ORD NO 03-2014 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 2014
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN
BUREN, ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE REPEALING ORDINANCE NO
18 -2009 AND DECLARING SOLICITATION OF
DONATIONS ON CITY STREETS OR RIGHT -OF-
WAYS TO BE PROHIBITED; IMPOSING FINES
FOR VIOLATIONS OF THIS ORDINANCE,
DECLARING AN EMERGENCY, AND FOR OTHER
PURPOSES:
WHEREAS, the City of Van Buren previously enacted Ordinance No. 18 -2009 which
provided for the regulation of fund raising or solicitation on city streets or
rights -of -ways; and
WHEREAS, the City Council of the City of Van Buren has determined since the
enactment of Ordinance No. 18 -2009 that having individuals on city
streets and right -of -ways creates a hazardous circumstance both to the
individual fund- raising or soliciting funds and to drivers on the road way
and that the nuisance and dangers posed by fund- raising and solicitation of
donations on city streets or rights -of -ways constitute 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
police powers of the City of Van Buren to ensure the health, safety and
welfare of the citizens of Van Buren; and
WHEREAS, the City Council of Van Buren has found that the purposes herein require
immediate attention to prevent injury and to protect the health, welfare and
safety of the inhabitants of the City of Van Buren, and, therefore, an
emergency is 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 1: Repeal of Conflicting Ordinances. That fund raising and solicitation of
donations on city streets or rights -of -ways within the City of Van Buren is
prohibited and Ordinance No. 18 -2009 is hereby repealed in its entirety.
All other ordinances, resolutions, or other act of the City in conflict with
the terms hereof are hereby repealed to the extent of any such conflict.
SECTION 2: Prohibited Conduct. That no person shall walk upon, extend any device
into or otherwise encroach upon any public right -of -way within the
corporate limits of the city for the purpose of soliciting a contribution,
offering a gift of any item or offering the sale of any item to any
pedestrian or occupant of any motor vehicle being operated on such public
right -of -way.
SECTION 3: Penalty. Any person or entity violating any provision of this section upon
conviction therefore, shall be subject to a fine or penalty of not less than
$50.00 and not more than $250.00 per occurrence.
SECTION 4: Allowed Conduct. Nothing herein is intended to prohibit non profit
groups, youth organizations, or like association or entities from holding up
signs for car washes, cookie sales, etc. off the streets or rights -of -ways on
public or private sidewalks, and /or on private property.
SECTION 5: Severability. 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 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.
IN WITNESS WHEROF, the City of Van Buren, Arkansas, by its City Council,
did pass, approve, and adopt, by a vote of for and 0 against, the foregoing
Ordinance at its regular meeting held on the 21 a f April 2014.
e.
Robert reeman 1111
Mayor
ATTESTED: APPR 1 ?j. S t4 1
T
Barbie Curtis Candice A Settle
City Clerk/Treasurer City Attorney