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Ordinance 2016-07

ORDINANCE NO. 2016- 07 

AN ORDINANCE AMENDING THE JOHNSON NO KNOCK ORDINANCE NO. 2013-06 ALSO KNOWN AS CHAPTER 4.28 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 can be 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. 20 13 -06 amended Ordinance No. 2012-05 so as to better accomplish its legitimate purposes and goals;

WHEREAS, Ordinance No. 2013-06, as experience has now shown, needs to be further refined to better accomplish its legitimate purposes and goals;

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

Section 1:   As of the effective date of this Ordinance, Section 4.28.11 of Chapter 4.28 of Title 4 of the Johnson Municipal Code is amended to read as follows:

Section 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 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 Principal Permit at the address shown on the applicable application, and /or the person holding the Solicitor/ Peddler Permit.

c) The notice and resolution shall inform the licensee, permitee of the allegations which constitute the basis for the and shall provide that theLicensee//permitee 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 / permitee 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 /permitee 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 the permitee 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."

Section 2:        In all other respects, Chapter 4.28 is not amended or modified and is hereby ratified and confirmed.

PASSED AND APPROVED this 12th day of April, 2016.

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