Table Of Content

Code Arkansas OF 1987 Annotated SUPPLEMENT 2011 VOLUME 9 Place in pocket of bound volume Prepared by the Editorial Staffofthe Publisher Under the Direction and Supervision ofthe ARKANSAS CODE REVISION COMMISSION Senator David Johnson, Chair Senator Sue Madison Representative John Vines Representative Darrin Williams Honorable Bettina E. Brownstein Honorable Don Schnipper Honorable David R. Matthews Honorable Stacy Leeds, Dean, University ofArkansas at Fayetteville, School ofLaw Honorable John DiPippa, Dean, University ofArkansas at Little Rock, School ofLaw Honorable Warren T. Readnour, SeniorAssistant Attorney General Honorable Marty Garrity, Assistant Director for Legal Services of the Bureau ofLegislative Research LexisNexis (fP © Copyright 1999, 2001, 2003, 2005, 2007, 2009, 2011 BY The State ofArkansas All Rights Reserved LexisNexis andthe KnowledgeBurstlogo areregisteredtrademarks, andMichieis atrademark ofReedElsevierPropertiesInc. usedunderlicense.MatthewBenderisaregisteredtrademarkof Matthew BenderProperties Inc. For information about this Supplement, see the Supplementpamphlet for Volume 1 5049919 ISBN 978-0-327-10031-7 (Code set) ISBN 978-0-327-11470-3 (Volume 9) IP* LexisNexis® Matthew Bender & Company, Inc. 701 East Water Street, Charlottesville, VA 22902 www.lexisnexis.com (Pub.40604) TITLE 14 LOCAL GOVERNMENT (CHAPTERS 54-103 IN VOLUME 10; CHAPTERS 104-182 IN VOLUME 11A; CHAPTERS 183-295 IN VOLUME 11B; CHAPTERS 296-387 IN VOLUME 12) SUBTITLE GENERAL PROVISIONS 1. CHAPTER GENERAL PROVISIONS. 1. PUBLIC RECORDS GENERALLY. 2. SUBTITLE COUNTYGOVERNMENT 2. CHAPTER. COUNTY GOVERNMENT CODE. 14. 15. OFFICERS. POWERS OF COUNTIES GENERALLY. 16. COUNTY PLANNING. 17. 19. COUNTY BUILDINGS. QUORUM OR LEVYING COURTS. 20. COUNTY FUNDS. 21. COUNTY PURCHASING PROCEDURES. 22. 23. CLAIMSAGAINST COUNTIES. COUNTYWARRANTS. 24. 25. COUNTYACCOUNTINGAND RESPONSIBLE MANAGEMENT ENTITY. WORKERS' COMPENSATION. 26. 27. COUNTY INTERGOVERNMENTAL COOPERATION COUNCILS. SUBTITLE MUNICIPAL GOVERNMENT 3. CHAPTER. 37. CLASSIFICATION OF CITIESAND TOWNS. 38. INCORPORATIONAND ORGANIZATION OF MUNICIPALITIES. 40. ANNEXATION, CONSOLIDATION, AND DETACHMENT BY MUNICIPALI- TIES. 41. ADDITIONS TO CITIESAND INCORPORATED TOWNS. 42. GOVERNMENT OF MUNICIPALITIES GENERALLY. 43. GOVERNMENT OF CITIES OF THE FIRST CLASS. 44. GOVERNMENT OF CITIES OF THE SECOND CLASS. 45. GOVERNMENT OF INCORPORATED TOWNS. 47. CITY MANAGER FORM OF MUNICIPAL GOVERNMENT. 48. CITYADMINISTRATOR FORM OF MUNICIPAL GOVERNMENT. 51. CIVIL SERVICE FOR POLICEAND FIRE DEPARTMENTS. 52. MUNICIPAL POLICE DEPARTMENTS. 53. MUNICIPAL FIRE DEPARTMENTS. 14-1-101 LOCAL GOVERNMENT 2 SUBTITLE GENERAL PROVISIONS 1. CHAPTER 1 GENERAL PROVISIONS subchapter, 1. Sport Shooting Ranges and Facilities. 2. Flags. 3. Adult-Oriented Businesses in Proximityto Locations Frequented by Children. — Subchapter 1 Sport Shooting Ranges and Facilities SECTION. 14-1-101. Sport shooting ranges and sports facilities. 14-1-101. Sport shooting ranges and sports facilities. A (a) sport shooting range or sports facility that is not in violation of a state law or an ordinance of a local unit of government prior to the enactment ofanew ordinance ofalocal unit ofgovernmentaffectingthe range or facility may continue to operate even if, at or after the time of enactment of the new ordinance affecting the range or facility, the operation is not in compliance with the new ordinance. (b) No new ordinance of a local unit ofgovernment shall prohibit a sport shootingrange or sports facility that is in existence onAugust 12, 2005, from doing any of the following within its existing geographic boundaries: (1) Repairing, remodeling, or reinforcing any building or improvement as may be necessary in the interest ofpublic safety or to secure the continued use ofthe building or improvement; (2)(A) Reconstructing, repairing, rebuilding, orresumingthe use ofa facility orbuildingdamagedbyfire, collapse, explosion, act ofnature, or act ofwar occurring after August 12, 2005. (B) The reconstruction, repair, or rebuilding shall be completed within one (1) year following the date ofthe damage or settlement of any property damage claim. Ifreconstruction, repair, or rebuilding is not completed within one (1) year, the reconstruction, repair, or rebuilding may be terminated in the discretion of the local unit of government; (3) Expanding or enhancing its membership or opportunities for public participation; or (4) Reasonably expanding or increasing facilities or activities. (c) Except as otherwise provided in this section, this section shall not prohibit a local unit of government from regulating the location and construction ofa sport shooting range or sports facility. (d) As used in this section: (1) "Local unit ofgovernment" means a county, city ofthe first class, city ofthe second class, or incorporated town; 3 GENERAL PROVISIONS 14-1-202 (2) "New ordinance" also includes an ordinance or an amendment to an existing ordinance; (3) "Sport shooting range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting; and (4)(A) "Sports facility" means a baseball field, basketball court, gymnasium, golfcourse, soccer field, swimming pool, tennis court, or other facility for recreational sports. (B) "Sports facility" does not include a facility for go-carts, motor- cycles, motor vehicles, or other motorized conveyances. History. Acts 2005, No. 1011, § 1. — Subchapter 2 Flags SECTION. SECTION. 14-1-201. Definitions. 14-1-204. Liability for costs and attor- 14-1-202. Localgovernmentmaynotpro- ney*s fees. hibit the flying ofthe flag ofthe United States. 14-1-203. Private entitymaynotprohibit the flyingofthe flagofthe United States. « 14-1-201. Definitions. As used in this subchapter: (1)(A) "FlagoftheUnited States"means theflagoftheUnited States made offabric, cloth, orpaper suitable fordisplayfrom apole orstaff, or in a window, and with dimensions not larger than ten feet (10') in length or eight feet (8') in width. (B) "Flag of the United States" does not mean a depiction or emblem ofthe flag ofthe United States made in or oflights, paint, roofing, siding, paving materials, flora, balloons, or any other similar building, landscaping, or decorative components; (2) "Legal right" means the freedom ofuse and enjoyment generally exercised by the owners and occupiers ofland; and (3) "Local government" means: A (A) county; A (B) city ofthe first class or city ofthe second class; (C) An incorporated town; or (D) Any other district or political subdivision or any board, commission, or agency ofthese political subdivisions. History. Acts 2003, No. 1106, § 1. 14-1-202. Local government may not prohibit the flying of the flag ofthe United States. A (a) local government shall not adopt any ordinance, regulation, or policy that prohibits or restricts a resident from properly displaying a 14-1-203 LOCAL GOVERNMENT 4 flag of the United States on the resident's person, property, or motor vehicle unless the flag is used as, or in conjunction with, an advertising display. (b)(1) This section shall not prevent a local government from impos- ing reasonable restrictions as to the time, place, and manner of displaying the flag of the United States when necessary for the preservation ofthe public's health and safety or the public order. (2) No restrictions solelyto promote aesthetic considerations shallbe imposed under subdivision (b)(1) ofthis section. History. Acts 2003, No. 1106, § 2. RESEARCH REFERENCES U.Ark. LittleRock. L. Rev. Surveyof StatesFlag,26U.Ark.LittleRock.L. Rev. Legislation, 2003 Arkansas General As- 434. sembly, Local Government, FlyingUnited 14-1-203. Private entitymaynot prohibit the flyingofthe flagof the United States. (a) Except as provided in subsection (b) of this section, no person, homeowners' association, property owners' association, or otherprivate entity shall adopt any rule, regulation, or policy or shall enter into any agreement or protective covenant that prevents any person or private entity that would otherwise have the legal right to properly display a flag ofthe United States on private propertyfrom exercisingthat right. (b)(1) Display ofthe flag may be restricted ifthe flagis used as, or in conjunction with, an advertising display. (2) This section shall not apply to: (A) Landlords of private rental property who operate fewer than twelve (12) rental units; and (B) Property owned by churches or religious organizations. History. Acts 2003, No. 1106, § 3. 14-1-204. Liability for costs and attorney's fees. Aprevailing party in an action to enforce the legal right to fly a flag of the United States shall be entitled to recover the court costs and reasonable attorney's fees incurred. History. Acts 2003, No. 1106, § 4. — Subchapter 3 Adult-Oriented Businesses in Proximity to Locations Frequented by Cihldren SECTION. SECTION. 14-1-301. Findings andlegislativeintent. 14-1-303. Locationofadult-orientedbusi- 14-1-302. Definitions. nesses. 5 GENERAL PROVISIONS 14-1-302 SECTION. SECTION. 14-1-304. County and municipal ordi- 14-1-306. Criminal penalties. nances. 14-1-307. Exceptions. 14-1-305. Civil action. 14-1-301. Findings and legislative intent. (a) The purpose of this subchapter is to establish requirements governing the location ofadult-oriented businesses in order to protect the public health, safety, and welfare and to prevent criminal activity. (b) Based on evidence of the adverse secondary effects of adult- orientedbusinesses andonfindings discussedin cases, includingCityof Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002), Erie v. PAPs A.M., 529U.S. 277 (2000), CityofRentonv. PlaytimeTheatres, Inc., 475 U.S. 41 (1986), and Young v. American Mini Theatres, 427 U.S. 50 (1976), the General Assembly finds that: (1) Adult-oriented businesses, as a category ofcommercial land uses, are associated with a wide variety ofadverse secondary effects, includ- inganegative impact on surroundingproperties, personal andproperty crime, illicit drug use and trafficking, lewdness, prostitution, potential spread ofdisease, and sexual assault; (2) Adult-oriented businesses should be separated from schools, playgrounds, places ofworship, andotherplaces frequentedbychildren to minimize the impact of the secondary effects of the adult-oriented businesses on schools, playgrounds, places ofworship, and other places frequented by children; and (3)(A) There is a substantial government interest in preventing each ofthenegative secondaryeffects describedin subdivision (b)(1) ofthis section. (B) The substantial government interest exists independently of any comparative analysis between adult-oriented businesses and nonadult-oriented businesses. History. Acts 2007, No. 387, § 1. 14-1-302. Definitions. As used in this subchapter: (1) "Adult arcade" means any place where the public is permitted or invited and where a still or motion picture machine, projector, or other image-producing device is: (A) Coin-operated or slug-operated or electronically, electrically, or mechanically controlled; and (B) Maintained to show an image or images involving a specific sexual activity or a specific anatomical area to a person in a booth or viewing room; (2) "Adult bookstore or video store" means a commercial establishment that offers for sale or rent any of the following as one (1) of its principal business purposes: 14-1-302 LOCAL GOVERNMENT 6 A (A) book, magazine, periodical or other printed matter, photo- graph, film, motion picture, videocassette, reproduction, slide, or othervisual representation that depicts or describes a specific sexual activity; or (B) An instrument, a device, or paraphernalia that is designed for use in connection with a specific sexual activity; (3) "Adult cabaret" means any nightclub, bar, restaurant, or other similar commercial establishment that regularly features a: (A) Person who appears in a state ofnudity or who is seminude; (B) Live performance that is characterized by the exposure of a specific anatomical area or a specific sexual activity; or (C) Film, motion picture, videocassette, slide, or other photographic reproduction that is characterized by the depiction or description of a specific sexual activity or a specific anatomical area; (4) "Adult live entertainment establishment" means an establishment that features either a: (A) Person who appears in a state ofnudity; or (B) Live performance that is characterized by the exposure of a specific anatomical area or a specific sexual activity; (5) "Adult motion picture theater" means a commercial establishment in which for any form of consideration a film, motion picture, videocassette, slide, or other similar photographic reproduction characterized by the depiction or description ofa specific sexual activity or a specific anatomical area is predominantly shown; (6) "Adult-oriented business" means an adult arcade, an adult bookstore or video store, an adult cabaret, an adult live entertainment establishment, an adult motion picture theater, an adult theater, a massage establishment that offers adult services, an escort agency, or a nude model studio; (7) "Adult theater" means atheater, a concerthall, an auditorium, or a similar commercial establishment that predominantly features a person who appears in a state of nudity or who engages in a live performance thatis characterizedbythe exposure ofa specific anatomical area or a specific sexual activity; (8) "Child care facility" means a facility that is licensed by the Division of Child Care and Early Childhood Education ofthe Depart- ment of Human Services to provide care or supervision for minor children; (9) "Escort" means a person who: (A) For consideration agrees or offers to act as a date for another person; or (B) Agrees or offers to privately model lingerie or to privately perform a striptease for another person; (10) "Escort agency" means a person or business association that furnishes, offers to furnish, or advertises the furnishing ofan escort as one (1) of its primary business purposes for any fee, tip, or other consideration; (11) "Local unit ofgovernment" means a city ofthe first class, a city ofthe second class, an incorporated town, or a county; 7 GENERAL PROVISIONS 14-1-302 (12) "Massage establishment that offers adult services" means an establishment that offers massage services characterized by an empha- sis on a specific sexual activity or a specific anatomical area; (13) "Nude", "nudity", or"state ofnudity" means anyofthe following: (A) The appearance ofa human anus, human genitals, or a female breast below a point immediately above the top ofthe areola; or (B) A state of dress that fails to opaquely cover a human anus, human genitals, or a female breast below a point immediately above the top ofthe areola; (14)(A) "Nude model studio" means a place where a person who appears in a state ofnudityorwho displays a specific anatomical area is observed, sketched, drawn, painted, sculptured, photographed, or otherwise depicted by another person for money or other consideration. (B) "Nude model studio" does not include a proprietary school that is licensed by this state, a college, community college, or university that is supported entirely or in part by taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college, or university that is supported entirely or in part by taxation, or a structure containing an establishment to which the following apply: (i) A sign is not visible from the exterior of the structure and no other advertising appears indicating that a nude person is available for viewing; (ii) A person must enroll at least three (3) days in advance of a class in order to participate; and (iii) No more than one (1) nude or seminude model is on the premises at a time; (15) "Park" means any area primarily intended for recreational use that is dedicated or designated by any federal, state, or local unit of government, local agency or entity, or any private individual, business, or group including any land leased, reserved, or held open to the public for use as a park; (16) "Place of worship" means a structure where persons regularly assemble for worship, ceremonies, rituals, and education relating to a particular form ofreligious beliefand which a reasonable person would conclude is a place ofworship by reason of design, signs, or architec- tural features; (17) "Playground" means any: (A) Public park or outdoor recreational area with play equipment installed and designed to be used by children; and (B) Outdoor recreational area with play equipment installed that is owned and operated by a charitable organization or a business; (18) "Public library" means: A (A) city library established under § 13-2-501 et seq.; A (B) county library established under § 13-2-401 et seq.; A (C) joint city-countylibrary established under § 13-2-401 et seq. or § 13-2-501 et seq.; and 14-1-303 LOCAL GOVERNMENT 8 (D) Any otherlibrary system established under § 13-2-401 et seq., § 13-2-501 et seq., or § 13-2-901 et seq.; (19) "Recreational area or facility" means an area or facility open to the public for recreational purposes; (20) "Residence" means a permanent dwelling place; (21) "School" means a public or private elementary, secondary, char- ter, or postsecondary school; (22) "Seminude" means a state ofdress for which clothing covers no more than the genitals, the pubic region, and a female breast below a point immediately above the top ofthe areola, as well as portions ofthe body that are covered by supporting straps or devices; (23) "Specific anatomical area" means any ofthe following: (A) Ahuman anus, genitals, pubic region, or a female breastbelow a point immediately above the top of the areola that is less than completely and opaquely covered; or (B) Male genitals in a discernibly turgid state if less than completely and opaquely covered; (24) "Specific sexual activity" means any ofthe following: (A) A sex act, actual or simulated, including an act of human masturbation, sexual intercourse, oral copulation, or sodomy; or (B) Fondling or other erotic touching of a human genital, a pubic region, a buttock, an anus, or a female breast; and (25) "Walking trail" means a pedestrian trail or path primarily used for walking but also for cycling or other activities. History. Acts 2007, No. 387, § 1. 14-1-303. Location of adult-oriented businesses. (a) An adult-oriented business shall not be located within one thousand feet (1,000') of a child care facility, park, place of worship, playground, public library, recreational area or facility, residence, school, or walking trail. (b) For the purposes of this section, the measurement required in subsection (a) of this section shall be made in a straight line in all directions, without regard to interveningstructures or objects, from the nearest point on the property line of a parcel containing an adult- oriented business to the nearest point on the property line of a parcel containing a child care facility, park, place of worship, playground, public library, recreational area orfacility, residence, school, orwalking trail. (c) An adult-oriented business lawfully operating in conformity with this section is not inviolation ofthis section ifa child care facility, park, place of worship, playground, public library, recreational area or facility, residence, school, or walking trail subsequently locates within one thousand feet (1,000') ofthe adult-oriented business. History. Acts 2007, No. 387, § 1.