Arkansas Code Annotated § 27-51-104:
18 (a) It shall be unlawful for any person to drive or operate any vehicle in such a careless manner as to
19 evidence a failure to keep a proper lookout for other traffic,vehicular or otherwise,or in such a manner as
20 to evidence a failure to maintain proper control on public thoroughfares or private property in the State of
21 Arkansas.
22 (b) It shall be unlawful for any person to operate or drive any vehicle on the public thoroughfares or
23 private property in the State of Arkansas in violation of the following prohibited acts:
24 (1)Improper or unsafe lane changes on public roadways; or,
25 (2)Driving onto or across private property to avoid intersections,stop signs,traffic control
26 devices or traffic lights; or,
27 (3) Driving in such a manner, or at such a speed, so as to cause a skidding, spinning or
28 sliding of tires or a sliding of the vehicle; or,
29 (4)Driving too close to,or colliding with, parked or stopped vehicles,fixtures,persons or
30 objects adjacent to the public thoroughfares;or,
31 (5) Driving a vehicle which has any part thereof, or any object, extended in such fashion
32 as to endanger persons or property; or,
33 (6) To operate any vehicle in such a manner which would cause a failure to maintain
34 control; or,
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1 (7) To operate or drive a vehicle wherein or whereon passengers are located in such a
2 manner as to be dangerous to the welfare of such passengers; or,
3 (8)To operate a vehicle in any manner,when the driver is inattentive, and such inattention
4 is not reasonable and prudent in maintaining vehicular control.
5 (c) It shall be unlawful for any person to drive any motor vehicle in a careless or prohibited manner
6 upon any street, public highway or private property in the City of Little Rock as defined above and any
7 person in violation shall be punished as set forth in Arkansas Code Annotated § 27-51-104(c).
8 Section 5. (a)A person commits the act of illegal caravanning if he or she knowingly travels with any
9 group of vehicles within the corporate limits of the City of Little Rock,Arkansas, in close proximity to one
10 another,and any vehicle within the group commits two(2)or more traffic violations,such as,but not limited
11 to, careless and prohibiting driving, improper lane usage, racing or reckless driving.
12 (b) It shall be unlawful for any person to engage in the act of an illegal caravan in the City of Little
13 Rock and any person in violation shall be punished pursuant to Little Rock, Ark. Rev. Code(1988) Section
14 1-9 of this Code.
15 Section 6. 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 was not originally a part of this
19 Ordinance.
20 Section 7. Repealer. All laws,ordinances, resolutions, or parts of the same that are inconsistent with
21 the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.
22 Section 8. Emergency Clause. The ability to prevent vehicular trespass, drag racing, and illegal
23 caravanning is essential to the public health, safety, and welfare; an emergency is, therefore, declared to
24 exist and this ordnance shall be in full force and effect from and after the date of its passage except as
25 provided herein.
26 PASSED: April 20,2021
27 ATTEST: APPROVED:
28 IP
29 A A b `A ,�►,.��
30 Allison Segars,Depu Ci Clerk Frank Scott,Jr., r
31 APPROVED AS TO LEGAL FORM:
32 /
33
34 Thomas M. Carpenter, City Attorn
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