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HomeMy WebLinkAboutOrdinance 3527 FILED FOR RECORD ORDINANCE NO . 3527 091 JAN 18 PI7 1 59 W c AN ORDINANCE ADOPTINGENACTING A NOF ORDINANCES OF THE ARKANSAS ; ESTABLISHING THE SAME ; PROVIDING f 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 FOR AMENDING SUCH CODE ; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That the Code of Ordinances , consisting of Titles I to XV ; each inclusive , is hereby adopted and enacted as the " Code 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 and permanent ordinances passed by the City Council on or before February 28 , 1990 to the extent provided in Section 2 hereof . Section 2 . That provisions of such Code shall be in full force and effect from and after the effective date of such code and all ordinances of a general permanent nature of the City of Fayetteville , enacted on final passage on or before February 28 , 1990 ; and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective - date of such code , except as hereinafter provided . No resolution of the City , not specifically mentioned , is hereby repealed . Section 3 . 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 beforethe 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 . LID 1400PAGE048 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 . 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 ) Any zoning ordinance , and amendments thereto , and ordinances amending the zoning map or accepting and approving revised zoning maps . 11 ) Any subdivision regulations , and amendments thereto . 12 ) Any ordinance dedicating or accepting any plat or subdivision in the City . 13 ) Any ordinance enacted after February 28 , 1990 . 14 ) Any administrative ordinance or resolutions of the City not in conflict or inconsistent with the provisions of such code . 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 4 . 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 id declared to be unlawful , and no specific penalty is provided therefore , the violation of any such provision of such code shall be punished no more than FIVE HUNDRED DOLLARS ( $ 500 . 00 ) for any one specified offense or�double that sum for each repetition of such offense or vio�� ( �JpPtiGE07('► provided and as set forth more fully in Title I . Section 10 . 99 of such code . Section 5 . 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 Fayetteville , Arkansas " shall be understood and intended to include such additions and amendments . When such additions and amendment are properly inserted in such code , they shall have the same force and effect as if originally included therein , as provided in Arkansas Code Annotated § 14-55 -704 . Section 6 . 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 4 of this ordinance and Title I . Section 10 . 99 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 7 . 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 fore as the city clerk may consider most expedient . It shall be the express duty of the city clerk , or someone authorized by him or her , 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 8 . 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 9 . The Board of Directors hereby determines the immediate codification of the City ' s ordinances is necessary and essential to the public welfare . Therefore , an emergency is hereby declared to exist , and this ordinance being necessary for the public welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this 2nd day of January , 1991 . LIBER 14GQPIGE050 APPROVED : B Mayo ATTEST : i By : erk �M ti 1 LIBER1400NGE051 1, Alma Kol!moyer, Circuit Clerk and Ex-o`ilcio Recurd3r for Wtashin3ton County, Arkansas, do hereby certify that this in- strument was filed for record in my office cs indicated hereon and the same i; row, 14oly recorded with the ac!<r"e!edgsrr3nt rnd cortifico: t`:.,ruon in Ecoid Book and ftl��o e3 ind`c't ]d ther.ain. IW CJITK:3;. V;V::.'^.:�;-, I hove hereunto CE:TL['Y`1.aA s .t my hcnd and ai(izud the seal of said ®� t'C'Q� Curt on the dclo Indicated hereon. ,State Of Arkansas City of Fayetteville ? SS R!ma Kolerk an I, berry Thomas newt clerk and Officio , City Clerk and Fa ettevifie corder for the City yGv Lx-officio Recorder , d0 harsh annexed or fore an y certify that t ; by office and the g is of record in > • , Ordinance 8z ResjiLy`&ame appears in page 3 a tion book; V n �a9Ltt a- _. ay ofs my >Zan EN0T;3S27A-s. ' a ) AnY .arB'ina n'ce OR DI rjhNC NI1nORDINANCEN�` regulat n9trtaH Ikon specific. It�_G �AND1 A� cstreel l^s_uch aseordinances- N�W1coD£ttO9k �Dtl- , estae iirtAng - one -wh'y, streets prfsaribin9 Parking NANCE90F T,HE CIT; OF , reslrlcHons prohibitions or STATE Of ARKANSAS 1 F A Y'ET T E V_I 'L L E , � limitations designating stop J` as. A R K A N S A S' Interse Ions;'a`ntl1 ihroV9� County of Washington E STAffiLI,S,H I,NG , THE sireetse?c, - ' SAME; PROVIDING FOR , �, 9) Any ordinance annex- ' n///���I i THE ,REPEAL OF CER in tettRory,.to the r a or 6l\ 1 �1.hA rQ, ` l TAIN ORDINANCES NOT discontinuing territory 85 a YYY ll\x l.0 0111E/C'_ � e4&,: ( t hereby certify that I INCEPT AS HEREIN IN partOfih 1;:Znl I, EXCEPT HEREIN EX- ; - a 1W ,die amendments thereto, am the publisher of TO NORTHWEST ARKANS TIMES, adally newspaper PROVIDIN PRO Vn'DE E •antl. emendmenis , ihereto, mailing g g pages Of PROVIDING FOR THE end' or,�iriances. . amending � having8 SfMOfld CI83S mellln privilege, and bell not less than fOUC , EFFECTIVE DATE OF , the zoil g map or accepting five columns each, published at a fixed place of business and at a fixed (dally) , SUCH CODE AND A and approZAng revised zon- intervals continuously in the City Of Fayetteville, County of Washington, Arkansas PENALTY FOR THE VIO- ' Ing maps. LATION THEREOF : PRO- 11) Any, subdivision regu- I for more than a period of twelve months, circulated and distributed from an V IDING FOR THE MAN- latlOns, and amendments established place of business to subscribers and readers generally of all classes NER FOR AMENDING }hereto �-;,.- ty y p copy, Or a fixed price per SUCH NG ODE : AND PRO- del 2c)�n9 Oj,Or.1Iaccepting any I In the CI end County for a definite rice for each annum, which price was fixed at what Is considered the value of the publication, D I 'N .AN C ESH AIL plat or subdivision In the Cr based uponthe newsvalueand service value It contains, thatat least fifty percent BECOMEEFFECTIVE. ty. BE IT ORDAINED B; 13) Any ordinance enacted of the subscribers thereto have paid cash for their subscriptions to the newspaper THE BOARD OF DIREC- after February 28, 1990. Or its agents Or through recognized news dealers Over a period Of at least six TORS' 00 THE CITY OF 14) Any administrative , F AY E;T. T E V I L L E , ordinance or resoloffens Of ; months; and that the said newspaper publishes an average of more than forty ARKANSAS: the City not In conflict or In- percent news matter. Section 1. That the Code Of consistent with. the provi- J Ordinances, consisting of Ti- Bions of such code. Ines I to XV; each inclusive, The repeal•provlded for in I further certify that the legal notice hereto attached in the matter of Is' hereby adopted and Section 2 hereof shall not be enacted as the 11Code of construed to revive any. or- Fayetteville, Arkansas, , dinance or part therof'.that and shall be treated and ' has been repealed _ by a Q i14.1,eJ ub) / considered as a new and subsequent ordinance which original comprehensive or- Is repealed by this 'Ordi- dinance which % ball nance. was published In the regular daily issue of said newspaper for supersede all other general Section 4. That whenever consecutive Insertions as follows: and permanent ordinances In such code an act Is pro- passed by the CIty .Council hibited or is made or ,,��//����1Q on and permanent o City declared to be unlawful o - ' The first Insertion on the �L•-L1..day of 19 _ lances Passed perms y the rdi- de offense or l mul or q Council on or before Febru- meaner, or whenever in nary 28, 1990 to the extent such code the doing of any the second insertion On the da Of 19 provided in section 2 hereof. act Is required or the failure I y Section 2. That provisions to do any Is declared t0 be of such Code shall be In full unlawful, and no specific the third insertion on the day of 19 force and effect from and penalty is provided ,: after the effective date of therefore,_ the violation of such code and all ordinances any 56th 'provision of such and the fourth insertion on the day 19 of a general permanent code shall -tie'punished no nature of The CITY Of Fayet- . more than FIVE HUN- teville, enacted on final DRED DOLLARS (%500.00) passage on or before Febru- for any one specified offense ary 28, 1990; and not Includ- or double-that sum for,each. e0 In such Code Or recOgniz- repetitlohof' such offense or $Worn to and subscribed before me 0n his day of ad and continued in force by vlolatlon'as pro4ided and as reference therein nd after the set forth more fully In CJt 4_u repealedLive from and after me 1, Section 1099 of such code. 7= R4 effective he ei such code, Section a That any and all I except as hereinafter pro- to such c and amendments i Cited. of resolution of the to such code when Indicate In - tione not specifically men- such form as to Indicate The, N y Public Tlonetl, is hereby Th repealed. intention ake the me Council ' Section 7. That the repeal to reeks the same a pert provided for in Section f thereof, shall be deemed a My Commission Expires: hereof shall not aHeCt any Of bei that ref ed In such C the,the following: iso that reference to : the, 1 ) Any offense or act Arkansas " r"Coae, off Fay h a l l l le , `�/ — I — committoo forfeiture eons or I enY Arkansa sn shell be , penalty or contracts incur- Iunderstoodrudesuch and Intended to ret established any contract i right Include such a When 'and I forehe e e accruing ten- amendments.an When such , lore the effective date of additions and, amentlmenitI such code. , are properly Inserted in such Fees for Prinlin S 2) Any ordinance promis- code, they shall have the g Ing or guaranteeing the . same force and effect as If payment of money for the originally included therein, Cost Of Proof —. 5 City, or, authorizing the Is- as provided In Arkansas suance;.of any bonds of the. Code Annotated S14-55-704 City Or any evidence of The section 6. In case of the . 'rot a1 Y ' City's lnd(btedness. amendment of any section Of 3) Any contract or obliga. such code for which a penal- tion assumed bythe City. ty is not provided, the gen-; 4) Any right or franchise ' eral penalty as provided in qts)led by yAny hcity.d l n a n e e and Title 1, ordinance Section to." Of dedicating , naming , . such code*shall apply to the p[3L establishing, locating, section as amended; or In R {'„ �• �' Yv relocating, opening, paving, case such amendment corn( 6 widening, vacating, etc., tains provisions for which e I 'any street or public way on penalty, Other, than the, FEB the City. aforementioned general 1Or21 6) Any Ordinance creating penalty, Is provided In an. 1JJ JJ 1 or Otherwise relating to any Other section in the same 11r water, seso sewer or other im- chapter, the penalty Pro- FINANCE DEPT, provement district. !41ted in such other section 7) Any appropriation ordi- shelf be held to relate to the nance or ordinance pro. Section so amended, unless vlding for the levy of taxes such penalty is specifically orfornnual budget. repealed therein. Sectlon 7. That mroa try) copies of such code shall W ` kept on file In .the office thlt city, clatls Rre}erv_etl In iiwuiieaf form, or In such ` 4 other for asine city ctferk r INVOICE MAKE CHECKS ,, may consider .most ape FOR CLASSIFIED - ' client. It shell be the express ' 238088 ADVERTISING PAYABLE CHECKS = dory of the City clerk, or CLASS It CODE INS. OUNT someone �auMor,(z�ed by him or nor, to Insert 9rt'fhair das- 102 001 276. 7! ionated Places all amend. ( IF NOT �� menta or ordinances which PAID BY WILL BE Indicate the Intention of the city council to make they�ee�,� ,Q1 name a part of such code w., v6f-4� &-304-4-1—t when the same have been AGATES i WORDS INCHES ZONE Printed or reprinted In page form, and to extract from ',372 27 111 26. such code all provisions which may be from time to EDITIONS OPER S/V time repealed by the city council. Thesecoplesof such A 00 V code shall be available for SKIP SCHEDULE all Persons desiring to exam. ine the same. 4 Section S. That is shall be unlawful for any Person to AD GIVEN BY PHONE change or amend, by addi- tion or deletions, any Part or 501 -000-0000 Portion of such code or to in. INDEXING TERMS Sart or delete pages Or Por tions thereof, or to alter or ORDINANCE NO . 3527^' "4`03^AN temper with such code In any manner whatsoever STARE DATE STOP DATE which will cause the law of 01 /24/91 01124/91 the ArkaCitynsas to a misrepre, Arkansas fo be misrepre sented thereby. Any Person violating this Section shall be Punished as Provided In Sectionaof this Ordinance. Section 9. The Board of Directors hereby deter mines the Immediate codification of the City's or- dinances Is necessary and essential to the public wel. fare . Therefore , an emergency is hereby declared to exist, and this ordinance being necessary for the public welfare shall be In full force and effect from and after its passage and approval. PASSED AND APPROV- ED this 2nd day of January, 1991. APPROVED: By; Fred S. Vorasnger ATTEST: I Mayor BY:Sherry L. Thomas City Clerk