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07 Public Peace, Safety and Morals S-34 TITLE 7 PUBLIC PEACE, SAFETY AND MORALS Chapters: 7.04 State Criminal Statutes and Penalties 7.08 Curfew 7.12 Loitering 7.16 Prohibited Weapons 7.20 Claims against City 7.24 Storage and Handling of Volatile Combustibles 7.28 Outside Fire Service 7.32 Unlawful Burning 7.36 Fireworks 7.40 Disorderly Housing 7.44 Obscenity 7.48 Firearms 7.52 Tobacco Products in Field of Dreams 7.56 Skateboarding and Rollerblading 7.60 Tree City USA 7.64 Emergency Services C) 7.68 Signs 7.72 Sexually Oriented Businesses 7.76 Arkansas Forestry Commission 7.80 Water Management 7.84 Novelty Lighters 7.86 Private Club 7.88 Prohibition of the Possession of Nicotine by Minors CHAPTER 7.04 STATE CRIMINAL STATUTES AND PENALTIES Sections: F 7.04.01 State criminal statutes adopted 7.04.02 State penalties adopted 1 7.04.01 State criminal statutes adopted A. Each and every act, matter or thing which the laws of the state of Arkansas make misdemeanors or violations is hereby prohibited within the corporate limits of the city, and made unlawful under this ordinance. 94 S-17 B. The criminal laws of the state of Arkansas, as now existing and as hereafter may be provided, insofar as same may make any act, matter or thing a misdemeanor or violation, are hereby adopted and incorporated into the Criminal Code of the ordinances of the city. STATE LAW REFERENCE-A.C.A. 14-55-501; Hdbk. 5-2.10 7.04.02 State penalties adopted Each and every person who shall, within the corporate limits of the city, violate any of the provisions of the laws into this ordinance incorporated and adopted shall on conviction thereof be punished by fine or imprisonment, or both, as the case may be, together with the costs of the proceeding of not less than the minimum nor more than the maximum penalty as prescribed by the corresponding State Law in such cases make and provide; which penalty shall be enforced in the manner now prescribed by the law for the enforcement and collection of fines, forfeitures and penalties. STATE LAW REFERENCE-A.C.A. 14-55-502; Hdbk. 5-2.11 CHAPTER 7.08 CURFEW Sections: 7.08.01 Civil emergencies 7.08.02 Congregating during state of emergency 7.08.03 Penalty 7.08.04 Juvenile curfew 7.08.01 Civil emergencies The mayor, any time a condition has arisen or is imminent which in his judgment constitutes a civil disturbance, riot, insurrection or time of local disaster, may declare a state of emergency and impose a curfew for such time and for such areas as he deems necessary to meet such emergency. Provided, however, such curfew shall not extend for over a period of forty-eight (48) hours unless extended by a majority vote of the members of the governing body. 7.08.02 Congregating during state of emergency No person shall congregate, operate any businesses or be upon the streets or other public ways, unless on official business for the city or state, in any area or areas designated by the mayor as curfew areas in the city during the time of any declared emergency. 95 7.08.03 Penalty Any person violating any of the provisions of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not to exceed Five Hundred ($500.00) Dollars or confinement in jail for not more than one (1) year, or both. 7.08.04 Juvenile curfew It shall be unlawful for any person under the age of 18 years to be, or to remain in or upon any of the streets, alleys or public places in the city of Van Buren, Arkansas, between the hours of 10:30 p.m. and 6:00 a.m. Sunday through Thursday nights and between the hours of 12:30 a.m. through 6:00 a.m. Friday and Saturday nights, unless such person is accompanied by a parent, guardian, or other adult person responsible for or having legal custody of such minor person; or such minor's gainful employment makes it necessary for such minor to be upon said streets, alleys or other public places after the said specified hours; or on a bona fide emergency enTand sanctioned by the parent, guardian or other adult responsible for or having legal custody of the said minor (Ord. No. 92 -12, Sec. 1.) CHAPTER 7.12 LOITERING Sections: 7.12.01 Illegal 7.12.02 Definitions 7.12.03 Penalty 7.12.01 Illegal It shall be unlawful for any person to loiter upon the sidewalks, streets, highways, alleys or other public places within the city. 7.12.02 Definitions A person commits the offense of loitering if he: A. lingers, remains, or prowls in a public place or the premises of another without apparent reason and under circumstances that warrant alarm or concern for the safety of person or property in the vicinity, and upon inquiry by a law enforcement officer, refuses to identify himself and give a reasonably credible account of his presence and purpose; or B. lingers, remains, or prowls in or near a school building, not having any reason or relationship involving custody of or responsibility for a student, and not having written permission from anyone authorized to grant the same; or C. lingers or remains in a public place or on the premises of another for the purpose of begging; or 96 D. lingers or remains in a public place for the purpose of unlawfully gambling; or E. lingers or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual activity; or F. lingers or remains in a public place for the purpose of unlawfully buying, distributing, or using a controlled substance; or G. lingers or remains on or about the premises of another for the purpose of spying upon or invading the privacy of another. Among the circumstances that may be considered in determining whether a person is loitering are that the person: A. takes flight upon the appearance of a law enforcement officer; or B. refuses to identify himself; or C. manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances make it impracticable, a law enforcement officer shall, prior to an arrest for an offense under subsection 1(a) of this section, afford the actor an opportunity to dispel any alarm that would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. It shall be a defense to a prosecution under subsection 1(a) that the law enforcement officer did not afford the defendant an opportunity to identify himself and explain his presence and conduct, or if it appears at trial that an explanation given by the defendant to the officer was true, and if believed by the officer at that time, would have dispelled the alarm. STATE LAW REFERENCE -see A.C.A. 14 -139 -107. 7.12.03 Penalty As set out in A.C.A. 5 -71 -213, loitering is a Class C misdemeanor punishable by a maximum fine of One Hundred ($100.00) Dollars. CHAPTER 7.16 PROHIBITED WEAPONS Sections: 7.1 6.01 Unlawful to carry, exchange 97 7.16.01 Unlawful to carry. exchange It shall be unlawful for any person to carry any knife, the blade of which is over three inches in length, or to carry any instrument commonly called a crabapple switch, dirk, dagger, pick or any other dangerous or deadly weapon within the city, and it shall further be unlawful for any firm or corporation to sell, barter, exchange or otherwise dispose of such knives, crabapple switches, dirks, daggers or picks, or instruments to be used for a weapon within the corporate limits of the city. CHAPTER 7.20 CLAIMS AGAINST CITY Sections: 7.20.01 Liability insurance 7.20.02 Settlement of claims 7.20.01 Liability insurance The city shall carry liability insurance on all its motor vehicles in the minimum amounts prescribed in the Motor Vehicle Safety Responsibility Act. (A.C.A. 27 -19 -203, et seq.) STATE LAW REFERENCE -see A.C.A. 21 -9 -303; Hdbk. 8 -5.3 7.20.02 Settlement of claims All persons having claims against the city may file them with the Clerk/Treasurer. The Clerk/Treasurer shall present them to the council. The council may grant a hearing for the claimant and may authorize a settlement. STATE LAW REFERENCE -see A.C.A. 21 -9 -302; Hdbk. 8 -5.2 CHAPTER 7.24 STORAGE AND HANDLING OF VOLATILE COMBUSTIBLES Sections: 7.24.01 Restriction on keeping 7.24.02 Volatiles never to be allowed to pass into drainage system 7.24.03 Penalty 7.24.01 Restriction on keeping. Gasoline, naphtha, benzine, and other like volatile combustible or their compounds in excess of a total of five (5) gallons, exclusive of that in tanks of automobiles, in combustion engines, or in approved portable wheeled tanks in public garages 98 each not exceeding sixty (60) gallons capacity, shall not be kept within any building. Such total of five (5) gallons or less shall be kept only in cans approved by the Chief of the Fire Department. Any quantity in excess of five (5) gallons shall be kept only in a tank or tanks placed not Tess than two (2) feet beneath the surface of the ground or in an outside tank or tanks above ground and approved by the Chief of the Fire Department located not less than fifty (50) feet from the line of any adjoining property which may be built upon. The tank or tanks shall be adequately and properly diked with a dike having capacity not Less than equal in volume to that of the tank or tanks surrounded. No underground tanks shall be placed, constructed or maintained under a street, public sidewalk or in a sidewalk area. 7.24.02 Volatiles never to be allowed to pass into drainage system In no instance shall gasoline, naphtha, benzine and other like volatile combustibles or their compounds be allowed to run upon the floor or fall or pass into the drainage system of the premises. Self-closing metal cans shall be used for all oily waste or waste oils. 7.24.03 Penalty Any person who shall violate or fail to comply with any provision of this chapter, or who shall violate or fail to comply with any order or regulation, shall upon conviction, be punished by a fine not exceeding One Hundred Dollars (S100.00). The imposition of one (1) penalty for violation of this chapter shall not excuse the violator or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and each day that any prohibited condition is maintained shall constitute a separate offense. The application of said penalty shall not be held to prevent the enforced removal of any prohibited condition as provided by this chapter. CHAPTER 7.28 OUTSIDE FIRE SERVICE Sections: 7.28.01 Authority to dispatch 7.28.02 Restrictions 7.28.03 Cost of aid without mutual aid agreement 7.28.04 Mutual aid agreement 7.28.05 Payment of'money collected 7.28.01 Authority to dispatch No Fire Department apparatus shall be taken beyond the corporate limits of the city to assist of any fire or for any other purpose, except by order of the mayor or lire chief or such other person as they may designate, and subject to the restrictions and conditions hereinafter set forth. 7.28.02 Restrictions The Mayor or Fire Chief or such other person as they may designate are authorized, in their discretion, to aid in the extinguishing of fires in another city, (or town), 99 public institutions, corporation, or other properties within a reasonable distance from the city or on property immediately adjacent to the city in which there is a possibility of fire spreading within the corporate limits, under the following conditions: A. A request from a city or incorporated town for assistance must come only from the mayor, fire chief or such other personas may be designated by mutual agreement. B. Calls may be responded to only by such apparatus which in the judgment of the mayor or fire chief or such other person as they may designate can be safely sent without unduly impairing the fire protection within the city, and when highways and weather conditions are favorable. C. The city, incorporated town, public institution, corporation, or individual requesting assistance must pay the charge for apparatus and service hereinafter provided unless there exists a mutual aid agreement. D. The city, incorporated town, public institution, corporation or individual must compensate the city for any loss or damage to such apparatus while answering such call, and be responsible to the members of the Fire Department of the city for any injuries suffered or incurred by them while responding to such calls and while working at such fire, unless otherwise covered by insurance. STATE LAW REFERENCE -see A.C.A. 14 -53 -101, et seq; 7.28.03 Cost of aid without mutual aid agreement Unless there exists a mutual aid agreement, every municipality, institution, corporation or individual requesting and receiving service of the Fire Department of the city, shall pay for such service and the use of apparatus as follows: Pumper $50.00, within 2 miles of station; $5.00 additional for each mile or fraction Thereof. Each person, city, firm or corporation receiving service of the Fire Department, unless there exists a mutual aid agreement, shall pay to the city for each fire driver a suns representing Three Dollars ($3.00) per hour or part thereof from the time the apparatus leaves the fire house until it returns thereto, and as to each fireman helping at the fire, a sum representing Three Dollars ($3.00) per hour or part thereof, from the time he reports until the time his service ends. The payments herein stipulated shall be made to the City Treasurer within fifteen (15) days after demand. 7.28.04 Mutual aid agreement The Mayor and Chief of the Fire Department, are hereby authorized to enter into mutual aid agreements, w ith other municipalities, firms, corporations or individuals, for the rendering of fire service, subject to the following conditions: 100 A. That the parties with whom such mutual aid agreements are entered into shall agree to indemnify the city against any or all loss, cost and damage which it may suffer or sustain by reason of damage to any apparatus arising from any cause whatsoever while such apparatus is going to or from the scene of the fire or while at the scene of the fire. The duty to indemnify shall be performed within fifteen (15) days after demand. 13. As to each fire driver injured while driving to or from the fire, or while at the scene of the fire, and as to each fireman helping at the fire, injured between the time he reports to the foreman of his company and the time his service ends, the person entering into such mutual aid agreements shall pay within fifteen (15) days after demand to the city a sum sufficient to cover the medical and hospital expenses by such injured driver or fireman. 7.28.05 Payment of money collected Money collected under the teens of Section 1.28.03 of this chapter shall be paid to the respective fire drivers and firemen as to whorl such collections were made, and in proportion to the amount of time applicable to them respectively. CHAPTER 7.32 UNLAWFUL BURNING Sections: 7.32.01 Restrictions 7.32.02 Violations 7.32.03 Penalty 7.32.04 Mayor's proclamation 7.32.05 Period 7.32.06 Penalty 7.32.01 Restrictions It shall be unlawful for any person to burn any garbage, rubbish or solid waste in any area of the city named "Residential" in the Zoning Ordinance of the city of Van Buren, Arkansas, except under the following conditions: A. It shall be the duty of the person burning to control, at all tines. 13. That said burning be done in a boiler, furnace, incinerator or refuse burner constructed with a screen wire as a spark arrester. C. Leaves, brush and tree limbs may be burned upon the ground provided there is no wind and provided said fire is not closer than Twenty -Five (25) feet from a structure, and provided no one burns in the street or upon any city right -of -way. 10l D. That all burning shall be supervised by a responsible person, or persons, who will either have a fire extinguisher or water hose with which to extinguish said boiler, furnace, incinerator or refuse burner and in the immediate vicinity of the burning of leaves, brush or tree limbs. E. That all burning take place during the daylight hours. (Ord. No. 76 -43, Sec. 1) 7.32.02 Violations That failure to contain any fire is a violation of this ordinance and if the Fire Department is called upon to extinguish the fire, it is prima facie evidence that said fire was not contained; however, the foregoing provisions shall not be considered as limiting the introduction of other competent evidence bearing upon the question of "Controlled Burning" as set out in Section 7.32.01 hereof. (Ord. No. 76 -43, Sec. 2) 7.32.03 Penalty Any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than Fifty Dollars ($50.00) and not more than One Hundred Dollars ($100.00). (Ord. No. 76 -43, Sec. 3) 7.32.04 Mayor's proclamation The Mayor is hereby authorized to, from time to time when weather conditions warrant, upon conferring with the Fire Chief, to declare by Proclamation that citizens may not burn garbage, rubbish or solid waste within the city of Van Buren, Arkansas, unless in boiler, furnace or incinerator meeting the specifications of the Arkansas Fire Prevention Code. (Ord. No. 85 -12 Sec. 1) ge 7.32.05 Period That said Proclamation shall be for a period of up to sixty (60) days. That nothing shall prohibit the consecutive issuance of such proclamations. (Ord. No. 85 -12, Sec. 2) 7.32.06 Penalty That during said periods it shall be a misdemeanor to violate the terms hereof and shall be punishable by fine not to exceed One Hundred Dollars ($100.00). (Ord. No. 85 -12, Sec. 3) CHAPTER 7.36 FIREWORKS Sections: 7.36.01 Unlawful to sell 7.36.02 Unlawful to shoot 7.36.03 Authorized sales 7.36.04 Penalty 7.36.01 Unlawful to sell That it shall be unlawful and constitute a misdemeanor for any person, firm or corporation within the city of Van Buren, Arkansas, to sell, offer for sale, expose 102 for sale, any firecrackers, torpedoes, rockets, roman candles, aerial salutes, bombs or other fireworks or explosives of any kind, the use of which creates or produces any explosion or noise. 7.36.02 Unlawful to shoot It shall be unlawful and constitute a misdemeanor for any person to shoot, fire off, or explode in any manner or by any device in the shooting, firing, or exploding of any fireworks or high explosives, either on a private or public place, within the city of Van Buren, Arkansas. 7.36.03 Authorized sales That nothing contained herein shall prohibit the sale to or the use of any of the things hcreinabove described by any fair association, amusement park, civic or political organization, or group of individuals who have obtained a permit from the City Council of the city of Van Buren, Arkansas, for pyrotechnic displays, providing said display of fireworks is conducted under the supervision of the Fire or Police Department of said city; and nothing contained herein shall prohibit the sale or offering for sale of firearms or ammunition therefore. 7.36.04 Penalty That any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00) for each offense, and each day that such fireworks or explosives are offered for sale shall constitute a separate offense. CHAPTER 7.40 DISORDERLY HOUSING Sections: 7.40.01 Misdemeanor 7.40.02 Evidence 7.40.01 Misdemeanor Hereafter every person that keeps a house of ill fame, a bawdy house, a disorderly house or any house used for the purpose of assignation or lewdness or any person who willfully resides in, or resorts to such house is guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding Five Hundred Dollars ($500.00) or imprisoned in the county jail not to exceed six (6) months or by both said fine and imprisonment. (Ord. No. 79 -30, Sec. I) 7.40.02 Evidence In all prosecutions or proceedings for keeping, residing in or resorting to such houses of ill repute, bawdy houses, disorderly house or any house used for the purpose of assignation or lewdness, common report may be received as competent evidence of the character of the house, the purpose for which it is being used or kept and the character of the persons inhabiting or resorting to it. (Ord. No. 79 -30, Sec. II) 103 CHAPTER 7.44 OBSCENITY Sections: 7.44.01 Purpose 7.44.02 Local standards 7.44.03 Offense defined 7.44.04 Definitions 7.44.01 Purpose The purpose of this is to comply with the most recent ruling of the United States Supreme Court in its discussion on obscenity, to establish local standards and to define objectionable obscene materials. (Ord. No. 18-73, Sec. 1) 7.44.02 Local standards The people of the city of Van Buren do not approve of public exhibition of, or sale of, explicit sexual material as defined herein below nor of the acts therein listed and defined, other than the relationship of husband and wife in their private relationship. (Ord. No. 18-73, Sec. 2) 7.44.03 Offense defined A person is guilty of a misdemeanor if he or she, (a) disseminates explicit sexual materials, as hereinafter defined, (b) displays explicit sexual material for sale or(c)places explicit sexual material upon public display.(Ord.No. 18-73, Sec. 3) 7.44.04 Definitions For the purpose of this ordinance: Explicit sexual materials means any pictorial or three dimensional material depicting human sexual intercourse,masturbation, sodomy(i.e. bestiality, or oral or anal intercourse) direct physical stimulation of unclothed genitals, flagellation or torture in the contact of a sexual relationship, or emphasizing nude the depiction of adult human body or bodies or private parts, provided,however,that works of art or of anthroporized significance or material presented in a program of education in a church, school or college shall not be deemed to be within the foregoing definition. Disseminate means to sell, lease or exhibit commercially and, in the case of an exhibition,to sell an admission ticket or pass, or to admit persons who have bought such a ticket or pass to the premises whereon an exhibition is presented. Display for sale in an area to which the public have access means display of material for sale so that a person may see portions of the material constituting explicit sexual pictorial material. Material is placed upon public display if it is placed on or in a billboard, viewing screen, theater marquee, newsstand, display rack, window, showcase, display case or similar place so that matter within the definition of"explicit sexual material" is easily visible from a public thoroughfare or from the property of others. (Ord. No. 18-73, Sec. 4) 104 S-26 CHAPTER 7.48 FIREARMS Sections: 7.48.01 Unlawful to discharge firearm 7.48.02 Fine 7.48.03 Indoor firing ranges 7.48.01 Unlawful to discharge firearm Within the city limits of the city of Van Buren, Arkansas, it shall be unlawful for any person to discharge any firearm, air gun, or B-B gun, except in a regularly established shooting gallery; or to use a bow and arrow, crossbow or any similar device, or instrument which expels or releases a projectile;provided that this section shall not prohibit any officer of the law from discharging a firearm in the performance of his or her duty; nor to any citizen from discharging a firearm when lawfully defending person or property. (Ord.No. 25-91, Sec. 1.) 7.48.02 Fine Any person violating this ordinance shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than Twenty-Five Dollars ($25.00)nor more than One Hundred Dollars ($100.00) for each offense. (Ord.No. 25-91, Sec. 2.) 7.48.03 Indoor firing ranges All conditional use permits issued for an indoor firing range shall be subject to the following conditions: A. Sound level measurements shall be made ten(10) feet from outside the exterior wall of the building with a calibrated sound level meter Type II or better using the A-weighted scale in conformance with the existing standards promulgated by the American National Standards Institution. B. The noise level from outside the exterior wall of a firing range shall not exceed eighty(80) decibels. The Building Inspector or his/her designated representative shall inspect and review the operation of the facility six(6)months after the facility opens for business. Any cost for the inspection shall be born by the owner/operator of the range. The purpose of the inspection shall be to ensure that no additional sound-proofing measures are necessary. If problems are found to exist(exceeding eighty(80) decibels) from the outside of the exterior wall of the firing range,then the Inspector may impose additional noise abatement measures on the applicant which are necessary to reduce the decibel level below eighty(80) decibels. 104.1 S-26 CHAPTER 7.52 TOBACCO PRODUCTS IN FIELD OF DREAMS Sections: 7.52.01 Use of tobacco products 7.52.01 Use of tobacco products A. Pursuant to the police powers of the city of Van Buren,the use of tobacco products within the Field of Dreams is hereby prohibited. B. Each violation of this ordinance will subject the violator to a fine not to exceed $25.00 per violation. (Ord.No. 7-2000, Secs. 1-2.) CHAPTER 7.56 SKATEBOARDING AND ROLLERBLADING Sections: 7.56.01 Skateboarding and rollerblading 7.56.01 Skateboarding and rollerblading A. Pursuant to the police powers of the city of Van Buren, skateboarding and rollerblading are hereby prohibited on Main Street and in Blanche Moore Memorial Park. B. Each violation of this ordinance will subject the violator to a fine not exceeding $100.00 per violation. (Ord. No. 7-2000, Secs. 1-2.) 105 5 -21 CHAPTER 7.60 TREE CITY USA Sections: 7.60.01 Purpose 7.60.02 Definitions 7.60.03 Administration 7.60.04 Conflicts in regulation 7.60.01 Purpose It is the purpose of this ordinance to promote and protect the public health, safety, and general welfare by providing for the development of a Community Forestry Plan to address the planting, maintenance and removal of public trees within the city of Van Buren in order to promote the benefits of our community forest resources. (Ord. No. 2003 -1, Sec. 1.) 7.60.02 Definitions Public trees. Trees on public grounds including street rights -of -way, alleys, parks, medians, substations, treatment plants, plazas, squares, public buildings and any other area designated for public use. Tree. Any self supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normally attaining a trunk diameter greater than three inches at DB1-1 and a height of over ten feet. (Ord. No. 2003 -1. Sec. 2.) 7.60.03 Administration The Tree City USA Board shall be promoting the responsible planting of trees on public and private property, public education about trees, promotion of proper maintenance of trees, advocating trees within the city and developing innovative and joint funding for projects from a variety of sources. A. The Tree City USA Board shall consist of five (5) members who shall be appointed through the regular boards and committees appointment procedure. (Ord. No. 2008 -29, Sec. 1.) B. 'terms of membership on the Tree City USA Board shall be for a period of two (2) years, however, three of the initial membership teens shall be for a period of one (1) year so as to provide for staggered membership terms. Should a member be unwilling or unable to serve the full membership teen, the vacancy shall be filled, for the unexpired term by, standard appointment procedure. 106 S-17 C. Tree City USA Board members shall serve without compensation. D. Tree City USA 13oard shall hold regular meetings three (3) times a year and may call special meetings if necessary to carry out its duties. C. it shall be the responsibility of the Tree City USA Board to study, investigate, consult develop, update amrually, and administer a written plan for the care, preservation, pruning, planting or removal of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Council and upon their acceptance and approval shall constitute the official comprehensive tree management plan. F. The Board will investigate available grants, loans or contributions from other governmental, agencies, public or private corporations or individuals. (Ord. No. 2003 -1, Sec. 3.) 7.60.04 Conflicts in regulation A. Where a conflict arises between this chapter and another ordinance, the more stringent requirement shall apply. B. The provisions of this ordinance are declared separable, and if any provision shall for any reason be held illegal, or invalid, it shall not affect the validity of the remainder of the ordinance. (Ord. No. 2003 -1, Sec. 4.) CHAPTER 7.64 EMERGENCY SERVICES Sections: 7.64.01 Contracts 7.64.01 Contracts The City Council hereby authorizes the Mayor to enter into any contracts for whatever amounts the Mayor deems necessary in order to effectuate the clean -up of the devastated area and to help alleviate the health and safety hazards and concerns which existed and currently exist; and further hereby ratifies any such contracts which have already been executed and become effective. (Ord. No. 2001 -1, Sec. 1.) 107 S-26 CHAPTER 7.68 SIGNS Sections: 7.68.01 Purpose 7.68.02 Definitions and interpretations 7.68.03 Signs allowed in all Zoning Districts without a permit 7.68.04 Signs allowed in public rights-of-way without a permit 7.68.05 Prohibited signs 7.68.06 Administration of sign permits 7.68.07 Signs allowed with sign permits 7.68.08 General requirements for signs 7.68.09 Non-conforming signs 7.68.10 General provisions 7.68.01 Purpose The Mayor and Council of the city of Van Buren are enacting this ordinance to ensure that non-commercial messages are authorized with restriction only as to the size of such signage and to establish reasonable regulations for signage containing commercial messages. The Mayor and Council find that signs provide an important medium through which individuals may convey a variety of non-commercial and commercial messages. However, left completely unregulated, signs can become a threat to public safety as a traffic hazard and detriment to property values and the city's overall public welfare as an aesthetic nuisance. By enacting this amendment,the Mayor and Council intend to: A. Balance the rights of individuals to convey their messages through signs and the right of the public to be protected against the unrestricted proliferation of signs; B. Protect the public health, safety, and welfare; C. Reduce traffic and pedestrian hazards; D. Maintain the historical image of the city; E. Protect property values by minimizing the possible adverse effects and visual blight caused by signs; F. Promote economic development; and G. Ensure the fair and consistent enforcement of sign regulations. (Ord.No. 11-2001, Sec. 1.) 7.68.02 Defmitions and interpretations Any words, lettering,parts of letters,figures, numerals,phrases, sentences, emblems, devices, structures, designs,trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm an association, a corporation, a profession, a business, or a commodity or products, which are visible fiom any public street or adjacent property and used to attract attention. This definition 108 S-26 includes the structure or the face on which a sign message is displayed. For the purposes of this ordinance,this definition shall not include"trade dress" i.e.: architectural features identified with a product or business, as a sign. Signs, including various kinds of signs are further defined in the Signs section of this ordinance. Awning sign A sign which is a part of a fabric or other non-structural awning. Back to back sign A single structure with two parallel and directly opposite outdoor advertising signs with their faces oriented in opposite directions. Banner A sign made of a lightweight fabric or similar material, which is either mounted permanently or in such a way as to allow movement caused by the atmosphere. Canopy sign A sign which is painted, affixed, or otherwise displayed on a permanent porch or cover other than an awning which may be attached to a building or supported by columns extending to the ground such as at fuel station islands. Changeable copy sign Any sign where letters or numbers displayed on the sign can be changed periodically on the sign to display different messages. Construction sign A sign which identifies architects, engineers, contractors and other individuals or firms involved with construction on the premises,the name of the building or development,the intended purpose of the building, and/or the expected completion date. Digital billboard An off-site sign utilizing digital message technology, capable of changing the static message or copy on the sign electronically. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only, and shall not have animation, movement, or the appearance, or optical illusion of movement, of any part of the sign structure. Each static message shall not include flashing or the varying of light intensity. (Ord. No. 2-2014, Sec. 1, 2.0) Door sign A sign, which is attached to,painted on or etched onto or into a door. A sign in a window, which is part of a door, is a door sign for the purposes of this section. Freestanding sign A sign, which is not attached to a building and permanently, attached to the ground by one or more supports. There are two (2)types of freestanding signs: A. Low stature freestanding signs (ground or monument signs) - freestanding signs in which the distance from the ground to the highest point of the sign is five (5) feet or less. B. High stature freestanding signs -freestanding signs in which the distance from the ground to the highest point of the sign is more than five (5)feet. 109 S -17 Historical or memorial marker A sign or tablet attached to a building, indicating the date of construction and /or the names of the building or the principals involved in its construction. Also an attached sign on bona fide historic buildings. Incidental sign an on- premise sign giving information or direction for the convenience and necessity of the public such as "entrance," "exit," "no admittance," "telephone," "parking," etc. Nlarquee sign A sign used to identify a theater or a sing projection over the entrance to a theater. Maximum sign area The aggregate square footage of sign area on a lot or building. For lots fronting on more than one street, the maximum sign area shall be the allowable sign area for each street frontage. Maximum allowable sign area may not be transferred from one street frontage to another. Non commercial sign A sign which is not an on- premise or off-premise sign and which carries no message, statement, or expression related to the commercial interests of the sign owner, lessee, author or other person responsible for the sign message. Non commercial signs include but are not limited to: signs expressing political views, religious views or signs of non- profit organizations related to their tax exempt purposes. Obsolete sign A sign relating to or identifying a business or activity which has not been conducted on the premises for six (6) months, or to a transpired election or event, or to a political party or non -profit organization that no longer exists; in addition, the structure for a sign that is not allowed under this ordinance if such structure cannot be used for a legal use or does not comply with the height, size, or other physical requirements of the ordinance, or a sign which has missing or broken panels, broken or damaged supports or frame, or otherwise displays inadequate maintenance, dilapidation, obsolescence or abandonment. Off premise sign, off -site sign, or billboard A permanent sign which directs attention to a business, commodity, service or entertainment not conducted, sold or offered on the premises where the sign is located, or which business, commodity, service or entertainment forms only minor or incidental activity upon the premises where the sign is displayed. These product oriented signs shall be considered on- premises signs if they comply with on- premise sign requirements. Portable signs are excluded from this definition. On- premise sign or on -site sign A sign, which advertises or directs attention to a business, commodity, or service conducted, offered, or sold on the premises, or directs attention to the business or activity conducted on the premises. 109.1 S -17 Portable sign Any sign not permanently attached to the ground or other permanent structure, including but not limited to signs with attached wheels and those converted to A or T- frame structure. Projecting sign A sign forming an angle with a building which extends from the building and is supported by the building. Public sign A sign erected by or on behalf of a governmental body to post a legal notice, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic. Roof sign A sign, which is higher than the roof to which it is attached. Signs attached to the lower slope of a roof or attached to a parapet wall above a flat roof are considered wall signs. Signs on mansard or canopy roofs are considered wall signs. Real estate sign A sign advertising the premises for sale, rent or lease. Side -by -side sign Two adjacent outdoor advertising signs on a single structure with both faces oriented in the same direction. Sign area The sign area is measured by finding the area of an imaginary rectangle, circle or triangle which filly encloses the sign message, including background and logos but not including supports or braces. For multi -faced signs, sign area shall be computed from the vantagepoint, which gives a view of the largest amount of sign area. If two (2) identical signs are back to back, and are part of the same sign structure the sign area shall be computed by the measurement of one of the faces. Sign height The height of a sign shall be the vertical distance from normal grade to the highest point of the sign. Any berming or filling or excavating solely for the purpose of locating the sign, shall be computed as part of the sign height. Stacked sign A single structure with two outdoor advertising signs with one sign placed directly above the other with their faces oriented in the same direction. Suspended sign A sign which is attached to the underside of a horizontal plane or arm and is supported by the horizontal plane. Tri- vision sign A sign constructed to use multiple face panels or slats that rotate to different messages in a fixed position. V Sign A single structure with two outdoor advertising signs with their faces oriented in different directions placed at an angle. 109.2 S-17 Wall sign Any sign, other than a projecting sign, which is oriented in a parallel direction to the wall of any building and is painted on or attached to that wall. The sign may extend above or below that wall, provided that any extension must be parallel to that wall and placed not more than twenty -four (24) inches forward or backward from the face of that wall. For purposes of this section only, a "wall" shall include any permanent architectural extension of a wall, including parapets, mansards, and awnings even if such extension projects beyond or above the enclosed portions of the building. Window sign Any sign, which is attached to, painted on, or etched into a window or which is displayed within twelve (12) inches of the window and is legible from outside the window. (Ord. No. 2001 -11, Sec. 2.) 7.68.03 Signs allowed in all Zoning Districts without a permit the following shall be allowed in all Zoning Districts. No sign permit shall be required. 1. Any federal, state or local traffic control or other public sign. 2. Any public notice or warning required by valid and applicable federal, state or local law, regulation or ordinance. 3. Works of art which do not identify a business, product or service. 4. Hand-carried non-commercial signs. 5. Lighting and displays that are part of customary holiday decorations, provided that they contain no commercial message and are not located in the right -of -way. 6. Any sign not legible either from any public right -of -way or from any lot or parcel other than the parcel on which such signs are located or from an adjacent lot or parcel under common ownership with the lot or parcel on which such sign is located. 7. Signs placed in or on windows provided such signs in combination with other window signs do not block the view by public safety officials of the cashier or teller area from the exterior of the building. 8. Customary identification signs, such as: building numbers, addresses, private parking signs, no trespassing signs or dangerous animal signs. 9. U.S., state, municipal, or corporate flags 10. Traffic control signs on private property such as "stop," "yield." and similar signs, the face of which meet Arkansas Department of Transportation standards and which contain no logo or commercial message. 11. Incidental signs which do not exceed three (3) square feet of area per sign. The signs shall not exceed four (4) feet in height. 12. Yard sale signs, which do not exceed six (6) square feet in area per sign, are limited to one (1) per lot and must be removed one (1) day after the event. 13. Vending machines, automatic tellers, or gasoline pumps which display the name, trademark or logo of the company or brand or prices provided the display is an integral part of the machine or pump and does not exceed thirty -two (32) square feet in area per side. 109.3 S-26 14. Construction signs in residential districts which do not exceed six (6) square feet in area and six (6) feet in height and which are limited to one (1)per lot. The sign must be removed prior to the issuance of a Certificate of Occupancy. 15. Real estate signs in residential districts which do not exceed six(6) square feet in area and six (6) feet in height for freestanding signs and which are limited to one (1)per street frontage and one (1)wall sign per dwelling unit. 16. Real estate signs in non-residential districts which do not exceed thirty-two (32) square feet in area per sign, and do not exceed eight(8) feet in height for freestanding signs and which are limited to one (1) freestanding sign per street frontage. One (1) wall sign per building façade is allowed if the entire building is for sale or lease. One (1) wall sign per leaseable unit is allowed if portions of the buildings are for sale or lease. 17. Announcements by public or non-profit organizations of fund-raising events, or promoting special events or activities of interest to the general public, other than political signs. Such signs shall not exceed four(4) square feet in area for residential uses in residential districts and four(4) square feet in area for non- residential districts and non-residential uses in residential districts. Signs shall be limited to one (1)per event. The sign may be erected up to three (3) weeks prior to the event and shall be removed within seven(7) days after the event. Such signs shall not be located within any right-of-way or within ten(10) feet of property line. (Ord.No. 2-2014, Sec. 1, 3.0) 18. Political signs erected in connection with elections or political campaigns provided that: a. Such signs are prohibited on utility poles and may not obstruct driver's vision clearances at an intersection. b. Such signs shall not be posted earlier than sixty(60) days prior to a primary, general or special election and are to be removed within seven (7) days after the election. c. Such signs shall not exceed ten(10) feet in height and forty (40) square feet per side. d. Such signs shall not be placed in public rights-of-way. e. Signs found to be in violation of this section may be removed by Code Enforcement Officers. 19. Attached or freestanding historic or memorial markers erected by a governmental agency or private,non-profit historic preservation or education organization pursuant to a plan or program for the erection of such signs or markers applied on a national, state, county, or municipal-wide basis or to properties within a duly authorized local historic district. Such plan or program must employ uniform standards of eligibility and the sign or marker must commemorate a person, building,place or even or historical, civic, cultural,natural historical, scientific, or architectural significance. Each such sign or marker shall be made of cast metal, cut masonry,painted wood or metal or other similar weather proof material. 109.4 S-17 20. Signs in public parks of a non- commercial nature erected by a government agency such as directional signs, rules signs, safety signs or site identification signs. Such signs shall not be greater than eight (8) feet in height. 21. Special event signs and civic event signs may be allowed for a limited period of time as a means of publicizing special events such as grand openings, special and holiday sales, carnivals, parades, and charitable events. Such special event signs shall be limited to the following provisions: a. Special event signs shall be limited to 30 days per event from time of the erection. b. special event signs may include balloons, inflated devices, festoons, pennants, banners, and streamers. c. All special event signs shall be maintained in good condition. 22. Commercial signs inside stadiums, sports fields, or arenas. 23. Directional signs for the sale or rent of residential property: a. The signs shall not be placed in the right -of -way and shall be maintained in a good condition. b. The signs are unlit and limited to four (4) square feet per side for a single user or four (4) square feet per side when shared by multiple projects. The sign message may be placed on each side of the sign. The signs shall not exceed four (4) feet in height and shall not obstruct vision clearances. c. In order to avoid the placement of a series of signs along several miles of roadway, no more than five (5) signs shall be allowed per project (or per property when a single dwelling is for sale or rent). Signs shall be placed no farther than two (2) road miles from the project or property for which directions are given. d. Up to two (2) directional signs are allowed at intersections. However, each user is allowed only one (1) sign per intersection. Therefore, each of the signs must identify different users. If the number of signs at an intersection exceeds two (2) a Code Enforcement Officer may remove all directional signs. e. Signs for properties for sale shall be removed within seven (7) days of when a contract is closed on the property. fi To encourage assistance in compliance with these requirements, the Code Enforcement Officers may notify the Board of Realtors or the Home Builders Association regarding violations of these provisions. Signs in violation of these requirements may be removed. 24. Signs visible only from the interior of a structure, such as in a mall, where they are not visible from a public right -of -way or public space. 109.5 S-26 25. Directional signs for local churches. a. Such signs must not exceed six (6) square feet in area or eight (8) feet in height. b. Such signs must not obstruct site distances at intersections or otherwise create a hazardous condition for vehicular or pedestrian traffic. c. Such signs require property owner permission. d. No more than four(4) such signs shall be placed for any given church. e. Such signs may only bear the name and address of the church with direction and distance to the church. f. Failure to comply with these requirements will cause the removal of the signs. (Ord.No. 11-2001, Sec. 3.) 7.68.04 Signs allowed in public right-of-ways without a permit The following signs shall be allowed within public right-of-ways. No sign permit shall be required. A. Public signs erected by the city, county, state or federal government. B. Emergency warning signs erected by a government agency,utility company, or a contractor doing work in a public right-of-way. C. Signs identifying a recognized community, subdivision or development provided that such signs were lawfully erected pursuant to an encroachment agreement, and are consistent with an approved overall sign plan, site plan or subdivision plat. Must be included in preliminary plat or large-scale development plan. (Ord.No. 11-2001, Sec. 4.) 7.68.05 Prohibited signs The following signs shall be prohibited, and may neither be erected nor maintained: A. Signs with flashing effects or rotating lights, except for digital billboards that meet the requirements set forth in 7.68.07 Billboards, however,this provision shall not prohibit signs with an alternating electronic display of time or temperature or text messages. (Ord. No. 2-2014, Sec. 1, 5.0) B. Obsolete signs. C. Signs which have broken supports or are overgrown with vegetation. D. Any sign which constitutes a hazard to traffic including, but not limited to, signs located within the right-of-way. E. Signs which block entrances or exits to buildings. 109.6 S-26 F. Signs attached or painted on vehicles or trailers which are parked and visible from the right-of-way, unless said vehicle or trailer is used in the normal day-to-day operations of the business. (Ord. No. 2-2014, Sec. 1, 5.0) G. All signs, including supports, frames, and embellishments, which are located within a public right-of-way and/or attached, affixed, or painted on any utility pole, light standard, utility box or pedestal,tree, rock, or other natural object located within the public right-of-way or on public property, except as allowed elsewhere in this section. H. Roof signs. I. . All other signs, which are not expressly exempt from regulation or expressly, allowed by this ordinance. (Ord.No. 11-2001, Sec. 5.) 7.68.06 Administration of sign permits Certain signs shall be allowed with sign permits. The city shall process all sign peunit applications within five (5)working days of the city's actual receipt of an application and a sign permit fee. Sign permits for signs allowed in conformance with Section 7.68.07 shall be issued by the Building Department in accordance with the following procedures. (Ord. No. 11-200, Sec. 6.) Applications for permits Applications for sign permits shall be submitted on forms provided by the Building Department. The specified fee and the following information shall accompany the completed application: A. Name, address and phone number of the sign owner, sign installer, local maintenance contact, and owner of the real property upon which the sign is situated. B. Description of the type of sign and sign materials including construction materials and proposed lighting, if any. C. Drawings showing the design, location, content, and dimensions of the sign and the design and dimensions of any measures used to support the sign or used to affix the sign to a wall, window or the ground. D. All applications for permits for signs, which exceed thirty(30) feet in height from the ground,must be accompanied by appropriate plans bearing the name, address, business telephone number, and seal of a registered professional engineer. Fees No permit shall be issued until the appropriate application has been filed and fees have been paid for each sign installed: 109.7 S-17 X77 On premise: A. 1 to 50 square feet $25.00 B. 50 to 75 square feet $35.00 C. 75 to 100 square feet $50.00 D. Above 100 square feet .50 per square foot E. Banners $15.00 per sign or banner F. Portable signs $15.00 for first sign on the property $10.00 annual fee for additional signs payable at time privilege licenses are due Off premise: .50 per square foot, plus an annual renewal fee of $15.00 Approval and inspection After a review of the application by the Building Department shows that the sign meets zoning, electrical, and SBCCI Building Code requirements, and other requirements for an application in this ordinance, the applicant shall receive a temporary permit to erect or install the approved signs. A. Permanent Sign: The applicant shall request an inspection after installation of the 4.. sign. If the sign is found to be incompliance, the Building Department shall issue a final permit. Final sign permits may be assignable to a successor of the business. B. Portable Signs and Banners: the approved time period shall be specified on the final permit. An inspection shall not be required for portable signs and banners. Expiration date A temporary sign permit shall become null and void if the sign for which the temporary permit was issued has not been completed within twelve (12) months after the date of issuance. No refunds will be made for a permit after the permit is issued. If later an individual desires to erect a sign at the same location, a new application for the sign must be processed and another fee paid in accordance with the fee schedule applicable at such time. Revocation of permits Sign permits shall be revoked if a sign is found to be in violation of this ordinance. (Ord. No. 2001 -11, Sec. 6.) 7.68.07 Signs allowed with siun permits The following signs are allowed with a permit: Awning signs Awning signs are allowed in all commercial and industrial zoning districts, subject to the following requirements: -rte 109.8 S-17 A. The sign shall be flat against the surface of the awning. 13. The sign shall maintain a clearance of nine (9) feet above a public right -of -way or front yard. C. The sign shall not be within any right -of -way, nor within ten (10) feet of the edge of roadway pavement. Freestanding signs in nun residential districts A. For each street frontage of a property, a building may have a freestanding sign up to 150 square feet. If the building has more than 150 feet but less than 300 feet of street frontage, the freestanding sign size limit may be increased by an additional one (1) square foot per linear foot of street frontage up to a maximum size of 300 square feet on each street on which the property fronts. One additional sign is allowed if the street frontage of the property exceeds 300 feet. If two signs are placed on a single street frontage the combined area of the two signs shall not exceed 300 square feet. Each sign must meet all other requirements for freestanding signs. 13. The sign shall not be within any right -of -way, nor w ithin ten (10) feet of the edge of roadway pavement. C. Signs shall be located at least twenty-five (25) feet from any property line, which is adjacent to property in a residential zone. D. Freestanding signs may not exceed 36 feet in height. However, signs up to 70 feet in height are allowed for restaurants, hotels, motels, and fuel sales establishments when the property on which the sign is located is situated within 1500 feet of Interstate 40/540. The height shall be measured from the grade of the ground on which the sign sits except when a street or highway is higher than the grade of the sign location, in which case the measurement may be from the grade at the point on the centerline of the street or highway which is nearest from the sign location. Freestanding signs in residential districts A. identification Signs for Residential Subdivisions, which are not PUD's, or Multifamily: Up to 2 freestanding signs may be placed at each entrance to identify the subdivision. Each sign shall be limited to four feet in height and 32 square feet in area. Signs shall be incorporated into a permanent landscape feature such as a wall, fence, or masonry column. 1 09.9 S -17 rip B. Identification Signs for PUD's and Multifamily Developments: Up to two freestanding signs may be placed at each entrance to identify the project. The total sign area shall not exceed 32 square feet in area. The sign shall be incorporated into a permanent landscape feature such as a wall, fence, monument, or masonry column and may not exceed four feet in height. C. Charitable organizations include but are not limited to: churches, mosques, synagogues, or other religious organizations shall be allowed to have freestanding signs up to 100 square feet in area and shall be limited to 16 feet in height. D. New Residential Developments: In addition to permanent identification signs, identified in 1 -3 above, residential developments selling new dwellings may locate one freestanding sign at each entrance to the development. A sign permit must be obtained for each sign, but the permit may be renewed annually at no cost. The sign shall be removed upon expiration of the permit. The maximum allowable sign area is 100 square feet per sign. The maximum sign height is 16 feet. E. The sign shall not be within any right -of -way, nor within ten (10) feet of the edge of roadway pavement. Marquee signs Marquee signs shall be allowed in all commercial and industrial zoning districts subject to the following requirements: A. The sign shall maintain a vertical clearance over a sidewalk of at least 9 feet. B. The sign shall not be within any right -of -way, nor within ten (10) feet of the edge of roadway pavement. C. The sign may extend the full length of the marquee on theaters, auditoriums and assembly halls. The height of the message area may not exceed 8 feet. D. The sign may not exceed 100 square feet in area. E. Only one marquee sign shall be allowed per establishment. Non commercial signs Non-commercial signs are allowed in all districts and may be substituted for any sign expressly allowed under this ordinance. Non- commercial signs are subject to the same permit requirements, restrictions on size and type, and other conditions and specifications as apply to the sign for which they are being substituted. 109.10 S-17 Projecting signs Projecting signs may be located in all commercial and industrial zoning districts, subject to the following requirements: A. The sign may not extend above the top of the wall to which it is attached, except that a sign 18 inches or less in width and perpendicular to such wall may extend up to a maximum of two feet beyond the top of the wall. B. The sign shall not be within any right -of -way, nor within ten (10) feet of the edge of roadway pavement. C. The sign may not exceed 40 square feet in area. D. Only one sign shall be allowed per establislmtent. Suspended signs Suspended signs shall be allowed in all commercial and industrial zoning districts, subject to the following requirements: A. The sign shall not be within any right -of -way, nor within ten (10) feet of the edge of roadway pavement. B. The sign shall allow a 9 -foot clearance to the walking surface. C. No sign shall exceed eight (8) square feet in area. D. Only one sign shall be allowed per establishment. Wall signs in commercial and industrial districts Wall signs shall be allowed in all commercial and industrial zoning districts, subject to the following requirements: A. Wall signs are allowed up to the full size of the wall. However, a wall sign may not extend more than 24 inches beyond the building, except in the case of a sign on the lower slope of a roof or an awning, where the sign may extend the distance required to make the sign vertical. B. The sign shall not be within any right -of -way, nor within ten (10) feet of the edge of roadway pavement. Canopy signs Canopy signs shall be allowed in all commercial and industrial zoning districts, subject to the following requirements: A. The vertical edge of the canopy shall be a maximum of 42 inches in height. 109.11 S -17 B. Signage on the canopy shall not exceed 100 square feet per canopy side. In no case shall the sign extend beyond the vertical edge of the canopy to which it is attached. C. The sign shall not be within any right -of -way, nor within ten (10) feet of the edge of roadway pavement. Portable signs Portable signs shall be allowed in all commercial and industrial zoning districts, subject to the following requirements: A. Maximum sign area for a portable sign is 40 square feet. B. Should the sign have electrical power it shall meet the requirements of the National Electrical Code. C. The sign shall not be within any right -of -way, nor within ten (10) feet of the edge of roadway pavement. Billboards Billboards shall be allowed in all commercial and industrial zoning districts, subject to the following requirements: A. No billboard shall be located within 600 feet of another billboard abutting either side of the same street or highway. Back -to -back billboard structures and V -type billboard structures having only one face visible to traffic proceeding from any given direction on a street or highway shall be considered as one billboard. Additionally, side -by -side billboard structures shall be considered as one billboard. Otherwise, billboard structures having more than one billboard face shall be considered as two billboards and shall be prohibited in accordance with the minimum spacing requirement set forth in subsection B below. B. No billboard shall be located within 200 feet of a residential zone. C. The sign shall not be within any right -of -way, nor within ten (10) feet of the edge of roadway pavement. D. The surface display area of any side of a billboard may not exceed 300 square feet. In the case of billboard structures with side -by -side or stacked billboards, the combined surface display area of both faces may not exceed 300 square feet. However, those signs located along the interstate highway system and oriented toward the interstate highway may contain up to 700 square feet of surface display area. 109.12 S-26 E. The overall height of a billboard shall not exceed fifty-five(55) feet, and the bottom of the billboard shall not be less than thirty-seven(37), feet measured from the grade of the ground on which the billboard sits, except when the street or highway is higher than the grade of the sign location, in which case the measurement may be from the grade at the point on the centerline of the street or highway nearest to the sign location. F. No billboards shall be attached to, cantilevered from, or otherwise suspended by the roof of any building. G. A billboard may be illuminated,provided such illumination is concentrated on the surface of the sign and is so located as to avoid glare or reflection onto any portion of an adjacent street or highway,the path of on-coming vehicles, or any adjacent premises. In no event shall any billboard have flashing or intermittent lights,nor shall the lights be allowed to rotate or oscillate. H. A billboard must be constructed using no more than one monopole support. The structure must meet applicable building code requirements and be constructed in such a fashion that it will withstand all wind and vibration forces which can reasonably be expected to occur in the vicinity. Design calculations must be provided to the Building Department as a part of the application process. A billboard must be maintained so as to assure proper alignment of structure, continued structural soundness, and continued readability of message. J. A billboard established within a business, commercial, or industrial area, as defined in the "Highway Advertising Act of 1972" (1972 PA 106, as amended) bordering interstate highways, freeways or primary highways as defined in said Act shall, in addition to complying with this ordinance, also comply with all applicable provisions of said Act and the regulations promulgated thereunder, as such may from time to time be amended. (Ord.No. 11-2001, Sec. 7.) K. Digital billboards are permitted hereunder provided the digital billboard meets the minimum requirements set forth in 7.11 in addition to the following: 1. Operational limitations Such displays shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement during the static display period, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement. Each static message shall not include flashing lighting or the varying of light intensity. 109.13 • S-26 2. Minimum display time Each message on the sign must be displayed for a minimum of eight(8) seconds. 3. Digital billboards shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a per-set distance from the center of the sign at five(5) feet above ground level. 4. Pre-set distances to measure the foot candles impact vary with the expected viewing distances of each size sign. Measurement distance criteria: Nominal face size Distance to be measured from 12' x 25' 150' 10'6" x 36' 200' 14' x 48' 250' 5. Each display must have a light sensing device that will adjust the brightness as ambient light conditions change. (Ord. No. 2-2014, Sec. 1, 7.11) 7.68.08 General requirements for signs Illumination A. Signs may be illuminated from within or from an external source,but such illumination shall be in a manner which avoids glare or reflection which in any way interferes with traffic safety. B. Signs may not be illuminated by a string of lights placed around the sign. 109.13.1 C. Within 200 feet of off-site residential zones, only internally illuminated signs which allow only the sign characters and logos to emit light or signs which are illuminated by means of a light that shines on the face of the sign shall be allowed. For the purposes of this subsection,property on the other side of a public right-of-way other than a controlled access highway shall be considered adjacent property. Design, construction and maintenance A. All signs shall comply with the provisions of the applicable version of the Southern Building Code and the National Electrical Code as adopted by the city of Van Buren. B. Signs shall be constructed of permanent materials and permanently affixed to the ground or building except for the following signs: 1. Banners and special event signs meeting the requirements elsewhere in this ordinance. 2. Signs advertising premises for sale, lease or rent. 3. Signs providing information on construction taking place on the premises. C4. Window signs. 5. Yard sale signs,political, and election signs. 6. Portable signs. C. All signs shall be maintained in good condition at all times and shall be kept free of cracked or peeling paint, missing or damaged sign panels or supports, and weeds, grass or vegetation which obscures the view of the sign message. D. Signs shall be located so as not to impair an individual's ability to safely see other vehicles or pedestrians at intersections, driveways, crosswalks, or alleys. The sign may not prevent the free entrance and exit from any window, door or fire escape. Changeable copy on signs Changeable copy is allowed on signs in all commercial and industrial zoning districts, and for schools and places of worship in any district. (Ord. No.11- 2001, Sec. 8.) 109.14 S-26 7.68.09 Non-conforming signs All signs in existence or hereafter placed into service are covered by this ordinance with no sign being"grandfathered." All existing signs, except portable signs and banners, which do not conform to the provisions of this ordinance may be eligible for the designation"legal non-conforming" and allowed to continue to exist until one of the following conditions occurs: A. The deterioration of the sign or damage to the sign that makes it a hazard; B. The sign has been damaged to such extent that requires repair costs greater than two-thirds (2/3) of the replacement cost of the sign; C. The sign is relocated or replaced, except as required by street relocation or other work by a government entity,or if the size of the sign is altered toward compliance with this ordinance. A non-conforming sign shall not be replaced by another non-conforming sign, except that the substitution or interchange of message,poster panels,painted boards or dismountable material on non-conforming signs shall be allowed, as long as no changes are made to the structure of the sign, except in the event a non-conforming sign is replaced by a digital billboard. A non-conforming sign may be replaced by a digital billboard only if it does not increase or add to the non-conformity of the sign. (Ord.No. 2-2014, Sec. 1, 9.0) The legal non-conforming sign is subject to all requirements of this ordinance regarding safety, maintenance,and repair. However, no changes in the size or shape of this sign shall be allowed except to make the sign comply with the requirements of this ordinance. (Ord. No. 11- 2001, Sec. 9.) 7.68.10 General provisions Violations and penalties If,upon inspection,the Building Department or its designated representative, finds that a sign has been abandoned, or is structurally,materially, or electrically defective, or is otherwise in violation of this ordinance, the Building Department or its designated representative shall issue a written order to the sign owner and the owner of the real property upon which the sign is situated. The order shall specify those sections of this ordinance which the sign violates, and shall state that the owner of the sign has twenty-one (21) days from the date of the order in which to correct the alleged violation or to file an appeal as set out in this ordinance. Any person who fails to comply with the provisions of the ordinance within twenty-one (21) days after receipt of notice from the Building Department or its designated representative shall be subject to prosecution in the local courts and upon conviction shall be subject to a fine of up to $100.00 for each day thereafter that the violation continues except that any person who has more than one portable sign and fails to pa the annual fee shall be guilty of a misdemeanor and shall be subject 109.15 S-17 to a fine of no less than Twenty -Five Dollars ($25.00) per day per sign and no more than Fifty Dollars ($50.00) per day per sign each day the violation continues. In the event of an adverse decision upon appeal, the penalty shall be assessed for that period beginning 21 days after notice was given by Building Department or its designated representative and shall not be stayed or abated by the filing of the appeal. In cases of emergency, where a sign constitutes a present hazard to public safety as defined in other ordinances or laws, the Building Department or its designated representative may cause the immediate removal of a dangerous or defective sign without notice. In cases of signs being placed too close to the right -of -way or street as provided in this ordinance, the Building Department or its designated representative may cause the immediate removal of the sign without notice to the sign owner or the owner of the real property upon which the sign it situated. After removal or demolition of the sign, a notice shall be given to the sign owner and the owner of the real property upon which the sign is situated, stating the nature of the removal work and the date on which it was performed, demanding payment for all costs incurred by the Building Department. If the amount specified in the notice is not paid within 21 days of the notice, the amount stated shall become a lien against the property of the owner of the sign and the owner of the real property upon which the sign is located. Appeals An owner of a sign or the real property upon which a sign is situated may appeal a decision of the Building Department or its designated representative, whether such decision is the denial of a permit or is related to an alleged violation of this ordinance in the following manner: Within 21 days the owner of the sign or the real property upon which the sign is located shall file an appeal of the decision of the Building Department with the secretary of the Van Buren Planning Commission. The decision of the Planning Commission may thereafter be appealed to the Van Buren City Council and thereafter to the Circuit Court of Crawford County, Arkansas. (Ord. No. 2001 -11, Sec. 10.) 109.16 S-17 CHAPTER 7.72 SEXUALLY ORIENTED BUSINESSES Sections: 7.72.01 Purpose and findings 7.72.02 Definitions 7.72.03 Classification 7.72.04 License required 7.72.05 Issuance of license 7.72.06 Fees 7.72.07 inspection 7.72.08 Expiration of license 7.72.09 Suspension 7.72.10 Revocation 7.72.11 Judicial review 7.72.12 No transfer of' license 7.72.13 Location restrictions 7.72.14 Non- conforming uses 7.72.15 Additional regulations for adult motels 7.72.16 Additional regulations for escort agencies 7.72.17 Additional regulations for nude model studios 7.72.18 Additional regulations concerning public nudity 7.72.19 Regulations pertaining to exhibition of sexually explicit films, videos and live performances 7.72.20 Exterior portions of sexually oriented businesses 7.72.21 Signage 7.72.22 Sale, use or consumption of alcoholic beverages prohibited 7.72.23 Persons younger than eighteen prohibited from entry; attendant required 7.72.24 Massages or baths administered by person of opposite sex 7.72.25 Hours of operation 7.72.26 Exemptions 7.72.27 Notices 7.72.28 Injunction 7.72.01 Purpose and findings Purpose It is the purpose of this ordinance to regulate sexually oriented businesses and related activities to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the city. The provisions of this ordinance 109.17 S -17 have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this ordinance to condone or legitimize the distribution of obscene materials. Findings Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made to the City Council, and on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); and 13arnes v. Glen Theater, Inc., 501 U.S. 560 (1991); Arcara v. Cloud books, Inc., 478 U.S. 607, (1986); California v. LaRue, 409 U.s. 109 (1972); lacobucci v. City of Newport, Ky, 479 U.S. 92(1986); United States v. O'Brien, 391 U.s. 367 (1968); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6 Cir. 1997); Key, Inc. v. Kitsap County, 793 F.2d 1053 (9" Cir. 1986); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5 Cir. 1995); and South Florida Free Beaches, Inc. v. City oflliami, 734 F.2d 608 (11` Cir. 1984), as well as studies conducted in other cities including, but not limited to, Oklahoma City, Oklahoma; Phoenix, Arizona; Minneapolis, Minnesota; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Whittier, California; and Seattle, Washington; and findings reported in the Final Report of the Attorney General's Commission on Pornography (1986), the Report of the Attorney General's Working Group on the Regulation of Sexually Oriented Businesses (June 6, 1989, state of Minnesota), the City Council finds that: A. Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities that are uncontrolled by the operators of the establishments. Further, there is presently no mechanism to make owners of these establishments responsible for the activities that occur on their premises. 13. Crime statistics show that all types of crimes, especially sex related crimes, occur with more frequency in neighborhoods where sexually oriented businesses are located. See, e.g., study of Indianapolis, Indiana. C. Sexual acts, including masturbation, and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semi- private booths or cubicles for viewing films, videos, or live sex shows. See, e.g. California v. LaRue, 409 U.S. 109, 111 (1972); See also Final Report of the Attorney General's Commission on Pornography (1986) at 377. D. Offering and providing such booths and /or cubicles encourages such activities, which creates unhealthy conditions. See, e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 376 -77. 0 109.18 S-17 E. Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses, for the purpose of engaging in sex within the premises of such sexually oriented businesses. See, e.g. Areas v. Cloud books, Inc., 478 U.S. 697, 698 (1986); See also Final Report of the Attorney General's Commission on Pornography (1986) at 376 -77. F. For the period ending December, 1996 the total number of reported cases of AIDS in the United States caused by the immunodeficiency virus (FIIV) was 581,429. See, e.g., statistics of the U.S. Department of Health and Human Services, Centers for Disease control and Prevention. G. From 1983 through September 12, 1997, the cumulative number of 1 -IIV- positive persons reported in Arkansas is 3,811. Of that number 2,300 meet AIDS case definitions. Since 1983 and to the present, there has been an increasing cumulative number of persons testing positive for I -IIV antibody test in Arkansas. See Arkansas HIV /AIDS Report, September 12, 1997. H. The total number of cases of early (less than one year) syphilis in the United States reported during the ten year period 1985 -1995 was 367,796. See, e.g., statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention. The number of cases of gonorrhea in the United States reported annually remains at a high level, with a total of 1,256,297 cases reported during the period 1993- 1995. See, e.g. statistics of the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention. J. The surgeon general of the United Sates in his report of October 22, 1986, advised the American public that AIDS and 1 -IIV infection may be transmitted through sexual contact, intravenous drug use, exposure to infected blood and blood components, and from an infected mother to her newborn. K. According to the best scientific evidence available, AIDS and I -IIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. See, e.g., findings of the U.S. Department of I- Iealth and Human Services, Centers for Disease Control and Prevention. L. Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self- regulate those activities and maintain those facilities. See, e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 377. 109.19 1111 5 -17 M. Numerous studies and reports have determined that bodily fluids, including semen and urine, are found in the areas of sexually oriented businesses where person view "adult" oriented films. See, e.g., Final Report of the Attorney General's Commission on Pornography (1986) at 377. N. Nude dancing in adult establishments encourages prostitution, increases sexual assaults, and attracts other criminal activity. See, e.g., Barnes v. Glen Theatre, 501 U.S. 560,583 (1991). 0. Nude dancing in adult establishments increases the likelihood of drug-dealing and drug use. See, e.g., Kev, Inc. v. !asap County, 793 F. 2d 1053, 1056 (9 Cir. 1986). P. The findings noted in paragraphs numbered (1) through (15) raise substantial governmental concerns. Q. Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns. R. A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place an incentive on the operators to see that the sexually oriented business is run in a manner consistent with the health, safety, and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, fully in possession and control of the premises and activities occurring therein. S. Removal of doors on adult booths and requiring sufficient lighting on the premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult establishments. T. The disclosure of certain information by those persons ultimately responsible for the day -to -day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, w i11 aid in preventing the spread of sexually transmitted diseases and criminal activity. U. It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct this ordinance is designed to prevent or who are likely to be witnesses to such activity. 109.20 S-17 V. The fact that an applicant for a sexually oriented business license has been convicted of a sex- related crime leads to the rational assumption that the applicant may engage in that conduct in contravention to this ordinance. W. The barring of such individuals from operation or employment in sexually oriented businesses for a period of five (5) years for a previous felony conviction serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases. X. The general welfare, health, morals, and safety of the citizens of this city will be promoted by the enactment of this ordinance. (Ord. No. 2002 -25, Sec. 1.) 7.72.02 Definitions Adult arcade means any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image- producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas." Adult bookstore or adult video store means a commercial establishment that, as its principal business purpose, offers for sale or rental for any form of consideration any one or more of the following: A. books, magazines, periodicals or other printed matter, or photographs, slides, films, motion picture, video cassettes, video disc, any other magnetic or electronic video reproductions, or any other visual representations that by any form or medium depicts or describes "specified sexual activities" or "specified anatomical areas;" or B. Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities." the determination of the principal business purpose of an establishment is based upon the visible inventory or commercial activity of the establishment. Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment that regularly features: A. persons who appear in a state of nudity or semi- nudity; or 109.21 S -17 B. live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or C. films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." Adult motel means a hotel, motel or similar commercial establishment that: A. offers accommodation to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and has a sign visible from the public right -of -way that advertises the availability of this adult type of photographic reproductions; or B. offers a sleeping room for rent for a period of time that is Icss than twenty -four (24) hours; or C. allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twenty -four (24) hours. Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." Director means the Chief of Police of the city of Van Buren, and such employee(s) of the police department as he may designate to perform the duties of the Director under this ordinance. Employee means a person who performs any service on the premises of a sexually oriented business on a full lime, part-time, contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the said person is paid a salary, wage, or other compensation by the operator of said business. "Employee" does not include a person on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does "employee" include a person exclusively on the premises as a patron or customer. Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person. 109.22 S-17 Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. Establishment means and includes any of the following: A. the opening or conmiencement of any sexually oriented business as a new business; B. the conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; C. the additions of any sexually oriented business to any other existing sexually oriented business; or D. the relocation of any sexually oriented business. Licensed day -care center means a facility licensed by the state of Arkansas, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than twelve (12) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty -four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers. Licensee means a person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license. Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration. Nudity or a state of nudity means the appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with Tess than a fully opaque covering of any part of the nipple; or human male genitals in a discernibly turgid state even if completely and opaquely covered. Person means an individual, proprietorship, limited partnership, general partnership, corporation, association, limited liability company, or other legal entity. Premises means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually 109.23 S -17 oriented business the grounds, private walkways, and parking lots and /or parking garages adjacent thereto, under the ownership, control or supervision of the licensee, as described in the application for a business license pursuant to Section 7.72.04 of this ordinance. Semi -nude or semi nudity means the appearance of the female breast below a horizontal line across the tope of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the arcola is not exposed in whole or in part. Sexual encounter center means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: A. physical contact in the form of wrestling or tumbling between persons of the opposite sex; or B. activities between male and female persons and /or persons of the same sex when one of more of the persons is in a state of nudity or semi nudity. Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. Specified anatomical areas means: A. the human male genitals in a discernibly turgid state, even if fully and opaquely covered; B. less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola. Specified criminal activity means any of the following offenses: A. carnal abuse; indecent exposure; rape; sexual abuse; violation of a minor; public sexual indecency; sexual misconduct; sexual solicitation of minors; sodomy; prostitution; sexual solicitation of a child; promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; sexual assault; molestation of a child; or any 109.24 S-17 similar sex related offenses to those described above under the criminal or penal code of this state, other states, or other countries. B. for which: 1. less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense. 2. less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense. C. the fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. Specified sexual activities means and includes any of the following: A. the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered; B. sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; C. masturbation, actual or simulated; or D. excretory functions as part of or in connection with any of the activities set forth in (A) through (C) above. Substantial enlargement of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty -five (25 percent, as the floor areas exist on the effective date of this ordinance. Transfer of ownership or control of a sexually oriented business means and includes any of the following: A. the sale, lease, or sublease of the business; B. the transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means; or 109.25 S -17 C. the establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. No. 2002 -25 Sec. 2.) 7.72.03 Classification Sexually oriented businesses are classified as follows: A. adult arcades; B. adult bookstores or adult video stores; C. adult cabarets; D. adult motels; E. adult motion picture theaters; F. adult theaters; C. escort agencies; H. nude model studios; and I. sexual encounter centers. (Ord. No. 2002 -25, Sec. 3.) 7.72.04 License required A. It shall be unlawful: 1. For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the Director pursuant to this ordinance; 2. For any person who operates a sexually oriented business to employ a person to work and /or perform services on the premises of the sexually oriented business, if such employee is not in possession of a valid sexually oriented business employee license issued to such employee by the Director pursuant to this ordinance; 3. For any person to obtain employment with a sexually oriented business if such person is not in possession of a valid sexually oriented business employee license 109.26 S 4. It shall be a defense to subsections 2 and 3 of this section if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment, or the premises. 5. Any violation of this ordinance shall be punishable as a misdemeanor. Each day that said violation continues shall be a separate offense and shall be punishable by a fine of up to $250.00 per day. B. An application for a sexually oriented business license must be made on a form provided by the city. The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with narked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Prior to issuance of a license, the premises must: be inspected by the Fire Department and Code Enforcement Department. C. An application for a sexually oriented business employee license must be made on a form provided by the city. D. All applicants for a license must be qualified according to the provisions of this ordinance. The application may request, and the applicant shall provide, such information (including fingerprints) as to enable the city to determine whether the applicant meets the qualifications established under this ordinance. The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed. E. If a person who wishes to own or operate a sexually oriented business is an individual, he must sign the application for a business license as applicant. if a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty percent (20 or greater interest in the business must sign the application for a business license as applicant. If a corporation, limited liability company, limited partnership or general partnership is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, each individual having a twenty percent (20 or greater interest therein must sign the application for a business license as applicant. F. Applications for a business license, whether original or renewal, must be made to the Director by the intended operator of the enterprise. Applications must be submitted to the office of the Director or the Director's designee during regular working hours. Application forms shall be supplied by the Director. The following information shall be provided on the application form: 109.27 5 -17 1. The name, street address (and mailing address if different) of the applicant(s); 2. A recent photograph of the applicant(s); 3. The applicant's driver's license number, Social Security number, and /or his /her state or federally issued tax identification number; 4. The name under which the establishment is to be operated and a general description of the services to be provided; if the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business's fictitious name; 5. Whether the applicant has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in 7.72.02, and, if so, the "specified criminal activity" involvec, the date, place, and jurisdiction of each; 6. Whether the applicant has had a previous license under this ordinance or other similar sexually oriented business ordinance from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation or a member of a limited liability company that is or was licensed under a sexually oriented business ordinance whose business license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked as well as the date of denial, suspension or revocation; 7. Whether the applicant holds any other licenses under this ordinance or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses; 8. The single classification of license, as found in 7.72.03, for which the applicant is filing; 9. The telephone number of the establishment; 109.28 S -17 10. The address, and legal description of the tract of land on which the establishment is to be located; 11. If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the business license is sought, and the date on which the establishment began operations as a sexually oriented business at the location for which the business license is sought; 12. lithe establishment is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the business license). If the expected startup date is to be more than ten (10) days following the date of issuance of the business license, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same; 13. If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depicts specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in 7.72.09 hereunder. G. Each application for a business license shall be accompanied by the following: 1. Payment of the application fee in full; 2. If the establishment is an Arkansas corporation, limited liability company or limited partnership, a certificate of good standing issued by the office of the Secretary of State of Arkansas; 3. If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state; 4. A current certificate and straight -line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,000 feet of the property to be certified; the property lines of any established church; public or private elementary, secondary or post secondary school; public park; licensed day care center; and entertainment business that is oriented primarily towards children within 109.29 S -17 1,000 feet of the property to be certified and; the property lines of any established residential district within 1000 feet of the property to be certified. For purposes of this section a use shall be considered existing or established if it is in existence at the time an application is submitted. 5. Any of items 2 through 4, above shall not be required for a renewal application if the applicant states that the documents previously furnished the Director with the original application or previous renewals thereof remain correct and current. 1 -1. Applications for an employee licensed to work and/or perform services in a sexually oriented business, whether original or renewal, must be made to the Director by the person to whom the employee license shall issue. Each application for en employee license shall be accompanied by payment of the application fee in full. Application forms shall be supplied by the Director. Applications must be submitted to the office of the Director or the Director's designee during regular working hours. Each applicant shall be required to give the following information on the application form: 1. The applicant's given name, and any other names by which the applicant is or has been know, including "stage" names and /or aliases; 2. Age, and date and place of birth; 3. 1- height, weight, hair color and eye color; 4. Present residence address and telephone number; 5. Present business address and telephone number; 6. Date, issuing state, and number of driver's license, or other identification card information; 7. Social Security number; and 8. Proof that the individual is at least eighteen (18) years old. 1. Attached to the application form for a license shall be the following: 1. A color photograph of the applicant clearly showing the applicant's fee, and the applicant's fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant. 109.30 S-17 2. A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant, in this or any other city, county, state, or country, has ever had any license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name(s) under which the license was sought and /or issued, the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application. 3. A statement whether the applicant has been convicted of a "specified criminal activity" as defined in 7.72.02 and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each. J. Every application for a license shall contain a statement under oath that: 1. The applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and 2. The applicant has read the provisions of this ordinance. K. A separate application and business license shall be required for each sexually oriented business classification as set forth in 7.72.03. L. The fact that a person possesses other types of state or city permits and /or licenses does not exempt him from the requirement of obtaining a sexually oriented business or employee license. (Ord. No. 2002 -25, Sec. 4.) 7.72.05 Issuance of license A. Upon the filing of an application for a sexually oriented business employee license, the Director shall issue a temporary license to said applicant. The application shall then be referred to the appropriate city departments for investigation to be made on the information contained in the application. The application process shall be completed within thirty (30) days from the date of the completed application. After the investigation, the Director shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true: 109.31 S -17 1. The applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form; 2. The applicant is under the age of eighteen (18) years; 3. The applicant has been convicted of a "specified criminal activity" as defined in 7.72.02 of this ordinance; 4. The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule, or regulation, or prohibited by a particular provision of this ordinance or 5. The applicant has had a sexually oriented business employee license revoked by the city within two (2) years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in section 1 of this section. B. A license issued pursuant to subsection A of this section, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. The employee shall keep the license available for inspection upon lawful request at all tines while engaged in employment or performing services on the sexually oriented business premises. C. A license issued pursuant to section A of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted by any "specified criminal activity" as defined in this ordinance, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in 7.72.04. D. If application is made for a sexually oriented business license, the Director shall approve or deny issuance of the license within forty -five (45) days of receipt of the completed application. The Director shall issue a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true: 109.32 S-17 1. An applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form; 2. An applicant is under the age of eighteen (18) years; 3. An applicant has been denied a license by the city to operate a sexually oriented business within the preceding twelve (12) months, or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months; 4. An applicant is overdue in payment to the city in taxes, fees, fines, or penalties assessed against or imposed upon him /her in relation to any business; 5. An applicant has been convicted of a "specified criminal activity" as defined in 7.72.02; 6. The premises to be used for the sexually oriented business have not been approved by the fire department and the Code Enforcement Department as being in compliance with applicable laws and ordinances; 7. The license fee required under this ordinance has not been paid; 8. An applicant of the proposed establishment is in violation of or is not in compliance with one or more of the provisions of this ordinance. E. A license issued pursuant to subsection D of this section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the 7.72.03 classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. F. The Fire Department and Code Enforcement Department shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the completed application by the Director. The certification shall be promptly presented to the Director. G. A sexually oriented business license shall issue for only one classification, as set forth in 7.72.03. 109.33 S -17 1I. In the event that the Director determines that an applicant is not eligible for a license, the applicant shall be given notice in writing of the reasons for the denial within forty -live (45) days of the receipt of the completed application by the Director, provided that the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than ten (10) days in order to make modifications necessary to comply with this ordinance. An applicant may appeal the decision of the Director regarding a denial to the City Council by filing a written notice of appeal with the City Clerk within fifteen (15) days after service of notice upon the applicant of the Director's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Director may, within fifteen (15) days of service upon him of the applicant's memorandum, submit a memorandum in response to the memorandums filed by the applicant on appeal to the City Council. After reviewing such memoranda, as well as the Director's decision, if any, and exhibits submitted to the Director, the City Council shall vote either to uphold or overrule the Director's decision. Such vote shall be taken within twenty -one (21) calendar days after the date on which the City Clerk receives the notice of appeal. However, all parties shall be required to comply with the Director's decision during the pendency of 3o the appeal. Judicial review of a denial by the Director and City Council may be made pursuant to 7.72.11 of this ordinance. J. A license issued pursuant to subsection D of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any "specified criminal activity" as defined in this ordinance, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within forty -five (45) days of the completed application. The renewal of a license shall be subject to the fee as set forth in 7.72.06. (Ord. No. 2002 -25, Sec. 5.) 7.72.06 Fees The annual fee for a sexually oriented business license, whether new or renewal, is Two Hundred Fifty ($250.00) Dollars. The annual fee for a sexually oriented business employee license, whether new or renewal, is Twenty -Five ($25.00) Dollars. These fees are to be used to pay for the cost of the administration and enforcement of this ordinance. (Ord. No. 2002 -25, Sec. 6.) 109.34 S-17 7.72.07 Inspection A. An applicant or licensee shall permit representatives of the Police Department, Fire Department, Code Enforcement Department, Building Department, or other city or state departments or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is open for business. B. No person who operates a sexually oriented business nor his agents or employees shall refuse to promptly permit such lawful inspection of the premises. C. A violation of this section shall be punishable as a misdemeanor. Each day that said violation continues shall be a separate offense and shall be punishable by a fine of up to $250.00 per day: (Ord. No. 2002 -25, Sec. 7.) 7.72.08 Expiration of license A. Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in 7.72.04. Application for renewal should be made at least forty -five (45) days before the expiration date; when made less than forty -five (45) days before the expiration date, the expiration of the license will not be affected. B. When the Director denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. (Ord. No. 2002 -25, Sec. 8.) 7.72.09 Suspension The Director shall suspend a License for a period not to exceed thirty (30) days i f he determines that licensee or an employee of licensee has: A. violated or is not in compliance with any section of this ordinance; B. operated or performed services in a sexually oriented business while intoxicated by the use of alcoholic beverages or controlled substances; C. refused to allow prompt inspection of the sexually oriented business premises as authorized by this ordinance; D. with knowledge, permitted gambling by any person on the sexually oriented business premises. (Ord. No. 2002 -25, Sec. 9.) 109.35 7.72.10 Revocation S-17 A. the Director shall revoke a license if a cause of suspension in 7.72.09 occurs and the license has been suspended within the proceeding twelve (12) months. 13. The Director shall revoke a license if he determines that: 1. a licensee gave false or misleading information in the material submitted during the application process; 2. a licensee was convicted of a "specified criminal activity" on a charge that was pending prior to the issuance of the license; 3. a licensee has, with knowledge, permitted the possession, use, or sale of controlled substances on the premises; 4. a licensee has, with knowledge, permitted the sale, use, or consumption of alcoholic beverages on the premises; 5. a licensee has, with knowledge, permitted prostitution on the premises; 6. a licensee has, with knowledge, operated the sexually oriented business during a period of time when the licensee's license was suspended; 7. a licensee has, with knowledge, permitted any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sexual conduct to occur in or on the licensed premises; 8. a licensee is delinquent in payment to the city or state for any taxes or fees; 9. a licensee has, with knowledge, permitted a person under eighteen (18) years of age to enter the establishment; or 10. a licensee has attempted to sell his business license, or has sold, assigned, or transferred ownership or control of the sexually oriented business to a non- licensee. C. When the Director revokes a license, the revocation shall continue for one (1) year from the date the revocation became effective. (Ord. No. 2002 -25, Sec. 10.) 7.72.11 Judicial review After denial of an initial or renewal application by the Director and City Council, or suspension or revocation of a license by the Director, the applicant or 109.36 S-17 licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction. The administrative action shall be promptly reviewed by the court. (Ord. No. 2002- 25, Sec. 11.) 7.72.12 No transfer of license A licensee shall not transfer his /her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. (Ord. No. 2002 -25, Sec. 12.) 7.72.13 Location restrictions Sexually oriented businesses shall be permitted only in 1 -2 Heavy Industrial District 1000 feet south of the south right -of -way of Interstate 540, subject to the following: A. The sexually oriented business may not be operated within: 1. 1,000 feet of a church; 2. 1,000 feet of a public or private elementary, secondary or post secondary school; 3. 1,000 feet of a public park; 4. 1,000 feet of a licensed day -care center; 5. 1,000 feet of the Location of a club, organization, facility, or business that is oriented primarily towards children or youth; 6. 1,000 feet of a boundary of any residential district; or 7. 1,000 feet of another sexually oriented business. B. A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business classified pursuant to 7.72.03. C. For the purpose of this ordinance, measurement shall be made in a straight line without regard to intervening structures or objects, from the nearest property of the premises where sexually oriented business is conducted, to the nearest property line of a church; public or private elementary, secondary or post- secondary school; public park; licensed day -care center; the location of a club, organization, facility or business that is oriented primarily towards children, or youth; boundary of any residential district or other sexually oriented business. 109.37 7.72.14 Non conforming uses S -17 A. Any business lawfully operating on the effective date of this ordinance that is in violation of the locational or structural configuration or signage requirements of this ordinance shall be deemed a non conforming use. The non conforming use will be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such non conforming use shall not be increased, enlarged, extended or altered except that the use maybe changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operated at a particular location is the conforming use and the later established business(es) is non conforming. B. A sexually oriented business lawfully operating as a conforming use is not rendered a non- conforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary, secondary or post secondary school, licensed day -care center, public park, the location of a club, organization, facility or businesses oriented primarily toward children or your within 1,000 feet of the sexually oriented business or residential district within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid business license, and does not apply when an application for a business license is submitted after a business license has expired or has been revoked. (Ord. No. 2002 -25, Sec. 14.) 7.72.15 Additional regulations for adult motels A. Evidence that a sleeping room in a hotel, motel, or a similar commercial enterprise has been rented and vacated two or more tines in a period of time that is less than ten (10) hours creates a rebuttable presumption that the enterprise is an adult motel as that term is defined in this chapter. B. a person in control of a sleeping room in a hotel, motel, or similar commercial enterprise that does not have a sexually oriented business license shall not rent or subrent a sleeping room to a person and, within ten (10) hours from the time the room is rented, rent or subrent the same sleeping room again. C. For purposes of subsection 13 of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration. D. Any violation of subsection 13 of this section shall be punishable as a misdemeanor. Each day that said violation continues shall be a separate offense and shall be punishable by a fine of up to Two Hundred Fifty Dollars ($250.00) per day. (Ord. No. 2002 -25, Sec. 15.) 109.38 F'X S-17 7.72.16 Additional regulations for escort agencies A. An escort agency shall not employ any person under the age of 18 years. B. A person shall not act as an escort or agree to act as an escort for any person under the age of 18 years. C. A violation of any provision of this section shall be punishable as a misdemeanor. Each day that said violation continues shall be a separate offense and shall be punishable by a fine of up to Two Hundred Fifty Dollars ($250.00) per day. (Ord. No. 2002 -25, Sec. 16.) 7.72.17 Additional regulations for nude model studios A. A nude model studio shall not employ any person under the age of 18 years. B. A person under the age of 18 years shall not appear semi -nude or in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to the public view or visible by any other person. C. A person shall not appear in a state of nudity, or with knowledge, allow another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right -of -way. D. A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public. E. A violation of any provision of this section shall be punishable as a misdemeanor. Each day that said violation continues shall be a separate offense and shall be punishable by a fine of up to Two Hundred Fifty Dollars ($250.00) per day. (Ord. No. 2002 -25, Sec. 17.) 7.72.18 Additional regulations concerning public nudity A. A person shall not, with knowledge and intent, appear in person in a state of nudity in a sexually oriented business, or depict specified sexual activities in a sexually oriented business. B. A person shall not, with knowledge and intent, appear in person in a semi -nude condition in a sexually oriented business, unless the person is an employee who, 109.39 S-17 while semi -nude, is at least six (6) feet from any patron or customer and on a stage at least two (2) feet from the floor. C. An employee shall not, while semi -nude in a sexually oriented business, solicit any pay or gratuity from any patron or customer. A patron or customer shall not pay or give any gratuity to any employee, while said employee is semi -nude in the sexually oriented business. D. An employee, while semi -nude, shall not touch a patron or customer or the clothing of a patron or customer. A patron or customer shall not touch a semi- nude employee or the clothing of a semi -nude employee. E. A violation of any provision of this section shall be punishable as a misdemeanor. Each day that said violation continues shall be a separate offense and shall be punishable by a fine of up to Two Hundred Fifty Dollars ($250.00) per day. (Ord. No. 2002 -25, Sec. 18.) 7.72.19 Regulations pertaining to exhibition of sexually explicit films. videos and live performances A. A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred (150) square feet of floor space, a film, video cassette, other video reproduction, or live performance that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements: 1. Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty -two (32) square feet of floor area. The diagram shall also designate the place at which the business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be draw to a designated scale or with narked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6 inches. The director may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. 109.40 S -17 2. The application shall be sworn to be true and correct by the applicant. 3. No alteration in the configuration or location of a manager's station may be made without the prior approval of the Director or his designee. 4. It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises. 5. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of the entire area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of the entire area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. 6. It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection 5 of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted, as designated in the application filed pursuant to subsection 1 of this section. 7. No viewing room may be occupied by more than one person at any time. 8. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5.0) foot candle as measured at the floor level. 9. It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises. 10. No licensee shall allow an opening of any kind to exist between viewing rooms or booths. 109.41 S-17 11. No person shall make any attempt to make an opening of any kind between the viewing booths or rooms. 12. The operator of the sexually oriented business shall, during each business day, inspect the walls between the viewing booths to determine if any openings or holes exist. 13. The operator of the sexually oriented business shall cause all floor coverings in viewing booths to be no- porous, easily cleanable surfaces, with no rugs or carpeting. 14. The operator of the sexually oriented business shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, non- porous, easily cleanable materials. No wood, plywood, composition board or other porous material shall be used within forty -eight (48 inches of the floor. 13. A person having a duty under subsection A (1) through (14) of this section who knowingly fails to fulfill that duty shall be guilty of a misdemeanor. Each day that said violation continues shall be a separate offense and shall be punishable by a fine of up to $250.00 per day. (Ord. No. 2002 -25, Sec. 19.) 7.72.20 Exterior portions of sexually oriented businesses A. No owner or operator of a sexually oriented business shall allow the merchandise or activities of the establishment to be visible from a point outside the establishment. B. No owner or operator of a sexually oriented business shall allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any mamrer except to the extent permitted by the provisions of this ordinance. C. No owner or operator of a sexually oriented business shall allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met: 1. The establishment is a part of a commercial multi -unit center; and 2. The exterior portions of each individual unit in the commercial multi -unit center, including the exterior portions of the business, are painted the same 109.42 S -17 color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi -unit center. D. Nothing in this article shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business. E. A violation of any provision of this section shall be punishable as a misdemeanor. Each day that said violation continues shall be a separate offense and shall be punishable by a fine of up to $250.00 per day. (Ord. No. 2002 -25, Sec. 20.) 7.72.21 Si image A. Notwithstanding any other city ordinance, code, or regulation to the contrary, the operator of any sexually oriented business or any other person shall not erect, construct, or maintain any sign for the sexually oriented business other than the one (1) primary sign and one (1) secondary sign, as provided herein. B. Primary signs shall have no more than two (2) display surfaces. Each such display surface shall: 1. not contain any flashing lights; 2. be a flat plane, rectangular in shape, 3. No exceed seventy -five (75) square feet in area; and 4. not exceed ten (10) feet in height or ten (10) feet in length. C. Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner, and may contain only the name of the enterprise. D. Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print -type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color. E. Secondary signs shall have only one (1) display surface. Such display surface shall: 1. be a flat plane, rectangular in shape; 109.43 2. not exceed twenty (20) square feet in area; 5 -17 3. not exceed five (5) feet in height and four (4) feet in width; and 4. be affixed or attached to any wall or door of the enterprise. F. The provisions of item 1 of subsection B and subsection C and D shall also apply to secondary signs. G. A violation of any provision of this section shall be punishable as a misdemeanor. Each day that said violation continues shall be a separate offense and shall be punishable by a fine of up to $250.00 per day. (Ord. No. 2002 -25, Sec. 21.) 7.72.22 Sale. use of consumption of alcoholic beverages prohibited A. The sale, use or consumption of alcoholic beverages on the premises of a sexually oriented business is prohibited. B. A violation of this section shall be punishable as a misdemeanor. Each day that said violation continues shall be a separate offense and shall be punishable by a fine of up to 8250.00 per day. (Ord. No. 2002 -25, Sec. 22.) 7.72.23 Person younger than eighteen prohibited from entry: attendant required A. No person shall allow a person who is younger than eighteen (18) years of age to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open for business. B. It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented businesses' regular business hours. It shall be the duty of the attendant to prohibit any person under the age of eighteen (18) years from entering the sexually oriented business. It shall be presumed that an attendant knew a person was under the age of eighteen (18) unless such attendant asked for and was furnished: 1. a valid operator's, commercial operator's, or chauffeur's driver's license; or 2. a valid personal identification certificate issued by any state reflecting that such person is eighteen (18) years or age or older. 109.44 S-17 C. A violation of any provision of this section shall be punishable as a misdemeanor. Each day that said violation continues shall be a separate offense and shall be punishable by a fine of up to $250.00 per day. (Ord. No. 2002 -25, Sec. 23.) 7.27.24 Massages or baths administered by person of opposite sex It shall be unlawful for any sexually oriented business, regardless of whether in a public or private facility, to operate as a massage salon, massage parlor or any similar type business where any physical contact with the recipient of such services is provided by a person of the opposite sex. A violation of any provision of this section shall be punishable as a misdemeanor. Each day that said violation continues shall be a separate offense and shall be punishable by a fine of up to $250.00 per day. (Ord. No. 2002, -25 Sec. 24.) 7.27.025 Hours of operation No sexually oriented business, except for an adult motel, may remain open at any time between the hours of one o'clock (1:00) a.m. and eight o'clock (8:00) a.ni. on weekdays and Saturdays and one o'clock (1:00) a.m. and twelve o'clock (12:00) p.m. on Sundays. (Ord. No. 2002 -25, Sec. 25.) 7.72.26 Exemptions It is a defense to prosecution under this ordinance that a person appearing in a state of nudity did so in a modeling class operated: A. by a proprietary school, licensed by the state of Arkansas, a college, junior college, or university supported entirely or partly by taxation; 13. by a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation. (Ord. No. 2002 -25, Sec. 26.) 7.72.27 Notices A. Any notice required or permitted to be given by the Director or any other city office, division department or other agency under this ordinance to any applicant, operator or owner of a sexually oriented business may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the license, or any notice of address change that has been received by the Director. Notices mailed as above shall be deemed given upon their deposity in the United States mail. In the event that any notice given by mail is returned by the postal service, the Director or his designee shall cause it to be posted at the principal entrance to the establishment. B. Any notice required or permitted to be given to the Director by any person under this ordinance shall not be deemed given until and unless it is received in the office of the Director. 109.45 S -19 C. It shall be the duty of each owner who is designated on the license application and each operator to furnish notice to the Director in writing of any change of residence or mailing address. (Ord. No. 2002 -25 Sec. 27.) 7.72.28 Injunction A person who operates or causes to be operated a sexually oriented business without a valid business license or in violation of any provision of 7.72.13 of this ordinance is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business so operates is a separate offense or violation. A violation of any provision of 7.72.13 shall be punishable as a misdemeanor. Each day that said violation continues shall be a separate offense and shall be punishable by a fine of up to $250.00 per day. (Ord. No. 2002 -25, Sec. 28.) CHAPTER 7.76 ARKANSAS FORESTRY COMMISSION Sections: 7.76.01 Contract 7.76.02 Competitive bidding waived 7.76.01 Contract The Mayor or his designated agent is hereby authorized and directed to execute all appropriate agreements and contracts with Cross Timbers Forestry necessary to expedite this project upon receipt of grant funds pursuant to Resolution No. 10 -4 -2004. (Ord. No. 2004 -13, Sec. 1.) 7.76.02 Competitive bidding waived Because of the unique nature of the services to be provided by Cross Timbers Forestry, competitive bidding is waived pursuant to A.C.A. 14-58 303(b)(2)(B). (Ord. No. 2004 -13, Sec. 2.) 109.46 S CHAPTER 7.80 WATER MANAGEMENT Sections: 7.80.01 Definitions 7.80.02 Water use permitted in drought 7.80.03 Water use prohibited in drought 7.80.04 Authority of city 7.80.05 Fine 7.80.06 Emergency 7.80.01 Definitions For the purpose of this ordinance, the following terms have the meanings given herein: Users of water includes all persons and entities that use and /or purchase water provided by the city of Van Buren, including contract users. Contract water users shall include all persons and entities who purchase water from the city of Van Buren for individual use, resale and /or redistribution outside of the corporate limits of the city of Van Buren, Arkansas. Contract water users include the following: Oak Grove Water Association Dora Water Users Sequoyah Water Users Oak Grove Water Association, Dora Water Association, and Sequoyah County Water Association purchase water from Van Buren under a water purchase contract said contracts obligate them to enact and enforce the same water conservation measures upon their customers as enacted by the city of Van Buren. Potable water is treated water supplied from the city of Van Buren water distribution and storage reservoir system and delivered to city of Van Buren customers. Non potable water is water from any source other than front, or provided by, Van Buren water system. (Ord. No. 2006 -2, Sec. 2.) 4.80.02 Water use permitted in drought This section shall apply to all users of water from the city of Van Buren, Arkansas. 109.47 S S-20 Effective immediately from the date of the adoption of this ordinance and continuing throughout the currently declared "drought" conditions, the following water uses are permitted: A. At addresses ending with zero (0) or one (1), on Mondays; addresses ending with two (2) or three (3), on Tuesdays; addresses ending with four (4) or five (5), on Wednesdays, addresses ending with six (6) or seven (7), on Thursdays; and addresses ending with eight (8) or nine (9), on Fridays. 1. Lawn watering between the hours of 5:00 a.m. and 10:00 a.m. and between the hours of 7:00 p.m. and 12:00 midnight; 2. Filling or refilling of existing swimming pools and fountains for maintaining operating level; and, 3. Washing of a vehicle on display at licensed dealerships and sales lots of established commercial business locations. Any such activity shall only be performed with a hose or other equipment provided with a self activated shut -off nozzle or valve which stops the flow of water immediately upon release from the user's grip. The use of any hose or equipment that allows the flow of water to be uncontrolled by the user at the point of discharge or to continue if unattended is strictly prohibited. 13. Watering of shrubs, plants, trees and gardens on any day by hand held hose or efficient irrigation system between the hours of 5:00 a.m. and 10:00 a.m. and between the hours of 7:00 p.m. and midnight is permitted only to the minimum amounts necessary to sustain plant life. C. Watering of golf course greens and tee boxes, commercial nursery and greenhouse irrigation is permitted only to the extent necessary to preserve turf and other plant life and at such times during the day to minimize water loss due to evaporation. D. Watering of municipal, school, sport or athletic playing or practice fields on Mondays Wednesdays, and Fridays between the hours of 5:00 a.m. and 10:00 a.m. and between the hours of 7:00 p.ni. and 12:00 midnight and permitted only to the minimum amounts necessary to sustain plant life. E. Daily water of sod or seed for new lawn or landscape areas between the hours of 5:00 a.m. and 10:00 a.m. and between the hours of 7:00 p.m. and 12:00 midnight for a time period no longer than fourteen (14) calendar days or until its first cutting, whichever is the sooner. A permit for any watering of new lawn or landscape area must first be obtained from the Van Buren Municipal Utilities 109.48 S -20 Department by the user of water and prominently displayed and maintained at that location at a place where it is readily visible from the street before the first watering occurs. F. Initial filling of newly constructed or renovated swimming pools. Upon achieving initial fill, swimming pool operation shall be subject to A(2) above. G. Operation of existing established commercial car washes. H. Washing of a vehicle by licensed dealerships and sales lots for the vehicle's initial preparation for sale, upon it receipt fro sale by licensed auto body repair facilities, upon completion of vehicle body repairs or painting, and by licensed automotive detail shops may be performed on ay day if performed inside a building work bay at an established commercial business location. Any such activity shall only be performed with a hose or other equipment provided with a self activated shut -off nozzle or valve which stops the flow of water immediately upon release from the user's grip. The use of any hose or equipment that allows the flow of water to be uncontrolled by the user at the point of discharge or to continue if unattended is strictly prohibited. Food processing by food service establishments may use water only to the extent necessary to maintain and preserve the public health, and in compliance with any state or federal regulations. J. Restaurants and other food service establishments may, only to the extent necessary, hose or wash walkways immediately adjacent to entrances only and not beyond ten (10) feet of entrances and not beyond ten (10) feet of garbage facilities or food delivery areas. Remote food serving stations for vehicles may be cleaned of spills only to the extent necessary and not beyond three (3) feet of the spill. Any such activity shall only be performed with a hose or other equipment provided with a self activated shut -off nozzle or valve which stops the flow of water immediately upon release from the user's grip. The use of any hose or equipment that al lows the flow of water to be uncontrolled by the user at the point of discharge or to continue if unattended is strictly prohibited. K. The use of potable water for any construction activity that cannot be performed using non potable water if approved by the Director of Utilities, or his designated representative, and, if required by same, shall be conducted under the direct supervision of an employee of the Van Buren Municipal Utilities Department. L. The use of water from a fire hydrant for activities which requires potable water if approved by the Director of Utilities, or his designated representative, and, if 109.49 S -20 required by same, shall be conducted under the direct supervision of an employee of the Van Buren Municipal Utilities Department. Any such use shall be registered through a department- owned meter issued under a permit for a specific use, time period, location, and if further specified for a maximum volume of use. M. The Fire Departments for the city of Van Buren, and other Fire Departments recognized by the state of Arkansas and state of Oklahoma, whose fire suppression functions require the use of water from the city of Van Buren, may conduct training activities required under the Insurance Services Organization, National Fire Prevention Association, Arkansas Fire Academy, or other federal agency which require the use of water provided by the city of Van Buren, i performed in accordance with a written training program which has first been submitted to, and approved by the Fire Chief of the city of Van Buren, or his designated representative, and the scheduling of same has been approved by the Van I3uren Municipal Utilities Director of Utilities, or his designated representative. N. No person shall use water as provided for in 4.80.02 to an extent that allows water to flow from user's premises onto public property, such as alleys or streets, or onto another person's property. (Ord. No. 2006 -2, Sec. 3.) 4.80.03 Water use prohibited in drought This section shall apply to all users of water from the city of Van Buren, Arkansas. Effective immediately from the date of the adoption of this ordinance and continuing throughout the currently declared "drought" conditions, the following uses of water from the city of Van Buren water system are strictly prohibited: A. Washing of any motor vehicles, trailers, boats or aircraft, except as provided for in 4.80.02. B. Washing of sidewalks, walkways, driveways, patios, decks, parking lots, tennis courts, or other similar type of hard surfaced area, except as provided for in 4.80.02. C. Washing or cleaning of building exteriors or fences. D. Use of potable water for any construction activities that can be performed using non potable water. These uses include, but not limited to, dust control, soil compaction, street and road construction, earth moving activities, directional boring, and oil and gas well drilling. E. Use of water from a fire hydrant for any purpose other than fire suppression by Fire Department personnel or maintenance activities required of utility department personnel for water system operation functions, except as provided for in 4.80.02 109.50 S-20 F. Filling or flushing of newly constructed or repaired water mains except as approved by the director of utilities and conducted under the direct supervision of an employee of the Van Buren Municipal Utilities Department. G. Testing of private fire protection systems. II. Replenishing or supplementing lakes or ponds. (Ord. No. 2006 -2, Sec. 4.) 7.80.04 Authority of city The city shall have the authority to: A. Install flow restriction devices on those points of service to contract water users who is determined to be using water in violation of this ordinance. B. Install flow restriction devices to curtail water service, or terminate water service, to any user who is determined to be using water in violation of this ordinance. C. To remove water meters designated for irrigation accounts which shows water usage in violation of this ordinance. *Installation of flow restriction devises shall require approval of Van Buren Municipal Utilities Commission. (Ord. No. 2006 -2, Sec. 5.) 7.80.05 Fine Any person convicted of performing any act prohibited by or in violation of this ordinance, or any person who tampers with or disables any meter used to register the water usages of any user of water from the city of Van Buren, Arkansas, shall be deemed guilty of a Class B misdemeanor and be fined in accordance with the following schedule: First violation not less than $50.00 nor more than $200.00 Second violation nor less than $250.00 nor more than $500.00 Third and each subsequent violation $500.00 and /or termination of service (Ord. No. 2006 -2, Sec. 6.) 7.80.06 Emergency This section shall apply to all users of water from the city of Van Buren. Whenever an emergency exists as determined by the Van Buren Municipal Utilities Commission, or their designated agent, by reason of a shortage of water, limited distribution facilities or any other circumstance which make it necessary to immediately conserve water, there is hereby delegated to the Van Buren Municipal Utilities Commission or their designated agent, the authority to implement conservation measures additional to the provisions of this ordinance which are determined to be necessary to maintain potable water for essential public health and safety functions. These emergency measures shall remain in effect until the next regularly scheduled meeting, or special meeting, oldie Van Buren Municipal Utilities Conunission at which time the Commission shall decide whether it is necessary to continue said measures. (Ord. No. 2006 -2, Sec. 7.) 109.51 CHAPTER 7.84 S -21 NOVELTY LIGHTERS Sections: 7.84.01 Retail is prohibited 7.84.02 Definition 7.84.03 Exceptions 7.84.04 Enforcement 7.84.05 Penalty 7.84.01 Retail is prohibited The retail sale, offer of retail sale, gift or distribution of any novelty lighter within the territorial jurisdiction of the city of Van Buren is prohibited. (Ord. No. 2007 -41, Sec. 1.) 7.84.02 Definition Novelty lighter means a lighter that has entertaining audio or visual effect, or that depicts through the use of logos, decals, art work or by other means, or that resembles in physical form or function articles commonly recognized as appealing to or intended for use by children ten (10) years of age or younger. This includes, but is not limited to, lighters that depict or resemble cartoon characters, toys, guns, watches, musical instrments, vehicles, toy animals, food or beverages, or that play musical notes or have flashing lights or other entertaining features. A novelty lighter may operate on any fuel, including butane or liquid fuel. (Ord. No. 2007 -41, Sec. 2.) 7.84.03 Exceptions Novelty lighter shall exclude: A. Any Tighter manufactured prior to 1980; and B. Any lighter which lacks fuel; or C. Any lighter which lacks a device necessary to produce combustion or a flame. (Ord. No. 2007 -41, Sec. 3.) 7.84.04 Enforcement The provisions of this section shall be enforced by the Fire Marshal, any police officer, any Code Enforcement Officer, and any other city official authorized to enforce any provision of the Van Buren Code of ordinances. (Ord. No. 2007 -41, Sec. 4.) 7.84.05 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 than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). (Ord. No. 2007 -41, Sec. 5) 109.52 CHAPTER 7.86 S-34 F PRIVATE CLUB Sections: 7.86.01 Application approved for submission 7.86.01 Application approved for submission The application submitted by Quentin Willard for a permit to operate as a private club in the City of Van Buren, Arkansas, is hereby approved to be submitted to the Alcoholic Beverage Control Division. (Ord. No. 2020-29, Sec. 1) CHAPTER 7.88 PROHIBITION OF THE POSSESSION OF NICOTINE BY MINORS Sections: 7.88.01 Prohibition 7.88.02 Penalty 7.88.03 Destruction of Product 7.88.04 Definition 7.88.05 Supplement `) 7.88.01 Prohibition It shall be unlawful for any minor to use or possess or to purchase, or attempt to purchase tobacco in any form, cigarette papers, a vapor product, alternative nicotine product, e-liquid product, or any component of a vapor product, or e-liquid product within the city limits of the City of Van Buren. (Ord. No. 2019-09, Sec. 1) 7.88.02 Penalty Any minor found to be using, possessing, purchasing or attempting to purchase tobacco in any form, cigarette papers, a vapor product, alternative nicotine product, e- liquid product, or any component of a vapor product, or e-liquid product shall be subject to a fine of not less than $100.00 and not more than$1,000.00. (Ord. No. 2019-09, Sec. 2) 7.88.03 Destruction of Product That upon conviction, the District Court Judge may order the product or implement destroyed. (Ord. No. 2019-09, Sec. 3) 7.88.04 Definition "Minor" includes any person who is under the age of twenty-one (21) years of age except that "minor" does not include a person who is under twenty-one (21) years of age if the person presents a military identification card establishing that he or she is a member of the United States Armed Forces or has attained nineteen (19) years of age as of December 31, 2019. (Ord. No. 2019-09, Sec. 4) 7.88.05 Supplement That this Ordinance is intended to supplement, and not conflict with, Arkansas Code Annotated Section 5-27-227. (Ord. No. 2019-09, Sec. 5) 109.53 Syy