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force by reference therein are hereby repealed from and after the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repealed .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