HomeMy WebLinkAboutOrdinance 7041
Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 7041
File Number: 2026-3012
AN ORDINANCE TO AUTHORIZE CERTIFIED FIRE MARSHAL PERSONNEL TO INITIATE
NONCONSENSUAL TOWS BY AMENDING § 72.02 NONCONSENSUAL, POLICE-INITIATED TOWING,
STORAGE AND IMPOUNDMENT PROCEDURES OF THE FAYETTEVILLE CODE, AND TO DECLARE
AN EMERGENCY
WHEREAS, the Arkansas Fire Prevention Code, which is enforced by the City for the protection of life and property,
requires that fire apparatus access roads, fire lanes, hydrants, and fire protection systems remain unobstructed at all
times; and
WHEREAS, vehicles parked in violation of fire lanes or obstructing fire protection systems create significant hazards
by delaying emergency response and hindering fire suppression and rescue operations; and
WHEREAS, the City of Fayetteville maintains established procedures for nonconsensual towing that provide
appropriate safeguards, documentation, and notification but the authorization to initiate towing is currently restricted to
the Police Department; and
WHEREAS, it is necessary to authorize Certified Fire Marshal personnel to take immediate action, including ordering
the removal of vehicles, to eliminate life safety hazards; and
WHEREAS, the provisions of this Ordinance are enacted for the purpose of preserving and protecting the public
peace, health, safety, welfare and property of the residents of Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 72.02 Nonconsensual, Police-
Initiated Towing, Storage and Impoundment Procedures of the Fayetteville Code and enacts a new § 72.02 as
shown in Exhibit A attached hereto.
Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that this
ordinance should become effective without delay to address the growing problem of vehicles obstructing fire lanes and
fire protection systems, thereby creating significant hazards by delaying emergency response and hindering fire
suppression and rescue operations, which is necessary for the public peace as well as the health and safety of
Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall
become effective immediately upon its passage and approval.
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Ordinance: 7041
File Number: 2026-3012
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PASSED and APPROVED on October 6, 2026
Approved:
_______________________________
Molly Rawn, Mayor
Attest:
_______________________________
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $186.96
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-3012
MEETING OF OCTOBER 6, 2026
TO: Mayor Rawn and City Council
THROUGH: Brad Hardin, Fire Chief
FROM: Granville Wynn, Fire Operations Manager
SUBJECT: Staff Requests Amendment to §72.02 to authorize certified Fire Marshal personnel to
initial nonconsensual tows
RECOMMENDATION:
Staff requests City Council approval to amend §72.02 Nonconsensual, Police-Initiated Towing, Storage
and Impoundment Procedures of the Fayetteville Code and enacts a new §72.02 as shown in Exhibit A
attached and approves an Emergency Clause.
BACKGROUND:
The Arkansas Fire Prevention Code, which is enforced by the City for the protection of life and property,
requires that fire apparatus access roads, fire lanes, hydrants, and fire protection systems remain unobstructed
at all times. Vehicles parked in violation of fire lanes or obstructing fire protection systems create significant
hazards by delaying emergency response and hindering fire suppression and rescue operations.
DISCUSSION:
The City of Fayetteville maintains established procedures for nonconsensual towing that provide appropriate
safeguards, documentation, and notification, but the authorization to initiate towing is currently restricted to the
Police Department. It is necessary to authorize Certified Fire Marshal personnel to take immediate action,
including ordering the removal of vehicles, to eliminate life safety hazards. The provisions of this Ordinance are
enacted for the purpose of preserving and protecting the public peace, health, safety, welfare, and property of
the residents of Fayetteville.
BUDGET/STAFF IMPACT:
There is no Budget Impact with this Ordinance.
ATTACHMENTS: 3. Staff Review Form, 4. Ordinance Draft, 5. Red Line, 6. Exhibit A
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City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-3012
AN ORDINANCE TO AUTHORIZE CERTIFIED FIRE MARSHAL PERSONNEL TO
INITIATE NONCONSENSUAL TOWS BY AMENDING § 72.02 NONCONSENSUAL, POLICE-
INITIATED TOWING, STORAGE AND IMPOUNDMENT PROCEDURES OF THE
FAYETTEVILLE CODE, AND TO DECLARE AN EMERGENCY
WHEREAS, the Arkansas Fire Prevention Code, which is enforced by the City for the protection of life
and property, requires that fire apparatus access roads, fire lanes, hydrants, and fire protection systems
remain unobstructed at all times; and
WHEREAS, vehicles parked in violation of fire lanes or obstructing fire protection systems create
significant hazards by delaying emergency response and hindering fire suppression and rescue
operations; and
WHEREAS, the City of Fayetteville maintains established procedures for nonconsensual towing that
provide appropriate safeguards, documentation, and notification but the authorization to initiate towing
is currently restricted to the Police Department; and
WHEREAS, it is necessary to authorize Certified Fire Marshal personnel to take immediate action,
including ordering the removal of vehicles, to eliminate life safety hazards; and
WHEREAS, the provisions of this Ordinance are enacted for the purpose of preserving and protecting
the public peace, health, safety, welfare and property of the residents of Fayetteville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals §
72.02 Nonconsensual, Police-Initiated Towing, Storage and Impoundment Procedures of the
Fayetteville Code and enacts a new § 72.02 as shown in Exhibit A attached hereto.
Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby
determines that this ordinance should become effective without delay to address the growing problem of
vehicles obstructing fire lanes and fire protection systems, thereby creating significant hazards by
delaying emergency response and hindering fire suppression and rescue operations, which is necessary
for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council
hereby declares an emergency exists such that this ordinance shall become effective immediately upon
its passage and approval.
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
City of Fayetteville Staff Review Form
2026-3012
Item ID
10/6/2026
City Council Meeting Date - Agenda Item Only
N/A for Non-Agenda Item
Brad Hardin 9/1/2026 FIRE (300)
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff requests City Council approval to amend §72.02 Nonconsensual, Police-Initiated Towing, Storage and
Impoundment Procedures of the Fayetteville Code and enacts a new §72.02 as shown in Exhibit A attached and
approves an Emergency Clause.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item?No Total Amended Budget $-
Expenses (Actual+Encum)$-
Available Budget $-
Does item have a direct cost?No Item Cost $-
Is a Budget Amendment attached?No Budget Amendment $-
Remaining Budget $-
Purchase Order Number:Previous Ordinance or Resolution #Ordinance 72.02
Change Order Number:Approval Date:
Original Contract Number:
Comments:
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Exhibit A
Created: 2026-06-08 13:55:08 [EST]
(Supp. No. 41)
Page 1 of 2
72.02 Nonconsensual, Police-Initiated or Fire Marshal-Initiated Towing, Storage And
Impoundment Procedures
(A) In addition to ticketing an illegally parked vehicle or trailer, the Police Department is hereby authorized to
initiate a nonconsensual tow or otherwise remove a vehicle or trailer from a highway, highway right-of-way,
street, street right-of-way, constructed alley, trail, trail right-of-way, city parking lot or other city owned
property or right-of-way not authorized for parking, and have it towed to a storage facility within Fayetteville
or within 3 miles of the city limits under the following circumstances:
(1) When any vehicle is left unattended upon any bridge, viaduct or causeway or in any tunnel where such
vehicle constitutes an obstruction to traffic.
(2) When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person
in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable
to provide for its custody or removal.
(3) When any vehicle or trailer is parked or left unattended upon a city street, street right-of-way,
constructed alley, trail, or trail right-of-way and:
(a) Constitutes a hazard or obstruction to the normal movement of traffic or vehicles on the street,
constructed alley, or trail;
(b) Obstructs a driveway or access to a fire hydrant,
(c) Is parked in a prohibited area or tow away zone that is so designated by a sign or other official
markings; or
(d) Is parked continuously upon any street for more than seventy-two (72) hours.
(4) When any vehicle is parked beyond the period allowed in a city parking lot and the parking space is
needed for reserved parking or a special event or if parked more than twenty-four (24) continuous
hours beyond the period allowed. The Mayor or Mayor's designee may also order such illegally parked
vehicle in a city parking lot to be towed at the vehicle owner's expense.
(5) If a difficult to tow vehicle that cannot reasonably be towed by the property owner's normal towing
company needs to be removed from a private parking lot, the parking lot owner may request the police
department to initiate a nonconsensual tow. If the police officer agrees that the vehicle presents an
unusual and difficult towing situation and the property owner presents facts to support a substantial
need for the immediate removal of the vehicle, the police officer may initiate a nonconsensual tow
using the Police Department's normal towing company.
(B) Certified Fire Marshal personnel are also empowered to initiate a nonconsensual tow or otherwise remove a
vehicle or trailer from a highway, highway right-of-way, street, street right-of-way, constructed alley, trail,
trail right-of-way, city parking lot or other city owned property or right-of-way not authorized for parking,
and have it towed to a storage facility within Fayetteville or within 3 miles of the city limits under the same
circumstances set forth in subsection (A) above as well as when any vehicle is parked or located in violation
of the Arkansas Fire Prevention Code, or any fire protection ordinance of the city when such vehicle
obstructs a fire lane, fire apparatus access road, fire hydrant, Fire Department Connection (FDC), fire
protection system, or otherwise creates a hazard to emergency response operations or life safety.
(C) Whenever the Police Department or Fire Marshall removes a vehicle from a prohibited parking area under
this section and does know or is able to ascertain from the registration records in the vehicle the name and
address of the owner thereof, the Police Department or Fire Marshal shall immediately give or cause to be
given notice in writing to such owner of the fact of such removal and the reasons therefor and the place to
which such vehicle has been removed.
Docusign Envelope ID: 31DA20AA-33C2-80B3-8032-527BF76C6560
Exhibit A
Created: 2026-06-08 13:55:08 [EST]
(Supp. No. 41)
Page 2 of 2
(D) Whenever the Police Department or Fire Marshall moves a vehicle from a prohibited parking area under this
section and does not know and is not able to ascertain the name of the owner, or for any other reason is
unable to give the notice to the owner as hereinabove provided, and in the event the vehicle is not returned
to the owner within a period of three (3) days, written report of such removal shall be made to the state
department whose duty it is to register motor vehicles. Such notice shall include a complete description of
the vehicle, the date, time and place from which removed, the reasons for such removal, the name of the
garage or place where the vehicle is stored.
(E) The owner or lessee of any vehicle towed or impounded pursuant to this section is entitled to a prompt post-
deprivation hearing and all rights there under as provided in §72.58(L). The owner or lessee of any vehicle
properly towed pursuant to this section shall be required to pay the towing and storage costs.
(Code 1965, §19-140; Ord. No. 1447, 6-7-65; Ord. No. 2630, 5-6-80, Code 1991, §72.02; Ord. No. 4388, 4-16-02;
Ord. No. 5326, 6-1-10; Ord. No. 5843, §§1, 2, 1-19-16; Ord. No. 6619, §1, 10-18-22)
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