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ORDINANCE NO I -
AN ORDINANCE ENTITLED: AN ORDINANCE TO REGULARS TRAFFIC AND MAINTAIN
ORDER IN AND AROUNG DRIVE-IN RESTAURANTS, SHOPPING CENTERS AND ON
OTHER PUBLIC GROUNDS WITHIN THE CITY OF JACKSONVIT.T;E, ARKANSAS."
WHEREAS, Public Highways, Public Grounds and other Public Areas
have been defined and interpreted by the Supreme Court of Arkansas to
be that area which is used by the public and is common to all citizens,
whether it be a carriageway, a horseway, a footway, or a navigable river;
and
WHEREAS, the City of Jacksonville has been authorized and directed
by Arkansas Statutes, 1947 Annotated, Sections 19 -2303 and 19-2304 to
control the use of public highways within the jurisdictional limits
of such city; and have been further authorized and directed to protect
with proper legislation the public health, safety, morals and welfare
of the citizens of such city; and
WHEREAS, drive -in restaurants, shopping centers and other such
public areas are hereby declared to be public highways and public
grounds within the interpretation of the Supreme Court Decision in
Canard v. State, 298 SW 24, 174 Ark, 918, and thereby within the
legislative jurisdiction of the City of Jacksonville, Arkansas, Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE,
ARKANSAS:
SECTION 1. A drive -in restaurant, within the meaning of this
ordinance, shall be deemed to be any restaurant where meals, sandwiches,
ice cream, or other food, is served directly to or is permitted to be
consumed by patrons in automobiles, motorcycles or other vehicles parked
on the premises.
SECTION 2. A shopping center within the meaning of this ordinance
shall be deemed to be the sidewalks, streets, parking spaces and other
public ground immediately adjacent to and /or surrounding the market
places where commercial activity of buying and selling articles, commodities
and /or services is carried on and open to all persons.
SECTION 3. It shall be unlawful for any person while on or adjacent
to the premises of a drive -in restaurant or a shopping center, other than
an automobile repair shop, to race the motor of any car, to suddenly start
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or stop any car, or to make or cause to be made any other loud or unseemly
noise, It shall be unlawful for any other person parked on the premises
of such restaurant, shopping center or other public highway of this city
to blow or cause to be blown any automobile horn or motorcycle horn at
any time while so parked, unless to do so shall be for the purpose of
avoiding a collision.
SECTION 4. It shall be unlawful for any person to . an unoc-
cupied motor vehicle on the parking lot of any public business, which
shall include drive -in restaurants, and shopping centers, and to leave
the premises thereof except with the knowledge and consent of the owner
of said business.
SECTION 5. Any person found guilty of violating either Section 3
or Section 4 of this Ordinance shall be deemed guilty of a mis-
demeanor and shall be fined not more than $100.00 or imprisoned for not
more than thirty (30) days, or be given both such fine and imprisonment
A.
' at the discretion of the Court.
Section 6. All crimes and /or traffic violations as defined by
the Criminal and /or Traffic Codes of the State of Arkansas in Arkansas
Statutes, 1947 Annotated, are hereby declared to be crimes and /or
traffic violations upon the above defined public areas of the City of
Jacksonville; and any person found guilty of violating any of the said
laws of the State of Arkansas shall be punished according to the terms
of said specifically defined offense under Arkansas Statutes.
SECTION 7. Should any word, section or part of a section or pro-
vision of this Ordinance be for any reason held unconstitutional, void
or invalid, it shall not affect the validity of any other word, section
or provision hereof.
SECTION 8. All ordinances or parts of ordinances in conflict here-
with are hereby repealed.
SECTION 9. It is ascertained and declared that the safety, welfare,
health and morals of the inhabitants of the City of Jacksonville are
endangered by lack of adequate relation of motor vehicular traffic in
and around drive -in restaurants, shopping centers and other public
areas in the City of Jacksonville, A that adequate traffic
regulation is necessary for the safety and welfare of its inhabitants;
and that only by the passage of this ordinance can such adequate traffic
regulation be provided. It is, therefore, declared that an emergency
exists, that this ordinance is necessary for the immediate preservation
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of public peace, health, safety and morals of the citizens of Jackson-
ville, Arkansas, and this Ordinance shall be in full force and effect
from and after its passage.
PASSED AND APPROVED this day of January, A.D., 1965,
Mayor
Attest:
City Clerk