Business Licenses and Regulations - C4

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Business Licenses and Regulations

BUSINESS LICENSES AND REGULATIONS

 

Chapters:

4.04     Electric Franchise

4.08     Gas Franchise

4.12     Telephone Franchise

4.16     Cable Television Franchise

4.20     Ambulance Services

4.24     Occupational Licenses

4.28     No Knock List

CHAPTER 4.04

ELECTRIC FRANCHISE

Sections:

 

            4.04.01            Franchise fee

            4.04.02            Permit

            4.04.03            Details

            4.04.04            Contract

            4.04.05            Acceptance

            4.04.01 Franchise fee Southwestern Electric Power Company hereby offers and proposes to the city of Johnson, Arkansas, to pay it, commencing the 1st day of July, 1961, for a period of twenty (20) years from and after said date, the sum equal to two percent (2%) of the Company’s gross revenues derived from the sale of electrical power and energy to domestic and commercial customers within the city limits of said city of Johnson, Arkansas. Said sum is to be due and payable quarterly, and the Company shall have thirty (30) days after the expiration of each quarter in which to make such payment. (Ord. No. 1, Sec. 1.)

            4.04.02 Permit In consideration of said payment, said city does hereby grant to said Company a permit authorizing and empowering said company to use the streets, alleys, and public places of said city for the erection, operation, and maintenance of the Company’s distribution system and all facilities and appurtenances thereto, together with the right to sell electric power and energy to inhabitants of said city. (Ord. No. 1, Sec. 2.)

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            4.04.03 Details Said sum is to be paid by the Company and accepted by the city in lieu of any and all occupation taxes, poll taxes, license fees, street rentals and any and all levies, taxes and fees of whatsoever kind, nature or character (except general ad valorem taxes) for said period of twenty (20) years, and the city of Johnson, Arkansas, shall never increase or attempt to increase the percentage of such gross receipts provided for herein during said twenty-year term, and in the event said city should increase or attempt to increase said percentage, then this proposal or any agreement or contract based hereon between said Company and said city shall ipso facto become null and void and of no force and effect, provided, however, that the permit in favor of Southwestern Electric Power Company authorizing and empowering it to use the streets and alleys of said city shall in no event be in any wise impaired or invalidated. (Ord. No. 1, Sec. 3.)

            4.04.04 Contract Southwestern Electric Power Company is to furnish said city of Johnson, Arkansas, no free service; said city is to take from Southwestern Electric Power Company, and pay said Company, at the regular published rates for said service, all the electric power requirements of said city for a period of twenty (20) years from and after the acceptance of this proposal. This proposal shall be kept open until the 1st day of July, 1961, and if accepted by proper resolution of the City Council of the city of Johnson, Arkansas, within said period of time, shall become and constitute a firm and binding contract between the Company and said city. (Ord. No. 1, Sec. 4.)

            4.04.05 Acceptance The proposal of said Company as hereinabove set out be and the same is hereby in all things accepted, ratified and confirmed. (Ord. No. 1, Sec. 5.)

  

CHAPTER 4.08

GAS FRANCHISE

Sections:

 

            4.08.01            Franchise granted to Arkansas Western Gas Company

            4.08.02            Rights of Grantee

            4.08.03            No fees for public service

            4.08.04            Town is not liable for damage

            4.08.05            Rates shall be prescribed

            4.08.06            Grantee shall furnish proper information

            4.08.07            Franchise tax

           

            4.08.01 Franchise granted to Arkansas Western Gas Company That the city of Johnson, hereby grants to the Arkansas Western Gas Company the exclusive right, privilege and authority within the present and all future expansions of the corporate limits of the city of Johnson (1) to sell, furnish, transmit and distribute natural gas to all inhabitants and consumers within the said

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limits; and (2) subject to the terms, conditions and stipulations mentioned in this ordinance, consents and the right, permission and franchise is hereby given to the Arkansas Western Gas Company, a corporation organized and existing pursuant to the laws of the state of Arkansas, Grantee, and to its successors, lessees, and assigns to lay, construct, equip, operate, repair, and maintain a system of gas mains, pipes, conduits, feeders and the appurtenances for the purpose of supplying and distributing natural gas for light, fuel, power, and heat and for any other purpose, to the residents or inhabitants of the said city; and further, the right to lay, construct, operate and maintain a system of gas mains, pipe lines, pipe conduits and feeders and the necessary attachments, connections, fixtures and appurtenances for the purpose of conveying, conducting of distributing natural gas from any point beyond said city limits in order to enable the said Grantee to distribute and sell natural gas to the said city and to the residents or inhabitants thereof, and to others. As used in this ordinance the terms "natural gas" and "gas" shall be defined as including, in addition to natural gas, such alternate, substitute or supplemental fuels as (without necessarily limited to) liquefied natural gas, liquefied petroleum gas, synthetic natural gas and propane – air. (Ord. No. 54, Sec. 1.)

            4.08.02 Rights of Grantee The Grantee herein is expressly given the permit (subject to the proviso hereinafter contained) to use the streets, avenues, roads, highways, alleys, sidewalks and other public places, as now laid out, or hereafter to be established, for the purpose of laying gas mains, pipe lines, conduits and feeders, and the necessary attachments, fixtures, connections and appurtenances for the purpose of conveying or conducting natural gas from any point within the said city or to any point beyond the city limits of the said city, or to any other point, through and beyond the city limits of said city, and to operate and maintain a system of pipe lines, pipes, conduits, feeders and the necessary attachments, connections, fixtures and appurtenances for the distribution of natural gas within said city to serve the said city and the residents and inhabitants thereof, and others; provided, however, that where alleys are accessible for laying mains and pipes, the city shall have the right to require that the mains and pipes shall be laid in the alleys instead of the streets, so long as this is economically feasible (does not create an economic hardship). (Ord. No. 54, Sec. 2.)

            4.08.03 No fees for public service No fees or charges of any kind shall be imposed by Grantor upon the Grantee or upon any successors, or upon any consumer of natural gas for the breaking or opening of any highway, street, road, avenue, alley, or other public places, or for the laying of any main, service pipe or other connections therein, except as would be generally imposed on others performing similar work under similar circumstances and conditions.

            Nothing in this franchise shall be construed in such manner as to in any manner abridge the right of the city to pass and enforce the necessary police regulations for the purpose of protecting the citizens of said city and their property and the property of the Grantee.

            Grantee shall at all times keep and display the necessary danger signals and proper guards around all excavations and obstructions and shall keep sufficient space in good condition for the travel of vehicles on at least one side of all excavations and obstructions, and shall as soon as practical restore all openings on the highway, road, street, avenue, alley and other public places

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to condition equally as good as before said openings and obstructions were made. Anything to the contrary notwithstanding, when in the judgment of Grantee it is necessary for the safety of

the citizens, to divert or detour traffic from the area of excavations they have the power to so do upon notice to said city. (Ord. No. 54, Sec. 3.)

            4.08.04 City is not liable for damage   The Grantee shall do no injury to any highway, road, street, avenue, alley, lane, bridge, stream or water course, park or public place, except as specifically allowed, nor with any public or private sewer or drainage system, or water lines, now or hereafter laid or constructed by the said city or by any authorized person or corporation, but no sewer or water pipes, electric conduits, telephone or TV cables shall, be so laid as to interfere unnecessarily with any gas main or pipes which shall have been laid prior to the time of laying such electric conduits, telephone and TV cables, sewer or water pipes. The Grantee shall fully indemnify and save harmless the city from any and all claims for damage for which said city shall or might be made or become liable by reason of the granting of this franchise, or any negligence or carelessness on the part of said Grantee, or because of any act or omission of the Grantee in the construction and operation of its system of mains and pipes. (Ord. No. 54, Sec. 4.)

            4.08.05 Rates shall be prescribed Natural gas service shall be provided under the terms and conditions herein specified in pursuant to the rules and regulations of the Arkansas Public Service Commission governing utility service, as well as Grantee's rules and regulations governing natural gas service on file with the Arkansas Public Service Commission and is interpreted and enforced by grantee. All utility services shall conform with these rules and regulations, as well as any other applicable rules and regulations, federal or state laws, including but not limited to the Arkansas Plumbing Code.

            The rates which are to be charged by Grantee for natural gas service hereunder shall be those which are now lawfully approved or prescribed, and as said rates may, from time to time, be lawfully approved or prescribed by the Arkansas Public Service Commission or any successor regulatory authority having jurisdiction thereof.

            The Grantee shall have the right to make and enforce as a part of the conditions under which it will supply natural gas for heat, power, light, fuel or other purposes as herein provided, all needful rules and regulations not inconsistent with law and the provisions of this franchise.

(Ord. No. 54, Sec. 5.)

            4.08.06 Grantee shall furnish proper information The Grantee shall furnish promptly to the proper authorities any and all information which may be asked for by them in regard to the size, location or depths of any of the pipes, mains, conduits or service pipes, in any form whatsoever, and any other information in regard to its occupation of roads, highways, streets, avenues, or public grounds of said city, which they may demand. Whenever the word Grantee occurs in this ordinance, it shall mean and shall be understood to be the Arkansas Western Gas Company, its successors, lessees or assigns, and whenever the words "authorities," or "proper authorities" occur in this franchise they shall mean and shall be understood to mean the authorized officer or officers, committee or board representing the city of Johnson, Arkansas, or Grantor. (Ord. No. 54, Sec. 6.)

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4.08.07 Franchise tax During the life of this franchise the Grantee shall pay to Grantor

each year a franchise tax in an amount equal to two percent (2%) of the Grantee’s revenues before taxes for residential and commercial revenues as paid to the Grantee by residential and commercial customers located within the corporate limits of the city of Johnson. Payments shall be made by the Grantee to the Grantor in quarterly installments and Grantee shall have thirty (30) days after the end of each calendar quarter within which to make such payment. Residential and commercial gas revenues are those revenues so classified pursuant to Grantee’s uniform classification standards. Grantor shall have the right to examine and verify, from the records of the Grantee, any data relating to the gross revenues of Grantee from customers on which said franchise tax is due. In the event of a controversy between the Grantor and Grantee as to the amount of gross revenues received by Grantee in the city of Johnson upon which said tax is due, such controversy shall be referred to the Arkansas Public Service Commission, or such successor regulatory agency which may have jurisdiction over the Grantee, for final determination, and the decision of said Commission shall be binding upon both parties hereto.

            It is expressly agreed and understood by the Grantor and Grantee that the aforesaid payment shall constitute and be considered as complete payment and discharge by the Grantee, its successors and assigns, of all licenses, fees, charges, impositions or taxes of any kind (other than automobile license fees, improvement districts, special millage taxes, and the general ad valorem taxes) which are now or might in the future by imposed by the Grantor under authority conferred upon the Grantor by law. In the event such other tax or taxes are imposed by Grantor, the obligation of the Grantee set forth in 4.08.07 hereof, to pay the franchise taxes annually shall immediately terminate. (Ord. No. 54, Sec. 7.)

 

CHAPTER 4.12

TELEPHONE FRANCHISE

Sections:

            4.12.01            Franchise granted to Southwestern Bell Telephone Company

            4.12.02            Tax imposed

            4.12.03            Tax shall be in lieu of other charges

            4.12.04            Temporary moving of lines

            4.12.05            Permission to trim trees

            4.12.06            Ordinance does not require or permit electric light or power wire

attachments

            4.12.07            Exclusive privileges not given

            4.12.08            Other ordinances repealed

            4.12.09            Acceptance and effect of ordinance

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            4.12.01 Franchise granted to Southwestern Bell Telephone Company The Southwestern Bell Telephone Company, it successors and assigns (hereinafter referred to as "Telephone Company") shall continue to operate its telephone system and all business incidental to or connected with the conducting of a telephone business and system in the city of Johnson, Arkansas, (hereinafter referred to as "City"). The plant construction and appurtenances used in or incident to the giving of telephone service and to the maintenance of a telephone business and system by the Telephone Company in said city shall remain as now constructed, subject to such changes as may be considered necessary by the city in the exercise of its inherent powers and by the Telephone Company in the conduct of its business, and said Telephone Company shall continue to exercise its rights to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the business and purpose for which it is or may be incorporated may from time to time require, along, across, on, over, through, above and under all the public streets, avenues, alleys, and the public grounds and places within the limits of said city as the same from time to time may be established. (Ord. No. 2000-8, Sec. 1.)

            4.12.02 Tax imposed upon Southwestern Bell Telephone Company The Telephone Company shall pay to the City on or before March 1, 2001, for the period January 1, 2001 through December 31, 2001 inclusive and thereafter for like periods an amount determined by multiplying the number of access lines in service within the corporate limits of the City as of the last day of the preceding year by the sum of $1.57. (Ord. No. 2000-8, Sec. 2.)

            4.12.03 Tax shall be in lieu of other charges The annual payment herein required shall be in lieu of all other licenses, charges, fees or impositions (other than the usual general or special ad valorem taxes) which may be imposed by the City under authority conferred by law. The Telephone Company shall have the privilege of crediting such sums with any unpaid balance due said Company for telephone services rendered or facilities furnished to said City. (Ord. No. 2000-8, Sec. 3.)

            4.12.04 Temporary moving of lines The Telephone Company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties requesting the same, and the Telephone Company may require such payment in advance. The Telephone Company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes. (Ord. No. 2000-8, Sec. 4.)

            4.12.05 Permission to trim trees Permission is hereby granted to the Telephone Company to trim trees upon and overhanging streets, alleys, sidewalks and public places of said City so as to prevent the branches of such trees from coming in contact with the wires and cables of the Telephone Company, all the said trimming to be done under the supervision and direction of any city official to whom said duties have been or may be delegated. (Ord. No. 2000-8, Sec. 5.)

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            4.12.06 Ordinance does not require or permit electric light or power wire attachments

Nothing contained in this ordinance shall be construed to require or permit any electric light or power wire attachments by the City or for the City. If light or power attachments are desired by the City or for the City, then a separate non-contingent agreement shall be a prerequisite to such attachments. (Ord. No. 2000-8, Sec. 6.)

            4.12.07 Exclusive privileges not given Nothing herein contained shall be construed as giving to the Telephone Company any exclusive privileges, nor shall it affect any prior or existing right of the Telephone Company to maintain a telephone system within the City. (Ord. No. 2000-8, Sec. 7.)

            4.12.08 Other ordinances repealed All other ordinances and agreements and parts of ordinances and agreements relating to the operating of or right to operate a telephone system with said City are hereby repealed. (Ord. No. 2000-8, Sec. 7.)

            4.12.09 Acceptance and effect of ordinance The said Telephone Company shall have ninety (90) days from and after its passage and approval to file its written acceptance of this ordinance with the City Clerk, and upon such acceptance being filed, this ordinance shall be considered as taking effect and being in force from and after the date of its passage and approval by the Mayor. The ordinance shall continue in effect and be in force until terminated by the city or the Telephone Company as of the end of any year after giving one (1) year’s written notice of intention to terminate. (Ord. No. 2000-8, Sec. 9.)

 

CHAPTER 4.16

CABLE TELEVISION FRANCHISE

Sections:

 

            4.16.01            Definitions

            4.16.02            Grant of authority

            4.16.03            Indemnification and waiver

            4.16.04            Compliance with applicable laws and ordinances

            4.16.05            Rules

            4.16.06            Conditions on street occupancy

            4.16.07            Preferential or discriminatory practices prohibited

            4.16.08            Payment of Gross receipts taxes to City

            4.16.09            Accessibility to information

            4.16.10            Franchise term

            4.16.11            Extension of franchise

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            4.16.01 Definitions For the purpose of this ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When no inconsistent with the context, words used in the present tense include the future; words in the singular number include the plural number; and words in the masculine gender include the feminine. The word “shall” is always mandatory and not merely directory.

            City is the city of Johnson in Washington County, Arkansas, with all classifications, usages and inclusions thereof.

            City Council is the City Council of the city of Johnson, Washington County, Arkansas, or its designated representative.

            Customer is the owner of a television.

            Franchise fee is the amount paid by a Grantee to the city of Johnson, Washington County, Arkansas, as determined and calculated pursuant to this ordinance.

            Grantee is Texas Community Antennas, Inc., a corporation organized and existing under the laws of the state of Texas, which is properly licensed and registered to do business in the state of Arkansas which is the Grantee of rights under this franchise.

            Mayor is the Mayor of the city of Johnson, Washington County, Arkansas, or its designated representative.

            Person is any individual, firm, partnership, association, corporation, company or organization of any kind.

            Street is any public street, road or highway belonging to the city of Johnson, Washington County, Arkansas, the state of Arkansas, or the United States government, if it lies in or within the jurisdiction of the city of Johnson, Washington County, Arkansas.

            TCA denotes for purposes of this ordinance Texas Community Antennas, Inc., with all usages and inclusions thereof. (Ord. No. 79, Sec. 1.)

            4.16.02 Grant of authority The City hereby grants to TCA the right and privilege to construct, erect, operate and maintain in, upon, along, across, above, over and under its streets, alley, public way, places, easements, and properties, TCA’s cables, lines, necessary wiring, towers, poles, underground conduits, manholes, electronic conductors, and other fixtures necessary for the maintenance and operation of a cable television signal distribution system and service, to the extent that the City may lawfully permit the use of the above-described properties for the purposes enumerated, including, but not limited to any additional installations, excavations for underground conduits shall be filled, backpacked, to the original surface after conduit installation.

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            A.        This agreement shall be effective as to all territory in the limits of City.

B.        The City assumes no responsibility for securing any franchise, rights-of-way, permits, or easements which the City does not already own, making and maintaining of such attachments, or permission to make such attachments to the poles of others, but TCA assumes the duty and responsibility of securing the same. The permission herein granted is likewise subject to laws, ordinances and regulations now in force or which may hereafter be enacted or promulgated by any governmental body or agency having jurisdiction. City shall be in no way responsible for the construction, operation, maintenance, performance, or any other activity of TCA or its system, or any part thereof, but same must be approved by the City Council.

C.        In the event the installation of TCA’s proposed attachments would interfere with attachments already in place belonging to others, TCA shall arrange for a correction or installation that will not so interfere.

D.        TCA agrees to take any necessary precautions, by the installation of protective equipment or otherwise, to protect all persons and property against injury or damage that may result from TCA’s installations or operations. If, in City’s opinion, TCA has not taken such necessary precaution, within a reasonable time after City has so notified TCA, City shall have the right, by written notice to TCA, to terminate this contract. However, City shall not be considered in any way responsible for the adequacy or inadequacy of such precautions of TCA.

E.         The rights and privileges herein granted shall not be exclusive, the City reserving the right to make similar grants when such grant is required by the public interest, convenience and necessity. (Ord. No. 79, Sec. 2.)

4.16.03 Indemnification and waiver TCA hereby agrees to indemnify and save the City harmless from all claims, damages, and liability which would not have arisen but for the exercise by TCA of the rights and privileges herein described. TCA likewise waives all claims, damages and liability it could ever assert against the City, as to all claims, damages, and liability which would not have arisen but for the exercise by TCA of the rights and privileges herein described. (Ord. No. 79, Sec. 3.)

4.16.04 Compliance with applicable laws and ordinances TCA shall, at all time during the life of this contract, be subject to all lawful exercise of the police power by the City and to such reasonable regulations as the City shall hereafter, by valid resolution or ordinance, provide. (Ord. No. 79, Sec. 4.)

4.16.05 Rules TCA shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonable necessary to enable TCA to exercise its rights and perform its obligations under this contract, and to assure an

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uninterrupted service to each and all of its customers, provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or the laws of the state of Arkansas, nor the city ordinances, past, present, or future of the city of Johnson. (Ord. No. 79, Sec. 5.)

4.16.06 Conditions on street occupancy

A.        Use All transmission and distribution structure, lines and equipment erected by TCA within the City shall be so located as to cause minimum interference with the proper use of streets, alleys, and other public ways and places, and to cause minimum interference with the rights of reasonable convenience of property owners who adjoin any of said streets, alleys or public ways and places.

B.        Restoration In case of any disturbances of pavement, sidewalk, or driveway or other surfacing, TCA shall, at its own cost and expense and in a manner approved by the City, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced, and shall maintain the restoration in such condition, reasonable wear and tear and acts of God only excepted, for a period of one (1) year.

C.        Relocation In the event at any time during the period of this contract, the City shall elect to alter or change the grade of any street, alley or public way, or change the method or manner of use of any property or property right owned or contracted by City, then TCA, upon reasonable notice by the Mayor, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other appurtenant fixtures at its own expense.

D.        Placement of fixtures TCA shall not place poles or other fixtures where the same will interfere with any gas, electric or telephone fixture, water hydrant in main, drainage facility or sanitary sewer, and all such poles or other fixtures shall be placed as directed by City and in such manner as not to interfere with the usual travel or use of streets, alley, public ways or other properties.

E.         Temporary removal of wires for building moving TCA shall, on the request of any person holding a building permit issued by the City, temporarily raise or lower its wires and cables to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires and cables, shall be paid by the person requesting the same, and TCA shall have the authority to require such payment in advance. TCA shall be given not less than forty-eight (48) hours advance notice to arrange for each such temporary change.

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F.         Tree trimming TCA shall have the authority to trim trees upon and overhanging the streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees coming in contact with the wires and cables of TCA all such trimming to be done under the supervision and direction of the Mayor and at the expense of TCA. (Ord. No. 79, Sec. 6.)

4.16.07 Preferential or discriminatory practices prohibited

A.        TCA shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person nor subject any person to any prejudice or disadvantage, providing that nothing in this contract shall be deemed to prohibit the establishment of a graduated scale of charges and classifications would be entitled. TCA shall charge rates for such services which shall not be in excess of the rates received for the same services in the city of Springdale, Washington County, Arkansas.

B.        TCA shall, where necessary, supply any person who will contract with it for its service and pay to TCA in cash at said time (not more than) three (3) months’ advance service charge and who may make written demand therefore, extend any of its existing cables a distance of not to exceed two hundred (200) feet per customer. (Ord. No. 79, Sec. 7.)

4.16.08 Payment of Gross receipts taxes to City Within sixty (60) days following the close of each calendar year, as herein provided, TCA shall pay to the City a sum equal to two percent (2%) of the annual gross subscriber service charge revenues collected during the calendar year previous, after deducting any state and/or federal sales or gross receipt taxes, if any, on the service charges collected from basic cable services of TCA within the city of Johnson, Arkansas. Gross subscriber service charge revenues shall include all compensation or receipts derived from recurring monthly service charges collected in connection with the carriage of broadcast signals or Federal Communications Commission mandated non-broadcast services, but shall not include any refunds or credits made to subscribers or any taxes imposed on the services furnished by TCA. Nor shall it include revenue from “auxiliary services” such as pay television, advertising or leased channels or satellite tier services. (Ord. No. 79, Sec. 8.)

4.16.09 Accessibility to information The City shall have access at all reasonable hours to TCA’s system maps, contracts and engineering information, and the customer service records and customer billing information. TCA shall file a yearly report showing gross service charge revenues received by TCA during the preceding calendar year, which report shall be duly sworn to, and shall be the basis for calculating the two percent (2%) charge provided for in 4.16.08 hereof. Payment due to the City under 4.16.08 shall be paid within sixty (60) days following the expiration of the first full calendar year of TCA’s operations in the City, and thereafter, annually as provided in 4.16.08 hereof. (Ord. No. 79, Sec. 9.)

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4.16.10 Franchise term This franchise shall take effect and be in full force from and after approval by the Mayor and City Council of the city of Johnson, Washington County, Arkansas, the same shall continue in full force and effect for a primary term of twenty (20) years from the date of final passage of this ordinance.

Grantee is also herewith given authority to transfer this franchise and its respective terms, conditions and rights thereto to its successors, transferees, representatives, and assigns, subject to the prior approval by the Mayor and City Council of the city of Johnson, Washington County, Arkansas, and such approval shall not be unreasonably withheld. (Ord. No. 79, Sec. 10.)

4.16.11 Extension of franchise Ord. No. 79 is hereby extended for one additional ten (10) year period beginning December 10, 2005 and ending December 9, 2015. (Ord. No. 2005-10, Sec. 2.)

 

CHAPTER 4.20

AMBULANCE SERVICES

Sections:

 

            4.20.01            Approved

            4.20.02            Authority organization

            4.20.03            Purposes, powers, rights, obligations and responsibilities

            4.20.04            Financing and training

            4.20.05            Term

            4.20.06            Transfer of ownership of equipment

            4.20.07            Definitions

           

            4.20.01 Approved The City Council of the city of Johnson, Arkansas, hereby approves the Interlocal Agreement for Ambulance Services attached as Exhibit A, authorizes the Mayor to sign this agreement, and designates the Ambulance Authority created by this agreement to operate Central Emergency Medical Services as the exclusive emergency and non-emergency ambulance services provider throughout Johnson and every other city which is a party to this agreement as broadly as authorized in A.C.A. 14-266-102 and 105. (Ord. No. 2008-3, Sec. 1.)

            4.20.02 Authority organization

A.        One individual selected by each entity shall represent said entity on the Board of Directors of the Authority to be known as the Washington County Regional Ambulance Authority.

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1.         Each Board member shall serve a term of three (3) years and be eligible to serve two (2) consecutive terms.

2.         The initial term of each Board member shall be determined by the drawing of lots or similar method so as to provide staggered terms.

B.        The Board shall meet on no less than on a quarterly basis to transact all business associated with the powers and responsibilities conferred upon it. However, the Board shall reserve to itself the right to meet on whatever basis it determines is appropriate.

C.        The Board shall employ an executive director to manage a regional ambulance system.

D.        In order to ensure maximum efficiency and effectiveness of the operation, an executive committee shall be formed to be charged with the oversight of the day-to-day operation of the system. The members of said executive committee shall be as follows:

1.         The county board appointee who shall reside in the unincorporated service area;

2.         The Fayetteville City Council appointee;

3.         A second Fayetteville appointee (both City Council appointees shall serve at the pleasure of the City Council and can be removed and replaced by different representatives by City Council resolution);

4.         A small city appointee to be chosen by the aforestated cities, excluding the city of Fayetteville;

5.         A nursing home or medical profession representative who shall reside in the city of Fayetteville to be chosen by the county appointee, the Fayetteville appointees, and the small city appointee;

6.         A hospital representative who shall reside in the city of Fayetteville to be chosen by the county appointee, the Fayetteville appointees, and the small city appointee;

7.         A representative of the financial community residing in the service area to be chosen by the county appointee, the Fayetteville appointees and the small city appointee. (Ord. No. 2008-3, Art. 1)

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            4.20.03 Purposes, powers, rights, obligations and responsibilities

A.        All parties acknowledge that the need to create an entity to own, operate and manage an ambulance service is necessary and appropriate.

B.        The Authority created herein shall have the following powers:

1.         To provide advanced life support emergency ambulance service in the designated area;

2.         To provide emergency medical dispatch including pre-arrival instructions in accordance with approved dispatch protocols;

3.         To set ambulance user fees;

4.         To own system revenues;

5.         To provide exclusive emergency and non-emergency (within the cities only) ambulance service;

6.         To enter into mutual aid and automatic aid agreements with neighboring ambulance services for emergency services;

7.         Comprehensive regulatory powers over the ambulance system performance;

8.         Ownership of or access to key components of the system infrastructure;

9.         Centralize medical direction and clinical oversight of the ambulance system to the extent deemed necessary;

10.       To promulgate rules and regulations to further effectuate the purposes of this agreement;

11.       To own and dispose of real and personal property;

12.       To adopt and oversee comprehensive system performance on an annual basis to include periodic revisions to comply with emerging technologies and changes in clinical and operational standards.

C.        Washington County Regional Ambulance Authority’s specific duties The Authority created herein shall have the following specific duties and responsibilities in addition to the statutory and administrative requirements of 14-266-109, the Arkansas Medical Practices Act, and any other government or professional standards.

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1.         The Authority shall continue to meet all existing minimum performance standards within Fayetteville as stated in the current city of Fayetteville Contract for Emergency Medical Transport Services with CEMS except as to quarterly reports to the city of Fayetteville. (A copy of this contract is attached as Exhibit A.)

2.         Reporting requirements

a.         Fayetteville On the third Tuesday of July each year, the Washington County Regional Ambulance Authority by the two Fayetteville representatives on the Executive Committee shall appear before the Fayetteville City Council to present:

(1)        The written annual, audited report of the previous year’s financial and response data reports;

(2)        A written report of the financial and response data for the first half of the current year;

(3)        Plans and projections to replace or enlarge capital property and equipment within the next 18 months;

(4)        Plans and justifications for any personnel increases within the next 18 months; and

(5)        Revenue/expense projections for the next 18 months.

b.         Any other member of this Authority Upon written request by any other member of this Authority, the Board member representing that entity shall provide the full written and oral report referred to in (a) so that city or to the county during its regular July or August meeting. (Ord. No. 2008-3, Art. 2.)

            4.20.04 Financing and training

A.        All parties acknowledge that the need for a guaranteed revenue source independent of and in addition to fees for service is necessary in order to ensure the continued viability of said service.

B.        The annual regional ambulance service-funding source for all parties of this Agreement shall be based upon the most recent federal census including any special census.

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All parties shall continue to pay the same dollar amount as each paid in 2010 throughout the second five (5) year term of this renewal.

                        2000 census or            Subsidy 2009-             Subsidy 2012-

                                    special                         2011                            2016

____________________________________________________________

Farmington                  3,605              $14,420                     $14,420

Prairie Grove               3,367              $13,468                     $13,468

Elkins                          2,223                 $8,892                        $8.892

Johnson                       3,326                 $6,652                        $6.652

Goshen                           752                 $3,008                        $3,008

Greenland                      947                 $3,788                        $3,788

Lincoln                        2,059                 $8,236                     $8,236

Winslow                         399                 $1,596                        $1,596

West Fork                   2,042                $8,168                        $8,168

Fayetteville                 67,158             $270,000                     $270,000

County-rural                37,201             $561,000                     $561,000

Total                                                    $899,228                     $899,228

The First Amendment to Interlocal Agreement for Ambulance Services, as attached hereto, is approved and the Mayor and City Clerk are authorized to sign such and the payments called for therein are authorized to be paid from the funds budgeted for ambulance services. (Ord. No. 2011-7, Sec. 1.)

C.        The Authority shall continue to seek a sustainable funding source with the goal of reducing subsidies proportionately across the board.

D.        Except as stated above, no party to this Agreement may be financially obligated without the approval of its governing body.

E.         All governing bodies party to this Agreement must approve any increases in subsidy.

F.         A percentage of these funds shall be set aside for replacement of capital items.

G.        The ambulance service owned or under contract with the Authority shall be required to provide, at o additional charge, the Arkansas Department of Health 24 hour basic refresher course to all EMT certified firefighters that act as first responders with said ambulance service.

H.        The financing provided by the parties hereto shall be from general revenues; furthermore, the financing and this Agreement are contingent upon compliance with A.C.A. 20-13-301, et seq., by the county and all the parties will cooperate to

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the extent necessary in complying with such. The parties shall receive credit for payments already made to CEMS in 2008 for this year’s annual subsidy commitment. (Ord. No. 2008-3, Art. 3.)

            4.20.05 Term This initial term of this agreement shall be from the date that all parties have agreed to this Interlocal Agreement through December 31, 2011. This agreement shall be automatically renewed with possible changes to Article 3 Financing for an additional five-year term unless any party notifies the Authority in writing of its refusal to participate in the Authority and this Agreement by September 1, 2011. All parties agree to consider the effects of the 2010 decennial federal census upon the division of the county sales tax between the county and cities and the proportional changes of the populations of the cities and the unincorporated portions of Washington County and make any adjustment or amendments advisable and necessary to Article 3 to ensure financial viability of the Authority and fairness for all parties. A second automatic renewal shall occur on December 31, 2016, unless any party notifies the Authority in writing of its refusal to participate in the Authority and this Agreement by September 1, 2016. A substantial review of the financial status of the Authority and all parties should occur in 2021 after the 2020 federal decennial census and prior to further renewals of this Agreement.

            Not withstanding the above terms, all parties to this Agreement may withdraw from this Agreement upon six (6) months’ written notice to the Authority and shall only be responsible to pay its per capita fee for that portion of the year. (Ord. No. 2008-3, Art. 4.)

            4.20.06 Transfer of ownership of equipment Property currently owned by any party that is transferred to the Washington County Regional Ambulance Authority shall be returned to that party or purchased from that party at its fair market value if such party terminates its membership from the Authority and withdraws from this Agreement by July 1, 2011, after giving its six (6) month’s notice. All property and resources of the Washington County Regional Ambulance Authority purchased during its existence or owned by it on July 2, 2011, or thereafter shall remain the Authority’s exclusive property throughout the Authority’s existence. (Ord. No. 2008-3, Art. 5.)

            4.20.07 Definitions

            Ambulance authority Quasi-governmental entity created to oversee and deliver ambulance service in a specified geographical service area.

            Ambulance service Emergency and non-emergency transport services offered by the Authority, including management, supervision, mass gathering and community events.

            Exclusivity Sole provider emergency and non-emergency ambulance rights granted by ordinance or resolution by each party to the extent allowed by state law.

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            Per capita Funding structure set forth by this Agreement based on population. Cities contribute at $4.00 per capita due to the increased number of calls generated within their city limits. The county contributes at $15.50 per capita due to the increased coverage area and decreased density of call volume in the unincorporated areas of the county. No reduction of any entity’s gross subsidy shall occur during first term of this Agreement.

            Subsidy Government funds requested by the Authority to provide ambulance service.

            User fees Fees charged to patients treated or transported by the ambulance service, or fees charged to an individual or an organization for ambulance standby coverage. (Ord. No. 2008-3.)

 

CHAPTER 4.24

OCCUPATIONAL LICENSES

Sections:

 

            4.24.01            Requirement

            4.24.02            Application

            4.24.03            Business owners

            4.24.04            More than one business

            4.24.05            Filed

            4.24.06            Signed

            4.24.07            Fees paid

            4.24.08            Expiration

            4.24.09            Zoning

            4.24.10            Location

            4.24.11            Nuisance

            4.24.12            Inspections

            4.24.13            License posted

            4.24.14            License fee

            4.24.15            Not transferable

            4.24.16            Employee

            4.24.17            Exemptions

            4.24.18            Penalty

            4.24.19            Conflict with statutes

            4.24.01 Requirement A license shall hereafter be required of any person, firm, individual or corporation who shall engage in, carry on, or follow any trade, business, profession, vocation or calling, within the corporate limits of the city of Johnson, Washington County, Arkansas. (Ord. No. 157, Sec. 1.)

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            4.24.02 Application Applications for all licenses required by this ordinance shall be made in writing to the Recorder/Treasurer. Each application shall state the name of the applicant, the location to be used, if any, the time covered and the fee to be paid, and each application shall contain such additional information as may be needed for the proper guidance of the city officials in issuing the license applied for. (Ord. No. 157, Sec. 2.)

            4.24.03 Business owners Any person, partnership, corporation or other entity shall be subject to the requirements of this ordinance if by himself or through an agent, employee or partner, he holds himself forth as being engaged in a business or occupation; or solicits patronage therefore, actively or passively; or performs or attempts to perform any part of such business or occupation in the city. (Ord. No. 157, Sec. 3.)

            Due to increased services being provided to businesses dealing with controlled beverages, an enhanced license fee to be determined from time to time by proper resolution of the City Council, shall be charged to any person, firm, partnership, LLC, corporation, trust or other legal entity who shall engage in, carry on, or follow any trade, business, profession, vocation or calling within the corporate limits of the city of Johnson (as such limits may from time to time be amended) which manufactures, transports, stores, handles, receives, distributes, sells, serves or dispenses, either at wholesale or retail, any controlled beverage, including wine, shall pay an annual fee as established for either a liquor business license or a beer/light wine business license.

            For purposes of this ordinance the following definitions shall control:

            Alcoholic beverages means all intoxicating liquors of any sort, other than beer or wine.

            Beer means any fermented liquor made from malt or any similar substance and having alcohol content not in excess of 5% or less than one-half of 1% by weight.

            Controlled beverages means all beverages of any kind subject to regulation under any alcoholic beverage control law of the state of Arkansas and this ordinance.

            Light wine means the fermented juices of grapes, berries, or fruits and any other mixture containing the fermented juice of grapes, berries, or fruits, having an alcoholic content between one-half of 1% and 5% alcohol by weight.

            Malt beverage products means any liquor of brewed from the fermented juices of grain having an alcoholic content of not less than 5% nor more than 21% by weight.

            Malt liquor means liquor brewed from the fermented juices of grain.

            Spirituous means liquor distilled from the fermented juices of grains, fruits, or vegetables containing more than 21% alcohol by weight, or any other liquids that contain more than 21% alcohol by weight.

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            Vinous means the fermented juices of fruits containing more than 5% and not more than 21% alcohol by weight. (Ord. No. 2011-13, Sec. 3.)

            4.24.04 More than one business Any person, partnership, corporation or other entity having more than one place of business within the city shall obtain a license for each place of business. For the purpose of construing this ordinance, more than one place of business shall mean any business operations conducted within two or more separate buildings or upon two or more separate tracts of real estate. (Ord. No. 157, Sec. 4.)

            4.24.05 Filed All applications required hereunder shall be kept and filed by the Recorder/Treasurer. (Ord. No. 157, Sec. 5.)

            4.24.06 Signed Each license issued shall bear the signature of the Recorder/Treasurer. (Ord. No. 157, Sec. 6.)

            4.24.07 Fees paid All fees and charges for licenses shall be paid at the time application therefore is made to the Recorder/Treasurer. When an applicant has not engaged in the business until after the expiration of part of the current license year, the license fee shall be prorated by quarters and the fee paid for each quarter or fraction thereof during which the business has been or will be conducted. All license fees shall become part of the city General Fund. (Ord. No. 157, Sec. 7.)

            4.24.08 Expiration All licenses shall terminate on December 31 of each year and the annual license fee which shall be due and payable on January 1 of each year. The Recorder/Treasurer shall publish a notice in a newspaper of general circulation in the city of the time of expiration of the city licenses, three (3) weeks prior to the date of such expiration. Provided that a failure to publish such notice, or the failure of the licensee to have actual knowledge of such notice shall not excuse the licensee from a failure to obtain a new license, or a renewal thereof, nor shall it be a defense in an action for operation without a license. (Ord. No. 157, Sec. 8.)

            4.24.09 Zoning No license shall be issued for the conduct of any business if the premises and building to be used for the purpose do not fully comply with the requirements of the city. No such license shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinance of the city. (Ord. No. 157, Sec. 9.)

            4.24.10 Location The location of any licenses business or occupation, or of any permitted act, may be changed, provided, ten (10) days’ notice thereof is given to the Recorder/Treasurer, in the absence of any provision to the contrary, provided that the building, zoning, and other ordinances of the city of Johnson are complied with. (Ord. No. 157, Sec. 10.)

            4.24.11 Nuisance No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact. (Ord. No. 157, Sec. 11.)

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            4.24.12 Inspections Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto for the purpose of making the inspection any officer or employee of the city who is authorized or directed to make such inspections at any reasonable time admission is requested. (Ord. No. 157, Sec. 12.)

            4.24.13 License posted It shall be the duty of any person conducting a licensed business in the city to keep his license posted in a prominent place on the premises used for such business at all times. The holder of a license shall show the license to any officer or agent of the city upon request. (Ord. No. 157, Sec. 13.)

            4.24.14 License fee

A.        The fee to be charged for business licenses not dealing with controlled beverages issued pursuant to Ord. No. 157, as amended by Ord. No. 2007-18 and 2011-13, for the year 2012 and thereafter shall be Thirty Dollars ($30.00) per annum until such time as changed by the City Council.

B.        The fee to be charged for business licenses for entities dealing with controlled beverages as explained in Ord. No. 2011-13, for the year 2012 and thereafter shall be One Hundred Fifty Dollars ($150.00) per annum until such time as changed by the City Council. (Ord. No. 2012-6, Sec. 1.)

            4.24.15 No transferable A license issued under this ordinance shall not be transferable. (Ord. No. 157, Sec. 15.)

            4.24.16 Employee An employee, for the purpose of construing this ordinance only, is any partner, corporate officer or other individual who receives any direct or indirect compensation from any entity subject to the licensing under 4.24.03 of this ordinance.

Exception: The sole proprietor of any unincorporated business is not an employee within the meaning of this ordinance and shall not be counted for the purpose of computing the number of employees upon which the amount of any license fee shall be based. (Ord. No. 157, Sec. 16.)

            4.24.17 Exemptions The following existing ordinances are not affected by the provisions contained herein:

A.        Ordinances licensing, regulating or controlling the operation of mobile home parks.

B.        Any franchise ordinance specifically including, but not being limited to, utilities, sanitation service, and telephone service. (Ord. No. 2011-13, Sec. 2.)

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4.24.18 Penalty Any person violating any provision of this ordinance, upon conviction shall be fined a sum of not less than the amount of the license fee provided for, nor more than double such amount for each offense. Each day of violation shall constitute a separate and distinct offense. (Ord. No. 157, Sec. 18.)

4.24.19 Conflict with statutes This ordinance shall not be construed to alter, change, or regulate in any unlawful way any business, trade, occupation, profession or vocation regulated or governed by the laws of the state of Arkansas when such laws are in conflict with the provisions herein contained. (Ord. No. 157, Sec. 19.)

 

CHAPTER 4.28

NO KNOCK LIST

Sections:

           

4.28.01            Definitions

4.28.02            Duties of Recorder-Treasurer

4.28.03            Principle permit

4.28.04            Permit for peddlers/solicitors

4.28.05            Duties of peddler or solicitor

4.28.06            Prohibition when signs are posted

4.28.07            Hours restricted

4.28.08            Penalty

4.28.09            Exemptions

4.28.10            Revocation of permits

4.28.11            Suspension/revocation procedure

4.28.01 Definitions The following words, terms and phrases and their derivations, when used in this ordinance, shall have the meanings ascribed to them below, except where the context clearly indicates a different meaning:

City means city of Johnson, Arkansas.

Peddler means any person who goes upon the premises of any private residence in

the city, not having been invited by the occupant thereof, carrying or transporting goods, wares merchandise or personal property of any nature and offering the same for sale.

Peddling includes all activities ordinarily performed by a peddler as indicated in the previous paragraph.

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Principle means the person or other legal entity whose goods, merchandise,

personal property or services are being peddled or solicited.

Solicitor means any person who goes upon the premises of any private residence

in the city, not having been invited by the occupant thereof, for the purposes of taking or intending to take orders for the sale of goods, wares, merchandise or other personal property of any nature for future delivery, or for sendees to be performed in the future.

Solicitation or soliciting includes all activities ordinarily performed by a solicitor as indicated in the previous paragraph.

Violation of this ordinance/code means:

A.        Doing an act that is prohibited or made or declared unlawful herein.

B.        Failure to perform an act that is required to be performed by this ordinance.

C.        In this code "violation of this ordinance/code" does not include the failure of

a city officer or city employee to perform an official duty, unless it is provided

that failure to perform the duty is to be punished as provided in this section.

D.        If a violation of this ordinance/code is also a misdemeanor under state law,

the penalty for the violation shall be as prescribed by state law for the state

offense.

E.         The imposition of a penalty does not prevent revocation or suspension of a

license, permit or franchise.

F.         Violations of this code that are continuous with respect to time, are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent equitable relief. (Ord. No. 2012-5, Sec. 1.)

4.28.02 Duties of Recorder-Treasurer The Recorder-Treasurer is hereby directed to prepare and maintain a list of the names and addresses of all residents of the city who desire no peddling or soliciting at their residence. The said residents of the city who desire for their name to be placed on this list may do so by contacting the Recorder-Treasurer in person, by phone, by mail, or via the city website. The No Knock List shall expire at the end of each calendar year. Each resident must register every year. Beginning on November 1, residents may register for the following year. The Recorder-Treasurer will ensure that the "Do Not Knock" list will be updated every thirty (30) days.

49.1

4.28.03 Principle permit No peddling or solicitation shall be conducted within the city without a principle permit being issued. The cost for the principle to obtain a principle's permit is

Forty Dollars ($40.00), and shall be paid to the Recorder-Treasurer before any peddling or soliciting is conducted within the city. The permit shall expire on December 31 the year the permit is issued. In addition to the principle's permit, the principle must also comply with the

city's occupational license requirements under Title 4 of the Johnson Municipal Code.

To obtain a permit, a representative of the principle shall provide to the Recorder-

Treasurer a written, signed application stating:

A.        The name, address, telephone number, type of organization, and contact person for the principle applicant;

B.        The nature of the products or sendees involved;

C.        The proposed method of operation in the city;

D.        A list of persons who will peddle or solicit in the city on behalf of the principle in the city. (Ord. No. 2012-5, Sec. 3.)

4.28.04 Permit for peddlers/solicitors In addition to the principle's permit, each peddler or solicitor acting for the principle shall also obtain a permit from the Recorder-Treasurer before peddling or soliciting within the city. The cost to obtain a peddler/solicitor permit is Five Dollars ($5.00). In applying for the permit, each applicant shall provide the following to the Recorder-Treasurer or her designee:

A.        The name of the principle for whom they are going to act as a peddler or solicitor;

B.        The name, address, and telephone number of the person who is going to act as a peddler or solicitor, and in addition, they must also possess and present a government issued photo identification and an ID badge issued by their principle to be displayed while soliciting or peddling within the city;

C.        Each person applying to be a peddler/solicitor must attest under oath that he/she has not been convicted of any felonies, or any misdemeanors involving theft, sexual offenses, or drug offenses. No person shall be issued a permit as a peddler or solicitor that has been convicted of any of the offenses set out herein; and,

D.        A criminal background check must be performed by the Johnson Police Department verifying that the peddler/solicitor has not been convicted of any felonies, or any misdemeanors involving theft, sexual offenses, or drug offenses. No person shall be issued a permit as a peddler or solicitor that has been convicted of any of the offenses set out herein." (Ord. No. 2013-6, Sec. 1.)

49.2

4.28.05 Duties of peddler or solicitor Each person peddling or soliciting within the city shall have a copy of their permit issued by the Recorder-Treasurer, photo identification visible,

which is provided by the principle, identifying the person peddling or soliciting, and a copy of the most recent "Do Not Knock" list. It is a violation of this ordinance for the person peddling or soliciting to not have a copy of their permit, photo identification as described above, and a copy of the most recent "Do Not Knock" list. It shall be unlawful for any peddler or solicitor to remain on the property of another when requested to leave, or to otherwise conduct business in a manner which a reasonable person would find obscene, threatening, intimidating or abusive.

It shall be unlawful for any peddler or solicitor to make any false or misleading statements about the product or service being sold, including untrue statements of endorsement. No peddler or solicitor shall claim to have the endorsement of the city solely based on the city having issued a permit, license or certificate to that person. (Ord. No. 2012-5, Sec. 5.)

4.28.06 Prohibition when signs are posted It shall be unlawful and a violation of this ordinance/code for any person, while conducting the business of a peddler or solicitor, to enter upon any residential premises in the city where the owner, occupant or person legally in charge of the premises has posted, at the entry of the premises or at the entry of the principle building on the premises, a sign bearing the words "no peddlers," "no solicitors," "no trespassing," or words of similar import. (Ord. No. 2012-5, Sec. 6.)

4.28.07 Hours restricted No person while conducting the activities of peddler or solicitor shall enter upon any private residence, knock on doors, or otherwise disturb persons in their residence between the hours of 8:00 p.m. and 10:00 a.m. (Ord. No. 2012-5, Sec. 7.)

4.28.08 Penalty Any violation of this ordinance shall be deemed a nuisance and punishable by a fine of not less than Ten Dollars ($10.00) nor more than Seventy-Five Dollars ($75.00) for a first offense and not less than Fifty Dollars ($50.00) nor more than One Hundred Fifty Dollars ($150.00) for a second or subsequent offense, plus costs of the action. (Ord. No. 2012-5, Sec. 8.)

4.28.09 Exemptions The following shall be exempt from the provisions of this

ordinance:

A.        Officials, officers or employees of the city, county, state or federal government or any agency or subdivision thereof when on official business;

B.        Charitable, religious, non-profit organizations, any political campaign on behalf of (or in opposition to) any political issue or any candidate for public office or other similar civic, charitable or non-profit organization. However this exemption category is not exempt from Section 4.28.07 concerning prohibited times. (Ord. No. 2013-6, Sec. 2.)

49.3

4.28.10 Revocation of permit Any permit issued pursuant to the provisions of this

ordinance may be suspended or revoked for good cause by the City Council as provided herein. Good cause for such suspension or revocation shall include, but is not limited to:

A.        The existence of unsanitary conditions, noise, disturbances, or other conditions at, near or in the premises which causes or tends to create a public nuisance, which may injuriously affect the public health, safety or welfare, or which unnecessarily affects the adequate allocation of public safety resources;

B.        The commission of, or permitting or causing the commission of, any act in the operation of the business which is prohibited by any ordinance, rule or law of the city, state or federal government;

C.        Fraudulent practices and misrepresentation in the operation of the business;

D.        Concealment or misrepresentation in procuring the business license or the solicitation permits;

E.         The business for which the license has been issued is unlawful or is prohibited by any ordinance, code, rule or law of the city, state or federal government;

F.         The permit was issued by mistake or is in violation of any of the provisions of this ordinance; or

G.        The premises to conduct said business has been condemned, declared a fire hazard or declared unsafe for business occupancy pursuant to applicable building, property maintenance, or fire codes. (Ord. No. 2013-6, Sec. 3.)

4.28.11 Suspension/revocation procedure

A.        The City Council, on its own motion or initiative, or upon the written complaint of any person or city staff, may, by resolution set a hearing date, time and location to determine whether good cause exists to suspend or revoke a permit issued pursuant to this ordinance.

B.        As soon as practical after passage of the resolution setting the hearing date and, in any event, not less than ten (10) business days prior to the hearing date, a notice of the hearing, along with a copy of the resolution setting the hearing date, shall be served by certified mail with return receipt requested, to the person holding

the business license at the address shown on the business license application and such notice and resolution shall also be hand delivered to permittee at the address shown on the permit application, if the person is present. If the person is not present, the notice and resolution shall be posted in a conspicuous location on the property at the address on the permit application.

49.4

C.        The notice and resolution shall inform the licensee/permittee of the allegations which constitute the basis for the hearing, and shall provide that the licensee/permittee will be given the opportunity to appear and be heard at the hearing.

D.        At the hearing, the City Council will make a determination as to whether good cause exists to suspend or revoke the permit. This determination shall be made only after the licensee/permittee has been afforded a reasonable opportunity to be heard on the issue.

E.         In the event the City Council finds good cause to suspend the permit, it shall have the authority to place reasonable conditions and restrictions on the licensee/permittee during the suspension period. Any violation of these conditions and restrictions shall result in the revocation of the permit.

F.         In the event the City Council finds that good cause exists to revoke the permit, the City Council shall, by ordinance, revoke the permit and shall direct the Recorder-Treasurer to notify the permitee of the revocation of the permit, and to direct to permittee to immediately cease all business activity in the city. Notice shall

be completed in accordance with subsection (b) herein.

G.        Any person conducting business activity in violation of a revoked or suspended permit shall be punishable by those penalties prescribed Section 4.28.08 of this ordinance, and each contact/transaction shall constitute a separate and punishable

offense,

H.        Any business or person who has had a permit revoked pursuant to the provisions of this ordinance shall not be eligible for another permit until the business or person has complied with the requirements of Section 4.28.03 and 4.28.04 of this ordinance and has obtained City Council approval before a new permit may be

considered.

49.5