ORD NO 18-2009 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. I -2009
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CLTY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE PROHIBITING FUND RAISING OR
SOLICITATION OF DONATIONS WITHOUT A PERMIT ON
CITY STREETS OR RIGHT -OF -WAYS; IMPOSING FINES
FOR VIOLATIONS OF THIS ORDINANCE; DECLARING
AN EMERGENCY, AND FOR OTHER PURPOSES.
WHEREAS, conditions that are unsafe for drivers, passengers and pedestrians on the city streets
of Van Buren have been created by children and individuals doing fund- raising and
solicitation of donations on city streets or right of ways; and
WHEREAS, the City of Van Buren wishes to assure that only insured adults participate in such
inherently dangerous activities; and
WHEREAS, the Van Buren City Council finds that the nuisance and dangers posed byfimd-
raising and solicitation of donations on city streets or right of ways constitutes a
grave threat to the health, safety and welfare of the citizens of the City of Van Buren:
and
WHEREAS, the promulgation and adoption of this Ordinance is made pursuant to the City of Van
Buren's police power; and
WHEREAS, the City of Van Buren has found that the purposes herein require immediate
attention, for the protection of the health, welfare and safety of the inhabitants of the
City of Van Buren, and as herein set out, an emergency exists and is hereby declared
to exist, and this ordinance shall be and become effective immediately upon its
passage and adoption by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN, ARKANSAS:
SECTION I: The fund raising and solicitation of donations on city streets or right of ways without
a permit within the territorial jurisdiction of the City of Van Buren is prohibited.
SECTION 2: individuals, groups or organizations wishing to do fund- raising and solicitation of
donations on city streets or right of ways shall apply for a permit with the City of Van
Buren, at no costs, providing as follows:
a. an affirmation under oath that all participants that will
be on the street, or in the right -of -way, are 18 years of
age or older; and
b. an affirmation under oath that all proceeds are for a
not- for -profit purpose; and
c. a Certificate of Proof of Liability Insurance, showing
no less than $100,000.00 in accidental death or
disability coverage per occurrence; $100,000 in
medical coverage per occurrence; and $200 in
property damage or general liability coverage per
occurrence.
SECTION 3: Exceptions: Nothing herein is intended to prohibit non -profit groups, youth
organizations, or like associations or entities, from holding up signs for car washes,
cookie sales, etc., off the streets on public or private sidewalks, and /or on private
property.
SECTION 4: Enforcement: The provisions of this section shall be enforced by any police officer,
any code enforcement officer, and any other City official authorized to enforce any
provision of the Van Buren Code of Ordinances.
SECTION 5: Violation; Penalty: Any person or entity violating any provision of this section is
guilty of an infraction, and upon conviction therefore shall be subject to a fine or
penalty of not less that $50.00 nor more than $1,000.00, per occurrence.
SECTION 6: Emergency Clause. The Van Buren City Council has determined that an emergency
exists and that the immediate adoption and enforcement of this ordinance being
necessary for the public peace, health, safety and welfare, the provisions hereof shall
be in full force and effect from and after its passage.
SECTION 7: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section or any provision or part of a
provision herein, is declared to be unconstitutional, inappropriate, or invalid by any
court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of this Ordinance and to that extent the provisions hereto are declared to
be severable.
SECTION 8: All ordinances, resolutions or other acts of the City in conflict with the terms hereof
are repealed to the extent of any such conflict.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of to for and 0 against, the foregoing Ordinance at its Regular
Meeting held on the 21" day of September 2009.
,4 ...4�
Robert D. Fre
ATTESTED: APPROVED AS TO FORM:
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Barbie Curtis, City Clerk/Treasurer N. Doneld Jenkins, ty Attom