HomeMy WebLinkAboutOrdinance 5762113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5762
File Number: 2015-0171
AMEND §110.01 BILLPOSTING
AN ORDINANCE TO AMEND §110.01 BILLPOSTING
WHEREAS, the Eighth Circuit Court of Appeals has held that municipalities may not prohibit the
posting of bills, notices, advertisements or similar documents on vehicles when parked in street parking
spaces and the Fayetteville Code should be updated to comply with this ruling.
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 amends
§110.01 of the Fayetteville Code by repealing it in its entirety and enacting a replacement
§ 110.01 as shown below:
"110.01 Billposting
In order to prevent litter, protect the beauty of Fayetteville, and preserve private property
owners' rights, no bill, notice, advertisement or similar document may be posted, stuck,
painted, attached or allowed or caused to be posted, stuck, painted or attached to or upon:
(A) any utility or light pole, or government traffic, directional or other sign;
(B) any private property including a building, fence, wall, pole, sign or other structure
without first having obtained express permission from the owner of such property;
(C) any public property without first having obtained express permission of the public entity
which owns or controls such property;
Page 1
File Number.• 2015-0171
(D) any vehicle located on an off-street parking lot if the parking lot owner has installed a sign
prohibiting such bill posting."
PASSED and APPROVED on 4/7/2015
Page 2
Attest:
Sondra E. Smith, City Clerk Treasurer
City of Fayetteville, Arkansas 113 West Mountain Street
ti Fayetteville, AR 72701
(479) 575-8323
I
= Text File
File Number: 2015-0171
Agenda Date: 4/7/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 6
AMEND §110.01 BILLPOSTING
AN ORDINANCE TO AMEND §110.01 BILLPOSTING
WHEREAS, the Eighth Circuit Court of Appeals has held that municipalities may not prohibit the
posting of bills, notices, advertisements or similar documents on vehicles when parked in street parking
spaces and the Fayetteville Code should be updated to comply with this ruling.
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 amends §110.01 of the
Fayetteville Code by repealing it in its entirety and enacting a replacement § 110.01 as shown below:
"110.01 Billposting
In order to prevent litter, protect the beauty of Fayetteville, and preserve private property owners' rights,
no bill, notice, advertisement or similar document may be posted, stuck, painted, attached or allowed or
caused to be posted, stuck, painted or attached to or upon:
(A) any utility or light pole, or government traffic, directional or other sign;
(B) any private property including a building, fence, wall, pole, sign . or other structure without first
having obtained express permission from the owner of such property;
(C) any public property without first having obtained express permission of the public entity which
owns or controls such property;
(D) any vehicle located on an off-street parking lot if the parking lot owner has installed a sign
prohibiting such bill posting."
City of Fayetteville, Arkansas Page 1 If Printed on 9/30/2015
Legistar ID No.: .201 S-- ()(-I(
AGENDA REQUEST FORM
FOR: Council Meeting of April 7, 2015
FROM:
City Attorney Kit Williams
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND §110.01 BILLPOSTING
APPROVED FOR AGENDA:
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City A,#or ey Kit Williams
Jordan
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Don Marr, Chief of Staff
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41
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
THRU: Kit Williams, City Attorney
FROM: Blake Pennington, Assistant City Attorney --
DATE: March 18, 2015
RE: Proposed amendment to § 110.01 Billposting
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
The Eighth Circuit Court of Appeals has ruled that municipalities may not
prohibit the posting of bills, notices, advertisements or similar documents
on vehicles that are located on public rights of way, including public roads,
sidewalks and alleys. The current language in § 110.01 Billposting, which
was last amended in 1994, is quite broad and makes this type of activity
unlawful. While I am not aware of any instance in which a person has
actually been cited or prosecuted for posting bills on vehicles parked on the
street in Fayetteville, we should always ensure our City ordinances comply
with constitutional requirements.
The proposed amendment maintains the current prohibitions on posting
bills on utility and light poles (which is also prohibited by state law);
government traffic, directional or other signs; private or public property
without the express permission of the property owner; and vehicles located
on off-street parking lots, public or private, if the owner of the lot posts
notice that such conduct is not permitted. The amendment removes an
archaic reference to telegraph poles and removes the restriction on posting
bills on vehicles located on public rights of way.
ORDINANCE NO.
AN ORDINANCE TO AMEND § 110.01 BILLPOSTING
WHEREAS, the Eighth Circuit Court of Appeals has held that municipalities may not
prohibit the posting of bills, notices, advertisements or similar documents on vehicles located on
public property and the Fayetteville Code should be updated to comply with this ruling.
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 amends
§110.01 of the Fayetteville Code by repealing it in its entirety and enacting a replacement
§ 110.01 as shown below:
11110.01 Billposting
In order to prevent litter, protect the beauty of Fayetteville, and preserve private
property owners' rights, no bill, notice, advertisement or similar document may be
posted, stuck, painted, attached or allowed or caused to be posted, stuck, painted
or attached to or upon:
(A) any utility or light pole, or government traffic, directional or other sign;
(B) any private property including a building, fence, wall, pole, sign or other
structure without first having obtained express permission from the owner of such
property;
(C) any public property without first having obtained express permission of
the public entity which owns or controls such property;
(D) any vehicle located on an off-street parking lot if the parking lot owner has
installed a sign prohibiting such bill posting."
