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Home My WebLink AboutORDINANCE 5940113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5940 File Number: 2016-0671 REPEAL § 97.083 & AMEND § 97.086 Added at the December 20, 2016 City Council meeting: AN ORDINANCE TO REPEAL § 97.083 SOLICITING ALMS AND TO AMEND § 97.086 VENDING AND PEDDLING (A) OF THE FAYETTEVILLE CODE WHEREAS, recent Federal Courts have invalidated many state and local restrictions upon begging and soliciting funds as a supposed violation of the First Amendment's Freedom of Speech. 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 § 97.083 Soliciting Alms of the Fayetteville Code. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 97.086 Vending and Peddling (A) by repealing it in its entirety and enacting a replacement (A) as shown below: "A. General Prohibition of Selling in City Parks. No person or business shall within a city park sell anything." PASSED and APPROVED on 12/20/2016 Page 1 Printed on 12/22/16 Ordinance: 5940 File Number 2016-0671 Approved: L.ioneld Jordan, Mayc Attest: ' "&� � -, S", �- Sondra E. Smith, City Clerk Treasurer �rAYfTLVlf!' `rf�l�/ I j1 11 141►►� � 1*yam Page 2 Printed on 92/22/16 City of Fayetteville, Arkansas r Text File File Number: 2016-0671 Agenda Date: 12/20/2016 In Control: City Council Meeting Version: 1 Added at the December 20, 2016 City Council meeting 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Status: Passed File Type: Ordinance AN ORDINANCE TO REPEAL § 97.083 SOLICITING ALMS AND TO AMEND § 97.086 VENDING AND PEDDLING (A) OF THE FAYETTEVILLE CODE WHEREAS, recent Federal Courts have invalidated many state and local restrictions upon begging and soliciting funds as a supposed violation of the First Amendment's Freedom of Speech. 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 § 97.083 Soliciting Alms of the Fayetteville Code. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 97.086 Vending and Peddling (A) by repealing it in its entirety and enacting a replacement (A) as shown below: "A. General Prohibition of Selling in City Parks. No person or business shall within a city park sell anything." City of Fayetteville, Arkansas Page 1 Printed on 1212212016 Legistar ID No.: AGENDA REQUEST FORM 2016-0671 Added at the December 20, 2016 FOR: Council Meeting of January3,-2$17 City Council meeting FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO REPEAL § 97.083 SOLICITING ALMS AND TO AMEND § 97.086 VENDING AND PEDDLING (A) OF THE FAYETTEVILLE CODE APPROVED FOR AGENDA: City Attorney Kit Williams Date Be OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council CC: Don Marr, Chief of Staff Paul Becker, Finance Director Connie Edmonston, Parks & Recreation Director FROM: Kit Williams, City Attorney' -- DATE: December 20, 2016 RE: Repeal of § 97.083 Soliciting Alms Amendment of § 97.086 Vending and Peddling Kit Williams City Attorney Blake Pennington Assistant City Attorney Patti Mulford Paralegal ACLU of Arkansas recently won a g 1983 Civil Rights case in Federal Court to invalidate the State's anti -begging law (part of the Loitering statute). Many other Federal Courts have invalidated other anti -begging laws as supposed violations of Free Speech. I understand that the ACLU is combing through city codes to challenge any begging restrictions. I have already presented revised code sections to remove all "soliciting' regulations related to highways and city streets. I also need to request you repeal § 97.083 Soliciting Alms "No person in a park shall solicit alms or contributions for any purpose whether public or private." This has been in the Fayetteville Code since 1965, but now offends the United States Supreme Court's absolutist interpretations of Freedom of Speech and thus must be repealed before we get sued. I also recommend we amend § 97.086 Vending and Peddling to rewrite its General Prohibitions to remove all speech references such as "offer for sale" from it. The broad restrictions in our current code section made sense in an attempt to keep such commercialism out of our public parks, but are now liabilities to the enforceability of the code section. Thus, I recommend we simply prohibit the commercial action of exchanging money for something to move as far as possible from the regulation of speech. NORTHWEST .ARKANSAS Democrat azette .i L..L. .<.V� .... -ai <. ..!L ., u,t:.! „�. ; .,� . It > > ,...,, u �`• 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. 5940 Was inserted in the Regular Edition on: January 5, 2017 Publication Charges: $ 75.40 Karen aler Subscribed and sworn to before me This & day of,),,,,,, 2017. Oz�a'W ��& Notary Public My Commission Expires: Zf ZU z' f (,a a CAT11Y W!LES r Arkansas - Lcunt�) 1, Notary Pul,,.0', G 1239 r i i 8 P 1 N1 Comnuon `,,giros Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED JAN 18 2017 CITY ; EV C E E CiIYCL ;:�GFFiC Ordinance: 5940 File Number: 2016-0671 REPEAL § 97.083 & AMEND § 97.086 Added at the December 20, 2016 City Council meeting: AN ORDINANCE TO REPEAL § 97.083 SOLICITING ALMS AND TO AMEND § 97.086 VENDING AND PEDDLING (A) OF THE FAYETTEVILLE CODE. WHEREAS, recent Federal Courts have invalidated many state and local restrictions upon begging and soliciting funds as a supposed violation of the First Amendment's Freedom of Speech. 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 § 97.083 Soliciting Alms of the Fayetteville Code. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 97.086 Vending and Peddling (A) by repealing it in its entirety and enacting a replacement (A) as shown below: "A. General Prohibition of Selling in City Parks. No person or business shall within a city park sell anything." PASSED and APPROVED on 12/20/2016 Approved: Lioneld Jordan, Mayor Attest: Sondra E" Smith, City Clerk Treasurer 73983453 Jan. 5, 2017