CITY OF
FAYETTEVILLE
OFFICE OF THE PROSECUTING ATTORNEY
CLINTON
K. JONES
140 W.
Rock
CITY PROSECUTOR
FAYETTEVILLE, ARKANSAS 72701
W. Brant Warrick
PHONE:
(501) 575-8377
DEPUTY CITY PROSECUTOR
(501) 575-8378
May 16 2000 (501) 575.8374
(501) 575-8375 FAX #: (501) 575-8373
June 13,2000
John La Tour
First Place, Suite 560
Fayetteville, AR 72701
Mr. La Tour:
I have reviewed your letter dated May 26,2000, and have spoken Mr. Estes and Mr. McKimmey regarding the current situation. After having reviewed the infonnation obtained at those times, it remains our position that the fluctuating sign in the front window of Sprint Tax violates City Ordinance 174.08B. The difficulty with said sign, as perceived by this office, is not its existence, I' but rather that said sign is currently set to fluctuate messages and change illumination throughout ~ the day. Based upon the infonnation that you provided, this office does not seek the removal of , said sign, but is prepared to issue a criminal summons in this matter should the sign continue to fluctuate. If, however, the message on the sign remains static, i.e. does not move, change color, alternate messages or between words and the time, or change in any fashion during each 24 hour period, then it is our position that the specific sign would not violate the ordinance and the matter would not be subjected to criminal prosecution.
In the spirit of good faith, our office does not intend to seek a summons should you avail yourself of the opportunity to correct the violation by eliminating the fluctuation from said sign within two days from the date of your receipt of this letter. Failure to comply will result in a criminal summons issuing. Your prompt attention to this matter is greatly appreciated.
Respectfully,
W. Brant Warrick
Deputy City Prosecutor
WBW
cc: M. McKimmey