RESOLUTION NO. 2017-09
A RESOLUTION TO PLACE A MORATORIUM ON ENFORCEMENT OF ORDINANCE NO. 03-21-2013B WHICH REGULATES DOOR TO DOOR SALES OR SOLICITATION AT PRIVATE RESIDENCES IN THE CITY OF ELKINS
WHEREAS, on the 21st day of March, 2013 the Elkins City Council adopted Ordinance No 03-21-2013B, which regulated door to door solicitation and sales within the City.
WHEREAS, in 2015 the United States Supreme Court decided Reed v. Town of Gilbert, Ariz holding that a municipality could not apply different regulations to different forms of speech in sign regulations, which has been interpreted and applied by Federal District Courts to strike down both panhandling and solicitation ordinances, finding that Reed stands for the idea that regulations on speech must pass "strict scrutiny" and require a compelling interest.
WHEREAS, in June 2017, the Arkansas Municipal League published an article on Panhandling and Safety discussing the difficulty of regulating panhandling and soliciting communities and how to address the issue by recommending a moratorium on enforcementuntil an in-depth analysis can occur.
WHEREAS, the article provides an example of the analysis done on public safety that met strict scrutiny by Arlington, Texas which includes statistics, specific examples, and is specifically tailored to the specific needs of the city.
WHEREAS, it is recommended that a moratorium be placed on Ordinance No. 03-21-2013B while objective evidence is gathered to determine if the ordinance can be enforced as a public safety matter.
BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF ELKINS, ARKANSAS, that:
Section 1: After discussion and debate the City Council hereby places a moratorium on future enforcement of Ordinance No. 03-21-2013B within the City for a period of 24 months from and after passage of this Resolution.
Section 2: The Elkins Police Department shall be immediately notified of this moratorium as shall the City Prosecutor and the Court Clerk of the Elkins Department of the Washington County District Court.
Section 3: Should the time period set forth in Section 1 above expire, no further enforcement shall take place without direct authority from the City Council.
PASSED AND APPROVED this 17th day of August, 2017.
Mayor Bruce Ledford
Delia Foster, Recorder-Treasurer