HomeMy WebLinkAboutOrdinance 1448 ORDINANCE NO, . 1448 q ' u' a . A L �„o
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE
CITY OF FAYETTEVILLE , ARKANSAS; ESTABLISHING THE SAME ; PROVIDING FOR
THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN , EXCEPT AS
HEREIN EXPRESSLY PROVIDED ; PROVIDING FOR THE EFFECTIVE DATE OF SUCH
CODE AND A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE
MANNER OF AMENDING SUCH CODE ; AND PROVIDING WHEN THIS ORDINANCE
SHALL BECOME EFFECTIVE .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ,
AR KANSAS : .
SECTION L . That the Code of Ordinances , consisting of Chapters 1 to 21 , each
inclusive , is hereby adopted and enacted as the " Code of Ordinances , City of Fayetteville ,
Arkansas , " and shall be treated and considered as a new and original comprehensive
ordinance which shall supersede all other general and permanent ordinances passed by
the City Council on or before September 14 , 1965 , to the extent provided in Section 2
hereof, and shall supersede Ordinance No . 1447 , adopted June 7 , 1965 , which with
editorial modifications is made a part of Chapter 19 of the Code of Ordinances .
SECTION ** . That all provisions of such Code shall be in full force and effect
from and after the sixth day of August , 1965 , and all ordinances of a general and permanent
nature of the City of Fayetteville , enacted on final passage on or before September 14,
1964 , and not included in such Code or recognized and continued in force by reference
therein are hereby repealed from and after the sixth day of August , 1965 , except as
hereinafter provided. No resolution of the City , not specifically mentioned , is hereby
repealed.
SECTION III . That the rgpeal provided for in Section 2 hereof shall not affect any
of the following :
( 1 ) Any offense or act committed or done or any penalty or forfeiture incurred
or any contract or right established or accruing before the effective date of such Code .
( 2 ) Any ordinance promising or guaranteeing the payment of money for the
City , or authorizing the issuance of any bonds of the City , or any evidence of the City ' s
indebtedness . .
( 3 ) Any contract or obligation assumed by the City .
( 4) Any right or franchise granted by the City .
( 5) Any ordinance dedicating , naming , establishing , locating , relocating , opening ,
paving , widening , vacating , etc . , any street or public way in the City .
(6) Any ordinance creating or otherwise relating to any water , sewer or other
improvement district .
Ordinance No . 1448 - 2 - June 7 , 1965
( 7) Any appropriation ordinance or ordinance providing for the levy of taxes
or for an annual budget .
( 8 ) Any ordinance regulating traffic on specific streets , such as ordinances
establishing one - way streets , prescribing parking restrictions , prohibitions or limitations ,
designating stop intersections and through streets , etc ..
(9 ) Any ordinance annexing territory to the City or discontinuing territory as
a part of the City .
( 10 ) Ordinance No . 952 creating a civil service commission for the police and
fire departments ..
( 11 ) Ordinance No . 1239 , being the Zoning Ordinance , and amendments thereto ,
and ordinances amending the zoning map or accepting and approving revised zoning maps .
( 12 ) Ordinance No . 1278 , known as the "Drake Field Airport Zoning Ordinance . "
( 13 ) Ordinance No . 1245 , constituting the subdivision regulations , and amend-
ments thereto .
( 14) Any ordinance dedicating or accepting any plat or subdivision in the City .
( 15 ) Any ordinance enacted after September 14 , 1964 .
The repeal provided for in Section 2 hereof shall not be construed to revive any
ordinance or part thereof that has been repealed by a subsequent ordinance which is
repealed by this ordinance .
SECTION IV . That whenever in such Code an act is prohibited or is made or declared
to be unlawful or an offense or a misdemeanor , or whenever in such Code the doing of
any act is required or the failure to do any act is declared to be unlawful , and no specific
penalty is provided therefor , the violation of any such provision of such Code shall be
punished by a fine not exceed twenty - five dollars ( $25 . 00 ) , as provided in Section 1 - 5 of
such Code ; provided that no such fine shall be greater or less than the fine imposed by
State law for similar offenses .
SECTION V . That any and all additions and amendments to such Code when passed in
such form as to indicate the intention of the City Council to make the same a part thereof,
shall be deemed to be incorporated in such Code so that reference to the " Code of
Ordinances , City of Fayetteville , Arkansas " shall be understood and intended to include
such additions and amendments . When such additions and amendments are properly
inserted in such Code , they shall have the same force and effect as if originally included
therein, as provided in Section 19 - 2426 of the Arkansas Statutes .
,r
Ordinance No . 1448 - 3 - June 7 , 1965
SECTION VI. In case of the amendment of any section of such Code for which a
penalty is not provided, the general penalty as provided in Section IV of this ordinance
and Section 1 - 5 of such Code shall apply to the section as amended; or , in case such
amendment contains provisions for which a penalty , other than the aforementioned general
penalty , is provided in another section in the same chapter , the penalty so provided in
such other section shall be held to relate to the section so amended , unless such penalty
is specifically repealed therein .
SECTION VII. That three (3 ) copies of such Code shall be kept on file in the office
of the City Clerk, preserved in looseleaf form , or in such other form as the City Clerk
may consider most expedient . It shall be the express duty of the City Clerk , or someone
authorized by him , to insert in their designated places all amendments or ordinances
which indicate the intention of the City Council to make the same a part of such Code when
the same have been printed or reprinted in page form , and to extract from such Code all
provisions which may be from time to time repealed by the City Council . These copies
of such Code shall be available for all persons desiring to examine the same .
SECTION VIII . That it shall be unlawful for any person to change or amend, by
additions or deletions , any part or portion of such Code or to insert or delete pages or
portions thereof, or to alter or tamper with such Code in any manner whatsoever which
will cause the law of the City of Fayetteville , Arkansas , to be misrepresented thereby .
Any person violating this section shall be punished as provided in Section 4 of this
ordinance .
SECTION IX . All ordinances or parts or ordinances in conflict herewith , to the
extent of such conflict , are hereby repealed .
SECTION X . This ordinance shall become effective on the sixth day of August ,
1965 ,
PASSED AND APPROVED 'PHIS seventh day of June , 1965 .
APPROVED:
GUY E . MOWN , MAYOR
ATTEST :
GEOR(X,di DAVIS, CITY CLERK
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I, GEORGE J. DAVIS , City Clerk within and for the City of
Fayetteville , Arkansas , do hereby certify that the annexed and
foregoing is a true and correct copy of the 02 r
�LLLlItitC 'L / {� � �d therein set forth, and
the same is as it appears of Record in PROCEDURE OF CITY
COUNCIL RECORD , Volume e�; t Page thereof.
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal this
� 4� ay of 19 fO 6
CITY gLEAK
ORDINANCE NO, 1448
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE
CITY OF FAYETTEVILLE , ARKANSAS; ESTABLISHING THE SAME ; PROVIDING FOR
THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS
HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE EFFECTIVE DATE OF SUCH
CODE AND A PENALTY FOR 'THE VIOLATION THEREOF; PROVIDING FOR THE
MANNER OF AMENDING SUCH CODE ; AND PROVIDING WHEN THIS ORDINANCE
SHALL BECOME EFFECTIVE .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE ,
ARKANSAS :
SECTION I . That the Code of Ordinances , consisting of Chapters 1 to 21 , each
inclusive , is hereby adopted and enacted as the " Code of Ordinances , City of Fayetteville ,
Arkansas , " and shall be treated and considered as a new and original comprehensive
ordinance which shall supersede all other general and permanent ordinances passed by
the City Council on or before September 14 , 19604 to the extent provided in Section 2
hereof, and shall supersede Ordinance No . 1447 , adopted June 7 , 1965 , which with
editorial modifications is made a part of Chapter 19 of the Code of Ordinances .
SECTION ** . That all provisions of such Code shall be in full force and effect
from and after the sixth day of August , 1965 , and all ordinances of a general and permanent
nature of the City of Fayetteville , enacted on final passage on or before September 14,
1964 , and not included in such Code or recognized and continued in force by reference
therein are hereby repealed from and after the sixth day of August , 1965 , except as
hereinafter provided. No resolution of the City , not specifically mentioned, is hereby
repealed.
SECTION III . That the repeal provided for in Section 2 hereof shall not affect any
of the following :
( 1 ) Any offense or act committed or done or any penalty or forfeiture incurred
or any contract or right established or accruing before the effective date of such Code .
( 2 ) Any ordinance promising or guaranteeing thepayment of money for the
City , or authorizing the issuance of any bonds of the City , or any evidence of the City ' s
indebtedness .
( 3 ) Any contract or obligation assumed by the City .
(4) Any right or franchise granted by the City .
( 5) Any ordinance dedicating , naming , establishing , locating , relocating , opening ,
paving , widening , vacating , etc . , any street or public way in the City .
(6) Any ordinance creating or otherwise relating to any water , sewer or other
improvement district . WCROF11MED•
REEL �
Ordinance No . 1448 - 2 - June 7 , 1965
( 7 ) Any appropriation ordinance or ordinance providing for the levy of taxes
or for an annual budget .
( 8 ) Any ordinance regulating traffic on specific streets , such as ordinances
establishing one- way streets , prescribing parking restrictions , prohibitions or limitations ,
designating stop intersections and through streets , etc ,
(9 ) Any ordinance annexing territory to the City or discontinuing territory as
a part of the City .
( 10 ) Ordinance No . 952 creating a civil service commission for the police and
fire departments .
( 11 ) Ordinance No . 1239 , being the Zoning Ordinance , and amendments thereto ,
and ordinances amending the zoning map or accepting and approving revised zoning maps .
( 12 ) Ordinance No . 1278 , known as the "Drake Field Airport Zoning Ordinance . "
( 13 ) Ordinance No . 1245 , constituting the subdivision regulations , and amend-
ments thereto .
( 14) Any ordinance dedicating or accepting any plat or subdivision in the City .
( 15 ) Any ordinance enacted after September 14 , 1964,
The repeal provided for in Section 2 hereof shall not be construed to revive any
ordinance or part thereof that has been repealed by a subsequent ordinance which is
repealed by this ordinance .
SECTION IV . That whenever in such Code an act is prohibited or is made or declared
to be unlawful or an offense or a misdemeanor , or whenever in such Code the doing of
any act is required or the failure to do any act is declared to be unlawful , and no specific
penalty is provided therefor , the violation of any such provision of such Code shall be
punished by afine not exceed twenty - five dollars ( $25 . 00 ) , as provided in Section 1 - 5 of
such Code ; provided that no such fine shall be greater or less than the fine imposed by
State law for similar offenses .
SECTION V . That any and all additions and amendments to such Code when passed in
such form as to indicate the intention of the City Council to make the same a part thereof,
shall be deemed to be incorporated in such Code so that reference to the " Code of
Ordinances , City of Fayetteville , Arkansas " shall be understood and intended to include
such additions and amendments . When such additions and amendments are properly
inserted in such Code , they shall have the same force and effect as if originally included
therein , as provided in Section 19 - 2426 of the Arkansas Statutes .
Ordinance No . 1448 - 3 - June 7 , 1965
SECTION VI. In case of the amendment of any section of such Code for which a
penalty is not provided , the general penalty as provided in Section IV of this ordinance
and Section 1 - 5 of such Code shall apply to the section as amended; or , in case such
amendment contains provisions for which a penalty , other than the aforementioned general
penalty , is provided in another section in the same chapter , the penalty so provided in
such other section shall be held to relate to the section so amended , unless such penalty
is specifically repealed therein .
SECTION VII. That three ( 3 ) copies of such Code shall be kept on file in the office
of the City Clerk, preserved in looseleaf form, or in such other form as the City Clerk
may consider most expedient . It shall be the express duty of the City Clerk , or someone
authorized by him , to insert in their designated places all amendments or ordinances
which indicate the intention of the City Council to make the same a part of such Code when
the same have been printed or reprinted in page form , and to extract from such Code all
provisions which may be from time to time repealed by the City Council . These copies
of such Code shall be available for all persons desiring to examine the same .
SECTION VIII. That it shall be unlawful for any person to change or amend, by
additions or deletions , any part or portion of such Code or to insert or delete pages or
portions thereof, or to alter or tamper with such Code in any manner whatsoever which
will cause the law of the City of Fayetteville , Arkansas , to be misrepresented thereby .
Any person violating this section shall be punished as provided in Section 4 of this
ordinance .
SECTION IX . All ordinances or parts or ordinances in conflict herewith , to the
extent of such conflict , are hereby repealed.
SECTION X . This ordinance shall become effective on the sixth day of August ,
1965 ,
PASSED AND APPROVED 'THIS seventh day of June , 1965.
APPROVED:
GUY E . BFROWN , MAYOR
ATTEST :
GEORQEi DAVIS, CITY CLERK
STATE of ARKANSAS 1 '
J ss.
County of Washington p
f/�,( __ - hereby certify that I
I, -Pie (
F..v 1-------- -- - - '
am tTens al Mana ) of THE NORTHWEST ARKANSAS TIMES,
a daily newspaper having a second class mailing privilege, and being not
less than four pages of five columns each, published at a fixed place of
business and at a fixed (daily) intervals continuously in the City of
Fayetteville, County of Washington, Arkansas for more than a period
of twelve months, circulated and distributed from an established place of
business to subscribers and readers generally of all classes in the City
& County for a definite price for each copy, or a fixed price per annum,
which price was fixed at what is considered the value of the publication,
based upon the news value and service value it contains, that at least fifty
percent of the subscribers thereto have paid cash for their subscriptions
to the newspaper or its agents or through recognized news dealers over a
period of at least six months ; and that the said newspaper publishers an
average of more than forty percent news matter.
I further certify that the legal notice hereto attached in the matter of
was published in the regular daily issue of said newspaper for.__—_./._.....
ave insertion/ as follows : /
2�1
4� , The first insertion on the —_______1.9________ day of — 1944
f the second insertion on the __—___. day of
' the third insertion on the ------------____—_______ day of _ _ 19_
and the fourth insertion on the -------------------- day of —.__.._ 19�_
� � d
Sworn to and subscribed before me on this ___________--___ day of
---------- --- 19- G
No y Public
My Commission Expires :
$.J Fees for Printing �� ' `��
----- $--------------- -
Cost of Proof __—_— $---_____________
Total ---- $—`3 3.
i
OMOIMAMOS MO. 14" In the City.
AN ORDINANCE ADOPTING AND
FNACTING A NE9y CODE OF OR- (15) Any ordinance enacted afte
DINANCES of TSE CITY of September 14, 1964.
FAYETIEVILLE. ARKANSAS: ES- The repeal provided for in Sec
TABLISNING THE SAME: PRO- tion 2 hereof shell not be Iron
VIDING FOR THE REPEAL of stored to revive any ordinance or
CERTAIN ORDINANCES NOT IN- , part thereof that has been repealed
CLUDED THEREIN, EXCEPT AS by a subsequent ordinance which is
HEREIN EXPRESSLY PROVIDED: ( repealed by this ordinance.
PROVIDING FOR THE EFFEC• SECTTON IV. That whenever In
TIVE DATE OF SUCH CODE AND such Code an act is Prohibited or
A PENALTY FOR THE VIOLA. is made or declared to be uNawful
TION THEREOF: PROVIDING FOR or an offense or a misdemeanor, or
THE MANNER OF AMENDING whenever in such Code the doing
SUCH CODE; AND PROVIDING of any act L r"Wred or the failure
WHEN THIS ORDINANCE SHALL ( to do any act is declared to be un-
BECOME EFFECTIVE. lawful, and no specific penalty is
BE IT ORDAINED BY THE Provided therefor, the violation of
CITY COUNCIL OF THE CITY OF any such provision of such Code
FAYEI-FEVILLE. ARKANSAS: shall be punished by a fine not ex-
SECTION 1. That the Code of Or- needing twenty-five dollars ($25.00).
dinances, consisting of Chapters I as provided in Section 1-5 of Ruch
to 21, each Inclusive, Is hereby Code; provided that no such fine
adopted and enacted am the "Code $hall be greater or less than the
of Ordinances. City of Fayetteville, fine imposed by State law for semi_
Arkansas," and shall be treated and lar offenses.
considered as a new and original SECTION V. That any and all ad-
comprehensive ordinance which dltiom and amendments to such
shall supersede all other general Code when passed In such form as
And Permanent ordinances passed to Indicate the intention of the City
by the City Counrtl on or before Council to make the same a part
September 14, 1965. to the extent . thereof, shall be deemed to be In-
provided In Section 2 hereof, and corporsted in such Code so that ref-
. .hall Supersede Ordinance No. 1447, erence to the "Code of Ordinances.
Adopted June 7. 1965, which with City of Fayetteville. Arkansas"
eAitortal modifications is made a shall be understood and Intended
pan of Chapter 19 of the Code of to Include such additions and
amendments. When such additions
Or ECT( es. and amendments are properly SECTION D. all all provisional serted 1n such Code, pthey al
I,-
, of such Code shall d In full force) have the same force and effect as
! sixt! sad effect from end atter that, If originally
ordi day of August. 1965. and alle included therein, as
ordinances of a general and Parma- � provided St Section 19-2426 of the
vent nature of the City p Fayette. Arkansas Statutes.
vile, ore Se on September
1 passage on SECTION VI. In coon of the
or before September 14. or r and amendment which any section of each
not Included 1n such Code or rece y Code for thea penalty l not
refer and continued In feby e- Provided, the general penalty es
reference therein are hereby re- Provnance a In Section -5 f this Code
Drdi-
peeled from and atter the sixth day i nonce and Settlers 1-5 of sections
Code
of August. ed. except as herein- lame ed; o to the sections as
atter City.
not
No resolution of ', ment contains
or, 1n case ouch amend-
the Clty, not specifically men- l meet rontalns an the for when-
tfoned, b hereby repealed. a penalty, otherr ththan theprovi en-
SECTION III. That the repeal ; Honed general Penally, la provided
shall not
for t Section 2 hereof c another section 1n the acme
shell not affect any of the follow- I chapter, the penalty ao provided in
fnq: such other section shall a heed to
d
I'll Any offense or act committed for. relate to the Section w amended,
or done or any Penalty or for- unlrepealed
d therein.penalty 1s apeclflna]Iy
felture incurred or any contract or re sled N VII..
right establtshed or accruing before SECTION VII. That three (7)
the effective date of such Code. copies of such Code shall be kept on
(2) Any ordinance promising or file 1n the office of the City Clerk,
guaranteeing the Payment of money preserved In looseleaf form, or in
for the City, or authorizing the is- such other form as the City Clerk
nuance of any bonds of the City, or ' rnaY consider most expedient. It
any evidence of the City's Indebt- ' shall be the express duty of the
ednen. City Clerk, or someone authorized
(1) Any contract or obligation as- by him. to Inxrt in their deaig_
suxned by the City. hated Pisces all amendments or
(4) Any right or franchise granted ordlnancee which Indicate the in.
by the City, tention of the City Council to make
(5) Any ordinance dedicating, the same a pan of such Code when
naming, establlehing, locating, re- the same have been printed or re-
locating. opening, paving, widen- printed In page form, and to ex-
Ing. vacating etc., any street or tract from such Code all provisions
Public way in the City. which may be from time to time
161 Any Ordinance creating ort repealed by the City Council.
Otherwise relating to any water. 1 These Copies of much Code shall be
sewer or other improvement dts- ! available for all persons desiring
trier i to examine the same.
(7) Any appropriation Ordinance SECTTON Viii. That it shall be
or ordinance providing for the unlawful for any person to change
levy M taxes or for an annual or amend, by additions or dele-
budget. tions, any part or portion of Such
(8) Any ordinance regulating Code or to Insert or delete pages
traffic on specific sctreets. such as or portions thereof, or to alter or
ordinances establishing one-way tamper with such Code in any
Streets, prescribing parking restrfc- manner whatsoever which will
tions, prohibitions or limitations, Icause the law of the City of Fay-
designating stop intersections and etteville, Arknnsas, to be miarep-
through streets, etc. resented thereby. Anv person vio-
(9) Any ordinance annexing ter- lating thea section shall be pun-
ritory to the City or discontinuing ishCit as provided In Section 4 of
territory Am a pan of the City. this ordinance.
101 Ordinance No. 952 creating a SECTION IX. All ordinances O'r
civil service commission for the parts Or ordinances In mMict here-
; pollce and flre departments, with, to the extent of such conflict.
(111 Ordinance No. 1279. being the fare hereby repealed.
Zoning Ordinance, and amendments SECTION X. This ordinance shall
thereto, and ordinances amending. ( become effective on the sixth day
the zoning map or accepting and of August. 1965.
approving revised tuning ma s. PASSED AND APPPROVED
(12 Ordinance No. 1278. knowni THIS Seventh day of June, I .
Rs the "rtrnke Field Airport Zort- APPROVED:
GUI' E. BROWN, Mayor
- "omtf- I ATTEST
itlons, l r -Porge J. Davis,
i City Clerk
ded:catmg or ' _ 19-1te
•. ry plat or subdivision - --
