HomeMy WebLinkAboutORDINANCE 6222113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6222
File Number: 2019-0494
AMEND §97.066 HUNTING AND FIREARMS:
AN ORDINANCE TO AMEND §97.066 HUNTING AND FIREARMS OF THE PARKS AND
RECREATION CHAPTER OF THE FAYETTEVILLE CODE TO EXPRESSLY RECOGNIZE STATE
LAW EXCEPTIONS TO THE NO FIREARMS IN THE PARKS PROHIBITION
WHEREAS, the State Legislature has expressly overridden some portions of previous municipal
regulations prohibiting firearms in city parks by exempting certain permittees; and
WHEREAS, §97.066 Hunting and Firearms of the Fayetteville Code should be amended to conform with
state law.
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 §97.066 Hunting
and Firearms of the Fayetteville Code by placing all existing language in subsection (A) and enacting a
subsection (B) as follows:
"(B) Subsection (A) shall not be interpreted to prohibit the possession of firearms in City parks by on -duty
law enforcement officers or other persons if such prohibition would not be allowed by state law."
PASSED and APPROVED on 9/3/2019
Page 1 Printed on 914119
File Number: 2019-0494
Ordinance 6222
Attest:
Page 2 Printed on 914119
City Clerk Tree TRFq
Sondra E. Smith,
�.�� •'0A Y 0 •• sG'''.
FAYETTEVILLE .
•.
"I fllolllll0��```
Page 2 Printed on 914119
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0494
Agenda Date: 9/3/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 2
AMEND §97.066 HUNTING AND FIREARMS:
AN ORDINANCE TO AMEND §97.066 HUNTING AND FIREARMS OF THE PARKS AND
RECREATION CHAPTER OF THE FAYE77EVILLE CODE TO EXPRESSLY RECOGNIZE STATE
LAW EXCEPTIONS TO THE NO FIREARMS IN THE PARKS PROHIBITION
WHEREAS, the State Legislature has expressly overridden some portions of previous municipal regulations
prohibiting firearms in city parks by exempting certain permittees; and
WHEREAS, §97.066 Hunting and Firearms of the Fayetteville Code should be amended to conform with
state law.
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 §97.066 Hunting and
Firearms of the Fayetteville Code by placing all existing language in subsection (A) and enacting a subsection
(B) as follows:
"(B) Subsection (A) shall not be interpreted to prohibit the possession of firearms in City parks by on -duty law
enforcement officers or other persons if such prohibition would not be allowed by state law."
City of Fayetteville, Arkansas Paye 1 Printed on 91412019
City of Fayetteville Staff Review Form
2019-0494
Legistar File ID
9/3/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Byron Humphry 8/14/2019 PARKS & RECREATION (520)
Submitted By Submitted Date Division / Department
Action Recommendation:
City Council Resolution to Amend Chapter 97.066 of the Fayetteville City Ordinances to reflect state law with
regards to the right to carry a concealed handgun in a public park with a special concealed handgun permit.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance $ -
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
r4ff ARKANSAS
MEETING OF SEPTEMBER 3, 2019
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Kit Williams, City Attorney
Connie Edmonston, Parks and Recreation Director
FROM: Byron Humphry, Park Maintenance Superintendent
DATE: August 14, 2019
SUBJECT: Amend Chapter 97.066 of the City of Fayetteville Code of Ordinances to
reflect state law with regards to the right to carry a concealed handgun in a public park
with a special concealed handgun permit.
RECOMMENDATION:
Amend Chapter 97.066 of the City of Fayetteville Code of Ordinances to reflect state law with
regards to the right to carry a concealed handgun in a public park with a special concealed
handgun permit.
BACKGROUND:
For decades, the City of Fayetteville has prohibited firearms in City Parks under Chapter 97.066
of the City of Fayetteville Code of Ordinances.
"97.066 Hunting and Firearms — No person in a park shall hunt, trap or pursue wildlife at
any time; provided that the trapping of muskrats, beavers or other burrowing animals
may be permitted on city reservoirs and waterways upon approval of the Mayor for the
protection of earthen dams. No person except city police and Animal Control Officers
shall use, carry, or possess firearms of any description or air rifles, spring guns; slings,
traps, or other weapons or devices potentially inimical to wildlife or dangerous to human
safety. Bows and arrows will be permitted on archery ranges so designated and
supervised by the city."
DISCUSSION:
Recent discussion concerning whether open carry of firearms is allowed in parks has brought
attention to the fact that the State Legislature has taken away the City's power to ban concealed
handguns in city parks if carried by a person who has obtained the special concealed carry
permit.
While open carry of a firearm in a park (including trails) is still legally prohibited by 97.066, the
Code needs to be amended to comply with the concealed carry exception.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The following statement should be added to Chapter 97.066 of City Code:
"A.C.A. 5-73-322(h) allows a person with the special concealed carry permit authorized
by A.C.A. 5-73-322(g) to carry a concealed handgun in a city park."
BUDGET/STAFF IMPACT:
The amendment to the City Code has no budget impact.
Attachments:
City Attorney Memo date June 3, 2019
4
DEPARTMENTAL CORRESPONDENCE
OFFICE, OF THE
CITY ATTORNEY
TO: Mayor Jordan
CC:
FROM
DATE:
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Don Marr, Chief of Staff Paralegal
Chief Greg Tabor
Connie Edmonton, Director of Parks & Recreatio
Kit Williams, City Attorney
June 3, 2019
RE: Only Concealed Firearms Carried By A Person With A Special Concealed Carry
Permit Must be Allowed in Fayetteville City Parks
Arkansas State law has long allowed Fayetteville to prohibit firearms in our parks.
"(a)(1) Except as provided in § 5-73-322 and § 5-73-306, it is unlawful
for any person other than a law enforcement officer or a security guard in
the employ of the state or an agency of the state, or any city or county, or
any state or federal military personnel, to knowingly carry or possess a
loaded firearm or other deadly weapon in any publicly owned building or
facility or on the State Capitol grounds."
"(4) As used in this section, 'facility' means a municipally owned or
maintained park, football field, baseball field, soccer field, or another
similar municipally owned or maintained recreational structure or
property"
Act 562 of 2017 amending A.C.A. § 5-73-122 and 5-73-322,
Using its previous power the Fayetteville Council has for decades prohibited
firearms in our city parks.
"97.066 Hunting And Firearms
No person in a park shall hunt, trap or pursue wildlife at any time; provided
that the trapping of muskrats, beavers or other burrowing animals may be
permitted on city reservoirs and waterways upon approval of the Mayor
for the protection of earthen dams. No person except city police and
Animal Control Officers shall use, carry, or possess firearms of any
description or air rifles, spring guns, slings, traps, or other weapons or
devices potentially inimical to wildlife or dangerous to human safety. Bows
and arrows will be permitted on archery ranges so designated and
supervised by the city."
The Legislature took away the City's power to ban concealed handguns in city
parks if carried by a person who has obtained the special concealed carry permit
authorized by A.C.A.§ 5-73-322(8) when it enacted Act 562 of 2017 and which codified
new subsection (h) in A.C.A. § 5-73-322.
"(h) A licensee who completes a training course and obtains an
endorsement under subsection (g) of this section is exempted from the
prohibitions and restrictions on:
(1) Carrying a firearm in a publicly owned building or
facility under § 5-73-122, if the firearm is a concealed handgun." (emphasis
added)
Open carry of a firearm is still legally prohibited in our parks (including trails) by
§97.066 of the Fayetteville Code (which should still be amended as I suggested in my
August 2017 memo to comply with the concealed carry exception). I would add a final
sentence to that code section: "A.C.A. §5-73-322(h) allows a person with the special
concealed carry permit authorized by A.C.A. §5-73-322(8) to carry a'concealed handgun'
in a city park."
2
5-73-103
CRIMINAL OFFENSES
5-73-103. Possession of firearms by certain persons.
CASE NOTES
ANAtssis
Constructive Possession.
Evidence.
Preservation for Review.
Constructive Possession.
Motion for a directed verdict was prop.
erly denied because the State presented
sufficient evidence that defendant con-
structively possessed a firearm; although
there was joint occupancy of a vehicle, the
State presented other evidence linking
defendant to the gun. The gun was found
in the backseat, where defendant was the
sole passenger, the compartment where
the gun was found was immediately and
exclusively accessible to defendant, and
defendant behaved suspiciously before
and during the traffic stop. Lambert v
State, 2017 Ark. 31, 509 S.W.3d 637
(2017).
92
Evidence.
Circuit court did not err in denying
defendant's motions for directed verdict
because there was sufficient evidence to
find that defendant, a convicted felon,
possessed a firearm; the testimony of two
witnesses indicated that defendant
brought a gun to a residence where the
victim used it to shoot himself. McCor-
mick v. State, 2016 Ark. App. 330 (2016).
Preservation for Review.
Defendant did not challenge the suffi.
ciency of the evidence concerning his con-
viction under this section in his motion for
dismissal as required, and thus his argu-
ment was not preserved for review and his
conviction was affirmed. Oliver v State,
2016 Ark. App. 332, 496 S-W.3d 320
(2016).
Cited; Mosley v State, 2016 Ark. App.
353, 499 S.W.3d 226 (2016).
5-73-107. Possession of a defaced firearm.
(a) A person commits the offense of possession of a defaced firearm if
he or she knowingly possesses a firearm with a manufacturer's serial
number or other identification mark required by law that has been
removed, defaced, marred, altered, or destroyed.
(b) It is a defense to a prosecution under this section that;
(1) The person reported the possession to the police or other govern-
mental agency prior to arrest or the issuance of an arrest warrant or
summons; or
(2) The firearm was manufactured prior to January 1, 1968.
(c)(1) Possession of a defaced firearm is a Class D felony.
(2) However, possession of a defaced firearm is a Class A misde-
meanor if the manufacturer's serial number or other identification
mark required by law is merely covered or obstructed, but still retriev-
able.
History. Acts 1975, No. 280, § 3107;
A.S.A. 1947, § 41-3107; Acts 1995, No.
1202, § 1; 2017, No. 73, § 1.
Amendments. The 2017 amendment
redesignated part of former (b) as (b)(1);
and added (b)(2).
5-73-122. Carrying a firearm in publicly owned buildings or
facilities.
(a)(1) Except as provided in § 5-73-322, § 5-73-306(5), § 16-21-147,
and this section, it is unlawful for any person other than a law
enforcement officer or a security guard in the employ of the state or an
Rsl
agency of the state, or,
Personnel, to knowing
deadly weapon in any 1
Capitol grounds.
(2) It is unlawful for
or a security guard in 1
or any city or county,
knowingly carry or poi
the State Capitol Buil
Rock.
(3) However, this su
possessing a firearm
building or facility or c
(A) For the purpoi
practice under the at
owned building or fa
(B) If necessary tc
tional course conduct
on the State Capitol
(C)(i) If the persa
under § 5-73-301 et
or her motor vehicle
locked and unatten
maintained parking i
(ii)(a) As used in t
designated area or sl
parking of motor vehi
school.
(b) "Parking lot" d(
or otherwise control
Department of Comn
(D) If the person h�
a concealed carry enc
not:
(i) A courtroom 01
conducted by a state
§ 5-73-306(6);
(ii) A public school
public prekindergarte
ted under subdivision
(iii) A facility oper
Department of Comm
(iv) A posted firear
ment of Arkansas Sta
(a) The Arkansas s
(b) The University
(c) A collegiate ath]
(E) If the person ha
§ 5-73-301 et seq., is
92
93 WEAPONS 5-73-122
i persons.
agency of the state, or any city or county, or any state or federal military
personnel, to knowingly carry or possess a loaded firearm or other
deadly weapon in any publicly owned building or facility or on the State
Capitol grounds.
zrt did not err in denying
(2) It is unlawful for any person other than a law enforcement officer
notions for directed verdict
or a security guard in the employ of the state or an agency of the state,
e was sufficient evidence to
Pendant, a convicted felon,
or any city or county, or any state or federal military personnel, to
knowingly carry or possess a firearm, whether loaded or unloaded, in
irearm; the testimony of two
ndicated that
the State Capitol Building or the Arkansas Justice Building in Little
defendant
Rock.
in to a residence where the
it to shoot himself. McCoy-
(3) However, this subsection does not apply to a person carrying or
2016 Ark. App. 330 (2016).
possessing a firearm or other deadl weapon in a
Y p publicly owned
building or facility or on the State Capitol grounds:
n for
did not Review
Menge the suffi-
(A) For the purpose of participating in a shooting match or target
evidence concerning his con-
practice under the auspices of the agency responsible for the publicly
this section in his motion for
owned building or facility or State Capitol grounds;
-squired, and thus his ergo-
(B) If necessary to participate in a trade show, exhibit, or educa-
preserved for review and his
tional course conducted in the publicly owned building or facility or
is affirmed. Oliver v. State,
on the State Capitol grounds;
PP. 332, 498 S.W.3d 320
(C)(i) If the person has a license to carry a concealed handgun
3ley v. State, 2016 Ark. App.
under § 5-73-301 et seq. and is carrying a concealed handgun in his
3d 226 (2016).
or her motor vehicle or has left the concealed handgun in his or her
locked and unattended motor vehicle in a publicly owned and
maintained parking lot.
i of a defaced firearm if
(ii)(a) As used in this subdivision (a)(3)(C), "parking lot" ineans a
area or structure or part of a structure
L manufacturer's serial
by law that has been
r the
parking of motor vehicles or a designated drop-off zone for childed ren at
school.
section that:
(b) "Parking lot" does not include a parking lot owned, maintained,
or otherwise controlled by the Department of Correction the
police or other govern-
or
Department of Community Correction;
f an arrest warrant or
(D) If the person has completed the required training and received
inuary 1, 1968.
a concealed carry endorsement under § 5-73-322(8) and the place is
ss D felony.
1 is a Class A misde-
not:
(i) A courtroom or the location of an administrative hearing
conducted by a state agency, except as permitted by § 5-73-306(5)
)r other identification
or
§ 5-73-306(6);
acted, but still retriev-
(ii) A public school kindergarten through grade twelve (K-12), a
public prekindergarten, or a public daycare facility, except as permit-
ts. The 20amendment
ted under subdivision (a)(3)(C) of this section;
.art of former (b) as (b)(1>;
21.
(iii) A facility operated by the Department of Correction or the
Department of Community Correction; or
(iv) A posted firearm -sensitive area, as approved by the Depart-
►wned buildings or
ment of Arkansas State Police under § 5-73-325, located at:
(a) The Arkansas State Hospital;
3-306(5), § 16-21-147,
(b) The University of Arkansas for Medical Sciences; or
)n other than a law
(c) A collegiate athletic event; or
(E) If the person has a license to carry a concealed handgun under
ploy of the state or an
§ 5-73-301 et seq., is a justice of the Supreme Court or a judge on the
5-73-315 CRIMINAL OFFENSES
"described in § 5-73-311 (a)(2)" in (c).
522 523
5.73-315. Authority to carry concealed handgun — Identifica.
tion of licensee.
(a) Any licensee possessing a valid license issued pursuant to this
subchapter may carry a concealed handgun.
(b) The licensee shall:
(1) Carry the license, or an electronic copy of the license in a. -
acceptable electronic format, together with valid identification, at an-.
time when the licensee is carrying a concealed handgun; and
(2) Display both the license, or an electronic copy of the license in a: -
acceptable electronic format, and proper identification upon demand 'r
a law enforcement officer.
(c) The presentment of proof of a license to carry a conceal --
handgun in electronic form does not:
(1) Authorize a search of any other content of an electronic deN-.
without a search warrant or probable cause; or
(2) Expand or restrict the authority of a law enforcement officer -
conduct a search or investigation.
History. Acts 1995, No. 411, § 2; 1995,
No. 419, § 2; 2007, No. 827, § 102; 2013,
No. 419, § 2.
Amendments. The 2013 amendment
5-73-316. Fees.
added "or an electronic copy of the lic
in an acceptable electronic forma;'
(b)(1) and (b)(2); and added (c).
Any fee collected by the Department of Arkansas State Palmae
pursuant to this subchapter shall be deposited into the Department of
Arkansas State Police Fund.
History. Acts 1995, No. 411, § 2; 1995,
No. 419, § 2.
5-73-317. Rules and regulations.
The Director of the Department of Arkansas State Police :_
promulgate rules and regulations to permit the efficient administr_. .
of this subchapter.
History. Acts 1995, No. 411, § 8; 1995,
No. 419, § 8.
5-73-318. Instructor review of applications.
(a) An instructor authorized to conduct a training course requir.
this subchapter shall check the application of a student for comb:-%,,-
ness, accuracy, and legibility.
,)m
0
(b)
of thi:
revok
Hist
5-73-3
(a) .
livens(
apply
followi
(1) '
(2)
(3)
(4) 7
check;
(5) P.
obtain
(b) A
period (
all Ark
conceal
Histor
No. 664, 11
U. Ark.
Legislatio:
5.73-32(
(a) Th
_ander th
(1) Is
noncomrr
of the Ur
United Si
(2) Sul
(A) 1
scribed
(B) A
State P
(C) A
handgw
ment;
5-73-322 CRIMINAL OFFENSES 102
103
5-73-322. Concealed handguns in a university, college, or com-
college under thi:
munity college buildings.
location in which
(a)(1) As used in this section, "public university, public college, or
is being conducts
community college" means an institution that:
disciplinary proce
(A) Regularly receives budgetary support from the state govern-
college, or commu
ment;
(A) At least t
(B) Is part of the University of Arkansas or Arkansas State
of the official m
University systems; or
(B) Notice is
(C) Is required to report to the Arkansas Higher Education Coor-
location in whici
dinating Board.
Sion of a conce
(2) "Public university, public college, or community college" includes
prohibited durin:
without limitation a public technical institute.
(C) The area
(3) "Public university, public college, or community college" does not
is no larger than.
include a private university or private college solely because:
meeting.
(A) Students attending the private university or private college
(2) A person �•: -.
receive state -supported scholarships; or
upon conviction:;
The private university or private college voluntarily reports to
(B)
(A) A �•ioIatic.
the Arkansas Higher Education Coordinating Board.
one hundred do::
(b) A licensee who has completed the training required under sub-
(B) A Class C
section (g) of this section may possess a concealed handgun in the
buildings and on the grounds of a public university, public college, or
(f) This section d
handgun in his
community college, whether owned or leased by the public university,
or
(9)(1) A licenser
public college, or community college, unless otherwise prohibited by
buildings and on t;
this section or § 5-73-306.
(c)(1) A licensee may possess a concealed handgun in the buildings
community college
by the Director
and on the grounds of a private university or private college unless
oz ;
(2)(A) Trainin,, r
otherwise prohibited by this section or § 5-73-306 if the private
(i) Not be reqs
university or private college does not adopt a policy expressly disallow-
(ii) Consist of
ing the carrying of a concealed handgun in the buildings and on the
(iii) Be offered
grounds of the private university or private college.
training courses;
(2)(A) A private university or private college that adopts a policy
(iv) Cost no ml
expressly disallowing the carrying of a concealed handgun in the
(B) The Direct,
buildings and on the grounds of the private university or private
waive up to four (
college shall post notices as described in § 5-73-306(18).
for a licensee bas
(B) A private university or private college that adopts a policy only
ten (10) years of
allowing carrying of a concealed handgun under this section shall
subdivision (g)(3)
post notices as described in § 5-73-306(18) and subdivision (c)(2)(C)
(3) A licensee wh,
of this section.
shall be given a co
(C) If a private university or private college permits carrying a
Arkansas State Pe
concealed handgun under this section, the private university or
handgun that the pi
private college may revise any sign or notice required to be posted
handgun in the bui
under § 5-73-306(18) to indicate that carrying a concealed handgun
public college, or co:
under this section is permitted.
(h) A licensee wh
(d) The storage of a handgun in a university or college -operated
cealed carry endors
student dormitory or residence hall is prohibited under § 5-73-119(c).
empted from the pr(
(e)(1) Alicensee who may carry a concealed handgun in the buildings
(1) Carrying a firs
and on the grounds of a public university, public college, or community
§ 5-73-122, if the fir
ENSES
102 103 WEAPONS
universit 5-73-322
y, college, or con,- college under this section may not carry a concealed handgun into a
e university, public college, or
location in which an official meeting lasting no more than nine (9) hours
n that: P is being conducted in accordance with documented grievance and
disciplinary
upport from the state govern- college, or community college i
es as collgablished by the public university, public
cone, y b
Arkansas or (A) At least twenty-four(24) hours' notice is given to participants
Arkansas State of the official meeting;
msas Higher Education Coor-(B) Notice is posted on the door of or each entryway into the
location in which the official meeting is being conducted that posses-
' communit sion of a concealed handgun by a licensee under this section is
itute. Y college" includes prohibited during the official meeting; and
Community college" does not is (C) The area of a building prohibited under this subdivision (e)(1)
!lege solely because: no larger than necessary to complete the grievance or disciplinary
universit meeting.
3' or private college (2) Aperson who knowingly violates subdivision (e)(1) of this section
college voluntarily reports to upon conviction is guilty of:
eating Board. (A) A violation for a first offense and subject to a fine not exceeding
raining o one hundred dollars ($100); and
requiredunder sub- (B) A Class C misdemeanor for a second or subsequent offense.
concealed hand
rniversity, publiclle the (f) This section does not affect a licensee's ability to store a concealed
g or handgun in his or her vehicle under § 5-73-306(13)(B)(v).
ed by the public university, (g)(1) A licensee who intends to carry a concealed handgun in the
ass otherwise prohibited by buildings and on the grounds of a public university, public college, oi-
1 handgun in the buildingscommunity college is required to complete a training course approved
Y or by the Director of the Department of Arkansas State Police.
private college unless
§ 5 -?3-306 if t(2)(A) Training required under this subsection shall:
he
3 policy 06 if t private (i) Not be required to be renewed;
t (ii) Consist of a course of up to eight (8) hours;
the buildings and on the
college. (iii) Be offered by all training instructors and at all concealed carry
liege that adopts atraining courses; and
°nCealed hand policy (iv) Cost no more than a nominal amount,
pane un handgun in the (B) The Director of the Department of Arkansas State Police may
5 -?3 -weer ity or private waive up to four (4) hours of training required under this subsection
5-73-306(18)e that adopts . for a licensee based on the licensee's prior training attended within
policy only ten (10) years of applying for the endorsement provided for under
under this section shall ti
section n
and subdivision (c)(2)(C) subdivision (g)(3) of thisappropriate topics.
(3) A licensee who completes a training course under this subsection
liege permits car shall be given a concealed carry endorsement by the Department of
re private university oa Arkansas State Police on his or her license to carry a concealed
ce required n e handgun that the person is permitted to possess and carry a concealed
handgun in the buildings and on the grounds of a public university,
ung a concealed handgun
public college, or community college.
city or college -operated (h) A licensee who completes a training course and obtains a con-
ed under
gun coaled carry endorsement rider subsection (g) of this section is ex -
,and § 5-?3-1empted from the prohibitions and restrictions on:
is college,, the builddinging or community s (1 I Carrt-ing a firearm in a publicly owned building or facility under
§ 5-73-122. if the firearm is a concealed handgun; and
RECEIVED
OCT 0 3 2019
citomc4lr
NORTHWESTARKANSAS
VemocratV,oazette
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager for 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. 6222
Was inserted in the Regular Edition on:
September 12, 2019
Publication Charges: $ 81.90
Cathy Sta 91— 137
Subscribed and sworn to before me
This 3aday o , 2019.
Notary Public !�/��
My Commission�xpires: 0
CATHY WILES
LArkansas - Benton County
Notary Public - Comm# 1 239711Sj
Commission Expires Feb 20, 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6222
File Number: 2019-0494
AMEND §97.066 HUNTING AND
FIREARMS:
AN ORDINANCE TO AMEND §97.066
HUNTING AND FIREARMS OF THE
PARKS AND RECREATION CHAPTER OF
THE FAYETTEVILLE CODE TO
EXPRESSLY RECOGNIZE STATE LAW
EXCEPTIONS TO THE NO FIREARMS IN
THE PARKS PROHIBITION
WHEREAS, the State Legislature has
expressly overridden some portions of
previous municipal regulations prohibiting
firearms in city parks by exempting certain
permittees; and
WHEREAS, §97.066 Hunting and Firearms of
the Fayetteville Code should be amended to
conform with state law.
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 §97.066
Hunting and Firearms of the Fayetteville Code
by placing all existing language in subsection
(A) and enacting a subsection (B) as follows:
"(B) Subsection (A) shall not be interpreted to
prohibit the possession of firearms in City
parks by on -duty law enforcement officers or
other persons if such prohibition would not be
allowed by state law."
PASSED and APPROVED on 9/3/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
75077805 Sept. 12, 2019