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.
—
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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-