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2452 ORDINANCE NO. � AN ORDINANCE GRANTING AN ADDITIONAL 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,the City Council passed and approved Ordinance No. 2438 on June 22, 2017, granting a six(6) month moratorium on enforcement of Chapters 5.40, 5.42 and 6.48; and WHEREAS, it is recommended that the City Council adopt an additional 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 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 an additional six (6) month moratorium from December 22, 2017, 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 5. 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, Chapter 5.42 and Chapter 6.48, 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 X1 day of ��� , 2017. WILLIAM H. JO ON, MAYOR ATTEST: PHIL P PARA, CITY CLERK SPONSORED BY: RECEIVED City Clerk's ffi Dar13y ' ORDINANCENO� ��� • (AN CE—GRANTING tAN ADDITIONAL SI7G(� IVIONTH MORATORIUM O&. .ENFORCEMENT OF l STATE OF ARKANSAS CHAPTER"5.40,,SOLICITORS;.;CHAPTER 5.42,SOLICI TER.8PPEDDLING`AND I�1 SO CITING ON PRIVATEa COUNTY OF CKiTFENDE ;RESIDENCES,OF•THE WEST MEMPHIS MiJNICIPAL l Alexander P. Coulter,d olDvs REM LANrEDVTO THE SITBJEC7;•nECLARuve°,A�iv? o solemnly swear that f am publisher of the i-EMERGENCY ANDFOROTHER PURPOSES ;a, m�S, a daily newspaper, publ'Ished in the county and state aforesaid that I RHEREAs,state and municipal laws and reguladons ie was so related to this publication at and during the publication of their acttvthes of and solrcitin and eddlm have diawn mcreasidd 4M r,- g P g annexed legal advertisement in the case bf tention by;courts particularly?the decision mRodgerst v;; tlJi in case number 4:16 cv 775:in the U.S:'District Coiirt for? the Eastern.Distnot of:Arkansas WesternDivision holding the aanh beggmgportion ofA CA §5-71 213(a)(3)'to be uncenstitu a; Warning Order No. tional ana' y ti q � l I WHEREAS Cha ter 540,Solicitors Cha ter 542 Soltcr Probate Notice No. + P p t.tors InPrivate Reside`utial Areas;acid Chapter 6.48 Peddling ifi j ¢Sohctting on Pnvate Residences,:of the:West-Memphrs;Munrci 1 pal Code_eontam provisions that,may snake". ese Commissioner's ordi z. Commioner's Sale No. }nances subject to a,similar constituttonal.ctomenge as the state;, fstatutemRodgetsv Bryant and County Court Notice rc. 'WHEREAS,the'Crry'.Council passed and approved Ordnanee'� i-No 2438 on`June 22,2017,planting a six(6).month moratonum son enforeemen4 of Chapters 540 5 42 and 6 48,and -WHEREAS;tt is recommended that tthe City'Counctl adopt alit additional six(6)montti°moratorium on the enforcement of hap- ter 540 Solicitors Chapter 5 42,•Sohcrtors In'Pri Residenhal.c Areas and:Chapter 6 98;Peddling and Solrcrtiog on,Pnvate Rest dentes o€tHe WesrMemplus"Muuctpal Code to review'apd) pending in the(Circuit-Chancery-County) Court in said eounT,, that the dates-of the study the-appropnate methods for the City ofjWest Memphis t6q,, [jaddress these activiti in the Ctty:'of West Memp}us and to make scrcral publications of said advettisctnents arc hereinafter stated, and that during said [possiblerecdinntendabons for changes to the West3vienpphis lyra '. "tircipal Codc,and"to vitiate said changes to.=protect lherfuture PrnodS and Said dates Said newspaper was printed and published in said county arid Mt�t and general welfare'of the entire city of west had a bona fide circulation therein for the period of one month before the date of the P . fir5t publication of saidadvali.scmatt;and that said advertisement was published In the pp(WHEREAS;City Council deems.;iCm the,pubhcs mteryst to" I regular issues of said newspaper for consecutive times; publication I:grant a six(6)month moratonum oh the enforcement of Chapter, 1.5.40 Solicitors Chapter 542 Solicitors In-`Eitvate Restdenhal• thc=f was made on the following dales: h Areas and Chapter 6 48 Peddhng,and Soliciting on Pnvate$esi_ dentes of the West Memphis Municipal Code 6. l t. 16. 21. NOW,THEREFORE,-BE rr}ORDAINED BY THE'CITY; COUNCIL OF THE CITY OF WEST MEMPHLS,ARKAI ] 12. 17. 22. — �''"'• x, {.SECTION-1 Thefindings;and'recttahons.set out;i. theI preamble i n.+ .3. 8. 13. 18. 23. .to Ous Ordinance are found to be hue and cotect and they aretis tiereby adopted by the City Council and made part hereof for i1 q 14. 19• 24. 4. }'purposes r - hSECTION 2.The City-Councilof tiie Crty of West Memphis` S. �� 25- R'hereby grants an addttignal six(6),inonth motatonum from,De cember 22 2017 ton the,enforcemeat of Chapter 5 40 Solicitors,;'1 Chapter 5 42.5ohcliors'Ii Pnvate Re?;rdenhal Areas and alii"'r{ my 6:48 Peddlingrand Soliciting on Priv6WResidencesi of the West Publisher Memphis Ivfumcipal Code to allow the review andstudy the ap. RY P(/® pippnate methods for the City of West Memphis ti address these, O(P` (achvthes m the City oDj f West Memphis and to make possible ret commission Subscribed and sworn to before me this daY ommendahons for changes to the West moplvs Muniwpal #12379456 And to riuhate sand changes to protect the future health safety`i 70 of 1 ft 1A Lime 20 �]' .. N and to welfare of the entire City of West Memphis r O COy z 9jyDEN�'�' q; Notary Public SECTION 3 It rs hereby declared to be the mtenhon Council that='the sectidas�i paragraphs }sentences clauses;and i QF ` -- phrasesofilnsOrdmanceareseverableand tfanyphrase clause ( 7.ssrpOtt85 My Commission Expires _ sentence ph'&r-section of tlirs Ordmance should be de dared Iiiviffid by the final rudgment or decree-of airy court of competent,turisdtchon such,mvandrty shall'not'affect any of the remammg phrases clauses sentences,paragraphs and sections of Printing l=ee this Ql'dmaileC j t.*3 -]' a >. •31' iSECTION 4.'All Oidinences or pails thereof to eonfltct herevnth; are repealed to the extent ofsuch coiifltct only ,1 (SECTION 5'.EMERGENCY CiAUSE It having been,fqund rand deteimriied by the City Council otitic City of west Memphis;p that the enforcement of the curretit,intrmcipalaiegulahons as sett .,out m Chapter 5.40Chapter$42 and Chapter 6;481 therefore an?+ emergencyos hereby declared to exist and this ordinance lieuig necessary foi:the preservation of the,;public pewee health,safety, +Arid welfare'of the citizens of West Memphis Arkansas shall be- tn lindefreef&nn and after the date of its passagerand+ approval c PASSED AMD APPROVED this 21st day of December 2019 f ;ATTEST t ? s PFULIP PARA,CITY CLERK Y i'SPONSOREDBY 1' y WII.LIAMH'�JOIINSOI!T �� '"i s-