HomeMy WebLinkAboutOrdinance 1496 ORDINANCE NO . 1496
AN ORDINANCE REGULATING VEHICLES CARRYING, TRANSPORTING .
OR MOVING HOUSES , BUILDINGS AND SIMILAR STRUCTURES AND LOADS WITHIN THE
CORPORATE LIMITS OF THE CITY OF FAYETTEVILLE , ARKANSAS , AND AMENDING
FAYETTEVILLE CODE OF ORDINANCES BY ADDING SECTION 19 - 99 , THERETO.
WHEREAS , the practice of moving houses , buildings , structures and similar
loads by vehicles over the streets and highways within the corporate limits of the City of
Fayetteville , Arkansas , has resulted in severe disruption of the flow of traffic on the
streets and highways within the City of Fayetteville and has caused substantial hazard to
the health and safety of the motoring public , and
WHEREAS , it is necessary to regulate the movement of such cargoes within the
City of Fayetteville and to provide for the supervision of such traffic by the Police
Department of the City of Fayetteville , Arkansas .
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE, ARKANSAS :
SECTION 1 . That the Fayetteville Code of Ordinances be amended by adding
Section 19 - 99 , as follows .
Section 19 - 99 . Regulation of Vehicles Transporting Houses and Other Structures .
(a) No vehicle or combination of vehicles carrying , transporting or
moving any house , building or similar structure or load which exceeds , with
load, a total outside width of eight ( 8) feet , or a total height of thirteen feet,
six inches ( 1316 ") , or a total length for single truck of forty ( 40 ) feet , or
total length for combination of vehicles of fifty- five ( 55 ) feet, shall be
operated over the streets or highways within the corporate limits of the City
of Fayetteville , Arkansas , except as provided in this ordinance .
(b) Hours of Movement .
( 1 ) Movement of such oversized vehicles shall be in daylight only ,
in periods of good visibility , between the hours of 5: 30 to 6 : 30 a . m . ,
8 : 30 to 11 : 30 a . m . , and the hours of 1 :00 p . m . to 3 : 00 p . m . , and no
movement shall be made on Saturdays , Sundays or holidays , or on other
days when heavy traffic is anticipated over the routes desired or mh en
weather conditions make such movement impractical .
( 2 ) The term "holiday " as used herein means the following
holidays : Independence Day , Labor Day , Veteran' s Day , Thanksgiving
Day , Christmas Day , New Year ' s Day , special , general or primary
election days .
!C MiCTOFILMM 1918
DAT
REFI tf
Ordinance No . 1496 - 2 - April 18 , 1966
( c ) Application and Permit.
( 1 ) A written application for permit shall be filed with the Chief of
Police not later than 24 hours prior to an intended movement , specifying
the vehicle and load to be operated or moved, the route ( streets and/ or
highways ) to be followed , the date and time the movement is desired , and
in consideration for granting of such . perrnit , the applicant shall assume
(and so state in his application) absolute liability and agree to pay for any
and all damages to streets , highways or facilities , persons or private
property resulting from such movement .
( 2) If in the judgment of the Chief of Police , or his duly authorized
representative , the movement desired can be accomplished with safety and
without undue impediment to the flow of traffic and can be adequately super -
vised by the Police Department on the date , time and route requested , a
permit shall be issued authorizing said movement . The Police Chief, or
his authorized representative , shall have authority to deny the permit , if
in his opinion these requirements cannot be met , or to prescribe additional
conditions for its issuance , such as a different route , time or date , or
manner of movement or other conditions , to insure safe movement of the
vehicle in question and to insure adequate supervision of the movement by
the Police Department .
( 3 ) The Police Chief, or his duly authorized representative , shall have
authority to waive the requirements of this Ordinance as to days of movement ,
so as to allow an oversized vehicle , moving under a State emergency permit ,
to proceed through the City on a Saturday, Sunday or holiday , during the hours
permitted by this Ordinance , provided that at the time of such movement the
vehicle can be moved safety and under the supervision of the Police Department .
(d) Compliance with Other Laws . All movements by such permit shall comply
with all State and City laws regulating movement of vehicles upon the streets and high-
ways of the City and State , and nothing in this Ordinance shall be construed as amending
or affecting Sections 19 -97 , 19 - 98 of the Fayetteville Code of Ordinances .
( e ) Signs . The Chief of Police shall cause appropriate signs to be erected
and maintained on highways entering the City , designating and requirements of the
Ordinance .
(f) Penalty. Any operator found violating the provisions of this Ordinance ,
or any owner , principal , employer , lessor , lessee , agent or officer of any firm or
corporation who permits such operator to violate said provisions shall be guilty of a
Ordinance No . 1496 - 3 - April 18 , 1966
misdemeanor and , upon first conviction thereof, shall be punished - by a fine of not more
than one hundred dollars ($ 100 . 00) and for a second conviction within one ( 1 ) year
shall be punished by a fine of not more than two hundred dollars ( $200 . 00 ) and for a
t hird conviction and each successive conviction within one ( 1 ) year shall be punished by
a fine of not more than five hundred dollars ( $ 500 . 00 ) .
SECTION 2 . All ordinances or parts of ordinances in conflict herewith are
hereby repealed and this ordinance shall be in full force and effect from and after its
passage , approval and publication .
PASSED AND APPROVED this 18th day of April , 1966 .
APPROVED::
SYLV SWARTZ . . ASSISTANT MAYOR .
( Acting Mayor )
ATTEST :
GEORGE (y. DAN-IS , CITY CLERK
ROINANCK NO. 1496
AM ORDINANCE REGULATING
Y ICLES CARRYING, TRANS- STATE of ARKANSAS 1
TING OR MOVING HOUSES, J
INGS AND SIMILAR 99.
WITHIN
THE THE AND LOADS County of Washingto
WITHIN CORPORATE LIM-
IBj�yyOE THr Crf„Y n or FAYYTTE- rm'1 `
VLL AAK SAS. AND 7�V,t,G l �
A I•�D I'N�G�AYEfTEVILLE - ' 1}( J _ here's
c E +o o rNANCES BY _. ...- _ - - . - ----------_.—_ —, y certify that I
AD tpG S fa- n, THERE- nm the ( Gene al Manager) of THE NORTHWEST ARKANSAS TIMES,
TV.
HEREAS. the practice of ,mov- a daily newspaper having a second class mailing privilege, and being not
Ing houses, buildings, structures less than four pages of five columns each, published at a fixed place of
and similar loads by vehicles over
the streets and highways within business and at a fixed (daily) intervals continuously in the City of
the corporate limits of the City Fayetteville, Count Washington, period
of Fayetteville. Arkansas, has re- � Y y of Washin n, Arkansas for more than a
suited in severe disruption of the of twelve months, circulated and distributed from an established place of
now at traffic on the streets and business to subscribers and readers generally of all classes in the Cit
highways'traffic
t Clty et Fey- g Y Y
etteville andkaused substan- & County for a definite price for each copy, or a fixed price per annum,
tial harard to tie health and safe.
tyofEhe m ftifging' Dpublic, aryto nd which price was fixed at what is considered the value of the publication,
l
regulate the movement of such based upon the news value and service value it contains, that at least fifty
cargoed within the City of Fay- percent of the subscribers thereto have paid cash for their subscriptions
etteviue and to provide for the t0 the newspaper or its 8 en g recognized supervision of such traffic by theagents or through reco ized news dealers over a
Police Department of the City of period of at least six months ; and that the said newspaper publishers an
Fayetteville, Arkansas.
NOW, THEREFORE. BE IT OR- average of more than forty percent news matter.
DAINED BY THE BOARD OF DI-
RECTORS OF THE CITY OF FAY- I further certify that the legal notice hereto attached in the matter of
ETTEVILLE, ARKANSAS:
SECTION 1. That the Fayette-
ville Code of Ordinances be
as folla by adding Section 19.99 �- •f�--as Section
Section ansp sting tbn of VO-
and
hielet Transporting Neuse end
Other structures• was published in the regular daily issue of said newspaper for-----
(a) No vehicle or combination
of vehicles carrying. transport- consecutive insertions as follows:
Ing or moving any house, build-
ing, or similar structure m• load //
which exceeds with load a total The first insertion on the —_—�_p_—___ day of _ 19 4 V
outside width of eight (6) feet, or
a total height of thirteen feet.
six inches (136"), or a total the second insertion on the day of 19--
langth for single truck of forty
(40) feet, or total length for com-
bination of vehicles of fifty-five the third insertion on the __-_—_ day of — 19--
455) feet shall be operated over
the streets Or highways within
the corporate limits of the City and the fourth insertion on the _..— day of --_--- 19—_
of Fayetteville. jrgansas, except
as provided 7- tb , ordinance.
(b) Noun of evement. /� n
(1) Movement of such over- in —z}/ 7fL- tl
sired vehicles shall be in day-
light only. In the ofof IS.iT
pE
visi-
bility between the hourssof 1 i
5:30 A.M. and 6'30 A.M., 9:30
A.M. and 11:30 A.M. and the Sworn to and subscribed before me on this ----
day of .__.._......
hours of 1:00 P.M. and 3:00
P,M. and no movement shall
be made on Saturdays. Sun-
days or holidays, or on other ---.---_....
days when heavy traffic U an.
ticipated over the routes de-
sired when weather condi-
tions
tions maks such movement lm- _
practical. otary Public
(E) The term "holiday" as
used herein means the follow-
ing holidays: Independence
Day, Labor Day. Veteran's Day, My Commission Expires :
Thanksgiving Day, Christmas
Day. New .Ycar•s Day, special, Y ''w'✓ , .�/
general or DrlrtwrY election
days, a
(c) Applicationwritz and ieermiL
tlem
(1) A written a eIiewith for
permit shall be filed with the
Chief of Police ;floc later ithan Fees for Printin 7
M hours Drlor to an int tided g --- $------+—_-�
movement: specffytiig the ve.
hicle and load to be operated .—
or moved, the .route (streets Cost of Proof -- $----
and/or highways) W be � fol-
lowed, the data,and time the
mm einem U di-om stnd, in Total $��
considerstion for Anting of
such permit, the applicant
shall assume (and so state in
the application)' absolute Ita- ,
bility and agree to pay for any
and all damages to streets,
highways or facilities, persons
or private property resulting • -
from such movement.
(3) If in the Judgment of the
Chief of Police. 0 7hfa duly au-
thorized representative, t h a
movement desired can be ac-
complished with safety and
without undVe• liamedisnent to
the flew of traffic and can M
adevuw :r? supervised by the
_ Pohre_Department on the date
I -1�
time and vbute, eaquoat i i
permit shall he issued autbor-
izing said movement. The Po-
lice Chief, or his authorized
representative, shall have au-
thority to deny the permit. if
in his opinion these require-
ments cannot be met, or to
prescribe additional conditions
for its issuance, such as a dif-
ferent route, time or date. or
manner of movement or other
conditions to insure safe move-
ment of the vehicle in question
and insure adequate supervi-
sion of the movement by the
Police Department.
IJ? The Police Chief, or his
duly authorized representative,
shall have authority to waive
the requirements of this Ordt-
nonce as to days of movement,
'so as to allow an oversized ve-
hicle, moving under a State
emergency permit, to proceed
through the City on a Satur-
day, Sunday or holiday, dur-
ing the hours permitted by this
Ordinance, provided that the
time of such movement the ,
vehicle can be moved safely
and under the supervision of
the Police Department.
(d) Compliance with Other
laws. All movements by such ..
permit shall comply with all
State and City laws regulating
movement of vehicles upon the
streets and highways of the City
and State, and nothing In this
Ordinance shall be construed as '
noI end In or affecting Sections
-97, 19.98 of the Fayettavllle ;
Code of Ordinances.
fe) Signs. .The Chief of Police
shall cause appropriate signs to
be erected and maintained on
highways entering the City,
. designating the requirements of
the Ordinance.
(f) PenaltyAny operator found
violating the provisions of this
Ordinance, or any owner, prin-
cipal, employer, lessor, lessee.
agent, or officer of any firm or
corporation who permits such
operator to violate said parvi-
sions shall be guilty of a miade-
meaner and upon first conviction
thereof shall be punished by a
fine of not more than one hun-
dred dollars ($100,00) and for a
second conviction within one (1)
year shall tie punished by a fine
of not more than two hundred
dollars ($200.00) and for a third
conviction and each successive
conviction within one (1) year
shall be punished by a fine of ,
not more than five hundred dol
lore ($500.00).
SECTION 2. All ordinances or
Parts of ordinances In conflict here-
with are hereby repealed and this
ordinance shall be in full force
and effect from and after IU
Passage. approval and publication.
PASSED AND APPROVED this
lath day of Ayril, 1966.
APPROVED:
SYLVIA SWARTZ,
Assistant Mayor
(Acting Mayor)
ATTEST:
GEORGE J. DAVIS,
City Clerk 19-ltc