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City of Fayetteville
File #: 25-4860    Version: 1 Name: Proposed Loitering Ordinance
Type: Consent Status: Agenda Ready
File created: 8/12/2025 In control: City Council Regular Meeting
On agenda: 8/25/2025 Final action:
Title: Adopt Proposed Loitering Ordinance - Second Reading
Attachments: 1. Clean Proposed Loitering Ordinance, 2. Redlined Proposed Loitering Ordinance, 3. Current Loitering Ordinance
TO: Mayor and Members of City Council

THRU: Lachelle H. Pulliam, City Attorney

FROM: Sony? Randolph, Assistant City Attorney

DATE: August 25, 2025

RE:Title
Adopt Proposed Loitering Ordinance - Second Reading
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COUNCIL DISTRICT(S):
Council District(s)
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Relationship To Strategic Plan:
Goal 1: Safe & secure community
Objective 1.2: To ensure traffic and pedestrian safety
Objective 1.3: To ensure low incidence of property and violent crime.

Executive Summary:
This proposed loitering ordinance was introduced at the August 4, 2025 Work Session and is before Council today for adoption. This version removes a provision from the general loitering section and adds a civil penalty that may be enforced instead of criminal prosecution.

This memorandum recommends the adoption of a comprehensive city-wide loitering ordinance to address escalating public safety concerns and property damage in city-owned facilities, particularly parking structures. The proposed ordinance would replace the current limited drug-related loitering provision with broader regulations covering all city-owned or operated parking facilities and public spaces. The ordinance establishes clear guidelines for legitimate use, provides law enforcement with necessary tools to address problematic behavior, and includes appropriate constitutional protects for lawful assembly. Implementation requires no additional city funding while providing enhanced public safety measures and property protection.



Background:
The City currently maintains a limited loitering ordinance that only addresses loitering related to drug use and sales. City-owned or operated parking facilities are designed for the temporary parking of vehicles by employees, visitors, and businesses conducting legitimate city business. These facilities have experienced increased unauthorized use that compromises public safety and results in property damage.

Recent incidents in the downtown parking deck hav...

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