HomeMy WebLinkAboutORDINANCE 5939113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5939
File Number: 2016-0609
STANDING OR WALKING ON A STATE OR FEDERAL HIGHWAY PROHIBITED:
AN ORDINANCE TO REPEAL § 74.04 HITCHHIKING PROHIBITED AND ENACTING A NEW §
74.04 STANDING OR WALKING ON A STATE OR FEDERAL HIGHWAY PROHIBITED AND
TO AMEND § 74.05 OF THE FAYETTEVILLE CODE TO CLARIFY PERMIT REQUIREMENTS FOR
ORGANIZATIONS AND INDIVIDUALS WHO WISH TO WALK OR STAND WITHIN A PRINCIPAL
ARTERIAL ROADWAY.
WHEREAS, § 74.04 Hitchhiking Prohibited is not needed in the Fayetteville Code as A.C.A. § 27-51-1205
Soliciting Rides is perfectly adequate and worded more clearly; and
WHEREAS, a replacement § 74.04 Standing or Walking On A State or Federal Highway Prohibited is
needed to protect the health, welfare and safety of Fayetteville pedestrians and drivers; and
WHEREAS, the safety measures for drivers and for persons within the roadway required by § 74.05 have
long effectively preserved the health, safety and welfare of Fayetteville citizens and any persons within
the roadway entering or standing within an arterial roadway for a charitable organization or otherwise; and
WHEREAS, these safety measures should be clarified to better conform with recent Federal Court
decisions and should also be applied to any individual who may wish to enter or remain within an
arterial roadway for the individual's own purposes.
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 § 74.04
Hitchhiking Prohibited and enacts a new § 74.04 Standing or Walking on a State or Federal Highway
Prohibited as shown below:
Page 1 Printed on 12121116
Ordinance: 5939
File Number: 2016-0609
"§ 74.04 Standing or Walking on a State or Federal Highway Prohibited
(A) Standing within the roadway of a state or federal highway including within any intersecting
roadway within 100 feet of the highway and within the roadway or shoulder of any on or off ramp of an
interstate highway is prohibited.
(B) Walking within the roadway of a state or federal highway, within any intersecting roadway within
100 feet of the highway and within the roadway of any on or off ramp of an interstate highway outside
a legally established crosswalk or trail crossing is prohibited.
(C) Police, firefighters, emergency personnel and other authorized and governmental maintenance
workers are exempt from this section while performing official duties."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 74.05 by repealing
the current § 74.05 and enacting a slightly amended replacement § 74.05 Standing or Walking Within
The Roadway of Principle Arterials Prohibited Unless Permit Granted as shown on Exhibit A.
PASSED and APPROVED on 12/20/2016
Attest:
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Sondra E. Smith, City Clerk I§Qsure `\
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Page 2 Printed on 12121116
EXHIBIT A
74.05 — Standing or Walking Within The Roadway of Principle Arterials Prohibited Unless Permit
Granted
(A) No person shall stand within or walk outside a legally established crosswalk or trail crossing into the
roadway of a principal arterial or principal arterial parkway with a speed limit of 35 mph or higher unless
a permit has first been obtained from the Parking Manager.
(B) (1) Charitable Organizations. The Parking Manager shall issue a permit to stand or walk within the
roadway of a principal arterial or principal arterial parkway to any charitable organization that is a valid
501 (c)(3) charitable organization under the Internal Revenue Code that has properly applied for and
complied with all requirements of this section. Proof of the valid 501 (c)(3) status must be provided to
the Parking Manager.
(2) Individuals. A permit shall also be issued to an individual who complies with all requirements of
(C) except the required liability coverage amount is reduced to $500.00 for an individual. Such permit
to be issued to an individual need not to comply with (D) except for the daily hours limitation and
location approval by the Chief of Police or (E), but the permitted individual must comply with all
requirements in (F) and (G) of this section. A permit issued to an individual may be valid for up to
seven (7) days. As opposed to a charitable organization's members or helpers, every individual not
covered by subsection (B) (1) must have applied and received his or her own permit pursuant to (B)
(2) to legally walk into or stand in a principal arterial roadway.
(C) Permit applications must also be accompanied by a fee of $25.00 and a certificate of insurance signed
by an agent authorized to bind coverage indicating that the applicant has obtained, at their sole
expense, insurance coverage:
(1) That is written by an insurance company with an A- or better rating and is admitted and licensed
to do business in the state;
(2) That is in full force and effect for the duration of the permit period;
(3) That provides $2,000,000.00 of liability coverage per occurrence with no deductible;
(4) That insures the applicant and all persons who will be soliciting;
(5) That names the city, its officers, employees and elected representatives as additional insureds;
and
(6) That is written on an occurrence basis
(D) Permits issued under this ordinance shall only be issued for the days of Friday and/or Saturday, and
for no hours other than those between 9:00 a.m. and one (1) hour before sunset. Only one (1) permit
shall be issued by the city for any particular day or two-day period. Permits may be issued to no
organization more than once per calendar year. Permits can be issued for a maximum of two (2)
separate locations under one (1) permit, but no permit shall be granted which allows entry within any
federal or state highway roadway. An additional permit will be issued if a scheduled event is rained
out. The locations must be approved by the Chief of Police. Permit application must be received by
the Parking Manager at least thirty (30) days and no more than one year prior to any date in which the
applicant is applying to walk or stand within the right of way of a public roadway.
(E) The city may only issue six total permits for charitable organizations per year on a first come basis.
(F) Any person who is seeking to stand or walk within a public roadway must be eighteen (18) years of
age or older and must wear a fluorescent orange visibility vest or shirt. No such permittee shall impede
traffic or make physical contact with any motor vehicle (such as tapping on the window or door).
(G) The organization or person obtaining a permit shall provide an about eight square foot sign at least 50
feet, but no more than 200 feet from the point where the permittee shall stand or walk into the roadway.
The sign must state the name of the organization or person which is standing within or walking into
Page 1
the roadway. The sign shall be on both sides of the street and placed so that it does not impede traffic.
These signs must be in place only during the period of time when the permittee is standing in or walking
into the roadway and must be removed during non -permit times. These temporary signs are exempt
from Chapter 174 of the Unified Development Code.
Page 2
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
lJ (479) 575-8323
^ F c?, '�
Text File
l l'
File Number: 2016-0609
Agenda Date: 12/20/2016 Version: 1 Status: Passed
In Control: City Council Meeting
Agenda Number: C 5
File Type: Ordinance
STANDING OR WALKING ON A STATE OR FEDERAL HIGHWAY PROHIBITED:
AN ORDINANCE TO REPEAL § 74.04 HITCHHIKING PROHIBITED AND ENACTING A NEW
§ 74.04 STANDING OR WALKING ON A STATE OR FEDERAL HIGHWAY PROHIBITED
AND TO AMEND § 74.05 OF THE FAYETTEVILLE CODE TO CLARIFY PERMIT
REQUIREMENTS FOR ORGANIZATIONS AND INDIVIDUALS WHO WISH TO WALK OR
STAND WITHIN A PRINCIPAL ARTERIAL ROADWAY
WHEREAS, § 74.04 Hitchhiking Prohibited is not needed in the Fayetteville Code as A.C.A. §
27-51-1205 Soliciting Rides is perfectly adequate and worded more clearly; and
WHEREAS, a replacement § 74.04 Standing or Walking On A State or Federal Highway
Prohibited is needed to protect the health, welfare and safety of Fayetteville pedestrians and drivers;
and
WHEREAS, the safety measures for drivers and for persons within the roadway required by § 74.05
have long effectively preserved the health, safety and welfare of Fayetteville citizens and any persons
within the roadway entering or standing within an arterial roadway for a charitable organization or
otherwise; and
WHEREAS, these safety measures should be clarified to better conform with recent Federal Court
decisions and should also be applied to any individual who may wish to enter or remain within an
arterial roadway for the individual's own purposes.
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 § 74.04
Hitchhiking Prohibited and enacts a new § 74.04 Standing or Walking on a State or Federal
Highway Prohibited as shown below:
"§ 74.04 Standing or Walking on a State or Federal Highway Prohibited
(A) Standing within the roadway of a state or federal highway including within any intersecting roadway
within 100 feet of the highway and within the roadway or shoulder of any on or off ramp of an interstate
highway is prohibited.
City of Fayetteville, Arkansas Page 1 Printed on 1212112016
File Number: 2016-0609
(B) Walking within the roadway of a state or federal highway, within any intersecting roadway within
100 feet of the highway and within the roadway of any on or off ramp of an interstate highway outside a
legally established crosswalk or trail crossing is prohibited.
(C) Police, firefighters, emergency personnel and other authorized and governmental maintenance
workers are exempt from this section while performing official duties."
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 74.05 by
repealing the current § 74.05 and enacting a slightly amended replacement § 74.05 Standing or
Walking Within The Roadway of Principle Arterials Prohibited Unless Permit Granted as shown
on Exhibit A.
City of Fayetteville, Arkansas Page 2 Printed on 1212112016
Legistar ID No..
AGENDA REQUEST FORM
FOR: Council Meeting of December 20, 2016
FROM:
City Attorney Kit Williams
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
e2o►4O- C)(,oi
AN ORDINANCE TO REPEAL § 74.04 HITCHHIKING PROHIBITED AND
ENACTING A NEW § 74.04 STANDING OR WALKING ON A STATE OR
FEDERAL HIGHWAY PROHIBITED AND TO AMEND § 74.05 OF THE
FAYETTEVILLE CODE TO CLARIFY PERMIT REQUIREMENTS FOR
ORGANIZATIONS AND INDIVIDUALS WHO WISH TO WALK OR STAND
WITHIN A PRINCIPAL ARTERIAL ROADWAY
APPROVED FO AGENDA:
City Attorney Kit Williams Date
oil
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Paul Becker, Finance Director
Chief Tabor
Peter Nierengarten, Sustainability & Resilience Director
FROM: Kit Williams, City Attorney �C
DATE: November 23, 2016
RE: Amendment of Solicitation Code Section
Kit Williams
City Attorney
Slake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
I have been working on revisions of the current § 74.05 Soliciting From
Public Roadways on Sidewalks Prohibited Unless Permit Granted for a couple
of months since recent Federal Court decisions have called into question its
constitutionality. After submitting the proposed revisions to the Administration
and Police Department, I now have received their approval for a final version
(attached) for consideration by the City Council.
Also attached is my memo to the Administration of November 8, 2016
outlining the need for changes to our existing Code (also attached) and what I am
now proposing for City Council consideration.
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
TO: Mayor Jordan Paralegal
Don Marr, Chief of Staff
Paul Becker, Finance Director
Chief Tabor
Peter Nierengarten, Sustainability & Resilience Director
FROM: Kit Williams, City Attorne
DATE: November 8, 2016
RE: Suggested amendments to § 74.04 and § 74.05 to more constitutionally
protect drivers and pedestrian safety on highways and principal arterials
The absolutist language of Justice Thomas in Reed v. Tozvn of Gilbert not only
required some changes in cities' sign ordinances, but has spilled over into
panhandling and solicitation regulations. Indeed, a decision finding a
panhandling ordinance valid in Norton v. City of Springdale, 806 F 3d. 411 (7th Cir.
2015) was later reversed in light of Reed. The same reversal occurred in the First
Circuit initial approval of a panhandling restrictive in Thayer v. City of Worcester,
733 F 3d. 60 (2014) which was later vacated by the Supreme Court,113 S. Ct. 2887
(2015).
The excellent paper submitted by attorneys Fox and Rosequist at the 2016
Annual Conference of International Municipal Lawyers Association described
what happened next:
"In light of Reed, the district court found the Aggressive Panhandling
Ordinance to be a content -based restriction on speech. It found the
ordinance regulating the use of traffic islands and roadways failed as
well because, although it was content -neutral, it was not sufficiently
tailored to meet the government's interest in public safety. The court
noted that post -Reed, 'municipalities must go back to the drafting
board' and, in doing so, 'define with particularity the threat to the
public safety they seek to address, and then enact laws that precisely
and narrowly restrict only that conduct which would constitute such
a threat."'
These unfortunate court decisions and the recommendations from the
paper's authors have guided my review of our current ordinances and my
proposed redrafting of our protections for motorists and pedestrians. The major
changes are:
1. Repeal of our current hitchhiking ordinance which is out of date and
overbroad. The state law, which may be constitutionally suspect after Reed, is still
far superior to our city ordinance.
2. I have removed all reference to solicitation in both § 74.04 and § 74.05. To
avoid the strict scrutiny test (almost impossible to pass), my proposals only
regulate conduct: standing or walking into the roadway of a highway or principal
arterial which is justified by substantial and valid safety considerations.
Solicitation of drivers, etc. is not a consideration or component of these
regulations. State law still bans solicitation on or near a highway A.C.A. § 5-67-
107. However, I do not recommend that our police arrest a person on the basis of
this questionable law.
3. By limiting its reach to principal arterials with a 35 mph or higher speed
limit (and intersecting streets within 100 feet of the arterial), I have attempted to
"narrowly tailor" the regulation to provide traffic safety.
4. I expanded the permit allowance from only nonprofit corporations able to
provide $2 million in insurance to individuals who must only provide $50,000.00
insurance (1/40th of the charity group's required insurance).
As you can see, the vast majority of city streets will not be protected which
helps us from a constitutional attack, but may need amendment if traffic safety is
impaired in other locations. Keep in mind that the broader the application of
regulations in this area, the more susceptible they are to attack.
2
EXHIBIT A
74.05 — Standing or Walking Within The Roadway of Principle Arterials Prohibited Unless Permit
Granted
(A) No person shall stand within or walk outside a legally established crosswalk or trail crossing into the
roadway of a principal arterial or principal arterial parkway with a speed limit of 35 mph or higher unless
a permit has first been obtained from the Parking Manager.
(B) (1) Charitable Organizations. The Parking Manager shall issue a permit to stand or walk within the
roadway of a principal arterial or principal arterial parkway to any charitable organization that is a valid
501 (c)(3) charitable organization under the Internal Revenue Code that has properly applied for and
complied with all requirements of this section. Proof of the valid 501 (c)(3) status must be provided to
the Parking Manager.
(2) Individuals. A permit shall also be issued to an individual who complies with all requirements of
(C) except the required liability coverage amount is reduced to $50,000.00 for an individual. Such
permit to be issued to an individual need not to comply with (D) except for the daily hours limitation
and location approval by the Chief of Police or (E), but the permitted individual must comply with all
requirements in (F) and (G) of this section. A permit issued to an individual may be valid for up to
seven (7) days. As opposed to a charitable organization's members or helpers, every individual not
covered by subsection (B) (1) must have applied and received his or her own permit pursuant to (B)
(2) to legally walk into or stand in a principal arterial roadway.
(C) Permit applications must also be accompanied by a fee of $25.00 and a certificate of insurance signed
by an agent authorized to bind coverage indicating that the applicant has obtained, at their sole
expense, insurance coverage:
(1) That is written by an insurance company with an A- or better rating and is admitted and licensed
to do business in the state;
(2) That is in full force and effect for the duration of the permit period;
(3) That provides $2,000,000.00 of liability coverage per occurrence with no deductible;
(4) That insures the applicant and all persons who will be soliciting;
(5) That names the city, its officers, employees and elected representatives as additional insureds;
and
(6) That is written on an occurrence basis.
(D) Permits issued under this ordinance shall only be issued for the days of Friday and/or Saturday, and
for no hours other than those between 9:00 a.m. and one (1) hour before sunset. Only one (1) permit
shall be issued by the city for any particular day or two-day period. Permits may be issued to no
organization more than once per calendar year. Permits can be issued for a maximum of two (2)
separate locations under one (1) permit, but no permit shall be granted which allows entry within any
federal or state highway roadway. An additional permit will be issued if a scheduled event is rained
out. The locations must be approved by the Chief of Police. Permit application must be received by
the Parking Manager at least thirty (30) days and no more than one year prior to any date in which the
applicant is applying to walk or stand within the right of way of a public roadway.
(E) The city may only issue six total permits for charitable organizations per year on a first come basis.
(F) Any person who is seeking to stand or walk within a public roadway must be eighteen (18) years of
age or older and must wear a fluorescent orange visibility vest or shirt. No such permittee shall impede
traffic or make physical contact with any motor vehicle (such as tapping on the window or door).
(G) The organization or person obtaining a permit shall provide an about eight square foot sign at least 50
feet, but no more than 200 feet from the point where the permittee shall stand or walk into the roadway.
The sign must state the name of the organization or person which is standing within or walking into
Page 1
the roadway. The sign shall be on both sides of the street and placed so that it does not impede traffic.
These signs must be in place only during the period of time when the permittee is standing in or walking
into the roadway and must be removed during non -permit times. These temporary signs are exempt
from Chapter 174 of the Unified Development Code.
Page 2
,eu ((C k* �-A w
74.04 FAYETTEVILLE CODE OF ORDINANCES
TITLE VII TRAFFIC CODE
74.04 Hitchhiking Prohibited
No person shall solicit a ride from the driver of any private vehicle.
(Code 1965, §19-250; Ord. No. 1447, 6-7-65; Code 1991, §74.04)
74.05 Soliciting From Public Roadways Or Sidewalks Prohibited Unless Permit Granted
(A) No person shall stand in a public roadway or upon a public sidewalk for the purpose of soliciting
a monetary contribution from any occupant of a motor vehicle, unless a permit has first been
obtained from the Parking Manager.
(B) The Parking Manager shall issue a permit to solicit contributions in the public roadway or
sidewalk to any charitable organization that is a valid 501 (c)(3) charitable organization under
the Internal Revenue Code. Proof of the valid 501 (c)(3) status shall be provided to the Parking
Manager.
(C) Permit applications must also be accompanied by a fee of $25.00 and a certificate of insurance
signed by an agent authorized to bind coverage indicating that the applicant has obtained, at
their sole expense, insurance coverage:
(1) That is written by an insurance company with an A- or better rating and is admitted and
licensed to do business in the state;
(2) That is in full force and effect for the duration of the permit period;
(3) That provides $2,000,000.00 of liability coverage per occurrence with no deductible;
(4) That insures the applicant and all persons who will be soliciting;
(5) That names the city, its officers, employees and elected representatives as additional
insureds; and
(6) That is written on an occurrence basis.
(D) Permits issued under this ordinance shall only be issued for the days of Friday and/or Saturday,
and for no hours other than those between 9:00 a.m. and one (1) hour before sunset. Only one
(1) permit shall be issued by the city for any particular day or two-day period. Permits may be
issued to no organization more than once per calendar year. Permits can be issued for a
maximum of two (2) separate locations under one (1) permit, but no permit shall be granted
which allows solicitation on any federal or state highway. An additional permit will be issued if
a scheduled event is rained out. The locations must be approved by the Chief of Police. Permit
application must be received by the Parking Manager at least thirty (30) days and no more than
one year prior to any date in which the applicant is applying to solicit in the roadway or sidewalk.
(E) The city may only issue six total permits per year on a first come basis.
(F) Any person who is soliciting contributions from a motor vehicle while in the roadway, must be
eighteen (18) years of age or older and must wear a fluorescent orange visibility vest or shirt.
No solicitor shall impede traffic or make physical contact with any motor vehicle (such as
tapping on the window or door).
CD74:2
FAYETTEVILLE CODE OF ORDINANCES 74.98
TITLE VII TRAFFIC CODE
(G) The organization obtaining a permit shall provide an about eight square foot sign at least 50
feet, but no more than 200 feet from the point of solicitation, which states the name of the
organization which is soliciting contributions. The sign shall be on both sides of the street and
placed so that it does not impede traffic. These signs must be in place only during active
solicitation and must be removed during non -permit times. These temporary signs are exempt
from Chapter 174 of the Unified Development Code.
(Code 1965, §19-250 1; Ord. No 2476, 10-17-78; Code 1991, §74 05; Ord. No. 4731, 7-19-05)
74.06 Blind Pedestrians
(A) All blind persons traveling along or across the streets of the city shall have the right-of-way over
all other traffic on such streets, except at street intersections where traffic lights are maintained.
To entitle such persons to the right-of-way, they shall carry a white cane with red tip, or a cane
the color of which is predominantly white, or light, or a cane constructed of aluminum or other
light-colored metal.
(B) All traffic on the streets shall yield the right-of-way to blind persons carrying a cane as
described in subsection (A) above, except at street intersections where traffic lights are
maintained. Anyone failing to yield the right-of-way to such blind pedestrians shall be guilty of
a misdemeanor and subject to a fine as set forth in §74.99.
(Code 1965, §19-251; Ord. No. 1447, 6-7-65; Code 1991, §74.06)
74.07 Duty Of Drivers To Exercise Care With Regard To Pedestrians
Notwithstanding the provisions of this chapter, every driver of a vehicle shall exercise due care to
avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn
when necessary and shall exercise proper precaution upon observing any child or any confused or
incapacitated person upon a roadway.
(Code 1965, §19-252; Ord. No. 1447, 6-7-65; Code 1991, §74.07)
74.08 Use Of Skates, Coasters And The Like; Clinging To Vehicles
(A) No person upon roller skates or riding in or by means of any coaster, toy vehicle or similar
device shall go upon any roadway except while crossing a street on a crosswalk and, when so
crossing, such person shall be granted all of the rights and shall be subject to all of the duties
applicable to pedestrians.
(B) No person riding upon any coaster, roller skates, sled or toy vehicle shall attach the same or
himself to any vehicle upon a roadway.
(Code 1965, §§19-18, 19-20; Ord. No. 1447, 6-7-65)
74.09-74.98 Reserved
74.99 Penalty
(A) Whoever violates any provision of this chapter for which no penalty is otherwise provided shall
be fined as set forth in §10.99.
CD74:3
NORTHWEST ARKANSAS
IrIlikk
Democrat Oazette
p C. y_.
AFFIDAVIT OF PUBLICATION
I Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of -
CITY OF FAYETTEVILLE
Ord. 5939
Was inserted in the Regular Edition on:
January 5, 2017
Publication Charges: $ 170.30
Karen Caler
Subscribed and sworn to before me
This & day of_�,2017.
Notary Public
My Commission Expires:��Z'z`�
[
CAl rii l i 1 l lJ
Arkansas S on Ccunly �
Notary Public . Cary`,in F 12397118 °
My Commission Expires ;s Feb 20, 2624
Y
**NOTE**
Please do not pay from Affidavit. RECEIVED
Invoice will be sent. JAN 18 2017
Cff Y ,1E
Ci rY urriCE
Ordinance: 5939
File Number: 2016-0609
STANDING OR WALKING ON A
STATE OR FEDERAL HIGHWAY
PROHIBITED:
AN ORDINANCE TO REPEAL § 74.04
HITCHHIKING PROHIBITED AND
ENACTING A NEW § 74.04
STANDING OR WALKING ON A
STATE OR FEDERAL HIGHWAY
PROHIBITED AND TO AMEND §
74.05 OF THE FAYETTEVILLE CODE
TO CLARIFY PERMIT
REQUIREMENTS FOR
ORGANIZATIONS AND
INDIVIDUALS WHO WISH TO
WALK OR STAND WITHIN A
PRINCIPAL ARTERIAL ROADWAY.
WHEREAS, § 74.04 Hitchhiking
Prohibited is not needed in the
Fayetteville Code as A.C.A. § 27-51-
1205 Soliciting Rides is perfectly
adequate and worded more clearly; and
WHEREAS, a replacement § 74.04
Standing or Walking On A State or
Federal Highway Prohibited is needed to
protect the health, welfare and safety of
Fayetteville pedestrians and drivers; and
WHEREAS, the safety measures for
drivers and for persons within the
roadway required by § 74.05 have long
effectively preserved the health, safety
and welfare of Fayetteville citizens and
any persons within the roadway entering
or standing within an arterial roadway for
a charitable organization or otherwise;
and
WHEREAS, these safety measures
should be clarified to better conform with
recent Federal Court decisions and
should also be applied to any individual
who may wish to enter or remain within
an arterial roadway for the individual's
own purposes.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS-
Section L That the City Council of the
City of Fayetteville, Arkansas hereby
repeals § 74.04 Hitchhiking Prohibited
and enacts a new § 74.04 Standing or
Walking on a State or Federal Highway
Prohibited as shown below:
"§ 74.04 Standing or Walking on a State
or Federal Highway Prohibited
(A) Standing within the roadway
of a state or federal highway including
within any intersecting roadway within
100 feet of the highway and within the
roadway or shoulder of any on or off
ramp ofan interstate highway is
prohibited.
(B) Walking within the roadway
of a state or federal highway, within any
intersecting roadway within 100 feet of
the highway and within the roadway of
any on or off ramp of an interstate
highway outside a legally established
crosswalk or trail crossing is prohibited.
(C) Police, firefighters,
emergency personnel and other
authorized and governmental
maintenance workers are exempt from
this section while performing official
duties."
Section 2. That the City Council of the
City of Fayetteville, Arkansas hereby
amends § 74.05 by repealing the current
§ 74.05 and enacting a slightly amended
replacement § 74.05 Standing or
Walking Within The Roadway of
Principle Arterials Prohibited Unless
Permit Granted as shown on Exhibit A.
PASSED and APPROVED on
12/20/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73983429 Jan. 5, 2017