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Ordinance 2013-06

AN ORDINANCE AMENDING THE JOHNSON NO KNOCK ORDINANCE NO. 2012-05 ALSO KNOWN AS CHAPTER 4.50 OF TITLE 4 OF THE JOHNSON MUNICIPAL CODE

 

WHEREAS, Ordinance No. 2012-05 established a no—knock list in order to preserve the peace and sanctity of residents.


WHEREAS, Ordinance No 2012-05 also provided a procedure whereby legitimate door to door peddlers and solicitors are registered by the City to protect them from others who would abuse the residents and disparage the reputation of legitimate peddlers and solicitors.


WHEREAS, Ordinance No. 2012-05, as experience has now shown, needs to be refined to better accomplish its legitimate purposes and goals.


NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF JOHNSON ARKANSAS, That,


Section 1: That as of the effective date of this Ordinance Section 4.50.04 of Chapter 4.50 of Title 4 of the Johnson Municipal Code is amended to read as follows:


"Section 4.50.04


Permit for Peddlers/Solicitors. In addition to the Principal's permit, each peddler or solicitor acting for the Principal 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 $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 Principal 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 Principal 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."


Section 2: That as of the effective date of this Ordinance Section 4.50.13 of Chapter 4.50 of Title 4 of the Johnson Municipal Code is hereby amended to read as follows:

 

"Section 4.50.13


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 4.50.09 concerning prohibited times."


Section 3: That as of the effective date of this Ordinance Section 4.50.15 of Chapter 4.50 of Title 4 of the Johnson Municipal Code is hereby amended to read as follows:

 

"Section 4.50.15


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."

 

Section 4: That as of the effective date of this Ordinance Section 4.50.20 Suspension/Revocation Procedure is hereby added to Chapter 4.50 of Title 4 of the Johnson Municipal Code:

 

"Section 4.50.20


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 handdelivered 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.


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 4.50.10 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 4.50.03 and 4.50.04 of this ordinance and has obtained City Council approval before a new permit may be considered."

 

Section 5: That in all other respects Chapter 4.50 is not amended or modified and is hereby ratified and confirmed.

 

PASSED AND APPROVED this 9th day of April , 2013

 

APPROVED:
BUDDY CURRY. Mayor

ATTEST:

JENNIFER ALLEN, Recorder-Treasurer