2438 ORDINANCE NO. aK3�
AN ORDINANCE GRANTING A SIX(6) MONTH MORATORIUM ON
THE ENFORCEMENT OF CHAPTER 5.40, SOLICITORS, CHAPTER
5.42, SOLICITORS IN PRIVATE RESIDENTIAL AREAS,AND
CHAPTER 6.48,PEDDLING AND SOLICITING ON PRIVATE
RESIDENCES, OF THE WEST MEMPHIS MUNICIPAL CODE;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE
SUBJECT,DECLARING AN EMERGENCY AND FOR OTHER
PURPOSES.
WHEREAS, state and municipal laws and regulations regarding activities of and
soliciting and peddling have drawn increased attention by courts,particularly the decision in
Rodgers v. Bryant, case number 4:16-cv-775 in the U.S. District Court for the Eastern District of
Arkansas, Western Division, holding the anti-begging portion of A.C.A. §5-71-213(a)(3)to be
unconstitutional; and
WHEREAS, Chapter 5.40, Solicitors, Chapter 5.42, Solicitors In Private Residential
Areas, and Chapter 6.48, Peddling and Soliciting on Private Residences, of the West Memphis
Municipal Code contain provisions that may make these municipal ordinances subject to a
similar constitutional challenge as the state statute in Rodgers v. Bryant; and,
WHEREAS,it is,recommended that the City Council adopt a moratorium on the
enforcement of Chapter 5.40, Solicitors, Chapter 5.42, Solicitors In Private Residential Areas,
and Chapter 6.48, Peddling and Soliciting on Private Residences, of the West Memphis
Municipal Code to review and study the appropriate methods for the City of West Memphis to
address these activities in the City of West Memphis and to make,possible recommendations for
changes to the West Memphis Municipal Code and to initiate said changes to protect the future
health, safety, and general welfare of the entire City of West Memphis; and,
WHEREAS, City Council deems it in the public's interest to grant a six (6)month
moratorium on the enforcement of Chapter 5.40, Solicitors, Chapter 5.42, Solicitors In Private
Residential Areas, and Chapter 6.48, Peddling and Soliciting on Private Residences, of the West
Memphis Municipal Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS,ARKANSAS:
SECTION 1. The findings and recitations set out in the preamble to this Ordinance are
found to be true and correct and they are hereby adopted by the City Council and made a part
hereof for all purposes.
SECTION 2. The City Council of the City of West Memphis hereby grants a six (6)
month moratorium on the enforcement of Chapter 5.40, Solicitors, Chapter 5.42, Solicitors In
Private Residential Areas, and Chapter 6.48, Peddling and Soliciting on Private Residences, of
the West Memphis Municipal Code to allow the review and study the appropriate methods for
the City of West Memphis to address these activities in the City of West Memphis and to make
possible recommendations for changes to the West Memphis Municipal Code and to initiate said
changes to protect the future health, safety, and general welfare of the entire City of West
Memphis.
SECTION 3. It is hereby declared to be the intention of the City Council that the
sections,paragraphs, sentences, clauses and phrases of this Ordinance are severable and, if any
phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the
final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect
any of the remaining phrases, clauses, sentences,paragraphs and sections of this Ordinance.
SECTION 4. All Ordinances or parts thereof in conflict herewith are repealed to the
extent of such conflict only.
SECTION 6. EMERGENCY CLAUSE. It having been found and determined by the
City Council of the City of West Memphis that the enforcement of the current municipal
regulations as set out in Chapter 5.40, Solicitors, Chapter 5.42, Solicitors In Private Residential
Areas, and Chapter 6.48, Peddling and Soliciting on Private Residences, of the West Memphis
Municipal Code could expose the City of West Memphis to a potential constitutional challenge
of these ordinances and litigation expenses,therefore, an emergency is hereby declared to exist,
and this ordinance,being necessary for the preservation of the public peace, health, safety and
welfare of the citizens of West Memphis,Arkansas, shall be in full force and effect from and
after the date of its passage and approval.
PASSED AND APPROVED this 4,7�pday of SyA..'F, , 2017.
WILLIAM H. JOHNSON, MAYOR
ATTEST:
PHILLIP PARA, CITY CLERK
SPONSORED BY:
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• City Clerk's Offite
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