Loading...
0991 96 ORDINANCE NO. 991 (#4-93) AN ORDINANCE REGULATING THE DISTRIBUTION OF UNSOLICITED ADVERTISEMENTS, HANDBILLS, PAMPHLETS, AND OTHER PRINTED MATERIAL WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. WHEREAS, the distribution of unsolicited advertisements, handbills, pamphlets, and other printed material has increased to excess and has become a nuisance to the ci tizens of the City of Jacksonville; and, WHEREAS, the City Council of the City of Jacksonville has determined there is a need to regulate distribution of these unsolici ted mater ials wi thin the Ci ty limi ts of the Ci ty of Jacksonville. NOW/ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: Any person, corporation, or other enti ty wishing to distribute unsolicited advertisements or other printed materials by placing such on private premises and/or property must first obtain a permit for distribution from the City of Jacksonville. Any such distribution without the permit provided for herein shall be unlawful. Specif ically exempted from the provisions of this Ordinance are handbills and/or flyers distributed in residential areas and/or any and all political and religious materials unless specifically prohibited by the property owner(s). SECTION TWO: Such permit shall be conditioned upon completion of a permit application, payment of a Fifty and 00/100 Dollars ($50.00) permit fee, and agreement by the permittee that no distribution will be made to or upon private premises and/or property that owner(s) or occupant(s) thereof have declared to the public and/or City Hall that their premises remain free from such unsolicited distribution. SECTION THREE: The individual signing the permit application for the person, corporation, or other entity seeking to make distr ibution as provided for herein, shall agree to be personally responsible for payment of any fines which may be assessed against permittee for any violations of this Ordinance. SECTION FOUR: The distribution permits provided for herein, regardless of their date of issue, shall be renewable on February first of each calendar year. SECTION FIVE: Resident(s) of private premises and owner(s) of private property as referred to herein may elect to have their property designated free from such unsolicited distributions by designating such on their property or by stating their request in writing to the City Clerk, City Hall, P. O. Box 126, Jacksonville, Arkansas. Such request shall be deemed valid until revoked in writing by said property owners. SECTION SIX: The Office of the City Clerk shall compile and maintain the registry of private premises and/or property which have elected to be free of unsolicited distributions as provided for herein. The Clerk shall provide a copy of the registry to all permittees hereunder. Registry shall be updated on an annual basis to coincide with the permit periods provided for herein with all additions or deletions made effective at that time. C)b SECTION SEVEN: Violation of this Ordinance shall be punishable by a fine not less than Twenty-five and 00/100 Dollars ($25.00) and not more than One Hundred and 00/100 Dollars ($100.00) per day for each day an offense occurs. SECTION EIGHT: All Ordinances or parts of Ordinances in conf lict herewi th are hereby repealed to the extent of the conflict. SECTION NINE: The provisions of this Ordinance are hereby declared to be severable. I f any section, phrase, or provision shall be declared or held invalid, such invalidity shall not affect the remainder of the sections, phrases, or provisions included in this Ordinance. SECTION TEN: The City Council has determined that immediate regulation of the distribution of unsolicited advertisements, handbills, pamphlets, and other printed material within the City of Jacksonville is necessary to insure the peace and tranquility of its citizens and to protect the health, safety, and welfare of the general public. Therefore, an emergency is hereby declared and this Ordinance shall take effect immediately upon its passage and publica- tion, as provided by and subject to applicable law. APPROVED AND ADOPTED THIS DAY OF APRIL, 1993. CITY OF JACKSONVILLE, ARKANSAS BY: TOMMY SWAIM, MAYOR ATTEST: LULA M. LEONARD, CITY CLERK ROBERT E. BAMBURG, CITY ATTORNEY ORDINANCE PLACED IN COMMITTEE APRIL 15, 1993.