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HomeMy WebLinkAboutOrdinance 6811113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6811 File Number: 2024-701 CHAPTER 10.99 GENERAL PENALTY (AMENDMENT): AN ORDINANCE TO AMEND § 10.99 GENERAL PENALTY OF THE CODE OF FAYETTEVILLE TO REPEAL (13)(3) AND AMEND (C) WORKING OUT OF FINES WHEREAS, the General Penalty Provision of the Code of Fayetteville, § 10.99 needs to be amended to remove references to the closed City Jail; and WHEREAS, § 10.99 (C) Working out offines needs to be amended to reflect that such voluntary public service work will be administered by the County Sheriff. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 10.99 (B) Imprisonment to enforce fine by repealing subsection (3) in its entirety. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 10.99 (C) Working out of fines by repealing it in its entirety and enacting a replacement (C) as follows: "(C) Working out of fines. Fines imposed for violation of any section of the Code of Fayetteville may be discharged by the offender by voluntarily working out the fine by public service administered by the Washington County Sheriff pursuant to A.C.A. § 16-90-108." TR�ii i ��G . •�,\T Y PASSED and APPROVED on November 19, 2024 �:. • ��` FAYETTEVILLE •�' 9 � Attest: : ,s .••��`�� i y ••...• ��� Shelton, SeniefDeputy City Clerk This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 110, q U Page 1 Office of the City Clerk Treasurer Kara Paxton — City Clerk Treasurer Jackson Shelton — Senior Deputy City Clerk OF 4AYETTF 1 i 0 µM .. 4 RKAN SPS 113 W. Mountain Street, Suite 308 Fayetteville, Arkansas 72701 Phone: 479.575.8323 cityclerk@fayetteville-ar.gov Departmental Correspondence To: Lioneld Jordan, Mayor From: Kara Paxton, City Clerk Treasurer'��G CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton & Chief Financial Officer Paul Becker Date: November 8, 2024 RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure Mayor Lioneld Jordan, Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you should these dates change. The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also encouraged me to utilize telework options in the weeks following the initial surgery week. He also stated that should I need to physically come to work, I need to park as close to the building as possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning. In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24- hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence. As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for official purposes only. Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature. Please notify the Accounting Department that check requests will be reviewed and signed by Ms. Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for approving purchase requests submitted November 11th — November 15th, 2024. Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton has been with our office for almost 2 years now and has consistently impressed me by going above and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully manage the office while I am out. M/10 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 19, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO 2024-701 THRU: Kit Williams, City Attorney FROM: Kit Williams, City Attorney SUBJECT: AN ORDINANCE TO AMEND § 10.99 GENERAL PENALTYOF THE CODE OF FAYETTEVILLE RECOMMENDATION: AMEND § 10.99 GENERAL PENALTY OF THE CODE OF FAYETTEVILLE TO REPEAL (13)(3) AND AMEND (C) WORKING OUT OF FINES BACKGROUND: The General Penalty Provision of the Code of Fayetteville, § 10.99 needs to be amended to remove references to the closed City Jail. § 10.99 (C) Working out of fines needs to be amended to reflect that such voluntary public service work will be administered by the County Sheriff. DISCUSSION: BUDGET/STAFF IMPACT: N/A ATTACHMENTS: Amendments For 10.99 General Penalty Provision Of Fayetteville Code (#3) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-701 AN ORDINANCE TO AMEND § 10.99 GENERAL PENALTYOF THE CODE OF FAYETTEVILLE AN ORDINANCE TO AMEND § 10.99 GENERAL PENALTY OF THE CODE OF FAYETTEVILLE TO REPEAL (B)(3) AND AMEND (C) WORKING OUT OF FINES WHEREAS, the General Penalty Provision of the Code of Fayetteville, § 10.99 needs to be amended to remove references to the closed City Jail; and WHEREAS, § 10.99 (C) Working out of fines needs to be amended to reflect that such voluntary public service work will be administered by the County Sheriff. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 10.99 (B) Imprisonment to enforce fine by repealing subsection (3) in its entirety. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 10.99 (C) Working out of fines by repealing it in its entirety and enacting a replacement (C) as follows: "(C) Working out of fines. Fines imposed for violation of any section of the Code of Fayetteville may be discharged by the offender by voluntarily working out the fine by public service administered by the Washington County Sheriff pursuant to A.C.A. § 16-90-108." Page 1 191 OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan City Council Kara Paxton, City Clerk/ Treasurer CC: Paul Becker, Chief Financial Officer Susan Norton, Chief of Staff Mike Reynolds, Police Chief FROM: Kit Williams, City Attorney DATE: October 28, 2024 Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal RE: Amendments needed for § 10.99 General Penalty Provision of the Fayetteville Code I notified the City Council many years ago when the state law changed and more than doubled the maximum amount of fines that cities could request municipal judges to assess for code violations. However, no Council Member at that time wanted to bring forward an amendment to our General Penalty provision to match the new maximum fine amounts. Last year a Council Member requested that I draft an amendment to the General Penalty provision to match the state law maximums. While reviewing § 10.99 General Penalty to draft the requested increased range of fines, I saw two subsections that referred to the City Jail which we fortunately no longer operate. I included amendments to correct this along with the new maximum range for fines. However, the Council Member never approved that possible ordinance for City Council consideration. Today, I would like to go forward for the needed corrections to the General Penalty provision on my own since this is not a policy decision, but a correction of the Code because of the closing of the City Jail. Attached is my proposed ordinance to properly amend § 10.99 to remove these out of date provisions. ORDINANCE NO. AN ORDINANCE TO AMEND § 10.99 GENERAL PENALTY OF THE CODE OF FAYETTEVILLE TO REPEAL (13)(3) AND AMEND (C) WORKING OUT OF FINES WHEREAS, the General Penalty Provision of the Code of Fayetteville, § 10.99 needs to be amended to remove references to the closed City Jail; and WHEREAS, § 10.99 (C) Working out of fines needs to be amended to reflect that such voluntary public service work will be administered by the County Sheriff. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 10.99 (B) Imprisonment to enforce fine by repealing subsection (3) in its entirety. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 10.99 (C) Working out offines by repealing it in its entirety and enacting a replacement (C) as follows: "(C) Working out of fines. Fines imposed for violation of any section of the Code of Fayetteville may be discharged by the offender by voluntarily working out the fine by public service administered by the Washington County Sheriff pursuant to A.C.A. § 16- 90-108." PASSED and APPROVED this 191h day of November, 2024. APPROVED: ATTEST: LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer CivicClerk No.: 2024- AGENDA REQUEST FORM FOR: Council Meeting of November 19, 2024 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND § 10.99 GENERAL PENALTY OF THE CODE OF FAYETTEVILLE TO REPEAL (13)(3) AND AMEND (C) WORKING OUT OF FINES APPROVED FOR AGENDA: `f Kit Williams Date FAYETTEVILLE CODE OF ORDINANCES 10.99 TITLE I GENERAL PROVISIONS 10.17 Ordinances Which Amend Or Supplement Code (A) If the City Council shall desire to amend any existing chapter, section, or subsection of this Code, the chapter, section, or subsection shall be specifically repealed and a new chapter, section, or subsection containing the desired amendment, substituted in its place. (B) Any ordinance which is proposed to add to the existing Code a new chapter, section, or subsection shall indicate, with reference to the arrangement of this Code, the proper number of such chapter, section, or subsection. In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance. (C) A statutory reference following the text of the section indicates that the reader should refer to that statute for further information. (Code 1991, §10.17) 10.18 Authority The provisions contained within the Code of Fayetteville including the Unified Development Code formerly, currently or hereinafter enacted are based upon, derive authority from and. are enacted pursuant to any and all of the power and authority conferred upon cities by the Arkansas Constitution and by the Arkansas General Assembly through its statutes, including, but not limited to, all of Title 14 Local Government of the Arkansas Code specifically including but not limited to Subchapter 6, Power Over Municipal Affairs of Chapter 43 Government of Cities of the First Class, Chapter 54 Powers of Municipalities, Chapter 55 Ordinances of Municipalities, and Chapter 56 Building and Zoning Regulations; Chapter 75, Municipal Sales and Use Taxes of Title 26 Taxation; Title 3, Alcoholic Beverages and any and all other state statutes or constitutional provisions that provide any authority to the City of Fayetteville to enact ordinances, codes, or regulations within or referenced by the Code of Fayetteville. No specific reference to authority within any code section excludes the general authority of all state law and this section. (Ord. No. 5477, 1-17-12) r/cr Co,�t 6 e r— ✓161t 10.19-10.98 Reserved 10.99 General Penalty (A) Maximum penalties permitted. (1) The city shall not inflict any fine or penalty, by ordinance or otherwise, to a greater sum than $500.00 for any one specified offense or violation of a bylaw or ordinance, or double that sum for each repetition of such offense or violation. (2) If a thing prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof, in violation of the bylaw or ordinance, shall not exceed $250.00 for each day that it may be unlawfully continued. CD10:7 10.99 FAYETTEVILLE CODE OF ORDINANCES TITLE I GENERAL PROVISIONS (3) If any bylaw or ordinance provides for an y greateprovided in this section, it shall and may be lawfulr inanysu tltor prosecution or forfeiturefor than e recovery thereof, to reduce it to such amount as shall be deemed reasonable and Proper and to permit a recovery or render a judgment for such amount as authorized. (4) Notwithstanding the foregoing, violations of City of Fayetteville discharge and ment regulations, codified at 9 pretreat - penalties as provided in §51.083 Administrative Enforcement R1-087, shall be e eect i potentially higher ju- dicial Enforcement Remedies, as required by federal law. Remedies and §51.084 (B) Imprisonment to enforce fine. (1) When a fine has been imposed for the violation of any of the ordinances of the city and is not paid, the party convicted shall, by order of the Fayetteville District Judge or other Proper authority or on process issued for the purpose, be committed until the fine and costs of prosecution shall be paid, or the party discharged by due course of law. (2) Any person convicted of a repeated and willful violation of any ordinance, who shall refuse or neglect to pay the fine imposed and the cost of prosecution, by like order or Process, shall be imprisoned and kept in confinement for any term not exceeding thirty (30) days. (3) All persons imprisoned in the Fayetteville City Jail shall be under the charge of the Chief Of Police. All persons imprisoned in the County Jail shall be under the charge of the le O cello, County Sheriff. The Chief of Police or County Sheriff shall receive and discharge the person in such manner as shall be prescribed by the ordinances of the city and state statutes by due course of law. (C) Working out of fines. Fines imposed for violation of ordinances may be discharged by the offender voluntarily working out the fine upon the streets or facilities of the city. The Chief of Police shall give credit to such offenders at rates no less than those in A.C.A. §16-90-108 (D) Suit for recovery of fines, etc. (1) Fines, penalties, and forfeitures, in all cases and in addition to any other mode provided, may be recovered by suit or action before any court of competent jurisdiction, in the name of this city and for its use. (2) In all cases of violation of any of its ordinances, this city, in addition to any other provided by law, shall have the right to recover in a civil action the amount of the lowest penalty or fines provided in the ordinance for each violation or, where the offense is in its nature continuous in respect to time, for each day's violation thereof, and also the amount of any license which the person guilty of the violations was required by any such ordinance to take out. (E) Disposition of fines. All fines and penalties imposed by the city, police, or District Court in this city shall be paid into the city treasury. (Code 1991, §10.99; Ord. No. 5739, 2-17-15) UM..B Form v1.54 NWA a Account#: NWCL5004205 RECEIVE© Company: CITY OF FAYEFI'EVILLE-CLERKS OFFI 113 W MOUNTAIN NOV 2 6 2024 FAYETTEVILLE,AR 72701 CITY OF FAYETTEVILLE Ad number#: 459128 CITY CLERKS OFFICE PO#: Matter of: ORD 6811 AFFIDAVIT•STATE OF ARKANSAS Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that 1 was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6811 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$110.96. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 11/24/24;NWA nwaonline.com 11/24/24 \\\\\Gy BRgS1/4/, Legal Clerk :'°� AJv�+�` OT A Sebastian U Y cr•N ma State of ARKANSAS,County of . = c` Pu g�1G o Subscribed and sworn to before me on this 25th day of November, 2024 s��°%, �, Q; c OTARY PUBLIC Ordinance:6811 File Number:2024-701 CHAPTER 10.99 GENERAL PENALTY(AMENDMENT): AN ORDINANCE TO AMEND§ 10.99 GENERAL PENALTY OF THE CODE OF FAYETTEVILLE TO REPEAL(B)(3)AND AMEND(C) WORKING OUT OF FINES WHEREAS, the General Penalty Provision of the Code of Fayetteville,§10.99 needs to be amended to remove references to the closed City Jail;and WHEREAS,§10.99(C)Work- ing out of fines needs to be amended to reflect that such voluntary public service work will be administered by the County Sheriff. NOW,THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends § 10.99(B)Imprisonment to en- force fine by repealing subsec- tion(3)in its entirety.Section 2: That the City Council of the City of Fayetteville,Arkansas hereby amends§10.99(C)Working out of fines by repealing It in its en- tirety and enacting a replace- ment(C)as follows: "( )Working out of fines. Fines imposed for violation of any section of the Code of Fayetteville may be discharged by the offender by voluntarily working out the fine by public service administered by the Washington County Sheriff pur- suant to A.C.A.§16-90-108." PASSED and APPROVED on November 19,2024 Approved: Lloneld Jordan,Mayor Attest: Jackson Shelton Senior Deputy City Clerk This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:$110.96 November 24,2024 459128