Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Public Safety Law topic
No spam. Unsubscribe anytime.
Council introduces expanded loitering ordinance for city parking facilities; attorney warns next steps required
Summary
Council heard a presentation on a proposed citywide loitering ordinance that focuses on parking facilities and school grounds, debated First Amendment and probable-cause language, and voted to advance the ordinance after staff said a second reading is required.
The Fayetteville City Council received a staff presentation and then voted to advance a proposed, expanded loitering ordinance that would add city parking facilities and school grounds to existing loitering restrictions and embed a warning requirement and specific constitutional exceptions.
Assistant City Attorney Robert Randolph said the current code section (17-22) is limited to drug-related loitering and public spaces; the proposed ordinance would broaden coverage to include city parking facilities, school grounds and some transportation facilities while retaining a maximum class 3 misdemeanor penalty (up to $500) and adding options for community service at the court's discretion.
Key legal protections in the draft include a mandatory warning before a citation is issued, listed First Amendment exceptions and a probable-cause standard for enforcement, Randolph said. He also recommended staff training, coordination with the Office of Community Safety and the homelessness task force, a suggested 30-day public-notice grace period and signage in city parking facilities.
Council debate centered on how the ordinance would be enforced in practice. Councilmember Benavente warned about over-policing and the downstream costs of increased citations; Mayor Coleman and others said the measure would give law enforcement a preventative tool for recurring problems in parking decks and downtown facilities. Police Chief Ryan was invited to help craft enforcement procedures; Randolph said enforcement details and procedures would be worked out with the police department.
Vote and next steps: Councilmember Thompson moved adoption of the comprehensive citywide ordinance and it carried on council's vote. Randolph cautioned that the draft ordinance would be introduced at this meeting and that a second reading is required before final adoption; staff proposed training and a 30-day grace period between notice and enforcement.
Ending: Staff will continue consultations with the police department, downtown stakeholders and community partners and return with a finalized text for the required second reading.
