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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.