§ 25-152. Permits for collection of artifacts; vandalism of archaeological sites on water supply reservoirs; penalties for violations.

(a)

No person shall direct, cause or participate in any activity of gathering or collection of artifacts or other items of personalty from any designated archaeological or historical site located on the water supply reservoirs of the city without first obtaining a permit therefor.

(b)

The permit required by subsection (a) above may be obtained through the following application and issuance procedure. Application shall:

(1)

Be in writing.

(2)

Be directed to the city administrator, or his designated agent.

(3)

Specify the location for which permission is sought.

(4)

Specify the duration of the period of time for which permission is sought.

(5)

Identify the archaeological experience of the person requesting permission.

(6)

Contain a written agreement of the person requesting permission that the permittee will deposit with the public institution identified in the application all artifacts and other items of personalty recovered from any collection activities undertaken pursuant to the permit.

Any permit issued pursuant to such permitting procedures shall be in writing and bear the signature of the city administrator, or designated agent.

(c)

In reviewing and making determinations regarding the issuance of such permits, the city administrator, or his designated agent, may give consideration to the archaeological experience of the potential permittee. Any person who has been certified as an archaeologist by the Society of Professional Archaeologists shall be prima facially assumed to have requisite archaeological experience, unless the city administrator, or his designated agent, issues in writing all bases for nonissuance of the permit as it relates to archaeological experience. Any public institution identified in such a permit application which is shown to meet the curation standards as issued in The State Plan for the Conservation of Archaeological Resources in Arkansas shall be prima facially assumed to be a proper institution to meet the requirements of the permitting procedures set forth in subsection (b) above. However, the city administrator, and his designated agent, are not limited to such institutions in approving an appropriate public institution listed in an application, nor are the city administrator, or his agent, compelled to approve any such institution provided that, in either instance, the city administrator, or his designated agent, place in writing their reasons for approval of a public institution not so listed or their reasons for disapproval of a public institution so listed.

(d)

It is declared to be unlawful for any person to direct, cause or participate in an unauthorized gathering or collection activity as described in subsection (b) above; it is further determined to be unlawful for any person to damage, destroy or otherwise vandalize any designated archaeological or historical site, or items of personalty located therein, located on any water supply reservoir of the city; and it is further determined to be unlawful for any person holding a permit issued pursuant to subsection (b) of this section to fail to abide by the agreement contained in the application for such permit in which the permittee agreed to deposit recovered artifacts or other items of personalty in a designated public institution. Any person determined to be guilty of a violation of one (1) or more of the provisions of the first sentence of this subsection shall be deemed guilty of a misdemeanor and shall be subject to a fine as described in section 1-9 of this Code.

(Code 1976, § 31-43)