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ORD NO 28-1979 4. r. CITY OF VAN BUREN, ARKANSAS ORDINANCE NO48- 1979 AN ORDINANCE TO REGULATE TRAFFIC AND MAINTAIN ORDER IN AND AROUND PRIVATE BUSINESS PARKING LOTS, AND TO ALLOW THE OWNER TO CLOSE PRIVATE PARKING LOTS DURING NON- BUSINESS HOURS. BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARK- ANSAS THAT: SECTION 1: A private business parking lot, within the meaning of this Ordinance, shall be deemed to be any public business establishment where meals, sandwiches, ice cream, or other foods and drinks, are served directly to or permitted to be consumed by patrons of said establishment in automobiles, motorcycles or other vehicles parked on the premises of such establishment, or any other privately owned parking lot primarily used to permit parking for the patrons of the business or businesses adjacent thereto or church parking lots. SECTION 2: It shall be unlawful for any person while on or adjacent to the premises of a private business parking lot to accelerate the motor of any vehicle in any manner excessive of normal mechanical requirements (a practice commonly referred to as "racing a motor to cause a vehicle to suddenly accelerate or decelerate except as is necessary for the safe operation of the vehicle, or to make or cause to be made any loud sound or noise including the sounding of any type of vehicle horn or siren, un- necessary for the safe operation of the vehicle. SECTION 3: It shall be unlawful to consuune any intoxicating beverage, including beer, on the premises of any private business parking lots. SECTION 4: It shall be unlawful for any person to congregate with other persons on the permises of a private business parking lot in such numbers or while engaged in such disruptive conduct as to obstruct the free ingress and egress of customer pedestrian or vehicular traffic. SECTION 5: It shall be unlawful for any person to leave any unoccupied motor vehicle on any private business parking lot and to leave the premises thereof except with the knowledge and consent of the operator of the private business parking lots or adjacent businesses. SECTION 6: It shall be the duty of the owner of said private business parking lot to post on the premises in a conspicuous location one or more signs bearing the following legend: UNNECESSARILY CONGREGATING AND LINGERING OUTSIDE OF A MOTOR VEHICLE, IS UNLAWFUL. NO UNOCCUPIED VEEHCLF MAY BE LEFT ON THESE PREMISES WITHOUT THE CONSENT OF THE OWNER OR TENANTS OF PRIVATE BUSINESS PARKING LOTS. SECTION 7: Where the owner or tenant wishes the private business parking lot to be closed during non business hours, he shall post on the premises, in a conspicuous location, one or more signs bearing the follow ing information: THIS PRIVATELY OWNED PARKING LOT IS CLOSED DURING THE HOURS OF and If a owner or tenant wishes to allow vehicles on said parking lots during these hours, he should give them a parking permit which shall be posted on the car in a conspicuous place where the Police may see that this vehicle has a valid permit to park during said posted hours. SECTION 8: Any person found guilty of violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall be fined not more than $100.00 or imprisoned for not more than 30 days, or be given both such fine and imprisonment at the discretion of the Court. SECTION 9: Severability Should any portion of this Ordinance be un- constitutional or invalid and so declared by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected by such partial invalidity. SECTION 10: EMERGENCY CLAUSE It is hereby found and declared by the City Council of the City of Van Buren, Arkansas, that the safety and welfare of the inhabitants of the City of Van Buren are endangered by lack of adequate ax114-z114 regulations of motor vehicle traffic in and around drive -in restaurants'-in the City and t at the immediate passage of this act is necessary in order to adequately regulate said traffic. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety, shall take effect and be in full force from and after is passage. 0 PASSED AND APPROVED THIS 16th DAY OF July 19 79 r MAYS ATTESTED: 4 21./An..4 CITY CLERK- TREASURER