Title
RESOLUTION DECLARING A MORATORIUM ON THE ENFORCEMENT OF CERTAIN PROVISIONS OF ORDINANCE 16-2006-ORD PERTAINING TO DEMONSTRATIONS OCCURING AT THE INTERSECTION OF ALABAMA HIGHWAY 59 AND U.S. HIGHWAY 98
Summary
Description of Topic: (who, what, where, when, why and how much)
Budgetary Impact:
Non-Capital Item:
____ Budgeted under account #_______________ (discussion item)
____ Not budgeted, requesting transfer of $__________ from Account #______________ to Account #_____________.
____ Not budgeted requiring increase to account #___________ in the amount of $____________.
Capital - Departmental
____ Budgeted under account #______________ for $___________ and described in budget as __________________________________.
Additional amount needed, if any: Increase in budget of $_____________ OR, transfer of $___________ from Account #____________ to Account #_______________
____ Not Budgeted - account #____________ requires budget increase of $_____________.
Capital Project - **THE PRE-PROJECT CHECKLIST AND BUDGET CHECKLIST MUST BE ATTACHED TO THIS FILE**
In current year Capital Projects Plan:
_____ Yes, planned amount $___________, requesting $_________ as total project estimate, including contingencies, under account #_________________
_____ No, requesting $___________ as total project estimate, including contingencies, under account #____________________
Body
WHEREAS, the Mayor and City Council adopted Ordinance 16-2006-ORD on March 22, 2016 concerning the regulation of the use of public rights-of-way in the City of Foley; and
WHEREAS, Section 2 B of the Ordinance addressed demonstrations occurring at the intersection of Alabama Highway 59 and U.S. Highway 98 in downtown Foley; and
WHEREAS, it was the concern of the Mayor and City Council that due to the physical layout of this intersection, the vehicular traffic at this intersection, and the concern for the safety of pedestrians, demonstrators and patrons of businesses in the area that demonstrations were not safe at that intersection; and
WHEREAS, concerns have been raised by citizens and individuals concerning constitutional protection for Free Speech and the Free Exercise of Religion; and
WHEREAS, the Mayor and the City Council for the City of Foley want to ensure that those concerns and complaints are considered; and
WHEREAS, the Mayor and Council believe it necessary and proper to preserve the status quo by adopting a moratorium with respect to the enforcement of Section 2 B of Ordinance 16-2006-ORD.
NOW, THEREFORE BE IT RESOLVED, by the Mayor and City Council for the City of Foley as follows:
SECTION 1: A moratorium is placed on the enforcement by the City of Section II B of Ordinance 16-2006-ORD.
SECTION 2: This moratorium shall be enforce for at least one hundred (120) days and after which time the moratorium may be ended by action of the City Council of the City of Foley, Alabama.
SECTION 3: This Resolution shall become effective immediately upon its adoption as required by law.