HomeMy WebLinkAboutOrdinance 4595ORDINANCE NO. 4595
AN ORDINANCE ADOPTING AND ENACTING A NEW
CODE OF ORDINANCES OF THE CITY OF FAYETTEVILLE,
ARKANSAS; PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES NOT CONTAINED THEREIN, EXCEPT AS
HEREIN EXPRESSLY PROVIDED; AND PROVIDING FOR
THE MANNER OF AMENDING THE CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Code of Ordinances ("the Code"), consisting of Titles I to XIII;
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 supercede
all other general and permanent ordinances passed by the City Council prior to the passage of
this ordinance, to the extent provided in Section 2 hereof. The Unified Development Code,
adopted June 3, 2003, and revised on July 1, 2003 and thereafter, shall constitute Title XV of the
"Code of Fayetteville."
Section 2. That provisions of the Code shall be in full force and effect from and after
the effective date of the Code and all ordinances of a general permanent nature of the City of
Fayetteville, enacted on final passage prior to the passage of this ordinance, and not included in
the Code or recognized and continued in force by reference therein, are hereby repealed from and
after the effective date of the 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not specifically mentioned, is hereby repealed.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:
a)
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 the Code.
b)
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.
c) Any contract or obligation assumed by the City
d) Any right or franchise granted by the,City.
e) Any ordinance dedicating, ,naming, establishing, locating, relocating, opening,
paving, widening or vacating�any street or public way in the City.
Any ordinance creating or otherwise relating to any water, sewer, or other
improvement district.
g) Any resolution or ordinance providing for the levy of taxes, appropriation, or for an
annual budget.
h) Any ordinance annexing territory to the City.
i) Any zoning ordinance, and amendments thereto, and ordinances amending the zoning
map or accepting and approving revised zoning maps.
j) Any ordinance dedicating or accepting any plat or subdivision in the City.
k) The entirety of Title XV, Unified Development Code.
1) Any administrative ordinance or resolution not in conflict or inconsistent with the
provisions of the 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 any and all additions and amendments to the Code when passed in
such a form as to indicate the intention of the City Council to make the same a part thereof, shall
be deemed to be incorporated in the Code so that reference to the "Code of Fayetteville,
Arkansas" shall be understood and intended to include such additions and amendments, and
having the same force and effect as if originally included therein, as provided in Arkansas Code
Annotated § 15-55-704.
Section 5. That three (3) copies of the Code shall be kept on file in the office of the
City Clerk, preserved in loose-leaf form, or in such other form as the City Clerk may consider
most expedient. These copies of the Code shall be available for all persons desiring to examine
same. 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 the Code, and to extract from the Code all provisions
which may be from time to time repealed. Additionally, the Fayetteville Code shall be placed
upon the City's website for immediate consultation by Fayetteville citizens.
PASSED and AXRAWVED this 3rd day of August, 2004.
°�!,. n '•,c�% APPROVED
n� ys ?� c By DAN COODY,
0 r 5:
ATTEST: o�OddO�!Ty'".see
�??;.``
��11IDlI.GI.>rJ[�11/i�r�1.
NAME OF FILE: Ordinance No. 4595
CROSS REFERENCE:
Item # Date Document
1
08/03/04
Ord. 4595 w/Ex. A
2
06/18/04
memo to mayor & city council
3
Staff Review Form
4
draft Code of Ordinance Titles I-XIII
5
Affidavit of Publication
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
F-25,
NOTES:
City Council Agenda Memo City Council Meeting July 6, 2004
To: Mayor Coody
City Council
From: Sondra Smlth, City Clerk
Date: June 18, 2004
Subject: Recodification of the Fayetteville Code
Recommendation
j3 /off
y55-5
N,a op
Oi'dinG.HCcPs
The City Attorney's office and the City Clerk's office recommend that the new recodification of
the Fayetteville Code be approved.
We have conducted a review of the Fayetteville Code and after months of work the
recodification is complete. The majority of the changes that have been made are due to
ordinances that have been passed by the City Council requiring the code to be updated. The
department directors have also reviewed their sections of the code.
Discussion
An updated electronic version of the Fayetteville Code will enable the staff and the citizens of
the City of Fayetteville easy access to the code. Once the new codified version of the code is
approved it will be updated as ordinances are passed by the City Council.
BudgetImoact
None
dr Z(AtadM`� 7�2J�07%
ORDINANCE NO.
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE
OF ORDINANCES OF THE CITY OF FAYETTEVILLE,
ARKANSAS; PROVIDING FOR THE REPEAL OF CERTAIN
ORDINANCES NOT CONTAINED THEREIN, EXCEPT AS
HEREIN EXPRESSLY PROVIDED; AND PROVIDING FOR THE
MANNER OF AMENDING THE CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Code of Ordinances ("the Code"), consisting of Titles I to XIII;
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 supercede
all other general and permanent ordinances passed by the City Council prior to the passage of
this ordinance, to the extent provided in Section 2 hereof. The Unified Development Code,
adopted June 3, 2003, and revised on July 1, 2003 and thereafter, shall constitute Title XV of the
"Code of Fayetteville."
Section 2. That provisions of the Code shall be in full force and effect from and after
the effective date of the Code and all ordinances of a general permanent nature of the City of
Fayetteville, enacted on final passage prior to the passage of this ordinance, and not included in
the Code or recognized and continued in force by reference therein, are hereby repealed from and
after the effective date of the 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:
a)
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 the Code.
b) 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.
c) Any contract or obligation assumed by the City.
d) Any right or franchise granted by the City.
e) Any ordinance
dedicating,
naming,
establishing,
locating, relocating, opening,
paving, widening
or vacating
any street
or public way
in the City.
f) Any ordinance creating or otherwise relating to any water, sewer, or other
improvement district.
g) Any resolution or ordinance providing for the levy of taxes, appropriation, or for an
annual budget.
h) Any ordinance annexing territory to the City.
i) Any zoning ordinance, and amendments thereto, and ordinances amending the zoning
map or accepting and approving revised zoning maps.
j) Any ordinance dedicating or accepting any plat or subdivision in the City.
k) The entirety of Title XV, Unified Development Code.
1) Any administrative ordinance or resolution not in conflict or inconsistent with the
provisions of the 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 any and all additions and amendments to the Code when passed in
such a form as to indicate the intention of the City Council to make the same a part thereof, shall
be deemed to be incorporated in the Code so that reference to the "Code of Fayetteville,
Arkansas" shall be understood and intended to include such additions and amendments, and
having the same force and effect as if originally included therein, as provided in Arkansas Code
Annotated § 15-55-704.
Section 5. That three (3) copies of the Code shall be kept on file in the office of the
City Clerk, preserved in loose-leaf form, or in such other form as the City Clerk may consider
most expedient. These copies of the Code shall be available for all persons desiring to examine
same. 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 the Code, and to extract from the Code all provisions
which may be from time to time repealed. Additionally, the Fayetteville Code shall be placed
upon the City's website for immediate consultation by Fayetteville citizens.
PASSED and APPROVED this 6"' day of July, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
By:
APPROVED: *1
OW♦
DAN COODY, Mayor
STAFF REVIEW FORM - NON -FINANCIAL OBLIG2ION
XXX AGENDA REQUEST
For the Fayetteville City Council Meeting of: July 6,2004
FROM:
Sondra Smith
Name
ACTION REQUIRED:
City Clerk
Division
City Clerk
Department
Approval of the recodification of the Fayetteville
SUMMARY EXPLANATION: We have conducted a review of the Fayetteville Code
and after months of work the recodification is complete. The majority of the
changes that have been made are due to ordinances that have been passed by
the City Council requiring the code to be updated. The department
directors have also reviewed their sections of the code. An updated
electronic version of the Fayetteville Code will enable the staff and the
citizens of the City of Fayetteville easy access to the code. Once the new
codified version of the code is approved it will be updated as ordinances
are passed by the City Council.
STAFF RECOMMENDATION:
YY''0,0/I
- �Division Read Date
4AZ helo
City Atto ney Date
Department Di ctor Date
f� 6 --2
Finance 6 Internal Services Dir. Date
1-ZZ-o
Chief iniTfrive O icer Date
Mayor / D
Received in Mayor's Office U'I&GL} n,,.
Date
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
IM
Received in City Clerk's Office
No
10.01 TITLE OF CODE ......................... :....................................................................................................3
10.02 INTERPRETATION.......................................................:..................................................................3
10.03 APPLICATION TO FUTURE ORDINANCES...................................................................................3
10.04 CAPTIONS.......................................................................................................................................3
10.05 DEFINITIONS...................................................................................................................................3
10.06 RULES OF INTERPRETATION ....................................................................................................3
10.07 SEVERABILITY................................................................................................................................4
10.08 REFERENCE TO OTHER SECTIONS............................................................................................4
10.09 REFERENCE TO OFFICES.............................................................................................................4
10.10 ERRORS AND OMISSIONS...........................................................................................................4
• 10.11 OFFICIAL TIME................................................................................................................................4
10.12 REASONABLE TIME., ................... p ....................... 4
10.13 ORDINANCES REPEALED.............................................................................................................4
10.14 ORDINANCES UNAFFECTED........................................................................................................4
10.15 EFFECTIVE DATE OF ORDINANCES............................................................................................4
10.16 REPEAL OR MODIFICATION OF ORDINANCE.............................................................................5
10.17 ORDINANCES WHICH AMEND OR SUPPLEMENT CODE ......... .............-..................................5
10.19-10.98 RESERVED...............................................................................................................................5
10.99 GENERAL PENALTY.............................................:...................... c
0
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TITLE I GENERAL PROVISIONS _
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DRAFT
TITLE I GENERAL PROVISIONS
CHAPTER 10: GENERAL PROVISIONS
10.01 Title Of Code
This codification of ordinances by and for the City of
Fayetteville, shall be designated as the Code of
Fayetteville and may be so cited.
(Code 1991, §lo.01)
State law reference(s)-A.C.A. Authority to codify
ordinances §14-55-701 of seq,
10.02 Interpretation
Unless otherwise provided herein, or by law or
implication required, the same rules of construction,
definition, and application shall govem the interpretation
of this Code as those governing the interpretation of
state law. Except as noted in the Unified Development
Code, the Fayetteville Code shall be interpreted by the
City Attorney.
(Code 1991, §10.02)
10.03 Application To Future Ordinances
All provisions of Title I compatible with future legislation,
shall apply to ordinances hereafter adopted amending
or supplementing this Code unless otherwise
specifically provided.
(Code 1991, §10.03)
10.04 Captions
Headings and captions used in this Code other than the
title, chapter, and section numbers are employed for
reference purposes only and shall not be deemed a
part of the text of any section.
(Code 1991, §10.04)
10.05 Definitions
(A) General rule. Words and phrases shall be taken in
their plain, ordinary and usual sense. However,
technical words and phrases having a peculiar and
appropriate meaning in law shall be understood
according to their technical import.
(6) For the purpose of this Code, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning:
City, municipal corporation or municipality. The
City of Fayetteville, Arkansas.
Code, this Code or this Code of Ordinances. This
Code as modified by amendment, revision, and
adoption of new titles, chapters, or sections.
CD10:3
County. Washington County, Arkansas.
May. The act referred to is permissive.
Officer, office, employee, commission, or
department. An officer, office, employee, commission,
or department of this municipality unless the context
clearly requires otherwise.
Person. Extends to and includes person, persons,
firm, corporation, co -partnership, trustee, lessee, or
receiver. Whenever used in any clauses prescribing
and imposing a penalty, the terms person or whoever
as applied to any unincorporated entity shall mean the
partners or members thereof, and as applied to
corporations, the officers or agents thereof.
Preceding or following. Next before or next after,
respectively.
Shall. The act referred to is mandatory.
State. The State of Arkansas.
Subchapter. A division of a chapter, designated in
this Code by a heading in the chapter analysis and a
capitalized heading in the body of the chapter, setting
apart a group of sections related by the subject matter
of the heading. Not all chapters have subchapters.
(Code 1991, §10.05)
10.06 Rules Of Interpretation
The construction of all ordinances of this municipality
shall be by the following rules, unless such construction
is plainly repugnant to the intent of the legislative body
or of the context of the same ordinance:
(A) Acts by assistants. When a statute or ordinance
requires an act to be done which, by law, an agent
or deputy as well may do as the principal, such
requisition shall be satisfied by the performance of
such act by an authorized agent or deputy-
(B) Gender, singular and plural, tenses. Words
denoting the masculine gender shall be deemed to
include the feminine and neuter genders; words in
the singular shall include the plural, and words in
the plural shall include the singular, the use of a
verb in the present tense shall include the future, if
applicable.
(C) General term. A general term following specific
enumeration of terms is not to be limited to the
class enumerated unless expressly so limited.
DRAFT
TITLE I GENERAL PROVISIONS
(Code 1991, §10.06)
10.07 Severability
If any part, provision, or section of this code is held
invalid or unconstitutional, it shall be severed from the
remainder which shall remain valid and enforceable.
(Code 1991, §10.07)
10.08 Reference To Other Sections
Whenever in one section reference is made to another
section hereof, such reference shall extend and apply
to the section referred to as subsequently amended,
revised, recodified, or renumbered unless the subject
matter is changed or materially altered by the
amendment or revision.
(Code 1991, §10.08)
10.09 Reference To Offices
Reference to a public office or officer shall be deemed
to apply to any office, officer, or employee of this
municipality exercising the powers, duties, or functions
contemplated in the provision, irrespective of any
transfer of functions or change in the official title of the
functionary.
(Code 1991, §10.09)
10.10 Errors And Omissions
If a manifest error is discovered consisting of the
misspelling of any words; the omission of any word or
words necessary to express the intention of the
provisions affected; the use of a word or words to which
no meaning can be attached; or the use of a word or
words when another word or words was clearly
intended to express such intent, such spelling shall be
corrected and such word or words supplied, omitted, or
substituted as will conform with the manifest intention,
and the provisions shall have the same effect as though
the correct words were contained in the text as
originally published. No alteration shall be made or
permitted if any question exists regarding the nature or
extent of such error.
(Code 1991, §10.10)
10.11 Official Time
The official time, as established by applicable state and
federal law, shall be the official time within this
municipality for the transaction of all municipal
business.
(Code 1991, §10.11)
10.12 Reasonable Time
(A) In all cases where an ordinance requires an act to
be done in a reasonable time or requires
reasonable notice to be given, reasonable time or
notice shall be deemed to mean the time which is
necessary for a prompt performance of such act or
the giving of such notice.
CD10:4
(B) The time within which an act is to be done, as
herein provided, shall be computed by excluding
the first day and including the last. If the last day
falls upon a weekend or holiday, the next regular
business day shall be deemed the last day to do
the act timely.
(Code 1991, §10.12)
10.13 Ordinances Repealed
This Code, from and after its effective date, shall
contain all of the provisions of a general nature
pertaining to the subjects herein enumerated and
embraced. All prior ordinances pertaining to the
subjects treated by this Code shall be deemed repealed
from and after the effective date of this Code. The
previously adopted Unified Development Code (Chapter
150-175) remain in full force and effect. -
(Code 1991, §10.13)
10.14 Ordinances Unaffected
All ordinances of a temporary or special nature and all
other ordinances pertaining to subjects not embraced in
this Code shall remain in full force and effect unless
herein repealed expressly or by necessary implication.
(Code 1991, §10.14)
10.15 Effective Date Of Ordinances
All ordinances passed by the City Council without an
emergency clause shall take effect on the day next
following the deadline fixed by 36.15 of the Code of
Fayetteville for the filing of a referendum petition with
the City Clerk. Ordinances passed with an emergency
clause shall go into effect immediately, but shall not be
effective to impose a fine, penalty, forfeiture or
deprivation of liberty or property until after the
ordinance has been published or posted as is otherwise
required by law.
(Code 1991, §10.15; Ord. No. 4339, 9-1"1)
Cross reference(s)—Referendums, §36.15.
State law reference(s)—Publishing or posting
requirements, A.C.A. §4-55-206; Voting requirements for
passage, as amended by Act 1187 of 2001, Section 1, (c)(1),
(2), and(3), A.CA §14-55-203.
•
DRAFT
' TITLE 1 GENERAL PROVISIONS
10.16 Repeal Or Modification Of Ordinance 10.99 General Penalty
(A) Whenever any ordinance or part of an ordinance (A) Maximum penalties permitted.
shall be repealed or modified by a subsequent
ordinance, the ordinance or part of an ordinance (1) The city shall not inflict any fine or penalty, by
thus repealed or modified shall continue in force ordinance or otherwise, to a greater sum than
until the ordinance repealing or modifying it $500.00 for any one specified offense or
becomes effective. violation of a bylaw or ordinance, or double
that sum for each repetition of such offense or
(B) No suit, proceedings,. right, fine, forfeiture, or violation.
penalty instituted, created, given, secured, or
accrued under any ordinance, given, secured, or (2) If a thing prohibited or rendered unlawful is, in
accrued under any ordinance previous to its repeal its nature, continuous in respect to time, the
shall in anywise be affected, released, or fine or penally for allowing the continuance
discharged, but may be prosecuted, enjoined, and thereof, in violation of the bylaw or ordinance,
recovered as fully as if the ordinance had shall not exceed $250.00 for each day that it
continued in force unless it is otherwise expressly may be unlawfully continued.
provided.
(3) If any bylaw or ordinance provides for any
(C) When any ordinance repealing a former ordinance, greater fine, penalty or forfeiture than is
clause, or provision shall be itself repealed, the provided in this section, it shall and may be
repeal shall not be construed to revive the former lawful, in any suit or prosecution for the
ordinance, clause, or provision, unless it is recovery thereof, to reduce it to such amount
expressly provided. as shall be deemed reasonable and proper
and to permit a recovery or render a judgment
(Code 1991, §10.16) for such amount as authorized.
• State law mference(s)-Publishing or posting (B) Imprisonment to enforce fine.
requirements, A.C.A. §74-55-206; Code prima facie evidence,
A.C.A. §14-55-703.
(1) When a fine has been imposed for the
10.17 Ordinances Which Amend Or violation of any of the ordinances of the city
and is not paid, the party convicted shall, by
Supplement Code order of the Fayetteville District Judge or other
proper authority or on process issued for the
(A) If the City Council shall desire to amend any purpose, be committed until the fine and costs
existing chapter, section, or subsection of this of prosecution shall be paid, or the party
Code, the chapter, section, or subsection shall be discharged by due course of law.
specifically repealed and a new chapter, section, or
subsection containing the desired amendment, (2) Any person convicted of a repeated and willful
substituted in its place. violation of any ordinance, who shall refuse or
neglect to pay theme imposed and the cost
(B) Any ordinance which is proposed to add to the of prosecution, by like order or process, shall
existing Code a new chapter, section, or be imprisoned and kept in confinement for any
subsection shall indicate, with reference to the term not exceeding 30 days.
arrangement of this Code, the proper number of
such chapter, section, orsubsection. In addition to (3) All persons imprisoned in the Fayetteville City
such indication thereof as may appear in the text of Jail shall be under the charge of the Chief of
the proposed ordinance, a caption or title shall be Police. All persons imprisoned in the County
shown in concise form above the ordinance. _ Jail shall be under the charge of the County
Sheriff. The Chief of Police or County Sheriff
(C) A statutory reference following the text of the shall receive and discharge the person in such
section indicates that the reader should refer to manner as shall be prescribed by the
that statute for further information. ordinances of the city and state statutes by
(Code 1991, §10.17) due course of law.
10.18-10.98 Reserved (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
CD10:5
DRAFT
TITLE I GENERAL PROVISIONS
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)
State law reference(s)—Fixing of punishment -
Misdemeanor, A.C.A §16-90-108; Maximum penalties, A.CA.
§14-55-504; Power to enforce penalty, A.C.A. §14-55-601;
Imprisonment for fine, A.C.A. §14-55-602; Working out fines,
A.C.A. §14-55-604; Suit for recovery of fines, etc., A.C.A. §14-
55-605; Additional remedies of cities of the first Gass, A.C.A.
§14-55-606; Disposition of fines, A.C.A.§14-55-608.
CD10;6
t
•
� DRAFT
§30.01='Form of Government" has been moved to §31.01 due to recodification.
•
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DRATT
• � ..+��::;..:.x�,.��t�ama���,�^cam—•--'.—'--...-•----------- ..�.,«_,.,,.,.,.., ..�,x........._..._..
ARTICLE I GENERAL PROVISIONS
31.01 FORM OF GOVERNMENT..............................................................................................................3
31.02 REMOVAL FROM OFFICE; FILLING VACANCIES..........................................................................3
31.03-31.14 RESERVED .............................. 3
ARTICLE 11 ELECTED OFFICIALS
31.15 CITY COUNCIL; MAYOR...................................................................................................................3
31.16 ALDERMEN. COMPENSATION.........................................................................................................3
31.17 MAYOR'S COMPENSATION......................................................................................................... .3
31.16 DISTRICT JUDGE COMPENSATION ...........................................................................................3
31.19-31.29 RESERVED...............................................................................................................................4
31.30 OFFICE OF CITY CLERK-TREASURER...........................................................................................4
• 31.31-31.44 RESERVED...............................................................................................................................4
31.45 CITY ATTORNEY; LEGAL DEPARTMENT .................................... e
CD31:1
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DRAFT
TITLE III ADMINISTRATION
CD31:2
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DRAFT
TITLE III ADMINISTRATION
CHAPTER 31: CITY OFFICIALS
ARTICLE I
GENERAL PROVISIONS
31.01 Form Of Government
The form of government provided for this city is
hereby known as the-Aldermanic form of
government."
(Ord. No. 3651, §1, 11-10-92)
31.02 Removal From Office; Filling
Vacancies
(A) Elected officers.
Elected officials of the City of Fayetteville may be
removed from the office pursuant to A.C.A. §14-
42-109 upon a finding by a Circuit Court that
such official is guilty of nonfeasance in office.
(B) If any such official is removed for nonfeasance,
the vacancy shall be filled in the manner provided
by stale law. When any official is removed under
the provisions of subsection (A) of this section,
the vacancy shall be filled in the manner provided
by law.
(Code 1965, §§2-14, 2-15; Ord. No. 761, 9-4-33; Code 1991,
§31.01)
State law mference(s)-Removal of elective or
appointed officers, A.CA §14A2-109. -
31.03-31.14 Reserved
ARTICLE II
ELECTED OFFICIALS'
31.15 City Council; Mayor
(A) There shall be eight aldermen on the City
Council, who shall be elected as set forth in
§32.01.
(B) The Mayor shall perform such duties as are
prescribed by law for mayors of cities of the first
class having an aldermanic form of government.
State few mference(s)- Officials in mayor -council
cities of 50,000 or more, A.C.A. §1443-303; Mayor
generally, A.C.A. §1443-401.
CD31:3
31.16 Aldermen, Compensation
Compensation for each alderman shall be in the
amount of $700.00 per month without regular city
benefits.
(Ord. No. 3660, §§1, 2, 12-1-92; Ord. No. 4109. §1, 8-4-98)
State law reference(s)-Compensation of officials
generally, A.C.A. §14-43409.
31.17 Mayor's Compensation
Compensation for the mayor shall be as follows:
(A) The base salary shall be set at a level that is 5%
greater than the average of the salaries of each
chief and the department directors reporting to
the Mayor.
(B) The salary shall be adjusted one time per year,
as provided above, at the payroll period
coincident with or first following January 1st.
(C) Termination and replacement of an employee in
the positions designated above is not cause for a
pay increase or decrease at the time of such
action.
(D) An annual automobile allowance of $5,000.00
shall be paid in equal installments each pay
period in lieu of the city furnishing a car.
(Ord. No. 3659, §§1, 2, 12-1-92; Ord. No. 3764, §t, 3-1-94;
Code 1991, §31.17)
State law reference(s) -Compensation of officials
generally, A.C.A. §14-43-409.
31.16 District Judge Compensation
(A) The District Judge of Fayetteville's compensation
shall fall within the current pay range determined
by the most recent public sector survey
conducted by the city, or independent survey
contractor and any applicable state law.
(B) Annually at the first payroll period coincident with
or first following January 1st, a pay adjustment
will be made equal to the average percentage
pay increase granted to regular full fime non -civil
service city employees during the previous
calendar year.
(C) Cumulative annual pay Increases over time may
not cause the salary level to exceed the salary
range for the position without City Council
DRAFT
TITLE III ADMINISTRATION
approval.
(Ord. No. 4357, 12-18-01)
Cross references) -District Judge, §38.02.
State law reference(s)- Salaries of personnel and
other requirements of various municipal courts, A.C.A. §16-
17-108.
31.19-31.29 Reserved
31.30 Office Of City Clerk -Treasurer
(A) Created. There is hereby created the office of
the City Clerk, a department of the city. The City
Clerk is hereby designated Clerk -Treasurer by
the City Council and shall assume the duties of
both clerk and treasurer. The office of City Clerk
shall consist of the elected City Clerk, who shall
be head of the office of City Clerk, together with
Deputy City Clerks, Microfilm Clerks, Secretaries,
Clerks, and such other employees as may from
time to time be required by the office of the City
Clerk. The number of employees in each of
these categories and their respective salaries
shall be fixed from time to time by the City
Council through the city's budgetary processes.
(B) Hiring. The elected City Clerk shall hire and
supervise the employees of the office of the City
Clerk following the city personnel policy.
(C) Duties. The duties of the City Clerk with the
assistance of the staff of the office of City Clerk
shall be as follows:
(1) The City Clerk shall perform such duties as
are prescribed by law for City Clerks of cities
of the first class having an aldermanic form
of government and such duties as may be
prescribed by the City Council.
(2) The duties prescribed for the City Clerk shall
be performed by the City Clerk, and in the
absence of the City Clerk by a Deputy City
Clerk appointed by the City Clerk.
(D) Full-time employment. The City Clerk and his/her
duly authorized deputies and/or assistants shall
be full-time officers and employees of the City of
Fayetteville and shall not engage in outside
employment without complying with the city's
personnel policy.
(E) -Salary.
CD31:4
(1) Salary for a newly elected or appointed City
Clerk shall be $45,000.00.
(2) Upon re-election to the same position, the
official shall retain their existing pay level.
(3) Annually at the first payroll period coincident
with or first following January 1st, a pay
adjustment will be made equal to the
average percentage pay increase granted to
regular full-time non civil service city
employees during the previous calendar
year.
(4) Cumulative annual pay increases over time
may not cause the salary level to exceed the
salary range for the position without City
Council approval.
State law reference(sy-Duties of City Clerk, A.C.A.
§1443-506; Clerk -Treasurer in Mayor -Council cities, A.C.A.
§14-43-405.
31.31-31.44 Reserved
31.45 City Attorney; Legal Department
(A) Legal Department created. There is hereby
created the Legal Department, a department of
the city. The legal department shall consist of the
elected City Attorney, who shall be head of the
legal department, together with Assistant City
Attorneys, City Prosecutor, Assistant City
Prosecutors, Legal Interns, Paralegals, Legal
Secretaries, Clerks and such other employees as
may from time to time be required by the legal
department. The number of employees in each
of these categories and their respective salaries
shall be fixed from time to time by the City
Council through the city's budgetary processes.
(B) Hiring. The elected City Attorney shall hire and
supervise the employees of the city legal
department following city personnel policy.
(C) Duties. The duties of the City Attorney with the
assistance of the staff of the legal department
shall be as follows:
(1) To draft all ordinances, resolutions,
contracts, leases, conveyances, bonds, and
such other instruments of writing as may be
required by the business of the city.
(2) To furnish written opinions upon subjects of
a legal nature relating to the affairs of the city
government when requested to do so by the
r �
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1DRAFT]
TITLE III ADMINISTRATION
mayor, an administrative department head, a (F) Restrictions. The legal department of the city
member of the City Council, or the shall not be required to render legal services in
chairperson of any administrative board, connection with a legal matter or legal
commission, or authority of the city, proceeding not otherwise provided for in
subsection (A) above, including but not limited to,
(3) To furnish legal advice regarding the bond opinions, representation of any independent
activities of the city to the mayor, members organizations, boards, councils or foundations
of the City Council, and all other city officials and performing any duties for any improvement
and administrative department heads. district.
(4) To attend meetings of the City Council, (G) Salary.
Planning Commission, Board of
Adjustments, A & P Commission, and upon (1) Salary for a newly elected or appointed City
request by the chairperson thereof, to attend Attorney is established at $65,000.00.
any meeting of any other City Council
Committee, administrative board, (2) Upon re-election to the same position, the
commission, or authority of the city. official shall retain their existing pay level.
(5) Represent the city as needed in civil (3) Annually at the first payroll period coincident
litigation; file all cases and civil actions with or first following January 1st, a pay
approved by the City Council required to adjustment will be made equal to the
Protect the interests of the city. average percentage pay increase granted to
regular full-time non civil service city
(6) To prosecute all cases whether civil or employees during the previous calendar
criminal involving the violation or year.
enforcement of city ordinances before the
• district court; to prosecute all cases whether (4) Cumulative annual pay increases over time
civil or misdemeanor criminal cases involving may not cause the salary level to exceed the
violations of the state laws within the salary range for the position without City
corporate limits of the city before the district, Council approval.
juvenile, or circuit courts and to prosecute or
defend all appeals of any of such cases from (Code 1965, §2-11; Ord. No. 1474, 12-6-69; Ord. No. 1865,
the district court to the circuit court. The city 5-26-72; Ord. No. 1991, 3-5-74; Ord. No. 3744, §1, 12-7-93;
attorney shall assign at least one full-time Ord. No. 3765. §1, 3-1-94; Code 1991, § 31.45; Ord. 4440,
assistant city attorney as city prosecutor to 11-19-02)
carry out such duties. State law references) —City Attomey in Mayor -Council
of 50,000 or more, A.C.A. §14-43-314; Compensation of City
(7) Perform such other duties as are prescribed Attorneys, A.CA §14-43-410; Deputy City Attorneys, A.C.A.
by law for city attorneys of cities of the first §14-43-467.
class.
(D) Full-time employment. The City Attorney and _
his/her duly authorized assistants shall be full
time officers and employees of the City of
Fayetteville and shall not engage in outside
employment, including the private practice of law,
without complying with the city's personnel policy.
(E) Authority to retain counsel other than City
Attorney. Should the City Council determine that
it would be in the best interest of the city for an
attorney other than the City Attorney to render
legal services in connection with a legal matter or
legal proceedings, the City Council may, by
.Majority vote, retain a private attorney to render
said services.
• CD31:5
JDRAFT
k . ti.TITL`EIIIAUMINIBTR7TI01
32.01 ELECTION PROCEDURE
32.02 REPEALED
32.03 WARDS
.................3
9
32.04-32.99 RESERVED.................................................................................................................................4
•
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CD32:2
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.i TITLE III ADMINISTRATION
CHAPTER 32: CITY COUNCIL
32.01 Election Procedure
(A) The candidates for alderman, Position 1 and
Position 2, in any ward, shall be elected by ward,
and shall be voted upon only by the qualified
electors of the ward from which the person is a
candidate.
(B) The name of the candidate shall appear upon the
ballot only in the ward in which he/she is a
candidate.
(C) Alderman are elected to four year terms with
Position t Alderman elected during the general
election of 2006 and Position 2 Alderman elected
during the general election of 2004.
(Ord. No. 3664, %1, 2, 12-15-92, Ord. 4077, 1-20-98; Code
1991, §32.01)
State law mference(sy-Election of aldermen at large
or by wards, A.C.A. §14-43-307; Officials in mayor -council
cities of 50,000 or more, A.C.A. §14-43-303.
32.02 Repealed
(Ord. 4456 01-21-03)
32.03 Wards
The city is divided into four wards and each ward shall
include all that part of the city lying within the
boundary lines established by the Ward- Boundary
Map for viewing in the City Clerk's Office and marked
Exhibit A to Ordinance 4404.
Note —Ordinance No. 4404, adopted June 18. 2002,
enacted provisions which pertains to changing boundaries in
Wards 1 and 2 to update the city's ward map as a result of
the 2000 Federal Census.
CD32:3
I
DRAFT
TITLE III ADMINISTRATION
Exhibit A (Ord. No. 4091, 5-5-98; Ord. No. 4404, 6-18-02)
'The City Ward Map has been updated by annexations through June 17, 2004.
32.04-32.99 Reserved
CD32:4
•
ARTICLE 1 GENERAL PROVISIONS
33.001 CITY ORGANIZATIONAL CHART....................................................................................................5
33.002-33.004 RESERVED.........................:...................................................................................................7
ARTICLE II DEPARTMENT OF FINANCE
33.005 ESTABLISHMENT....................................................................................:........................................7
33.006 'SUBDIVISION INTO OFFICES... .................. ................................................. 7
33.007 DUTIES...............................................................................................................................................7
33.008-33.014 RESERVED.......
ARTICLE III DEPARTMENT OF PARKS AND RECREATION
33.015 ESTABLISHMENT
• 33.016 ADMINISTRATION.................................................................:......................
33.017 DUTIES ...............................
33.018 PARKS AND RECREATION ADVISORY BOARD .............
33.019-33.029 RESERVED...............................................................
ARTICLE IV POLICE DEPARTMENT
33.030 APPOINTMENT OF CHIEF OF POLICE .............................
7
7
7
33.031-33.044 RESERVED............................................................................................................................8
ARTICLE V FIRE DEPARTMENT
33.045 SEPARATE OFFICE OF CHIEF OF FIRE DEPARTMENT CREATED............................................8
33.046 PROVIDING FIRE PROTECTION SERVICES OUTSIDE CITY........................................................8
33.047 INTERFERING WITH FIREFIGHTERS..............................................................................................9
33.048 DAMAGING OR TAMPERING WITH FIRE APPARATUS................................................................9
33.049 UNAUTHORIZED RIDING ON FIRE VEHICLES ............................................ o
33.050 RESPONSE TO HAZARDOUS MATERIALS INCIDENTS...............................................................9
• CD33:1
DRAFT
33.051-33.064 RESERVED...............................................................................................................
ARTICLE VI PUBLIC FACILITIES BOARD
33.065 FINDINGS .................. ..............................................................
:........... ..................................
33.066 ESTABLISHMENT................................................................................................................
33.067 MEMBERS OF THE BOARD; TERM OF OFFICE;
DURATION OF THE BOARD .............
33.068 POWERS OF THE BOARD..................................................................................................
33.069 BOND PROCEEDS; INVESTMENTS...................................................................................
33.070 ISSUANCE OF REVENUE BONDS......................................................................................
33.071 ORGANIZATION; REPORTS...............................................................................................
33.072-33.104 RESERVED................................................................................................................
ARTICLE VII PLANNING COMMISSION
33.105 ESTABLISHMENT...............................................................................................................
33.106 COMPOSITION.....................................................................................................................
33.107 TERMS OF MEMBERS.................................................................................I......................,
33.108 COMPENSATION................................................................................................................
33.109 POWERS AND DUTIES.......................................................................................................
33.110 APPOINTMENT PROCEDURES........................................................................................
33.111 ATTENDANCE REQUIREMENT FOR MEMBERS
OF THE PARKS AND RECREATION
ADVISORY BOARD AND PLANNING COMMISSION....................................................................
ARTICLE VIII SEWER COMMITTEE
33.112 SEWER COMMITTEE..........................................................................................................
33.113 - 33.204 RESERVED.............................................................................................................
ARTICLE IX TELECOMMUNICATIONS BOARD
33.205 PURPOSE AND INTENT.....................................................................................................
33.206 CREATION AND COMPOSITION.......................................................................................
33.207 OFFICERS............................................................................................................................
CD33:2
13
10 .
1
13
13
13
13
14
14
14
15
15
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DRAFT
33.208 STAFF SUPPORT.........................................................................
33.209 PROCEDURES.............................................................................
33.210 DUTIES..........................................................................................
33.211 SCHOOL SYSTEM PARTICIPATION ..........................................,
33.212-33.225 RESERVED.........................................................................
ARTICLE X HISTORIC DISTRICT COMMISSION
33.226 - 33.235 RESERVED......................................................................
ARTICLE XI ENVIRONMENTAL CONCERNS COMMITTEE
15
15
15
16
16
17
33.236
ESTABLISHED; MEETINGS.............................................................................................................17
33.237
PURPOSE AND DUTIES...................................................................................................................17
33.238
MEMBERSHIP; TERMS....................................................................................................................17
33.240-33.249
RESERVED.............................................................................................................................17
ARTICLE XII BOARD OF ADJUSTMENT
33.250 COMPOSITION; MEMBERSHIP.......................................................................................................17
33.251 PROCEEDINGS OF BOARD OF ADJUSTMENT.............................................................................17
33.252 ADMINISTRATIVE REVIEW..............................................................................................................18
33.2.53-33.259 RESERVED.............................................................................................................................18
ARTICLE XIII PLAT REVIEW COMMITTEE
33.260 COMPOSITION; MEMBERSHIP...................................................... ......... ..................................... 18
33.261-33.269 RESERVED ................... ............................................................ :............................................. 18
ARTICLE XIV SUBDIVISION COMMITTEE
33.270 COMPOSITION; MEMBERSHIP.......................................................................................................18
33.271-33.279 RESERVED.............................................................................................................................18
ARTICLE XV TREE AND LANDSCAPE ADVISORY COMMITTEE
33.280 COMPOSITION; MEMBERSHIP
• CD33:3
In
33.281 POWERS AND DUTIES.....................................................................................................................19
33.282-33.289 RESERVED.............................................................................................................................19
ARTICLE XVI BOARD OF SIGN APPEALS
33.290 COMPOSITION; MEMBERSHIP......................................................................................................19
i
33.291 POWERS AND DUTIES.....................................................................................................................19
33.292 CONFLICT OF INTEREST.................................................................................................................19
33.293-33,299 RESERVED.............................................................................................................................19
ARTICLE XVII YOUTH ACTIVITIES COMMITTEE
i
33.300 ESTABLISHED..................................................................................................................................19
33.301 PURPOSE..........................................................................................................................................19
I
33.303 COMPOSITION; MEMBERSHIP.......................................................................................................20
33.304 APPOINTMENT..................................................................................................................................20
33.305 TERMS OF OFFICE.....................................................................................................................
33.306 OFFICERS..........................................................................................................................................2
i
33.307 DUTIES OF THE CHAIR....................................................................................................................20
33.308 MEETINGS.........................................................................................................................................20
33.309 BYLAWS, RULES, AND REGULATIONS.........................................................................................20
33.310 REPORTING REQUIREMENT ............................ ..........................................................................
.....20
ARTICLE XVIII ADVERTISING AND PROMOTION COMMISSION
i
33.311 ADVERTISING AND PROMOTION COMMISSION ESTABLISHED................................................20
33.312-33.319 RESERVED.............................................................................................................................22
ARTICLE XIX PUBLIC TRANSIT BOARD
33.320 ESTABLISHMENT.............................................................................................................................22
33.321-33.999 RESERVED ....................................
CD33:4
•
• 1
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TITLE III ADMINISTRATION
CHAPTER 33: DEPARTMENTS, BOARDS,
COMMISSIONS, AND AUTHORITIES
ARTICLE 1
GENERAL PROVISIONS
33.001 City Organizational Chart
The departments, boards and commissions of the city
are organized as follows:
(Ord. 4476 04-01.03 §33.001)
CD33:5
� DRAFT
TITLE III ADMINISTRATION
11
•
TITLE III ADMINISTRATION
33.002-33.004 Reserved
(G) Supervise the spending of the funds allocated by
ARTICLE II the City Council in the annual budget in order that
DEPARTMENT OF FINANCE each item of disbursement will be in compliance
with the rules and regulations adopted by the City
33.005 Establishment Council governing budgetary expenditures.
There is hereby established the Department of (Code 1965, §2-35; Ord. No. 1381, 1-13 6K Code 1991,
Finance of the city. §33.007)
(Code 1965, §2-33; Ord. No. 1381. 1-13-64; Code 1991.
§33.005)
33.006 Subdivision Into Offices
The Department of Finance, may be, at the discretion
of the City Council, subdivided into offices having
specific areas of responsibility, such as but not
restricted to collecting, disbursing, and internal
auditing.
(Code 1965, §2-35; Ord. No. 1381, 1-13-64; Code 1991,
§33.006)
33.007 Duties
It shall be the duty of the Department of Finance to:
• (A) Collect, record, and issue receipts for all funds
legally levied by the municipal government of the
city and to perform this service in accordance
with the rules and regulations governing
collection, recording, and receiving, as approved
by the City Council. -
(B) Disburse money in accordance with the rules and
regulations governing the disbursement of funds,
as approved by the City Council.
(C) Advise the City Council at stated intervals of the
status of all funds, as well as the general fiscal
status of the municipal government.-
. (D) Present to the City Council suggested rules and
regulations or changes in current rules and
regulations that would improve systems for
collecting, disbursing, or budgeting funds.
(E) Recommend to the City Council the investment of
surplus funds.
(F) Assist and advise with the mayor, other elected
officials, department heads and the City Council
in the construction of the annual budget and in
long range projects requiring either the
acquisition of new funds or the build-up of
retained funds to achieve a capital outlay not
feasible in the annual budget.
40
33.008-33.014 Reserved
ARTICLE III
DEPARTMENT OF PARKS AND
RECREATION
33.015 Establishment
There is hereby established the Department of Parks
and Recreation of the city.
(Code 1965, §2-95;. Ord. No. 1526, 1-3-67; Code 1991,
§33.015)
33.016 Administration
The Department of Parks and Recreation shall be
administered and directed by a person appointed by
the mayor, who shall be known as the Director of
Parks and Recreation. Said director shall have one or
more assistants and such staff as the City Council
from time to time shall authorize.
(Code 1965, §2-96; Ord. No. 1526, 1-3-67; Code 1991,
§33.016)
33.017 Duties
It shall be the duties of the Department of Parks and
Recreation to:
(A) Develop and coordinate all recreation activities of
the city;
(B) Prepare development plans for present parks and
for future park areas;
(C) Investigate all federal programs for park and
recreation development and prepare necessary
forms;
(D) Supervise swimming pool operations;
(E) Develop and supervise a park maintenance
program;
(F) Coordinate city wide beautification efforts; and
(G) Perform such other duties and conduct such
CD33:7
TITLE III ADMINISTRATION
other activities in connection with the park,
recreation and cultural needs of the inhabitants of
the city, as the City Council shall from time to
time provide.
(Code 1965, §2-97; Ord. No. 1526, 1-3-67; Code 1991,
§33.017)
33.018 Parks And Recreation Advisory
Board
(A) Composition.
(1) The Parks and Recreation Advisory Board
shall be composed of eight members
appointed by the City Council. Each member
of the Parks and Recreation Advisory Board
shall serve a term of two years.
(2) All members of the Parks and Recreation
Advisory Board shall serve without
compensation.
(B) Meetings of advisory board and responsibilities.
The Parks and Recreation Advisory Board shall
meet monthly with the director of parks and
recreation. The advisory board shall advise and
recommend to the director of parks and
recreation, mayor and City Council on all aspects
of parks and recreation activities. Annually, the
advisory board shall develop a suggested work
program and operating budget to be submitted to
the city by November of each year for the
subsequent year. The advisory board shall also
recommend priorities for capital improvements
and means for financing same, and shall prepare
an annual progress report on parks and
recreation activities.
(Code 1965, §§2-98, 2-99; Ord. No. 1526, 1-3-67; Ord. No.
3058, 12-18-84; Ord. No. 3074, 3-19-85; Ord. No. 4290, 2-
20-01; Code 1991, §33.018)
33.019-33.029 Reserved
ARTICLE IV
POLICE DEPARTMENT
33.030 Appointment Of Chief Of Police
The mayor is hereby authorized to appoint the chief of
police, subject to the approval of the City Council.
(Code 1965, §16-1; Ord. No. 884, 3-5-45; Code 1991
§33.030)
Cross references) -Payment for unused .sick leave,
CD33:8
§37.03.
State law references) -Municipal. police departments .
genemlly, A -CA. §14-52-101 at seq.; Appointment and
removal of department heads, A.C.A. §14 12-110.
33.031-33.044 Reserved
ARTICLE V
FIRE DEPARTMENT
33.045 Separate Office Of Chief Of Fire
Department Created
The separate office of chief of the fire department of
the city is hereby created, to be filled in the manner
provided by law.
(Code 1965, §9-1; Ord. No. 909, 3-3-47; Code 1991,
§33.045)
State law references) -Municipal fire departments, -
A.C.A., §14-53-101 et seq.; Appointment and removal of
department heads, A.C.A. §14-42-110.
33.046 Providing Fire Protection
Services Outside City
The city fire department shall not provide fire
protection services beyond the corporate limits and
shall not combat any fire located outside the
corporate limits except pursuant to:
(A) A mutual aid agreement or written contract,
approved by - the City Council, with -another
municipal corporation or with a duly and legally
organized fire department which operates in
Washington County.
(B) A written contract executed with an individual
resident or property owner of a specific property
located not more than -two miles beyond the city's
corporate limits. Each property owner or resident
desiring to participate in such a contract shall pay.
to the city an annual fire suppression fee of
$487.00 per property for a 12 month period.
(C) The city fire department shall have the right to
refuse to respond to any fire located outside the
city's corporate limits if, in the judgment of the fire
chief, or authorized representative, fire protection
within the city would be impaired by such a
response.
(D) No contract shall be executed without the prior
determination by the fire chief, or his authorized
representative that the property covered by the
,l
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[D:IR A FIT]
TITLE III ADMINISTRATION
contract can be identified and serviced by the fire
department. 33.050 Response To Hazardous Materials
(Code 1965, §9-6; Ord. No. 1018, 3-24-52; Ord. No. 2737, 7- Incidents
21-81; Ord. No. 3019, 7-17-84; Code 1991, §33.046; Ord.
No. 3537. 3-19-91; Ord. No. 3697, §1, 4-20-93; Ord. No. (A) The Fayetteville Fire Department is hereby
4030. §t, 3.23-99; Ord. No. 4297, 3-20-01; Ord. No. 4391, authorized to respond to hazardous materials
5-7-02) incidents inside the city, outside the city where
contracts for fire protection with the city exist and
State law references) —Fire fighfing beyond municipal outside the city upon a call for assistance from
limits, A.C.A. §14-53-102. another fire department within Washington or
Benton Counties which is serviced by the
33.0471nterfering With Firefighters
It shall be unlawful for any person to molest or Northwest Arkansas Regional Hazardous
Materials Response Team.
otherwise interfere with any firefighter in the
performance of his duties. (B) As used in this section, "hazardous materials
(Code 1965, §9.2; Ord. No. 240) incident" shall mean any incident involving the
release, spill, leak or other undesirable
Cross reference(s)-Penalty, §10.99. accumulation of any substance for which a
Material Safety Data Sheet (MSDS) is required
State law references) --Operation of vehicles and under §311 of the Emergency Planning and
streetcars on approach of authorized emergency vehicles, Community Right -To -Know Act of 1986 (Public
A.cA. §27-51-901(b). Law 99.499).
33.048 Damaging Or Tampering With Fire (C) Rates, reimbursements, collections and records.
Apparatus
• It shall be unlawful for any person to damage, injure, (1) The Fayetteville Fire Department is hereby
tamper with, or interfere with any hose,- hose authorized to bill and collect from recipients
connection, vehicle, or other equipment or apparatus of services for all costs incurred by the fire
belonging to the fire department. It shall likewise be department responding to a hazardous
unlawful for any person to remove any such materials incident, including but not limited
equipment or apparatus from any fire station or other to:
place where it is used or kept, without authority of the
official in charge thereof. (a) A charge of $200.00 for the first hour
and $100.00 for each additional hour for
(Code 1965, §9-3; Ord. No. 80; Ord. No. 240; Code 1991, each major piece of fire apparatus which
§33.048) responds to the Incident;
Cross reference(s)-Penalty, §10.99, Penalty, A.C.A. (b) An hourly charge equivalent to the
§27-51-1001(axt)(Axi). regular hourly pay for each hour that
State law referent s Followin fire apparatus, each on -duty _employee of the fire
N } those department spends in response to
A.C.A. §27-5A §2; Crossing unprotected free hose and/or on the scene of the incident, and
prohibited, ACA §27-51-903.
the regular time and one-half rate of pay
33.049 Unauthorized Riding On Fire for each hour that each off -duty
Vehicles employee of the fire department spends
in response to and/or on the scene of
It shall be unlawful for any person, except in limited the incident;
circumstances as described in the Fayetteville Fire
Department policies, to ride or attempt to ride upon (c) The replacement costs of all expendable
any fire truck or other vehicle belonging to the fire equipment and supplies used by the fire
department. department in managing and mitigating
(de;the incident including any equipment
Co , §9-0; Ord. No. 240; Ord. No. 4105, §t, 7-7-s8; §33.049) damaged or made unusable by
contamination; and
Cross references f-Penalty, 510.99.
CD33:9 (d) All costs incurred by the fire department
• �
TITLE III ADMINISTRATION
for any labor, materials, or supplies
provided by third parties at the request
of the Fayetteville Fire Department,
including but not limited to, the
Northwest Arkansas Regional
Hazardous Materials Emergency
Response Team, local government
entities, business and industrial
facilities, specialists, consultants, and
utilities and any other costs necessary
to manage and mitigate the incident.
(2) The fire chief, or his designated
representative, shall collect charges due the
city for the provision of hazardous materials
incident services and shall:
(a) Prepare and issue .statements for
charges to persons, corporations,
partnerships or any other entities, who
are provided hazardous_ materials
incident services under this. section;
(b) File suit to collect delinquent charges
due within a reasonable time after the
service is provided;
(c) Maintain adequate records, which shall
contain the following information:
(i) Date;
(ii) Funds collected for services
rendered;
(Ili) Accounts. receivable;
(iv) Unpaid charges; and
(v). Such other information as may be
required by officials of the city.
(Ord. No. 3490, 7-3-90; Code 1991, §33.050)
33.051-33.064 Reserved
ARTICLE VI
PUBLIC FACILITIES BOARD
33.065 Findings
The City of Fayetteville hereby finds and determines:
(A) There exists within and near the city, including
the city's projected growth areas and the city's
extraterritorial planning areas, a .shortage o
decent, safe and sanitary residential housing
facilities available for rehabilitation, construction,
or purchase on terms that persons and families of
low and moderate income can afford to pay.
(B) Existing economic conditions including high rates
of interest on residential mortgage loans, and a
shortage of funds within lending institutions in the
state for residential mortgage loans are operating
to: Further restrict the rehabilitation, construction,
and purchase of residential housing by persons
of low and moderate income at reasonably
affordable costs; create unemployment and
hardship within the residential construction
industry, adversely affecting residents of the city;
and reduce and limit the value of property within
the city; all of which adversely affect the city's tax
revenues and which, if not alleviated, will lead to
further urban blight and decay and result in
disproportionately large expenditures for services
by the city.
(C) The availability of mortgage financing to assist
such persons and families in the rehabilitation,
construction or purchase of decent, safe, and
sanitary residential housing facilities will be aided
by the providing of funds for mortgage financing
of residential housing facilities by the creation of
a Public Facilities Board pursuant to the
provisions of Act No. 142 of the General
Assembly of 1975.
(D) The providing of financial assistance in order to
enable persons and families of low and moderate
income to finance the costs of decent, safe and
sanitary residential housing facilities is a proper
public purpose as declared by the act, and by this
determination of the City Council.
(E) The public purpose of financing residential
housing facilities may best be served by
establishing a Public Facilities Board to purchase
mortgages on such residential housing facilities
or make loans to mortgage lenders to provide
financing for residential housing facilities as
provided in the act.
(F) In addition to all other findings and ,public
purposes stated in this ordinance, the
development of housing, health care, and related
facilities for elderly persons, regardless of
income, serves a substantial public purpose and
there is a significant need in the _city for such
facilities.
T (Code 1965, §2-111; Ord. No. 24B5, 11-21-78; Ord. No.
2991, 3-20-84; Ord. No. 4021, §1, 2-la-97; Code 1991,
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§33.065) housing facilities within or near the city; including
State law reference(s}-Public Facilities Board Act, the city's projected growth areas and the city'sextraterritorial planning areas. In addition, the
A.C.A. §74-137-10t et seq. facilities board shall have each of the powers set
forth in A.C.A. §14-137-111, as amended, and
33.066 Establishment appropriate to the purposes for which the board
Pursuant to A.C.A. §14-137-107 there is created and is created unless otherwise restricted herein.
established the city Public Facilities Board The board may enter into which contractual or
(hereinafter known as "facilities board") with authority cooperative agreements with such persons as
as hereinafter provided to accomplish, finance, may in its discretion be advisable to accomplish
contract or purchase mortgage loans concerning, and the purposes of this article, including, without
otherwise act in such manner as may be permitted by limitation, departments, agencies, or
the act to provide decent, safe, and sanitary instrumentalities of the United Slates of America,
residential housing facilities within or near the city, the state or the city; for example, the Department
including the city's projected growth areas and the of Housing and Urban Development, the Federal
citys extraterritorial planning areas. Housing Administration, the Veterans'
Administration and the Arkansas Housing
Additional authority has been granted the facilities Development Agency. Prior to the issuance of
board by Ordinance No. 2708 and Ordinance No. any such bonds, the facilities board must submit
2991 and the facilities board's authority may vary as to the City Council for its approval the following
allowed by statute and as provided by further information:
amending ordinances which may be passed by the
city in the future. (1) The size of the proposed bond issue and all
related details, including, but without
(Code 1965, §2-112; Ord. No. 2485, 11-21-78: Ord. No. limitation:
4021, §2, 2-18-97; Code 1991. 633.066)
• 1 33.067 Members Of The Board; Term Of (a) principal amount;
Office; Duration Of The Board (b) date of the bonds;
The facilities board shall consist of five persons. The
initial members shall, as provided in A.C.A. §14-137- (c) interest payment dates;
107, be appointed by the mayor of the city to serve for
terms of one, two, three, four and five - years, (d) principal payment dates;
respectively. The members of the facilities board
shall be residents of the city and shall take and file (e) numbers;
with the City Clerk the oath of office prescribed by the
act. (0 denominations;
(Code 1965, §2-113; Ord. No. 2485, 11-21-78; Ord. No. (g) rates ofinterest;
2991, 3-20-84; Code 1991. §33.067)
(h) a schedule reflecting the annual
State law references) -Creating ordinance -Authority, principal maturities;
A.C.A. §14-137-107; Board members, A.C.A. §14-137-108.
(i) the semiannual interest requirements
33.068 Powers Of The Board and the total requirements; and
Q) applicable redempfion provisions.
(A) The facilities board is empowered, from time to
time, to loan, acquire, construct, reconstruct, (2) Recommendations for person to serve as
extend, equip, improve, sell, lease, and contract underwriter, trustee, and custodian for any
concerning (which shall include the purchase of such bonds and the mortgage lenders and
mortgage loans and the making of loans to servicing institutions with which the facilities
mortgage lenders) residential housing facilities as board shall contract, which the City Council
shall be determined by the facilities board to be reserves the right to select or approve. The
necessary to effect the purposes of this article to trustee and the custodian shall be institutions
provide decent, safe and sanitary residential located within the city, if such institutions are
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TITLE III ADMINISTRATION
qualified and such appointments do not.
otherwise adversely affect the rating of the 33.070 Issuance Of Revenue Bonds
bonds (if submitted for rating).
(B) The board is expressly authorized to issue
revenue bonds for the purpose of financing
residential housing, health care and related
facilities to serve elderly persons; provided said
facilities are owned by nonprofit corporations or
associations. The issuance of such revenue
bonds shall be accomplished by resolution duly
adopted by the city Public Facilities Board and
ratified by the City Council -
(Code 1965, §2-114; Ord. No. 2485, 11-21-78; Ord. No.
2991, 3-10-84; Code 1991, §33.068)
State law reference(s)-Powers generally -bidding and
appraisal procedure, A.CA §14-137-111.
33.069 Bond Proceeds; Investments,
(A) Any agreements made by the facilities board with
mortgage lenders must contain a provision to the
effect that such mortgage lenders may only loan
the proceeds provided to them to finance housing
located within the city's corporate limits and to
finance housing located within the city's projected
growth area and extraterritorial planning area. A
minimum of 75% of the bond proceeds shall be
available to finance housing located within the
city's corporate limits; and a maximum of 25% of
the bond proceeds shall be available to finance
existing housing located within the city's
projected growth area and extraterritorial
planning area. The facilities board shall have the
authority, after prior approval of the City Council,
to reallocate such percentages.
(B) This section shall apply only to bonds issued for
the purpose of financing owner -occupied
housing.
(C) The facilities board shall offer bond proceeds not
otherwise required to be deposited with the
custodian to financial institutions which have their
principal place of business located within the city
and which are qualified for such investments.
This section shall apply only to the proceeds of
bonds issued for the purpose of financing owner -
occupied housing.
(Code 1965, §2-115, 2-116; Ord. No. 2485, 11-21-78; Ord.
No. 2991, 3-20-84; Code 1991, §33.069)
(A) The facilities board is authorized and is limited to
issue this initial series of revenue bonds, in
accordance with the conditions set forth in
§33.068, and to use the proceeds, either alone or
together with other available funds and revenues,
to accomplish the purposes for which the facilities
board is created as the same relates to the
providing of decent, safe, and sanitary residential
housing facilities. Such revenue bonds shall be
obligations only of the facilities board and shall
not constitute an indebtedness for which the faith
and credit of the city or any of its revenues are
pledged, and the principal and interest on the
bonds shall be payable from and secured by a
pledge of revenues derived from residential
housing facilities financed, in whole or in part,
from bond proceeds and as authorized by, and in
accordance with the provisions of law, together
with such other collateral as may properly be
pledged under the act and as the facilities board
in its discretion may determine.
(B) This section shall apply only to the issuance of
bonds for the purpose of financing owner -
occupied housing. The board is expressly
authorized to issue bonds for the purpose -of
financing housing, health care, and related
facilities to serve elderly persons, provided said
facilities are owned by nonprofit corporations or
associations.
(Code 1965, §2-117; Ord. No. 2485, 11-21-78; Ord. No.
2991. 3-20-84; Code 1991, §33.070)
'Note -It should be noted that Ord. No. 4021, adopted
Feb. 18, 1997, provided in the preamble and §3 that §9 of
Ord. No. 2485 provided for the appointment of a bond
counsel for the issuance and sale of residential housing
facility bonds, and said appo6tment is only for the residential
housing facilities bonds first authorized on Ord. No- 2485
prior to the amendments thereto.
33.071 Organization; Reports
As soon as practicable after the adoption of this
article the facilities board shall meet and elect such
officers as shall be required by law. The facilities
board may adopt such bylaws and other rules and
regulations as shall be necessary for the conduct of
its business and consistent with the provisions of the
act. The facilities board shall cause to be filed with
the City Clerk of the city the annual report.
State law references) -Use of funds and revenue- (Code 1965, §2-118; Ord. No. 2485, 11-21-78; Code 1991,
bonds, A.C.A.§14-137-115. §33.071)
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State law reference(s)-Annual reports, A.C.A. §14-
137-123.
33.072-33.104 Reserved
ARTICLE VII
PLANNING COMMISSION
33.105 Establishment
There is hereby created a city Planning Commission.
(Code 1965, §2-80; Ord. No. 956, 9-1249)
State law reference(s)-Municipal planning
commissions generally, A.C.A., §15-66-401 at seq.
33.106 Composition
The Planning Commission ("commission") shall
consist of nine members, all of who shall be citizens
of Fayetteville, and at least two-thirds of whom shall
not hold any municipal office or appointment. No two
members of the commission ("commissioners") shall
be related by blood or marriage in the third degree,
nor shall any two commissioners have direct financial
involvement. All commissioners must disclose
annually all real estate holdings in Fayetteville and the
Fayetteville planning area, and any business or
financial interest which could affect, or be affected by,
decisions of the commission. All commissioners shall
have a demonstrated interest, experience, or
expertise in land use planning.
(Code 1965, §2-81; Ord. No. 956, 9-12-49; Ord. No. 3872,
§1, 2-21-95; Code 1991. §33.106)
State law references) -Appointment of members,
A.C.A. §14-56405.
33.107 Terms Of Members
Each commissioner, unless appointed to fill an
unexpired term, shall be appointed to serve a term of
three years. Such terms shall be staggered, with
three commissioners being appointed each year. All
terms shall begin on April 1.
(Code 1965, §2-82; Ord. No. 1126, 3-25-57: Ord. No. 2404.
12-6-77; Ord. No. 3872, §1, 2-21-95; Code 1991, §33.107)
33.108 Compensation
The members of the Planning Commission shall serve
without compensation.
(Code 1965. §2-83; Ord. No. 956, 9.12-49; Code 1991,
§33.108)
State law references) --Compensation of members,
CD33:13
A.C.A.§15-56-409.
33.109 Powers And Duties
The Planning Commission shall have such powers
and duties as are now or hereafter prescribed or
granted by state statute.
(Code 1965, §2-84; Ord. No. 956, 9-12-49; Code 1991,
§33.109)
State law
references) -Powers
and
duties
of
cwnmission, A.C.A.
§14-56-412.
33.110 Appointment Procedures
When vacancies on the Planning Commission occur
because of resignation or tern expiration,, the city
shall follow the following procedure:
(A) The Rules of .Order and Procedure, Fayetteville
City Council, Revised and Adopted March 4,
2003, Section H, Citizens committees, as may be
amended from time to time, shall be incorporated
and made a part hereof as if set forth word for
word.
(B) The application forth for appointment to city
boards, commissions, and committees, as may
be amended from time to time, is herein
incorporated and made a part of this ordinance.
Applicants shall describe their philosophy and
approach to land use planning issues as they
impact the City of Fayetteville.
(C) Applicants shall disclose all real estate holdings
in Fayetteville and the Fayetteville planning area,
and any business or financial interest which could
affect, or be affected by, decisions of the
Planning Commission.
(Ord. No. 3872, §2, 2-21-95; Code 1991, §33.110)
State law reference(s) -Appointment of members,
A.C.A.§14-56-405.
'Note -It should be noted that §3 of Ord. No. 3872,
adopted Feb. 21, 1995. provides as follows:
33.111 Attendance Requirement For
Members Of The Parks And Recreation
Advisory Board And Planning Commission
By a vote of two-thirds of the City Council, any
Planning Commissioner may be removed from office
for cause. Cause shall include, but rat be limited to,
the following:
(A) Any member of the Parks and Recreation
Advisory Board or the Planning Commission
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TITLE III ADMINISTRATION j
who fails to attend at least 70% of all
meetings (regularly scheduled and specially
called) within the member's yearly periods of
service shall immediately tender his
or her letter of resignation and that position
shall be deemed vacant.
(B) Any board or commission member who has
been required to tender a letter of
resignation may present extenuating
circumstances within the letter of resignation
and request that the resignation not be
accepted by the City Council. If the letter of
resignation is not accepted by the City
Council, the position shall not be deemed
vacant and the member shall be reinstated
to complete the normal term of appointment.
(C) Planning Commissioners must attend at
least 60% of Agenda setting sessions and
tours unless that commissioner is currently
on the Subdivision Committee. If job
,requirements do not permit a member to
attend agenda meetings or tours prior to
5:00 P.M., the meetings and tours will be
scheduled for after normal working hours or
such member shall be excused from the
requirements of attending the agenda
meetings and tours.
(D) Planning Commissioners shall serve for six
month periods on the Subdivision
Committee in their second and third year of
service on the Planning Commission when
requested by the Chairman of the Planning
Commission.
(Code 1991, §33.204; Ord. No. 3872, §2, 2-21-95; Ord.
4544, 2-17-04)
Stale Law Reference(s) -Rules and Regulations §14-
56-408.
ARTICLE Vill
SEWER COMMITTEE
33.112 Sewer Committee
(A) There is hereby established a Sewer Committee
pursuant to state law. The Sewer Committee
shall be composed of four aldermen who serve at
the pleasure of the entire City Council. The
mayor may appoint, subject to City Council
approval, all members, (including replacement
members) of the Sewer Committee.
(B) The Sewer Committee shall have all powers,
duties and responsibilities provided to such
committee in A.C.A. §14-235-207, at. seq. All
actions and recommendations of the Sewer
Committee must be ratified and approved by the
City Council to become effective. The City
Council expresses its intent to exercise As control
of the Sewer Committee to the maximum extent
possible pursuant to state law.
(C) The Sewer Committee is also designated
advisory authority over the clean water system of
the city.'
(Ord.4561, 4-20-04)
33.113 - 33.204 Reserved
ARTICLE IX
TELECOMMUNICATIONS BOARD
33.205 Purpose And Intent •
It is the purpose and intent of the City Council of the
City of Fayetteville to redefine the scope of the current
Telecommunications Board to advise the City Council
on telecommunications issues and to coordinate and
oversee telecommunications franchise systems and
use of the public rights of way designated for public
access, educational, and governmental (PEG) use in
the City of Fayetteville as part of the city's
telecommunications infrastructure.
(A) Definitions. For the purposes of this ordinance, the
following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(1) Education Channels. Education channels
shall provide programming that is
educational and informational, with an
emphasis on locally -produced programming.
Programs may also be instructional, with
learning potential for all audiences.
(2) Government Channels. Government channels
provide citizens with convenient access to the -
city government. The station shall be
operated in an unbiased manner. The goal is
to create an informed and involved citizenry.
Content will generally be created or acquired
by local government employees, elected
CD33:14
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TITLE III ADMINISTRATION
officials, and volunteers, and will typically
provide information about services provided
by local, State, and regional governments,
issues faced by local governments, and
public meeting coverage.
(3) Public Access Channels. Public access
channels provide a forum for local residents
to express themselves. Content may include
video and other electronic information
'produced, directed and engineered by
community members. These productions
focus on many aspects of community life,
ranging from the services and activities of
community organizations to the opinions,
beliefs and artistic expressions of individuals
in the community, or outside productions
requested and introduced by community
members.
(4) Telecommunications Infrastructure.
Telecommunications infrastructure means the
shared portions of the telecommunications
transmission facilities used by the city,
including public rights of way, all transmission
mechanisms, and associated equipment and
software components necessary for the
management and control of the city's
information network. Telecommunications
facilities include, but are not necessarily
limited. to: - terrestrial radio, optical fiber
cables, satellite communications, radio and
television stations (traditional broadcast as
well as cable and satellite broadcast), and
public switched telephone network.
(Ord. No. 3549, 5.21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.205; Ord. 4504 07-15-03)
33.206 Creation And Composition
The Fayetteville Telecommunications Board shall
consist of seven members appointed by the City
Council. Members shall have experience in any one of
the following areas: telecommunications infrastructure
management, public policy development regarding
communication and telecommunications issues,
television, or other appropriate expertise. Members
shall be registered voters and residents of the City of
Fayetteville, and shall have resided therein for at least
six (6) months prior to their appointment Members
shall serve staggered four-year terms. Vacancies in
an unexpired term shall be filled by the City Council for
the remainder of the term.
(Ord. No. 3549, 5-21-91; Ord. No. 3986, §1, 7-16-96; Ord.
No. 4219, 2-1-00; Code 1991, §33.206; Ord. 4504 07-15-03)
• CD33:15
33.207 Officers
The Telecommunications Board shall elect from its
members a chairperson, who shall serve a one-year
term and shall be eligible for re-election to a
subsequent term or terms. Further, the
Telecommunications Board may elect such additional
officers and establish any committees as it deems
necessary for the proper performance of its duties.
(Ord. No. 3549. 5-21-91; Ord. No. 4219, 2-1-00: Code 1991,
§33.207; Ord 4504, 07-15-03)
33.208 Staff Support
The Mayor shall designate city employees to assist the
Telecommunications Board in performing its duties
and carrying out its responsibilities under this
ordinance.
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00: Code 1991.
§33208; Ord. 4504, 07-15-03)
33.209 Procedures
(A) The Telecommunications Board shall meet at
least -once each month and may meet more
frequently if necessary to carry out its duties. Four
members shall constitute a quorum.
(B) The Telecommunications Board shall establish
rules and regulations governing its procedures.
(C) The Telecommunications Board's meetings
and records shall be subject to the provisions
of the Arkansas Freedom of Information Act,
A. C.A. §§25-19-101 et seq., as it may be
from time to time amended.
(D) The Telecommunications Board shall provide
the City Council an annual report briefly
summarizing its previous year's activities, and
outlining its goalsTor the next.
(Ord. No. 3549, 5-21-91; Code 1991, §33.209; Ord. No.
4219. 2-1-00; Ord. 4504. 07-15-03)
33.210 Dirties
(A) The Telecommunications Board shall advise the
City Council and make recommendations on
telecommunications infrastructure issues,
including but not limited to the following:
(1) Use and administration of cable TV channels
designated for public access, educational,
and governmental (PEG) use;
(2) Use and
telecommunications
public rights of way
infrastructure;
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TITLE III ADMINISTRATION
administration of compliance for all contracts relating to
facilities and use of telecommunications. A summary of all
for telecommunications evaluations shall be forwarded to the City
Council quarterly for their review.
-
(3) Establishment and use of the City's PEG
facility;
(4) Any reports submitted to the City by a cable
TV operator, PEG channel user,
telecommunications agency, or other entities
regarding telecommunications matters;
(5) Funding for public access, educational, and
governmental (PEG) operations;
(6) Funding for the development and
maintenance of the city's telecommunications
infrastructure;
(7) Performance of any cable or
telecommunications operator serving the city,
with regard to rates, customer service,
technical standards, programming, and
requirements of the applicable franchise
agreement; and .
(8) Renewal of any franchise agreement between
a telecommunications agent and the City.
(B) Further, the Telecommunications Board shall have
the following duties and responsibilities;
(1) Oversee the administration of the City's PEG
facility;
(2) Oversee the administration of any cable
television channels or other
telecommunications facilities designated for
public access, educational, or governmental
(PEG) use, unless the City Council enters into
a contract with another entity or institution for
such administration. If the city enters into a
contract with another entity for administration
of a PEG channel, the Telecommunications
Board shall ensure contract compliance.
Whether administered by the city or
contracted, the Telecommunications .Board
shall :facilitate the creation of policies
regarding cablecast material selection, time
guidelines for cablecast material, viewer and
facility user complaint/feedback practices, and
other such policies regarding the use and
administration of the channels.
(3) Perform periodic evaluations of contract
(4) Facilitate dispute resolution concerning PEG
channels, including but not limited to
operations, program content, etc.; track the
complaints filed by citizens to assure that
telecommunications providers are responding
to complaints in an effective and timely
manner.
(5) Promote public awareness, use and
viewership of PEG channels;
(6) Identify telecommunications needs and
solutions in the City and define innovative
approaches to the use of expanding digital
capacity;
(7) Promote public awareness of
telecommunications policy issues; and,
(8) Forward a report to the City Council
recommending either renewal or replacement
of any cable or telecommunications agent no •
less than 45 days before the contract's
expiration.
(C) The Telecommunications Board shall have
authority- to establish and disseminate such
guidelines and regulations as are necessary to
carry out the duties and responsibilities set forth in
this section.
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code 1991,
§33.210; Ord. 4504, 7-15-03)
(Ord. No. 3549, 5-21-91; Ord. No. 4219, 2-1-00; Code.1991,
§33.211; Ord. 4504, 7-15-03)_ -
33.211 School System Participation
Recognizing the desire of the Fayetteville School
System to participate in access programming despite
a present inability to manage an access channel, the
board shall take into consideration the needs of the
Fayetteville School System, if any, in any channel it
may administer or any contract it may negotiate for
the administration of access channels.
(Ord. No. 3549, 5-21-91; Code 1991. §33212; Ord.. No.
4219, 2-1-00)
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33.212-33.225 Reserved
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ARTICLE X
HISTORIC DISTRICT COMMISSION
33.226 — 33.235 Reserved
The Historic District Commission is hereby
discharged, pursuant to A.C.A.§14-172-207(4)(C).
ARTICLE XI
ENVIRONMENTAL CONCERNS
COMMITTEE'
33.236 Established; Meetings
The City Council hereby establishes a committee to
be known as the Environmental Concerns Committee
which shall meet a minimum of six times per year.
33.237 Purpose And Duties
(A) The purpose of the committee shall be as follows:
(1) To address environmental concerns.
(2) Promote a safe and healthy environment.
(3) Maintain the natural beauty of the
environment within the city.
(B) The Environmental Concerns Committee shall
make recommendations to other city committees
and to the City Council on matters concerning the
environment.
33.238 Membership; Terms
(A) Membership:
(1) Such Committee membership shall be
composed of the following:
• One (1) City Council Member
• One (1) Member from Local Industry
• One (1) Member from a science
discipline
• Six (6) citizens -at -large
(B) Terms of Membership:
(1) The City Council member shall be appointed
by the Mayor and shall serve until replaced.
(2) Terms of all other members shall be three
years and shall be staggered so that each
year either two or three of the members
CD33:17
terms shall be available for appointment by
the Nominating Committee.
(3) Members of the Environmental Concerns
Committee serving at the time of the .
adoption of this ordinance shall continue to
serve their terms (or a shortened term)
without needing to be reappointed by the
Nominating Committee due to enactment of
this ordinance.
33.239 Conduct Of Meetings
The Environmental Concerns Committee shall
promulgate rules and regulations necessary for the
conduct of committee meetings and other business.
33.240-33.249 Reserved
(Ord. No. 3922, §1(D), (E), 9-5-95; Code 1991; Ord. No.
4462. 2-04-03)
ARTICLE XII
BOARD OF ADJUSTMENT
33.250 Composition; Membership
The Board of Adjustment shall consist of seven
members with its members to be appointed by the
City Council, each for a term of five years.
Appointments shall be staggered. A majority of the
membership of the Board of Adjustment shall
constitute a quorum. Members of the Board of
Adjustment may be removed from office by the City
Council for cause upon written charges and after
public hearing. Vacancies shall be filled by resolution
of the City Council for the unexpired term of the
member affected.
(Code 1965, App. A, ArL 12(1); Ord. No. 1747. 6-29-70;
Code 1991, §160.170; Ord. No. 4099, §1, 6-1&98)
33.251 Proceedings Of Board Of
Adjustment
(A) The Board of Adjustment shall adopt rules
necessary to the conduct of its affairs, and in
keeping with the provisions of the unified
development ordinance. Meetings shall be held
at the call of the chairperson and at such other
limes as the Board of Adjustment may determine.
The chairperson, or in his absence, the acting
chairperson, may administer oaths and compel
the attendance of witnesses. All meetings shall
be open to the public.
(B) The Board -of Adjustment shall keep minutes of
its proceedings, showing the vote of each
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TITLE III ADMINISTRATION
member upon each question, or if absent or 33.270 Composition; Membership
failing to vote indicating the fact, and shall keep The Subdivision Committee shall consist of three or
records of its examinations and other official more members of the Planning Commission
actions, all of which shall be a public record and appointed by the chairman of said commission. -
be immediately filed in the office of the city
planner. (Code 1965; App. A, Art. IV, §J; Ord. No. 1998, 5-7-74; Ord.
No. 2724, 5-19-81; Ord. No. 2935, 8-2-83; Ord. No. 3302,
(Code 1965, App. A, Art. 10(i); Ord. No. 1747, 6-29-70; Code 10-20-87; Code 1991, §154(3); Ord. No. 4099, 6-16-98)
1991, §160.174: Ord. No. 4099, 6-16-98)
33.252 Administrative Review
The Board of Adjustment shall hear and decide
appeals where it is alleged there is error or ambiguity
in any order, requirement, decision, interpretation, or
determination made by the city planner in the
enforcement of Zoning, Chapters 160 through 164.
(Ord. No. 4099, 6-16-98)
Cross mference(s)—Appeals, Ch.155; Variances, Ch.
156.
33.253-33.259 Reserved .
ARTICLE XIII
PLAT REVIEW COMMITTEE
33,260 Composition; Membership
The Plat Review Committee shall consist of the
following City Division Heads or their representatives:
• Building Safety Director;
• Transportation Manager,
• City Engineer;
• Solid Waste Operations Supervisor,
• Fire Chief;
• Transportation Superintendent;
• Zoning and Development Administrator,
• City Planning Consultant;
• All affected utility - companies may send
representatives.
The Plat Review Committee shall have advisory
capacity only. Its duty shall be to advise the developer
of technical problems, to recommend solutions of
such problems, and to . advise the developer of
mandatory requirements.
(Ord. No. 4099, 6-16-98)
33.261-33.269 Reserved
ARTICLE XIV
SUBDIVISION COMMITTEE
CD33
33.271-33.279 Reserved
ARTICLE XV
TREE AND LANDSCAPE
ADVISORY COMMITTEE
33.280 Composition; Membership
There is hereby created a committee to be known as
the "Tree and Landscape Advisory Committee,"
composed of citizens of Fayetteville.
(A) The committee shall consist of at least nine
members who shall be appointed through the
regular boards and committees appointment
procedure.
(1) Appointees shall include:
• one representative of the business
community;
• one representative of a service
organization;
• one representative from the land
development community;
• one person trained in the field of
forestry, landscaping or horticulture;
• one representative of an environmental
group focused on tree protection;
• one representative of the utility industry;
• one representative from the University
of Arkansas;
• two persons -at large who are residents
of the city or the best available
applicant.
(B) The landscape administrator shall be a nonvoting
exofficio member.
(C) All appointed members shall serve without pay.
(D) The committee shall elect from its members a
chairperson, who shall serve a one-year term and
shall be eligible for re-election to a subsequent
term or terms. The committee may elect such
additional officers and establish any
subcommittees it deems necessary for the proper
performance of its duties.
18
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TITLE III ADMINISTRATION
(E) Terms of membership on the Tree and
Landscape Advisory Committee shall be for a
period of two years. However, three of the initial
membership terms shall be for a period of one
year so as to provide for staggered membership
terms. Should a member be unwilling or unable
to serve the full membership term, the vacancy
shall be filled, for the unexpired term, by standard
appointment procedure.
(Ord. No. 4099, §1, 6-16-98)
33.281 Powers And Duties
(A) The committee shall adopt and amend rules and
govern the conduct of its business. Such shall be
consistent with the provisions of the Arkansas
Freedom of Information Act, A.C.A. § 25-19-101
et seq.
(B) The committee shall hold regular meetings and
may call special meetings if necessary to carry
out its duties.
(C) The Tree and Landscape Advisory Committee, in
coordination with the landscape administrator,
shall:
(1) Assist in the dissemination of news and
information regarding the protection,
maintenance, removal, and planting of trees
in the city.
(2) Organize and administer an ongoing
program of public education designed to
increase public awareness of trees, their
needs and proper care.
(3) Advise and consult on issues pertaining to
the Tree Protection. Ordinance, its
administration and enforcement.
BOARD OF SIGN APPEALS
33.290 Composition; Membership
The Board of Sign Appeals consists of members
appointed by the City Council to the Board of
Adjustment.
33.291 Powers And Duties
The Board of Sign Appeals shall hear and decide
appeals where it is alleged there is error in any order,
requirement, decision or interpretation made in the
enforcement of signs, Title XV, Chapter 174.
33.292 Conflict Of Interest
Any member of the Board of Sign Appeals who shall
have direct or indirect interest in any sign or in any
decision relating to such sign, which shall be the
subject matter of, or affected by, a decision of the
Board of Sign Appeals, shall be disqualified from
participating in the discussion, decision or proceeding
of the Board of Sign Appeals in connection therewith.
(Code 1965, §§17B-11.2(a), (b), (d); Ord. No. 2109, 6.3-75;
Ord. No. 2585, 12-4-79; Ord. No. 3153, 11-19-85; Ord. No.
3340, 3-15-88; Ord. No. 3587. §1, 1-7-92; Ord. No. 4099, 6-
16-98)
Cross reference(s) -Board of Adjustment,
Composition; membership., §33.250. Appeals, Ch. 155;
Variances, Ch. 156.
*Note —At the time of this publication, no substantive
provisions were included in Ord. No. 4099 for the subject
matter designated as §33.290, See: §33.291. Per planning
division staff it is the Board of Adjustments which sits as the
Board of Sign Appeals.
33.293-33.299 Reserved
ARTICLE XVII
YOUTH ACTIVITIES COMMITTEE
(4) Study the benefits and problems to 33.300 Established
determine the needs of the city in connection That the City Council of the City of Fayetteville,
with its trees. Arkansas hereby establishes an advisory committee,
to be known as the Youth Activities Committee, and it
(5) Pursue the establishment of a shall operate as follows:
comprehensive Fayetteville Street Tree Plan.
33.301 Purpose
(Ord. No. 3699, §4, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. The Youth Activities Committee shall create and
No. 3963, §2, 4-16-96; Code 1991, §§162.04 (A), 162.04
6
(C); Ord. No. 4099, -16-98) sponsor projects and events to give the children and
youth of the City of Fayetteville opportunities to
33.282-33.289 Reserved provide meaningful service to the City and its
inhabitants, and which serve to educate our children
ARTICLE XVI and youth about City government.
CD33:19
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TITLE III ADMINISTRATION
33.303 Composition; Membership
(A) The Youth Activities Committee shall
consist of twelve (12) members as
follows:
• One (1) member of the City
Council;
• Two (2) parents;
• Three (3) teachers;
• Two (2) at -large members shall be
private citizens, who are qualified.
electors residing in the City of
Fayetteville.
• Four (4) students, one (1) each
from Ramay and Woodland junior
high schools, and one (1) each from
the East and West campuses of
Fayetteville High School. The
registered voter requirement for
City committees is waived for
students.
33.304 Appointment
The Mayor shall appoint the City Council member to
the Committee. The City Council shall appoint all
other members (including student members) from
those names provided by the Nominating Committee,
in the manner set forth at §H(2) of the Rules of Order
and Procedure, Fayetteville Mayor/City Council, as
may be amended and revised from Ume to time.
33.305 Terms of Office
All teacher and parent members appointed to the
Youth Advocacy Committee under the provisions of
Ordinance No. 3975 shall serve out the remainder of
their present terms. For the purposes of this
Ordinance, the initial term for student members shall
end on August 31, 2003; for adult members the initial
term shall end on August 31, 2004. Thereafter,adult
members shall serve two (2) year terms. Students
shall serve one (1) year terms. The City Council
member shall serve at the discretion of the Mayor.
33.306 Officers
At the first regularly scheduled committee
meeting of each calendar year, the members
of the committee shall, by a simple majority,
elect from among themselves a Chair and
Vice Chair.
33.307 Duties Of The Chair
The Chair shall preside at all meetings of the
committee, and shall inform representatives
of the Fayetteville Police Department, the
Yvonne Richardson Center, and the
Fayetteville Boys and Girls Club of the dates
and times of all committee meetings, as well
as the projects and events sponsored by the
committee.
33.308 Meetings
The Youth Activities Committee shall meet at
least six (6) times per year to conduct
regular business at a time and place that is
mutually convenient to the membership. The
committee may meet more frequently, as the
need shall arise.
33.309 Bylaws, Rules, And
Regulations
The Youth Activities Committee shall adopt
such bylaws, rules, and regulations as are
necessary for the conduct of committee
meetings and other business.
33.310 Reporting Requirement •
The Youth Activities Committees shall present an
annual report to the City Council outlining the projects and events sponsored by the committee during the
preceding year.
(Ord. No. 3875, 2-21-95; Ord. No. 4304, 3-20-00; Ord. No.
4438, 11-19-02)
ARTICLE XVIII
ADVERTISING AND
PROMOTION COMMISS
33.311 Advertising And Promotion
Commission Established
(A) There is hereby created the city Advertising and
Promotion Commission ("the commission"). The
commission shall have the powers and duties
prescribed by Act 185, as now or hereafter
amended. The commission shall be composed
of seven members as follows:
CD33:20
(1) Four members shall be owners or managers
of business in the tourism industry, at least
three of whom shall be owners or managers
of hotels, motels, or restaurants, and who
shall serve for staggered terms of four years.
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TITLE III ADMINISTRATION
(2) Two members of the commission shall be
members of the governing body of the city
and selected by the governing body and
shall serve at the will of the governing body.
(3) One member shall be from the public at
large and shall serve for a term of four years.
(B) The hotel and restaurant members (except those
appointed to complete an unexpired term) shall
serve a term of four years.
(Code 1965, §78A-1 (f), (9); Ord. No. 2310, 3-1-77; Ord, No.
2648, 7-15-80: Ord. No- 2711, 3-24-81; Ord. No. 2869, 10-
19-82; Code 1991, §35.23)
State law reference(s)-Advertising and Promotion
Commission Act. A.C.A. §26-75-601 et seq.
Cross reference(s)-Advertising and Promotion Fund,
§35.23.
Note -This section has been included herein and
designated as §33.311 to be consistent with the placement
of boards, commissions and authorities in Chapter 33 by this
codifier.
33.312-33.314 Reserved
CD33:21
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TITLE III ADMINISTRATION
ARTICLE XIX
PUBLIC TRANSIT BOARD
33.320 Establishment
The Fayetteville Public Transit Board is hereby
established. Said board shall consist of the City
Council for the purpose of administering the
provisions of Chapter 117.
(Code 1965, §20-17(b); Ord. No. 1910, 4-3-73; Ord. No.
2716, 4-21-81; Code 1991, §117.31)
Cross reference(sy-Vehicle Related Business, Ch.
117.
Note —This section has been included herein and
designated as §33.320 to be consistent with the placement
of boards, commissions and authorities in Chapter 33 by this
codifier.
33.321-33.999 Reserved
CD33:22
11
DRAFT �
ARTICLE I GENERAL FISCAL POLICIES
34.01 PURPOSE........................................................................................................................................3
34.02 COLLECTION OF FUNDS...............................................................................................................3
34.03 DISBURSEMENTS........................................................................................................................3
34.04 ESTABLISHMENT AND ACTIVATION OF FUNDS........................................................................3
34.05 BUDGETS........................................................................................................................................3
34.06 AUDITING........................................................................................................................................3
34.07 ADOPTION OF RULES AND REGULATIONS...............................................................................3
34.08-34.19 RESERVED...............................................................................................................................4
ARTICLE 11 PURCHASE AND SALE OF CITY PROPERTY; CONTRACTS
34.20 DEFINITIONS........................................................... 4
• 34.21 COMPLIANCE..................................................................................................................................4
34.22 PURCHASING AND CONTRACTING AGENT...............................................................................4
34.23 PURCHASES AND CONTRACTS NOT IN EXCESS OF$10,000.00............................................4
34.24 REPEALED......................................................................................................................................4
34.25 SALES..............................................................................................................................................4
34.26 AUTHORITY OF CITY EMPLOYEE TO CONTRACT WITH THE CITY.........................................5
34.27 SALE OF MUNICIPALLY OWNED REAL PROPERTY ................. ............ -................................... 5
34.28-34.99 RESERVED...............................................................................................................................6
• CD34:1
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TITLE III ADMINISTRATION
CD34:2
•
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IDRAFT
,l TITLE III ADMINISTRATION
CHAPTER 34: FINANCE AND REVENUE
ARTICLE I Council governing collections for the city.
GENERAL FISCAL POLICIES (Code 1965. §2-50; Ord. No. 1382, 1-13-64; Code 1991,
§34.04)
34.01 Purpose 34.05 Budgets
It is the will and purpose of the City Council that all
funds collected by the city shall be duly levied and (A) The mayor shall prepare the municipal budget
deposited in the Department of Finance, that all annually and submit it to the City Council for its
disbursements by the city shall be in accordance with approval or disapproval and be responsible for its
the rules and regulations adopted by the City Council, administration after adoption.
and that proper plans for the development of
municipal services by all departments of municipal (B) The approval by the City Council of the budget
government shall be formulated and articulated in the shall amount to an appropriation for the purpose.
adoption of an annual report. of the budget of funds which are lawfully
.(Code 1965, §2-47; Ord. No. 1382, 1-13-64; Code 1991, applicable to the items therein contained. The
§34.01) City Council may alter or revise the budget from
time to time and unpledged funds appropriated
State law reterence(s)--Fiscal year provided, A.C.A. by the City. Council for any purposes may, be
§.14-71-102. subsequently, by action of the City Council,
appropriated to another purpose, subject to the
34.02 Collection Of Funds following exceptions:
All funds accruing to the city from any and all sources
shall be paid into the Department of Finance. It shall (1) Funds resulting from taxes levied under
be the responsibility of the Department of Finance, to statutes or ordinances for specific purposes
• perform such collections in a manner consistent with may not be diverted to another purpose.
good accounting practices and in accordance with the
rules and regulations governing the collection of funds (2) Appropriated funds may not be diverted to
that are developed by the department of finance and . another purpose where any creditor of the
approved by the City Council. city would be prejudiced thereby.
(Code 1965. §2-48; Ord. No. 1382, 1-13-64; Code 1991, (Code 1965, §2-51; Ord. No. 1215, 9-14-59; Ord. No. 1382.
§34.02) 1-13-64; Code 1991,§34.05)
34.03 Disbursements state law refemnce(s)—Budgets in Mayor -Council
All funds disbursed by the city shall be made by municipalities, A.C.A. §14-58-201 et seq.
check, signed by the mayor, indicating his approval of 34.06 Auditing
the expenditures, and countersigned by the The City Council shall have the financial affairs of the
accounting supervisor or other appropriate city official,
indicating that the amount expended is in complete city audited annually by-ah independent certified
compliance with all rules and regulations governing public accountant who is not otherwise in the service
the purchase of materials and/or services as adopted of the city, or by the municipal audit division of the
by the City Council. state. '
(Code 1965. §2-49; Ord. No. 1382. 1-13-64; Code 1991, (Code 1965. §2-52; Ord. No. 1215, 9-14-59; Ord. No. 1382,
§34.03) 1-13-64; Code 1991, §34.06)
State law 34.04 Establishment And Activation Of independent aontanL �s} ACA. §14-58 111, Audit by
cou
Funds
The City Council, upon recommendation of the mayor 34.07 Adoption Of Rules And
and the department of finance and in accordance with Regulations
good municipal accounting practices, shall establish
specific funds into which all receipts shall be (A) The City Council shall adopt from time to time, by
deposited. All funds shall be established and resolution, rules and regulations submitted by the
activated by rules and regulations adopted by the City Department of Finance covering the collection,
• � GD34:3
DRAFT
TITLE III ADMINISTRATION
expending, and auditing of all funds of the city. public purposes in and for the city and may execute
contracts to effect such purchases. The mayor shall
(B) The City Council shall also enact, by resolution, also be the contracting agent for the city and shall
rules and regulations submitted by the mayor and enter into and execute all contracts for services, for
the finance committee concerning budgeting, the lease of land, the sale or exchange of personal
investment of funds, supplemental appropriation property owned by the city, and for the construction of
of unallocated funds and any other areas of fiscal municipal improvements. All such purchases and
control not specifically assigned to the contracts shall be subject to prior appropriations, in
Department of Finance. the budget approved by the City Council, or to other
authorization of expenditures therefor, approved by
(Code 1965. §2-53; Ord. No. 1382. 1-13-64; Code 1991, the Council.
§34.07)
34.08-34.19 Reserved
ARTICLE II
PURCHASE AND SALE OF
CITY PROPERTY; CONTRACT
34.20 Definitions
For the purpose of this article the following definitions
shall apply unless the context clearly indicates or
requires a different meaning.
Duly authorized representative: Any city
employee so designated by the mayor.
Lowest responsible bidder. The bidder, as
determined by the mayor, or his duly authorized
representative, after considering all the facts and
circumstances in the best interests of the city.
(Code 1965, §2-64; Ord. No. 1215, 9-14-59; Ord. No. 1687,
7-21-69; Code 1991, §34.20)
34.21 Compliance
In order to purchase supplies, apparatus, equipment,
materials, and other things requisite for public
purposes in and for the city, and to make all
necessary contracts for work or labor to be done, or
materials or other necessary things to be furnished for
the benefit of the city, or in carrying out any work or
undertaking of a public nature therein, the procedure
to be followed shall be as set forth in this article;
provided, however, that the City Council may waive
the requirements of competitive bidding in exceptional
situations where such procedures are deemed not
feasible nor practical.
(Code 1965, §2-65; Ord. No. 1215, 9-14-59; Ord. No. 1687
7-21-69; Code 1991, §34.21)
34.22 Purchasing And Contracting Agent
The mayor, or, his duly authorized representative,
shall be the purchasing and contracting agent for the
city. He/She shall purchase all supplies, apparatus,
equipment, materials, and other things requisite for
CD34:4
(Code 1965, §2-66; Ord. No. 1215,9-14-59; Ord. No. 1687,
7-21-69; Ord. No. 3453, 9-5-89; Code 1991, §34.22)
34.23 Purchases And Contracts Not In
Excess Of $10,000.00
All such purchases not in excess of $10,000.00 shall
be made by the mayor, or his duly authorized
representative, after the securing and recording of
quotation bids therefor; provided, quotation bids need
not be secured for purchases under $500.00.
Contracts not in excess of $10,000.00 shall be made
and entered into by the mayor, provided the hiring or
engagement of professional services shall be
conducted according to a professional hiring policy
approved by the City Council. The mayor shall have
the authority to approve contract change orders up to
the contingency amount, if any, as set forth in any
approved contract even though such contingency
amount may exceed $10,000.00.
(Code 1965, §2-67; Ord. No. 1215, 9-14-59; Ord. No. 1687,
7-21-69; Ord. No. 2259, 8-3-76; Ord. No. 3400, 1-3-89; Ord.
No. 3453, 9-5-89; Ord. No. 3676, 2-17-93; Ord. No. 3719, 7-
6-93; Code1991, §34.23)
34.24 Repealed
34.25 Sales
(A) The purchasing agentmay sell or exchange any
city -owned supplies, equipment, or materials if
such have a fair market value of less than
$600.00.
(B) Such supplies, equipment, or materials which
have a fair market value of $600.00 or more may
be sold by the purchasing agent by public auction
or by contract sale after formal competitive bids
for the purchase therefore have been solicited by
advertisement and by other means and such bids
have been received and opened.
The City Council may waive the requirements for
public auction or formal competitive bids for sales
of personal property below-$10,000.00 in fair
market value in exceptional situations- where
•
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DRAFT
TITLE III ADMINISTRATION
such procedures are deemed not feasible nor (A) Municipally owned real property shall not be
practical. offered for sale without the express authorization,
by resolution, of the City Council. The City
(C) In regard to the marketing and sale of hay Council shall determine whether the property
produced at the sludge management site at the should be rezoned prior to offering it for sale.
pollution control plant:
(B) Such resolutions shall contain a specific finding
(1) The current year's sludge management site by the City Council that the subject real property
hay crop shall be advertised for sale, at a no longer serves a municipal purpose.
pre -established base price on or about April
1st of a given year. The hay shall be pre- (C) Two simultaneous and independent appraisals of
committed, on a first -call, first -commit basis, the real property shall be obtained by the city for
up to 60% of the projected crop. Any the City Council's consideration, dated within six
remaining hay shall be marketed during the months of the proposed sale.
harvest season, at the same base price on a
first come, first served basis. (D) Public notice shall be given not less than thirty
calendar days before the first City Council
(2) A base or standard price shall be established meeting at which such a resolution is introduced,
based on average fair market value for by all of the following means:
square baled bermuda grass hay, behind the
baler, in Northwest Arkansas, as established (1) A conspicuous display advertisement placed
by cooperative extension service in a newspaper of general circulation in the
recommendations. city, on at least four separate occasions;
(3) Prior to buyer's removal of the hay from the (2) Certified mail, return receipt requested, to all
sludge management site, adjustments, as adjacent property owners; and
• determined by Operations Management
International, Inc. (OMI) personnel, will be (3) Signs, prominently displayed, and at all
made to the base price for quantity approaches to the subject real property,
purchases; according to the type of bale announcing that the City Council will be
Purchased; and the relative quality of the considering the sale of the real property, the
harvested hay; and for damage the hay may date on which the sale is to be debated, as
have received during the harvest. well as the telephone number of the mayor's
(Code 1965, §2-69; Ord. No. 1215, 9-14-59; Ord. No. 1827, office.
10A-71; Ord. No. 2006, 5.7-74; Ord. No. 3545, 4-16-91: (E) Upon an affirmative vote of the City Council, the
Code 1991, §34.25; Ord. 4553, 04-06-04) city shall solicit sealed bids, at a minimum price
set by the City Council, from all interested
34.26 Authority Of City Employee To parties. Bids must equal or exceed the minimum
Contract With The City price set by the City Council and the appraised
An employee of the city shall be permitted to conduct value of the property. _
business with the city, provided the contract or job is
for services, is submitted as a competitive bid, is (F) The city shall sell the subject real property to the
approved by the City Council following disclosure of highest qualified bidder. In the event none of the
the direct or indirect financial interest of the individual bids from a qualified bidder equals the minimum
employee, and the total sum payable under the price set by the City Council, the city shall reject
contract does not exceed $500.00. all bids, and may reopen the bidding, upon City
(Code 1965, §2-70; Ord. No. 3013, 6-5-84; Code 1991,Council approval.
�
§34.26) (G) Upon receipt of an acceptable bid, and
State law reference($) -Purchase, lease and sale authorization by a separate resolution of the City
authorized, A.C.A. §14-54-302. Council, the conveyance of the real property shall
be performed by the mayor and city clerk.
34.27 Sale Of Municipally Owned Real (H) Exemptions from the requirements of this
Property ordinance:
• � CD34:5
DRAFT
TITLE III ADMINISTRATION
(1) The sale of the industrial park, business
park, and technology park lands are
expressly exempt from the provisions of this
ordinance. Industrial park land includes all
of the land in and around the South Industrial
park as specifically identified within the black
bold line on the map attached as Exhibit A.
(2) The sale of real property to other public
entities or to a non-profit corporation for
charitable purposes shall only require a
single appraisal, a single display
advertisement placed in a newspaper of
general circulation in the city, the certified
mail, and sign requirements set forth in
subsections (D)(2) & (3). Following the
setting of a minimum price by the City
Council no lower than the appraised value,
the public entity or non-profit corporation
may purchase the property at that price, and
the sale shall be exempt from the provisions
of subsections (E), (F) & (G) of this
ordinance.
Note -Ord. 4380, adopted March 19, 2002, enacts
provisions for exemptions from the requirements of
ordinance; such provisions have been set forth above. This
ordinance was enacted with an Exhibit A attached thereto
and may be viewed in the office of the city clerk anytime
during regular business hours.
(Ord. No. 4358, 1-2-02; Ord. No. 4380, §1, (Ex. A), 3-19-02)
State law reference(s)-Purchase, lease and sale
authorized, A.C.A. §14-54-302; Bidding process, A.C.A. §14-
54-402.
34.28-34.99 Reserved
CD34:6
1
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ARTICLE 1 TAX ON REAL AND PERSONAL PROPERTY
35.01 LEVYING OF TAX............................................................................................................................3
35.02-35.18 RESERVED.................................................................................:.............................................3
ARTICLE 11 TRANSIENT OCCUPANCY TAX
35.19 DEFINITIONS...................................................................................................................................3
35.20 LEVY OF TAX..........
35.21 COLLECTION; WHEN PAYMENT DUE ..........................................................
35.22 APPLICATION OF RULES AND REGULATIONS ..........................................
35.23 REPEALED ......................
35.24 ADVERTISING AND PROMOTION FUND ..................................:....
35.25 PENALTIES AND ENFORCEMENT .................................................
35.26 EXAMINATIONS AND INVESTIGATIONS .......................................,
35.27 RULES AND REGULATIONS...........................................................
35.28-35.29 RESERVED.................................................................................
ARTICLE III ADDITIONAL OCCUPANCY TAX
35.30 DEFINITIONS.....................................................................................
35.31 LEVY OF PARKS HMR TAX.............................................................
35.32 DISPOSITION OF REVENUES..........................................................
35.33 PENALTIES AND ENFORCEMENT ..............................
......4
...................4
35.34 EXAMINATIONS AND INVESTIGATIONS......................................................................................5
35.35 RULES AND REGULATIONS
35.36-35.98 RESERVED....................................................................................................... .....................5
35.99 PENALTY................................................................................................................. 5
................
CD35:1
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CHAPTER 35: TAXATION
ARTICLE 1
TAX ON REAL AND
PERSONAL PROPERTY
35.01 Levying Of Tax
(A) A tax is hereby levied on the real and personal
property within the city.
(B) The tax so levied and the rate provided therefor
are hereby certified to the County Clerk, to be
placed in the tax book by the County Clerk and
collected in the same manner that the county and
school district taxes are collected.
(C) The City Clerk is hereby authorized and directed
to file certified copies of this section in the office
of the County Recorder, County Clerk, County
Assessor, and the County Tax Collector.
(Ord. No. 3384, 10-18-88; Code 1991, §35.01)
State law reference(s)-Taxation generally, A.C.A.
§26-73-101 at seq.; Levying of tax, A.C.A. §26-75-207.
35.02-35.18 Reserved
ARTICLE 11
TRANSIENT OCCUPANCY TAX*
35.19 Definitions
Bakeries, donut shops and ice cream shop.
These are included within the definitions of "similar
businesses" of this ordinance and are therefore
subject of this tax.
Beverage shops. Businesses that sell beverages
Prepared or dispensed at their business are included
within the definition of "similar businesses' of this
ordinance and are therefore subject to this tax.
Caterers. Caterers are for profit businesses or
persons who deliver or serve catered food or
beverages at a location within the city limits of
Fayetteville.
Concession stands. Stands run by non-profit
groups are excluded from this taxation, as well as
stands operated on a short term basis, such as First
Night, Springfest, Autumnfest and county fairs. Other
stands operated on a recurring basis, such as for
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athlefic events, barbecue stands and other on -going
stands, whether mobile or stationary, will collect the
Parks HMR tax.
Convenience stores. All food and beverages
prepared on site are taxable.
Defis. Delis shall include establishments selling
prepared food or beverage as defined, however this
tax shall not apply to sliced meat and/or cheese sold
by the pound.
Prepared food or beverage. Any food or
beverage product prepared or altered in a
food/beverage establishment for sale.
(Ord. No. 4317. 6-5-01)
'Note -The definitions section of this ordinance was
assigned a new number to make it consistent with other
definition sections throughout this code and arranged In
alphabetical order by this codifier.
35.20 Levy Of Tax
There is hereby levied, effective, a tax of 1% (the tax)
upon the gross receipts from the renting, leasing or
otherwise furnishing of hotel or motel
accommodations for profit in the city and upon the
portion of gross receipts or gross proceeds received
by restaurants, cafes, cafeterias, delis, drive-in
restaurants, carry -out restaurants, concession stands,
convenience stores, grocery store -restaurants,
caterers and similar businesses as may be defined
from time to time by ordinance from the sale of
prepared food and beverages for on or off -premises
consumption, but such tax shall not apply to such
gross receipts or gross proceeds of organizations
qualified under §501(c)(3) of the Federal Internal
Revenue Code. _
(Code 1965, §18A-1(a); Ord. No. 2310, 3-1-77; Ord. No.
2648, 7-15-80; Ord. No. 2711, 3-24-81: Ord. No. 2869, 10-
19-82, Ord. No. 4317, 6-5-01; Code 1991, §35.20)
Cross reference(s)-Penalty, §35.99,
State law reference(s)-Authority generally, A.C.A.
§26-75-602.
35.21 Collection; When Payment Due
The tax shall be collected from the purchaser or user
of the food or accommodations by the person, fine,
corporation, association, trust, or estate (or other
entity of whatever nature) selling such food or
furnishing such accommodations (the taxpayer), and
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the taxpayer shall remit to the city by the 20th day of
each month all collections of the tax for the preceding
month, accompanied by reports on forms to be
prescribed by the mayor,
(Code 1965, §18A-1(b); Ord. No. 2310, 3-1-77; Ord. No.
2648, 7-15-80; Ord. No. 2711, 3-24-81; Ord. No. 2869, 10-
19-82; Code 1991, §35.21)
State law reference(s)--Gross receipts taxes
authorized, A.C.A. §26-75-602.
35.22 Application Of Rules And
Regulations
As provided in A.C.A. §26-52-301 et seq., as
amended, together with the rules and regulations
thereunder, shall, so far as practicable, apply to the
administration, collection, assessment, and
enforcement of the tax.
(Code 1965, §18A-l(c); Ord. No. 2310, 3-1-77; Ord. No.
2648, 7-15-98; Ord. No. 2711, 3-24-81; Ord. No. 2869, 10-
19-82; Code 1991, §35.22)
State law reference(s)-Tax levied. §26-52-301 at seq 1.
35.23 Repealed
See 33.311
35.24 Advertising And Promotion Fund
(A) There is hereby created the city Advertising and
Promotion Fund, to which fund there shall be
credited all collections of the tax.
(B) The city Advertising and Promotion Fund shall be
used, in the manner determined by the city
Advertising and Promotion Commission,
exclusively for the advertisement and promotion
of the city and its environs and/or for the
construction, maintenance, repair, and operation
of a convention center, including the pledge of
revenuestherein to the payment of bonds issued
under A.C.A. §26-75-607.
(Code 1965, §18A-l(d), (e); Ord. No. 2310, 3-1-77; Ord. No.
2648, 7-15-80; Ord. No. 2711. 3-24-81; Ord. No. 2869, 10-
19-82; Code 1991, §35.24)
Slate law reference(s)-A.C.A. §26-75-607, Authority
to issue bonds.
35.25 Penalties And Enforcement
The city may assess penalties and interest against
taxpayers who fail to timely report or pay the tax. The
penalty shall be equal to five percent of the unpaid tax
amount per month not to exceed a total assessment
of 35% of the unpaid tax. Simple interest on unpaid
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taxes shall be assessed at the rate of 10% per
annum. In addition, the city may exercise all powers
listed under A.C.A. §26-75-603 (c) as may be
amended from time to time and may utilize the
provisions of A.C.A. §26-75-603 (d) and (e) amended
from time to time in enforcing the tax.
(Ord. No. 4303, 3-20-01)
State law reference(s)-A.C.A §26-75-603, collection
of tax.
35.26 Examinations And Investigations
The collector of the tax in order to enforce the tax, by
determining the accuracy of taxpayer reports and
remittances, or fixing any liability under the ordinance,
may make an examination or investigation of the
place of business, the tangible personal property,
equipment, and facilities, and the books, records,
papers, vouchers, accounts, and documents of any
taxpayer or other person. Every taxpayer or other
person and his agents and employees shall exhibit to
the collector these places and items and facilitate any
examination or investigation.
(Ord. No. 4303, 3-20-01)
35.27 Rules And Regulations
The city after notice and public hearing may pass any
rules and regulations necessary for carrying into
effect the provisions for the enforcement of I this
ordinance.
(Ord. No. 4303.3-20-01)
35.28-35.29 Reserved
ARTICLE III
ADDITIONAL OCCUPANCY TAX'
35.30 Definitions
Bakeries, donut shops and ice cream shop.
These are included within the definitions of "similar
businesses" of this ordinance and are therefore
subject of this tax.
Beverage shops. Businesses that sell beverages
prepared or dispensed at their business are included
within the definition of "similar businesses" of this
ordinance and are therefore subject to this tax.
Caterers. Caterers are for profit businesses or
persons who deliver or serve catered food or
beverages of a location within the city limits of
Fayetteville.
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Concession stands. Stands run by non-profit
groups are excluded from this taxation, as well as
stands operated on a short term basis, such as First
Night, Springiest, Autumnfest and county fairs. Other
stands operated on a recurring basis, such as for
athletic events, barbecue stands and other on -going
stands, whether mobile or stationary, will collect the
Parks HMR lax.
Convenience stores.
prepared on site are taxable.
Delis. Delis shall include establishments selling
prepared food or beverage as defined, however this
tax shall not apply to sliced meat and/or cheese sold
by the pound.
Prepared food or beverage. Any food
beverage product prepared or altered in
food/beverage establishment for sale.
State law references) -Gross receipts tax authorized,
A.C.A. §26-75-602(c)(2).
35.31 Levy Of Parks HMR Tax
There is hereby levied, a tax of 1 % (the tax) upon the
gross receipts or gross proceeds from the renting,
leasing, or otherwise furnishing of hotel or motel
accommodations for profit in the city and upon the
portion of the gross receipts or gross proceeds
received by restaurants, cafes, cafeterias, delis, drive-
in restaurants, carry -out restaurants, caterers and
similar businesses as may be defined from time to
time by ordinance from the sale of prepared food and
beverages for on or off -premises consumption, but
such tax shall not apply to such gross receipts or
grossproceeds of organizations qualified under
§501(c)(3) of the Federal Internal Revenue Code.
35.32 Disposition Of Revenues
The revenues collected from the additional tax of
1% shall be used by the city parks and recreation
department for the promotion and development of
city parks and recreation areas.
deposited into a special fund established by the
city to be used for the development, construction,
and maintenance of city parks. The funds shall
be disbursed by the mayor upon approval of the
City Council.
35.33 Penalties And Enforcement
The city may assess penalties and interest against
taxpayers who fail to timety report or pay the tax. The
penalty shall be equal to five percent of the unpaid tax
amount per month not to exceed a total assessment
of 35% of the unpaid tax. Simple interest on unpaid
taxes shall be assessed at the rate of 10% per
annum. In addition, the city may exercise all powers
listed under A.C.A. §26-75-603 (c) as may be
amended from time to time and may utilize the
provisions of A.C.A. §26-75-603 (d) and (e) as may
be amended from time to time in enforcing the tax.
35.34 Examinations And Investigations
The collector of the tax in order to enforce the tax, by
determining the accuracy of taxpayer reports and
remittances, or fixing any liability under the ordinance,
may make an examination or investigation of the
place of business, the tangible personal property,
equipment, and facilities, and the books, records,
papers, vouchers, accounts, and documents of any
taxpayer or other person. Every taxpayer or other
person and his agents and employees shall exhibit to
the collector these places and items and facilitate any
examination or investigation.
35.35 Rules And Regulations
The city after notice and public hearing may pass any
rules and regulations necessary for carrying into
effect the provisions for the enforcement of this
ordinance.
35.99 Penalty
It shall be unlawful for any taxpayer, as defined in
§35.21, to fail to remit to the city by the twentieth day
of each month all collections of the tax for the
preceding month as levied by §35.20, and, upon
conviction thereof, the taxpayer shall be punished by
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a fine of not more than $500.00, or double that sum
for each repetition of such offense.
(Code 1965, §18A-(b); Ord. No. 2310, 3-1-77; Ord. No.
2648, 7-15-80; Ord. No. 2711, 3-24-81; Ord. No. 2869, 10-
19-82)
Note —Ordinance No. 4318, adopted June 2001, enacts
provisions to add a new section which is now included
§35.30 definitions, to be consistent with this Code.
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ARTICLE I GENERAL PROVISIONS
36.01 INITIATIVE PETITIONS; WHEN TO BE FILED ....................................................
36.02-36.14 RESERVED.................................................................................................
ARTICLE II REFERENDUMS
36.15 WHEN PETITION TO BE FILED...........................................................................
36.16 - 36.99 RESERVED
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CHAPTER 36: ELECTIONS
ARTICLE I
GENERAL PROVISIONS
36.01 Initiative Petitions; When To Be
Filed
All initiative petitions under Amendment 7 to the
Constitution of the State of Arkansas must be filed with
the City Clerk at least 60 days before the regular
municipal election at which the proposed measure is to
be voted upon.
(Code 1965, §2-22.1; Ord. No. 2472. 10-3-78; Code 1991,
§36.01)
State law references) -Form of initiative petifion-
sufficiency of signatures, A.C.A. §7-9-104.
36.02-36.14 Reserved
ARTICLE II
REFERENDUMS
36.15 When Petition To Be Filed
• All referendum petitions under Amendment 7 to the
Constitution of the Slate of Arkansas must be filed with
the City Clerk within 31 days after the passage of the
ordinance to which it relates.
(Code 1965. §2-19; Ord. No. 588, 12-21-25: Code 1991,
§36.15)
State law reference(s) -Form of referendum petition -
sufficiency of signatures, A.CA §7-9-105(a).
36.16 — 36.99 Reserved
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37.01
ADMINISTRATION OF
RULES AND REGULATIONS....................................................................3
37.02
COMPENSATION FOR
EMPLOYEES CALLED TO ACTIVE MILITARY DUTY ............................3
37.03 INCREASE OF PAYMENT FOR UNUSED SICK LEAVE TO POLICE OFFICERS AND
FIREFIGHTERS UPON TERMINATION, RETIREMENT OR DEATH .............................
37.04-37.99 RESERVED
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CHAPTER 37: PERSONNEL POLICIES AND PROCEDURES
37.01 Administration Of Rules And
Regulations
(A) The City Council shall have authorityto promulgate
rules and regulations prescribing administrative
policies and procedures for the various
departments of the government of the city.
(B) Such rules and regulations as may be adopted
shall pertain to, but shall not be limited to, the
following subject matters: compensation of
administrative employees; appointments,
promotions, and veterans preferences; eligible
lists, probation, absences, hours of work; training;
separations; tenure; and such other policies as
may be established and maintained to promote
high morale, efficiency and economy in the
operation of the city government.
(Code 1965, §2-1; Ord. No. 1098,11-7-55; Code 1991, §37.01)
Cross reference(s)-Personnel Handbook and City of
Fayetteville Policies and Procedures.
37.02 Compensation For Employees
• Called To Active Military Duty
Any full-time employee entering the military service
during a national emergency or recalled to active duty
shall, upon termination of the required period of active
duty, be entitled to reinstatement to his former position.
or an equivalent thereof. For a period of up to one year
following the entry or recall, the employee shall be
compensated by the city for the difference between
military pay received and normal city pay, if such
military pay is a lesser amount. Time in service shall
continue to accrue during such period of military
service. The employee must request reinstatement
within 90 days after the date of official discharge.
(Ord. No. 3530, t-15-91; Code 1991, §37.02)
Cross reference(s)--Personnel Handbook and City of
Fayetteville Policies and Procedures.
37.03 Increase Of Payment For Unused
Sick Leave To Police Officers And
Firefighters Upon Termination,
Retirement Or Death
(A) The city authorizes a maximum accrual of 90 days
(shifts) of unused sick leave for police officers and
firefighters.
(B) The city authorizes the payment of unused sick
leave upon retirement or death of up to maximum
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amount of 90 days'salary for police officers: and to
41/2months' salary for firefighters.
(C) The city authorizes the payment for unused sick
leave upon other termination up to a maximum
amount of 60 days'salary for police officers and 12
weeks' salary for firefighters.
(Ord. No. 3528, 1-2-91; Code 1991. §37,03)
State law reference(s)-Uniform sick leave, A.C.A. §14-
52-107; Sick leave - When granted, A.C.A. §21-4-206; Sick
leave -Accrual and use, A.C.A. §21-4-207; Additional benefits
for certain officers hired prior to January 1, 1983, A.CA §24-
11-432.
37.04-37.99 Reserved
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38.01 ESTABLISHMENT ..............
38.02 DISTRICT JUDGE ...............
38.03 CLERK OF COURT .............
38.04 COURT COSTS ...................
38.05-38.99 RESERVED .................
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CHAPTER 38: DISTRICT COURT
38.01 Establishment 38.05-38.99 Reserved
In accordance with A.C.A. §16-17-919 (a)(2), there is
hereby created and established in the city a district
court to be styled the Fayetteville District Court, which
court shall be conducted in all respects in compliance
with all of the provisions of applicable state law.
(Code 1965, §14-1; Ord. No. 842, 1-22AO: Code 1991,
§38.01)
38.02 District Judge
(A) The Fayetteville District Judge shall be elected at
the 2004 Nonpartisan judicial general election
and every four years thereafter pursuant to Title
16. Chapter 17 of the Arkansas Code.
(B) The annual salary of the district judge shall be
payable in bi-weekly installments as set forth in
A.C.A., §16-17-108(KK) and Fayetteville Code
§31.18.
(C) The district judge shall perform such duties as
• are prescribed by law for district judges.
(Code 1965, §§14-2.-14-4; Ord. No. 842. 1-22-40; Ord. No.
1329, 12-17-62; Ord. No. 1551, 6.19-67; Ord. No. 1591, 3-
18-68; Code 1991, §38.02)
State law reference(s)--Salaries of personnel and
other requirements of various municipal courts, A.CA. §16-
17-108.
38.03 Clerk Of Court
The dark of court shot] perform the duties of clerk of
the district court as the same are prescribed by A.C.A.
§16-17-211 or as hereafter prescribed by law.
(Code 1965, §14-5; Ord. No. 1207, 6-23-59; Code 1991, _
§38.03)
Cross reference(s)—Duties of the City Prosecutor,
§31.45.
State law references} -Court Clerks generally, A.C.A.
§16-17-211.
38.04 Court Costs
Any person, upon conviction in the district court of
violation of a City ordinance shall pay court costs
pursuant to state law as may be amended from time
to time.
(Ord. No. 3582, 2-5-91; Code 1991, A.C.A. 113-17-212 ,
16-10-305 prohibits addi8onal fees §38.04)
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ARTICLE I MUNICIPAL IMPROVEMENT DISTRICTS
39.01 FILING PETITION; ORGANIZATION REQUIREMENTS.....................................................3
39.02-39.99 RESERVED.................................................................................................................3
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CHAPTER 39: CITY POLICIES
ARTICLE I
MUNICIPAL IMPROVEMENT
DISTRICTS
39.01 Filing Petition; Organization
Requirements
(A) Any person who files a petition with the city
clerk requesting the organization of a
municipal improvement district shall be
required to file along with said petition an
abstracters certificate of property owners in
substantially the following form:
1, , abstracter of fitles of
Washington County, Arkansas do certify that
I have carefully examined the record of
deeds in the Office of the Recorder of
Washington County, Arkansas, and the last
county assessment on file in the Office of the
Assessor of Washington County, Arkansas,
and that according to said records and
assessments as of the day
• '; of , 20_, the following
constitutes a true list of the names of all
owners of real property In
Improvement District Number of
Fayetteville, Arkansas, whose deeds are of
record, and that opposite the name of each
owner is placed in separate columns
provided for that purpose the description of
his real estate and the assessed valuation
thereof according to the last county
assessment aforesaid, to wit:
Name of Description Assessed
Owner of Property Value
Total assessed valuation:
Witness my hand, this _ day of
20
Abstracter
(B) The city clerk shall not accept for filing any
petition requesting the formation of a
municipal improvement district which is not
accompanied by the abstracters certificate
of property owners required by subsection
(A) hereof.
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(Code 1965. §2-23; Ord. No. 2168, 11-18-75)
State law reference(s) -Municipal Improvement
districts, A.C.A. §14-88-201 et seq.
39.02-39.99 Reserved
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��° " ,TITLE VcPUBLICWORKS.
ARTICLE I GENERAL PROVISIONS
50.01 DEFINITIONS...................................................................................................................................3
50.02 SOLID WASTE AND RECYCLING DIVISION TO ADMINISTER COLLECTION
ANDREMOVAL...............................................................................................................................4
50.03 DUMPING PROHIBITED; GARBAGE DISPOSAL AREAS...........................................................4
50.04 DEPOSITING ON VACANT LOTS..................................................................................................4
50.05 DEPOSITING ON STREETS, ALLEYS, OR SIDEWALKS.............................................................4
50.06 BURNING OF GARBAGE AND TRASH.........................................................................................4
50.07-50.19 RESERVED ............................................ e
ARTICLE 11 COLLECTION PROCEDURE
50.20 SERVICE REQUIREMENTS............................................................................................................4
• 50.21 ACCESS TO GARBAGE AND TRASH CONTAINERS..................................................................5
50.22 PLACING GARBAGE AND TRASH IN SAME RECEPTACLE; WET GARBAGE ........................6
50.23 BULK BRUSH COLLECTION AND DISPOSAL SERVICE............................................................6
50.24 CITY NOT OBLIGATED TO COLLECT AND REMOVE CONSTRUCTION REFUSE
AND WOOD ................ a
50.25 COLLECTION AND REMOVAL OF MINERAL, MANUFACTURING AND PROCESSING
WASTES.............................................
50.26 BULK HAULING..............................................................................................................................6
50.27 SEPARATION, COLLECTION, OR REMOVAL OF MATERIALS AT DISPOSAL GROUNDS ..... 6
50.28 APPLICATION OF COLLECTION AND REMOVAL TO SERVICE OUTSIDE CITY LIMITS ......... 6
50.29 PRIVATE COLLECTORS; CONTRACT WITH CITY REQUIRED..................................................7
50.30 BULKY WASTEXOMMUNITY CLEANUPS...................................................................................7
50.31-50.39 RESERVED...............................................................................................................................7
ARTICLE III COLLECTION CHARGES; BILLING
50.40 RATES FOR SERVICES...............................................................................................................7
• 50.41 RATES FOR SERVICE OUTSIDE CITY LIMITS
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50.42 HIGHER RATE TO CONTROL IN CASE OF UNCERTAINTY, CONTRADICTION OR
DUPLICATION.................................................................................................................................8
50.43 ADJUSTMENT OF RATES; EXEMPTIONS....................................................................................9
50.44 BILLING; WHEN PAYMENT DUE...................................................................................................9
50.45 DELINQUENT ACCOUNTS.............................................................................................................9
50.46 SERVICE DEPOSITS......................................................................................................................9
50.47-50.99 RESERVED............................................................................................................................10
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TITLE V PUBLIC WORKS
CHAPTER 50: GARBAGE AND TRASH'
ARTICLE I
GENERAL PROVISIONS
50.01 Definitions
For the purpose of this chapter the following
definitions shall apply unless the context clearly
indicates or requires a different meaning:
Biodegradable bag. A bag capable of being
decomposed by natural micro -organic processes, to
be used for the disposal of yard waste; and having a
capacity of no more than thirty-five gallons.
Brush. Shrubbery, bush, and tree trimmings
under three inches in diameter.
Bulk brush. Brush, under three inches in
diameter, that is cut in lengths of four feet or less and
tied in bundles that one person can handle.
Bulky waste. Items too large for collection in city -
issued residential garbage carts, such as appliances,
furniture, large limbs, etc. Customers should contact
the Solid Waste and Recycling Division for specific
requirements.
Commercial service. The collection and removal
of garbage and trash from any establishment other
than single-family residences. Commercial service
shall include, but not be limited to; office buildings,
private institutions, professional buildings,
restaurants, apartments, duplexes and trailer parks.
Curbside. The edge of the public roadway
directly in front of a residence. On comer lots
curbside may be construed as the edge of the
roadway directly alongside of the residence. In areas
where garbage and trash collection is provided along
alleys, curbside shall refer to the edge of the.
pavement of said alley. In either case, placement
shall be no more than six feet from the public
roadway. Garbage and trash placed at curbside must
not impede the flow of traffic on the roadway or public
sidewalk in any way.
Exemption to curbside. Exemption to the
mandatory curbside placement of garbage and trash
will be granted to persons who are disabled to the
extent that they cannot reasonably meet the curbside
requirement, and that have no one residing on
premises greater than 12 years of age that can meet
the requirement for them.
Garbage. All waste accumulations of animal,
fruit, or vegetable matter that attend the preparation,
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use, cooking, dealing in, or storage of meat, fowl, fish,
fruits, or vegetables, tin cans, or other containers
originally used for food stuffs. The term "garbage'
shall not include mineral wastes or manufacturing or
processing wastes.
Garbage disposal area. A place or places
designated by the city for the purpose of disposing of
refuse, including incinerator and other dumping areas.
Limbs. Tree trimmings over three inches in
diameter.
Person. Any individual, firm, or corporation.
Premises. Any flat, dwelling, rooming house,
apartment house, hospital, school, hotel, club,
restaurant, boardinghouse, eating place, shop,
church, place of business, manufacturing
establishment, courthouse, jail, city hall, post office or
other building.
Operations Department Director. The Operations
Department Director of the city.
Residential service. The collection and removal
of garbage and trash from all single-family residences
located on public roadways within the City of
Fayetteville. Collection of garbage and trash from
residents on private roadways will be at the discretion
of the city. The city shall only collect garbage and
trash contained in city -issued carts and bags with the
appropriate citypermit sticker attached.
Sanitation service. The collection, removal, and
disposal of waste, refuse, garbage, trash, and
rubbish; the insecticidal fogging and/or spraying
performed by the city; animal control and such other
functions contained herein that are necessary for the
preservation of health, safety, and welfare of the
community.
Specialized customer. A customer that requires
specialized services for the collection of garbage and
trash and/or cardboard recycling that the city cannot
provide.
Trash. All nonputrescible solid wastes,
consisting of both combustible and noncombushble
wastes such as paper, cardboard, glass, crockery,
excelsior, cloth and similar materials. The term
"trash" shall not include mineral waste or
manufacturing or processing wastes.
(Code 1965'§10-1; Ord. No. 1194, 4-fr59; Ord. No. 1619, 8-
19-68; Ord. No. 3581, 12391; Ord. No. 3755, §1, 2, 12-21-
DRAFT
TITLE V PUBLIC WORKS
93; Ord. No. 3842, §1, 11-18-94; Ord. No. 4111, §§ 1-3, 8-4-
98; Ord. No. 4341, 10-2-01; Ord. No. 4415, § 1, 2, 9-17-02;
Code 1991, §50.01)
State law reference(sy-Solid Waste Management Act,
A.C.A. §8-6-201 at seq.
50.02 Solid Waste And Recycling
Division To Administer Collection And
Removal
(A) In order, among other functions, to satisfactorily
collect and remove garbage and trash and
accomplish the other purposes of this chapter,
there is hereby created a Solid Waste and
Recycling Division for the city.
(B) The Solid Waste and Recycling Division shall be
under the direction of the operations director who
in turn is subject to the general direction of the
mayor.
(Code 1965, §10-2; Ord. No. 1194, 4-6-59; Ord. No. 1619, 8-
19-68; Code 1991, §50.02) -
50.03 Dumping Prohibited; Garbage
Disposal Areas
Dumping within any area within the city, except
garbage disposal areas as defined by §50.011 is
prohibited.
(Code 1965, §10-6; Ord. No. 1194, 4-6-59; Ord. No.. 1619, 8-
19-68; Code 1991, 00.03)
Cross reference(s)—Penalty, §10.99.
50.04 Depositing On Vacant Lots
It shall be unlawful for any person to dump, throw or
otherwise deposit any garbage or trash or
accumulations of the same on any vacant lot in the
city.
(Code 1965. §10-12; Ord. No. 1194. 4-6-59; Code 1991,
§50.04)
Cross reference(s)—Penalty, §10.99.
50.05 Depositing On Streets, Alleys, Or
Sidewalks
It shall be unlawful for any person to throw, place,
dump, litter, or otherwise deposit any garbage, trash,
or refuse upon any public street, alley, or sidewalk of
this city, except in receptacles placed upon such
streets, alleys or sidewalks without approval of the
city Solid Waste and Recycling Division.
(Code 1965, §10-13: Ord. No. 1149, 10-14-57; Ord. No.
1194, 4-6-59; Code 1991, §50.05)
Cross reference(s) -Penalty, §10.99.
50.06 Burning Of Garbage And Trash
It shall be deemed a violation of this Code for any
person to bum trash or garbage except in incinerators
that have been approved by the County Health
Department, Solid Waste and Recycling Division, and
Fire Department of the city.
(Code 1965, §70-17; Ord. No. 1194, 4-6-59; Ord. No. 1619,
8-19-68; Code 1991, §50.06)
Cross reference(s) -Penalty, §10.99.
50.07-50.19 Reserved
ARTICLE II
COLLECTION PROCEDURE
50.20 Service Requirements
(A) Commercial service.
•
(1) Containers required. Each owner, occupant,
tenant, or lessee using or occupying any
house, building, structure or portion thereof
requiring commercial service shall provide
and maintain containers of sufficient number •
and size to contain the garbage and/or trash
that will accumulate on the premises. In the
case of multiple dwellings or multiple
occupancy, this duty shall be upon the owner
of the premises. Said containers shall be.
covered at all fines except when refuse is
being placed in or removed from them. The
city shall not be required to remove garbage
or other litter not placed in containers or that
is placed on top of or around the containers.
(2) Container specifications. Such containers
shall meet specifications set forth by the
operations director, and shall be compatible
for automated commercial collection by city
vehicles. Containers of volume less than
two cubic yards shall be issued through the
city for a purchase price of container cost
plus taxes and delivery charges.
(3) Maintenance of containers. It shall be the
duty of such person to replace unserviceable
containers and to keep them clean at all
times. Notice of unserviceable or unsanitary
condition of containers will be served upon
such person by the city,. at which time such
person shall take prompt action to correct
the existing conditions.
I.
(4) Location of containers. The placement and.
location of containers for commercial service
CD50:4
•
EDIRAFT
TITLE V PUBLIC WORKS
and for apartments and apartment buildings
shall be negotiated between the user and the
operations director. The city assumes no
liability for the loss of Hems placed on -or
near the containers; the owner and/or
occupant assumes the risk of loss of such
items. Further, the city assumes no
responsibility for lost or stolen containers.
wish to apply for an exemption of the
required location of residential garbage carts
may contact the Solid Waste and Recycling
Division for an application. Final
determination of exemption status shall be
made by the operations director, or his
designated representative.
(4) Rental property cart service. Rental property
(B) Residential service. owners listed on major owner list maintained
by the City of Fayetteville Business Office,
(1) Residential garbage carts required. shall be permitted 10 days of service
Customers receiving residential garbage and immediately following the vacation of the
trash service shall use only the residential rental property for the normal monthly rate
garbage carts provided by the city. The City for the cart at the residence. The landlord
shall only collect garbage and trash placed in shall be responsible to contact the Solid
residential garbage carts or bags with the Waste and Recycling Division if the cart is
appropriate city permit sticker attached. discovered missing during cleanup activities.
The landlord shall be responsible for the cart
(a) Additional garbage bag pickup. On the during these 10 days and shall be required
collection day, an additional garbage to contact he Solid Waste and Recycling
bag (not to exceed 35 gallons in Division to arrange for cart pickup.
capacity, or 50 pounds in weight), with
an attached city permit sticker may be (5) Storage/maintenance. Residential garbage
left beside the garbage cart, and shall carts shall be stored and maintained in a
be picked up without additional charge. manner not likely to create a fire hazard,
• Each residential garbage cart customer provide nesting space for rodents and other
shall receive four free city permit vermin, or breeding sites for insects.
stickers per year.
(C) Yard waste. Only biodegradable bags, as
(b) Additional collection. Residential defined herein, shall be acceptable for the
customers may request additional disposal of yard waste.
garbage cart collection by appointment.
Again, trash shall be placed in the (Code 1965, §19-3; Ord. No. 1194, 4-6-59; Ord. No. 1619, 8-
garbage cart, and an additional bag, not 19-68; Ord. No. 3581, 12-3-91; Ord. No. 3842, §2, 11-16.94;
to exceed 35 gallons in capacity, may Ord. No. 4111. §4, 84-98; Ord. No. 4270, 9-5-00; Ord. No.
be placed beside the garbage can. An 4341. 10-2-01; Ord. No. 4415, §3, 9-17-02; Code 1991,
additional collection fee of $6.00, plus §50.20)
the actual disposal cost based on carts s-Penal
size, shall be billed to the customer at Cross reference (y ty. §io.99.
the next billing cycle. Bags placed 50.21 Access To Garbage And Trash
outside of the garbage cart without city 9
permit stickers shall not be collected. Containers
(2) Location of residential garbage carts. (A) In the event that an exemption to curbside
Residential garbage carts shall be placed at placement of garbage and trash is granted, H
a single collection point within three feet of shall be incumbent upon the tenants, lessees,
the curb, street, or alley line, where occupants, or owners of the premises where
applicable, by 6:00 a.m. on mornings garbage or trash is generated to provide a safe
regularly scheduled for garbage and trash and convenient entrance to and through the
collection, provided however, that garbage premises for the purposes of collecting same.
carts shall not be placed at the curb, street,
or alley more than 12 hours before regular (1) All vicious animals shall either be confined,
Pickup, and shall be removed within 12 or garbage and trash containers placed at a
hours thereafter. Alternate collection points point where collectors may service same
may be specified at the discretion of the city. without attack from said animals.
(3) Exemptions. Residential customers who (2) Where commercial collections are made
• CD50:5
DRAFT
TITLE V PUBLIC WORKS
from alleys and access ways, said
approaches shall be maintained in such
manner as not to be a hazard to Solid Waste
and Recycling Division personnel or
equipment.
(B) Failure to comply with the provisions of this
section after notification by the Solid Waste and
Recycling Division will result in discontinuance of
service unfit such condition is corrected.
(Code 1965, §70-4; Ord. No. 1194, 4-6-59; Ord. No. 1619, 8-
19-68; Ord. No. 3581, 12391; Code 1991, §50.21)
Cross reference(s)—Penalty, §10.99.
50.22 Placing Garbage And Trash In
Same Receptacle; Wet Garbage
(A) Garbage and trash may be placed in the same
garbage receptacle, provided that all the
provisions contained in this chapter are complied
with.
(B) No liquid garbage shall be deposited with any
garbage or trash. Kitchen garbage and any or all
wet garbage shall be drained of all moisture and
wrapped in paper before being placed in the
garbage receptacle provided for in this chapter.
(Code 1965, §§10-7, 10-8; Ord. No. 1194, 4-6-59; Code
1991, §50.22)
Cross reference(s)—Penalty, §10.99.
50.23 Bulk Brush Collection And
Disposal Service
(A) Bulk brush collection service is provided on a call
basis to residential service customers, not to
commercial service customers, and is not to be
construed as a service to remove wood, building
debris, and the like, as defined in §50.24. The
removal of such items is the responsibility of the
owner, occupant, tenant, or lessee. Bulk brush
collection from residential service customers shall
be scheduled as other work permits.
(B) Bulk brush should be placed at curbside, as
defined in §50.01, clear of any power lines, gas
meters, or other hazards, no earlier than 24
hours before their scheduled pickup.
(C) Residents, businesses and nonresidents may
bring brush to the citVs composting facility for
disposal.
(Code 1965, §10-9; Ord. No. 1194, 4-6-59; Ord. No. 1619, 8-
19-68; Ord. No. 3755, §5, 12-21-93; Code 1991, §50.23)
50.24 City Not Obligated To Collect And
Remove Construction Refuse And Wood
This chapter shall not in any way require nor obligate
city employees or city trucks to collect and remove
refuse or debris resulting from construction on
property where buildings are being repaired,
remodeled, razed, or are under construction, nor to
collect and remove wood and limbs resulting from the
removal of trees on private property, nor to clean out
incinerators, nor to render any other service unless
specifically provided for in this chapter.
(Code 1965, §10-10; Ord. No. 1194, 4-6-59: Code 1991.
§50.24)
50.25 Collection And Removal Of
Mineral, Manufacturing And Processing
Wastes
Mineral, manufacturing or processing wastes to
include sawdust and like residue, shall not be
considered garbage or trash as defined or outlined in
this Code. The service of collecting, removing, and
disposing of mineral, manufacturing or processing
waste to include sawdust and like residue shall not be
rendered by the city Solid Waste and Recycling
Division, unless a written contract between the owner,
occupant, tenant, or lessee desiring the service and
the city has been negotiated.
CD50:6
(Code 1965, §10-11; Ord. No. 1194, 4-6-59; Ord. No. 1619,
8-19-68; Code 1991, §50.25)
50.26 Bulk Hauling
Failure to comply with the provisions of §50.20,
resulting in special or additional garbage or trash
service will result in additional charges to the user at
the rate specified in §§50.40 through 50.45.
(Code 1965, §10-14; Ord. No: 1619, 8-19-68; Code 1991,
§50.26)
50.27 Separation, Collection, Or Removal
Of Materials At Disposal Grounds
All junk and other materials placed on the city
disposal grounds shall be the property of the city, and
no person shall be allowed to separate, collect, carry
off or dispose of same, except under the written
direction of the mayor.
(Code 1965, §10-15; Ord. No. 1194, 4-6-59; Ord. No. 1619,
8-19-68; Code 1991, §50.27)
Cross reference(sy-Penalty, §10.99.
50.28 Application Of Collection And
Removal To Service Outside City Limits
•
E
1
•
EDRAF
T
j TITLE V PUBLIC WORKS
If garbage and trash collection and removal service by
the city is extended to include owners, occupants,
tenants, or lessees of residences, commercial, public,
or private institutions, business establishments, or any
other buildings or structures occupied or used for any
other purpose not herein stated, and located outside
the corporate limits of the city, such service shall be
subject to all the provisions of this chapter.
(Code 1965, §10-16; Ord. No. 1194, 4-&59; Code 1991,
§50.28)
50.29 Private Collectors; Contract With
City Required
No person, except a duly authorized agent or
employee of the city, shall empty garbage or trash
receptacles, or convey or transport garbage or trash
on the streets or public thoroughfares of the city,
wtthoul a written contract with the city.
(Code 1965, §10-46; Ord. No. 1194, 4-6-59; Code 1991,
§50.29)
Cross reference(s) -Penalty, §10.99.
50.30 Bulky Waste/Community Cleanups
• (A) Bulky waste pickup. Each customer shall be
entitled to one bulky waste pickup per year.
Customers shall arrange for bulky waste pickup
by contacting the Solid Waste and Recycling
Division to reserve a collection date. Mobile
home parks and apartrnent complexes consisting
of four or more units shall not be eligible.
(B) Community cleanups.
(1) City-wide Earth Week cleanup. During
Earth Week of each year, customers may
dispose of normal residential waste at the
Solid Waste and Recycling Facility free of
charge.
(2) Neighborhood association4mrd cleanups.
Each City Council ward shall be eligible for
up to four community cleanups per year,
provided however, that each cleanup shall
be coordinated by at least one neighborhood
association, under the sponsorship of both of
the ward's alderperson(s). The city shall
collect everything except normal residential
garbage and hazardous waste free of
charge.
(Ord. 4415. §4, 9.17-02; Code 1991, §50.30)
50.31-50.39 Reserved
• I
ARTICLE III
COLLECTION CHARGES; BILLING
50.40 Rates For Services
(A) Residential service. Garbage and trash shall
be collect from residential customers one time
each week for the following rates:
Garbagerrrash User Fee Schedule
Cart
Container
Fixed
Graduated
capitali-
Monthly
Volume
Fee
Volume
zation
Rate
Fee
included in
base rate
32
$5.76
$ 2.06
$ 0.37
$8.19
64
$5.76
$ 6.24
$ 0.49
$12.49
96
$5.76
$11.43
$ 0.55
$!!
CD50:7
(1) .There shall be no charge for the collection of
residential yard waste.
(2) Residential service customers shall receive
bulk brush collection at no charge one time
per year.
(3) If a residential customer wishes to exchange
to a larger residential garbage cart size, the
customer shall be assessed a twenty dollar
($20.00) cart exchange fee. No fee shall be
assessed for customers wishing to exchange
to a smaller cart.
(B) Commercial service.
(1) The monthly commercial rate for commercial
95 gallon cart customers shall be:
'See: Addendum A
(2) Commercial accounts shall be serviced once
per week, Monday through Friday, excepting
authorized holidays for city employees.
(3) The rate for providing extra collection of any
95 gallon cart shall be twice the monthly
collection rate based on the number of
collections per week as established by
§50.40(B)(1). The rate for providing extra
collection of any commercial loadall type
container shall be $7.20 per cubic yard.
(4) Container rental.
JDRA
F T
TITLE V PUBLIC WORKS
Container Size
tin rlu Ydc 1 Mnnthly
2
$ 9.00
3
$11.00
4
$13.00
5
$15.00
'See: Addendum A
(C) Loadall type container service. The monthly rate
for one pickup each week of the month for any
commercial establishment using loadall type
containersfor the collection of garbage shall be
$15.60 per cubic yard collected. The monthly
rate for one pickup each week of the month for
any commercial establishment using loadall type
containers for collection of garbage shall be
increased in the year 2000 and each year
thereafter, to $16.38 per cubic yard collected.
Commercial Carts
95 Gallon Carts
rT. =.1rGr�r7MI1V_1
(D) Repeated. .
(E) Use of composting facility.
(1) Businesses, including commercial
landscapers and tree trimmers, and
nonresidents that bring brush to the city's
composting facility for disposal will be
charged as follows:
Addendum A' .
1 pickup per week
$15.90
2 pickups per week
$24.53
3 pickups per week
$33.15
4 pickups per week
$41.78
5 pickups per week
$50.41
6 pickups per week
-
Lamer Containers per Cubic Yard
1 pickup per week -
$16.38
2 pickups per week
$32.76
3 pickups per week
$49.14 - -
4 pickups per week
$65.52
5 pickups per week
$81.90
6 pickups per week
$98.28
(a) Compact pickup trucks $5.00
(b) Full size pickup trucks $8.00
(c) Trailers up to 14 feet long $10.00 .
(d) Trailers greater than 14 feet $15.00
(Code 1965, §§10-28, 10-29, 10-29.1; Ord. No. 1194, 4-6-59; Ord. No. 1443, 4-26-65; Ord. No. 2587, 12-18-79; Ord. No. 2751, 8-
18-81; Ord. No. 2767, 10-20-81; Ord. No. 2855, 9-21-82; Ord. No. 2886, 1-18.83; Ord. No. 3626, 8-4-92; Ord. No. 3755, §§3, 4, 12-
21-93; Ord. No. 3841, §t, 11-16-94; Ord. No. 3842. §3, 11-16-94; Ord. No. 3993, §§1-5, 9-17-96; Ord. No. 4111, §5, 8-4-98: Ord.
No. 4349, 11-8-01; Ord. No. 4382, 3-19-02; Ord. No. 4415, §5, 9-17-02; Code 1991, §60.40, Ord. 4457 §50-40, 01-21-03,
50.41 Rates For Service Outside City
Limits
In the event garbage and trash collection and removal
service is rendered by the city for buildings, structure
or premises located outside the corporate limits of the
city, as provided for in §50.28, the monthly charge for
such service shall be as prescribed in §50.40(A) and
(B), plus 50%.
§50.41)
50.42 Higher Rate To Control In Case Of
Uncertainty, Contradiction Or
Duplication
In case of uncertainty, contradiction or duplication of
rates prescribed. in this article, the higher rate shall
control.
0
(Code 1965, §10-30; Ord. No. 1194, 4-6-59; Code 1991, (Code 1965. §10-31; Ord. No. 1194, 4-6-59; Code 1991, j
CD50:8 40
,r
u
§50.42)
State law reference(s) Rate schedules -Greater or
lesser rate not to be charged, A.C.A. § 23-4-107.
50.43 Adjustment Of Rates; Exemptions
Appeal for adjustment of rates for charges prescribed
by this article may be directed in writing to the
operations director and the mayor. Appeal from their
decision shall be directly to the City Council, and shall
be in writing and filed with the city clerk within 30 days
of the date written notice of the decision of the
operations director and the mayor is given.
Exemptions from sanitation charges may be granted
by the City Council upon written request only, for a
just cause.
(Code 1965, §10-32; Ord. No. 1194, 4-6-59; Ord. No. 1619,
8-19-68; Code 1991, §50.43)
50.44 Billing; When Payment Due
The billing for services hereby provided shall be
included in the bill rendered monthly to each user of
city water, or such services may be billed by any other
practicable means of collection. All bills for services
shall be rendered in the net amount due. Bills are
due and payable on or before the 20th day following
the billing date stated on the bill.
(Code 1965. §10-33; Ord. No. 1194, 4-6-59; Ord. No. 1443,
4-26-65; Ord. No. 1555, 7-17-67; Ord. No. 1619, 8.19-68;
Ord. No. 3739, §1, 11-16-93; Code 1991. §50.44)
50.45 Delinquent Accounts
(A) In the event that the billing for services provided
for herein are not paid by the due date on the bill,
they shall be considered delinquent and an
additional charge of 10%, of the total bill shall be
levied. Such penalty shall become a part of and
be collected with the regular billing for services
heretofore levied. Said penalty may be waived
for elderly or handicapped utility customer
pursuant to a penalty waiver program approved
by the City Council.
(B) Termination of service. The city shall discontinue
service in accordance with §51.140, water billing
procedures.
(Code 1965, §10-34; Ord. No. 1194, 4-6-59; Ord. No. 1443,
4-26-65: Ord. No. 1555, 7-17-67; Ord. No. 3739, 52. 11-16-
93; Code 1991, §50.45)
State law reference(s)—Termination of water service,
A.CA.§14-229-103.
50.46 Service Deposits
A service deposit shall be made with each application
for service. The service deposit shall be retained in
CD50:9
trust, without interest, by the city's finance division.
When service to the depositor is discontinued
permanently, said service deposit shall be applied to
the final billing and the remainder, if any, returned to
the depositor.
(A) All consumers that receive water service and
have made a service deposit on the dwelling In
accordance with §51.135 shall not be required to
make an additional service deposit as required by
this section.
(1) The service deposit made under §51.135
shall include an adequate amount to cover
all services received at the dwelling.
(2) Any service deposit covered under §51-135
shall follow all requirements as prescribed in
said section.
(B) All consumers that have not made a service
deposit in accordance with subsection (A) above,
shall be required to make a minimum service
deposit of $50.00, or that equal to the highest
one -month bill, whichever is greater.
(1) The service deposit amount required may be
increased up to 21h times the estimated
maximum bill, as determined by the water
and sewer services superintendent, or his
designated agent, if the customer has a
history of delinquent payment or
nonpayment of his bill. Increased service
deposits may be required of all consumers
whether residential, commercial, or
industrial.
(2) Each customer shall be required to make an
additional $10.00 service deposit each time
the service is discontinued for nonpayment
of their water bill.
(C) The water and sewer services superintendent, or
his official representative, may waive such
service deposit requirements as may be
considered justified in the opinion of said
superintendent or his official representative.
(1) In determining whether a service deposit
may be waived, the water and sewer
services superintendent, or his official
representative, shall take into consideration
property ownership, credit experience with
the consumer, payment record of the
consumer, and status of current service
deposit(s) the consumer presently has active
with the city on other utility accounts.
(D) The water and sewer services superintendent, or
DRAFT
aye evi e o e o r mantes
his/her official representative, shall determine
with each application for service whether the
service deposit shall be paid at the time of
application, or if said deposit may be billed to the
consumer, in part or in whole, on the first month's
billing or spread over several months' billings.
(1) In determining the required method of
payment for the service deposit, the water
and sewer services superintendent, or
his/her official representative, shall take into
consideration property ownership, credit
experience with the consumer, payment
record of the consumer, and status of current
service deposit(s) the consumer presently
has active with the city on other utility
accounts.
(Ord. No. 3739, §3, 11-1 Cr93; Code 1991, §50.46)
50.47-50.99 Reserved
CD50:10
•
•
•
DRAFT
ARTICLE I WATER USAGE REGULATIONS
51.001
WATER SHORTAGES....................................................................................................................
4
51.002
WATER METERS............................................................................................................................
4
51.003
UNAUTHORIZED OPENING OR CLOSING OF FIRE HYDRANTS ..............................................
5
51.004
INTERFERENCE WITH WATER SYSTEM PROPERTY...............................................................
5
51.005-51.034 RESERVED..........................................................................................................................
5
ARTICLE 11 BUILDING SEWER AND CONNECTIONS
51.035
CONNECTION PERMIT REQUIRED .....................................
5
51.036
BUILDING SEWER PERMITS; TERM; RENEWAL.......................................................................
5
51.037
SERVICE TO PROPOSED AND EXISTING ESTABLISHMENTS................................................
6
51.038
COSTS AND EXPENSES OF PERMITS AND CONNECTION OF BUILDING SEWER;
INDEMNIFICATION.........................................................................................................................
6
51.039
SEPARATE BUILDING SEWER PROVIDED FOR EVERY BUILDING; EXCEPTIONS ..............
6
51.040
USE OF OLD BUILDING SEWERS WITH NEW BUILDINGS.......................................................
6
61.041
STANDARDS FOR CONNECTION OF BUILDING SEWER TO PUBLIC SEWER ..................:...
6
51.042
SIZE, SLOPE, AND ALIGNMENT..................................................................................................
6
51.043
ELEVATION OF DRAINPIPE; ARTIFICIAL LIFTERS...................................................................
6
51.044
SOURCES OF SURFACE RUNOFF OR GROUNDWATER........................................................
7
51.045
EXCAVATIONS; BARRICADES AND LIGHTS.............................................................................
7
51.046
INSPECTION OF CONNECTION TO PUBLIC SEWER.................................................................
7
51.047
CONTROLS FOR INDUSTRIAL WASTE DISCHARGES THROUGH BUILDING SEWERS ......
.7
51.048-51.069
RESERVED.........................................................................................................................
7
ARTICLE
III DISCHARGE AND PRETREATMENT REGULATIONS
51.070
PURPOSE.......................................................................................................................................7
51.071
APPLICABILITY..............................................................................................................................8
CD51:1
• a •
DRAFT1�
51.072 ADMINISTRATION..........................................................................................................................8
51.073 ABBREVIATIONS...........................................................................................................................8
51.074 DEFINITIONS..................................................................................................................................8
51.075 GENERAL SEWER USE REQUIREMENTS................................................................................ 11
51.076 PRETREATMENT OF WASTEWATER........................................................................................14
51.077 WASTEWATER DISCHARGE PERMIT APPLICATION..............................................................15
51.078 WASTEWATER DISCHARGE PERMIT ISSUANCE PROCESS.................................................16
51.079 REPORTING REQUIREMENTS................................................................................................... 19
51.080 COMPLIANCE MONITORING...................................................................................................... 22
51.081 CONFIDENTIAL INFORMATION................................................................................................. 23
51.082 PUBLICATION OF USERS IN SIGNIFICANT NONCOMPLIANCE ............................................ 23
51.083 ADMINISTRATIVE ENFORCEMENT REMEDIES....................................................................... 24
51.084 JUDICIAL ENFORCEMENT REMEDIES..................................................................................... 25 •
51.085 AFFIRMATIVE DEFENSES TO DISCHARGE VIOLATIONS...................................................... 26
51.086 MISCELLANEOUS PROVISIONS................................................................................................ 28
51.087 SURCHARGE... ............................................................................................................................. 28
51.088-51.109 RESERVED....................................................................................................................... 29
ARTICLE IV WATER AND SEWER SERVICE CONNECTIONS AND EXTENSIONS
_.
51.110 CONNECTION REQUIRED .................... .............. ........................................................................ 30
51.111 ASSESSMENT PROCEDURE FOR IMPROVEMENT OR CONSTRUCTION OF WATER OR
SEWERLINES.. ............................................................... & ....... & ............................................. m ...... 30
51.112 WATER SERVICE AND EXTENSION POLICY........................................................................... 31
51.113 SEWER SERVICE AND EXTENSION POLICY........................................................................... 32
51.114 WATER, SEWER TAP CONNECTION FEES.............................................................................. 32
51.115 RESERVED...........................................m.......................................................................................33
51.116-51.134 RESERVED....................................................................................................................... 33
l
CD51:2
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DRAFT
ARTICLE V RATES AND CHARGES
51.135
SERVICE DEPOSITS....................................................................................................................
33
51.136
MONTHLY WATER RATES.........................................................................................................
35
51.137
MONTHLY SEWER RATES.........................................................................................................
36
51.138
ABNORMAL SEWAGE SURCHARGE........................................................................................
40
51.139
USERS OUTSIDE CITY LIMITS...................................................................................................
40
51.140
WATER BILLING PROCEDURE..................................................................................................
41
51.141
SEWER BILLING PROCEDURE..................................................................................................
42
51.142
REDUCTION OF RATES..............................................................................................................
42
51.143
TURNING -ON OF WATER; FEES................................................................................................
42
51.144
FILLING WATER TANKS ON COMMERCIAL TRUCKS; RATES ..............................................
43
51.145
ADDRESS NUMBER REQUIREMENTS......................................................................................43
51A46
BACKFLOW PREVENTION.........................................................................................................44
51.147-51.998
RESERVED'........................................................................................................................
47
51.999
PENALTY......................................................................................................................................47
CD51:3
BMW
CHAPTER 51: WATER AND SEWERS
ARTICLE I
WATER USAGE REGULATIONS
51.001 Water Shortages
(A) Definitions. For the purpose of this section the
following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Person. Any person, firm, partnership,
association, corporation, company, or organization of
any kind.
Water. Water from the city water supply system.
(B) The provisions of this section shall apply to all
persons using water both in and outside the city.
pools not employing a filter and recirculating
system.
(D) Notice of prohibitions shall be published once in a
newspaper of general circulation in the city.
(E) The county sanitarian shall have the authority to
permit a reasonable use of water in any case
necessary to maintain adequate health and
sanitation standards.
(F) The water and wastewater director shall have
available and furnish all records necessary to
determine the usages of water restricted under
the terms of this section-
(G) Every police officer of the city shall, in connection
With his duties imposed by law, diligently enforce
the provisions of this section.
(C) The mayor, or his/her duly authorized
(H) The mayor or his/her
duly
authorized
representative, is hereby authorized to prohibit the
representative shall have the
authority
to enforce
use and withdrawal of water by any person when
the provisions of this
section
by the.
there is an impending shortage of water for any
discontinuance of water service in
event of
one or more of the following purposes:
violation hereof.
'
(1) Watering yards. The sprinkling, watering, or
irrigation of lawns, grass, or ground cover.
(2) Watering other vegetation. The sprinkling,
watering, or irrigation of shrubbery, trees,
plants, vines, gardens, vegetables, flowers, or
any other vegetation.
(3) Washing mobile equipment. The washing of
automobiles, trucks, (milers, trailer -houses,
railroad cars, or other types of mobile
equipment.
(4) Cleaning outdoor surfaces. The washing of
sidewalks, driveways, filling station aprons;
porches, and other outdoor surfaces.
(5) Cleaning buildings. The washing of the
outside of dwellings; the washing of the inside
and outside of office buildings.
(6) Ornamental fountains. The operation of any
omamental fountain or other structure making
a similar use of water.
(7) Swimming pools. Swimming and wading
CD51:4
(Code 1965, §§21-1.1--21-1.8; Ord. No. 1757, 8-17-70; Code
1991, §51.001)
Cross reference(s)-Penalty, §51.999.
Slate law references) -Cities of the first class -
Operation by city in governmental capacity, A.CA §14-234-
107; Powers of municipalities, A.C.A. §14-42-307; Public
utilities and rapiers, A.C.A. §14-43-609.
51.002 Water Meters -
(A) Installation. Meters shall be installed at each
connection with the city's water works system.
The city shall operate and maintain all meters,
whether owned by it or privately owned.
(B) Tampering with meters.
(1) It shall be unlawful for any person to tamper
with any water meter furnished by the city,
by breaking the seal of same with the
intention of changing or altering the
mechanism of such meter, or by changing or
altering in any manner the mechanism of
such meter. Nothing in this section shall be
so construed as to prevent any employee of
•
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DRAFT
TITLE V PUBLIC WORKS
•
•
the city, when acting under the authority of the
superintendent of the water and sewer
division, from changing, altering, or otherwise
working with any meter furnished by the city.
(2) In the event a water customer damages the
meter set, meter or locking device, the city
water and wastewater director, or a Water
and Sewer Division employee designated by
said superintendent, shall determine the cost
of repairing said damage; or of replacing said
equipment, if necessary; and said cost shall
be billed to the customer and shall be due and
Payable in accordance with the provisions of
§51.140.
(3) If, after the city terminates water service for
any reason, the customer tampers with the
water meter and breaks the coupling or lock,
water service shall not be reconnected until
the customer pays a damage charge in the
amount of $40.00 and the reconnection
charge prescribed by §51.140 (Bx2), plus a
charge of $5.00 per trip made by a water and
sewer division employee to the damaged
meter to repair or replace the broken coupling
or lock.
(Code 1965, §§21-5, 21-12; Ord. No. 323. 11-7-13; Ord. No.
1165. 4-18-58; Ord. No. 2675, 11-4-80; Ord. No. 4223, 2-15-
00; Code 1991, §51.002)
51.003 Unauthorized Opening Or Closing
Of Fire Hydrants
It shall be unlawful for any person to open, close,
tamper with, or molest any fire hydrant of the city. This
section shall not apply to any authorized employee of
the city or to any member of the fire department while
in discharge of his duties. No person shall open or
close any fire hydrant with a monkey wrench, chain
wrench, pipe wrench, or any other device other than
those provided for such use and kept by the
superintendent of the Water and Sewer Division or the
Fire Department.
(Code 1965. §9-5; Ord. No. 274, 2-24-10; Code 1991,
§51.003)
Cross reference(s)—Penalty,§51.999.
51.004 Interference With Water System
Property
It shall be unlawful for any person to make connection
with the water distributing system of the city or to open
or close any valve, cutoff, cock, or other opening in any
part of such distributing system. This section shall not
apply to that part of the distributing system carrying
water after it has passed through metersinstalled by
CD51:5
the city.
(Code 1965, §21-9; Ord. No. 805, 2-7-38; Code 1991,
§51.004)
Cross reference(s)—Penalty, §51.999.
51.005-51.034 Reserved
ARTICLE If
BUILDING SEWER AND CONNECTIONS
51.035 Connection Permit Required
No unauthorized person shall uncover, make any
connection with or opening into, use, alter, or disturb,
any public sewer or appurtenance thereof without first
obtaining a written permit from the approving
authority. No permit shall.be issued to allow any
person to tie his property to the sewer system until the
connection fee prescribed by §51.114 as presently
amended or as may be amended in the future is paid.
(Code 1965. §21-56; Ord. No. 2677, 11-4-W; Code 1991,
§51.035)
Cross reference(s).Penalty, §51.999.
51.036 Building Sewer Permits; Term;
Renewal
(A) Classes of permits.
(1) There shall be two classes of building sewer
permits:
(a) for residential; and
(b) for service to establishments producing
industrial wastes.
(2) In either rase, the owner or agent shall make
application on a special forth furnished by
the city. The permit application shall be
supplemented by any plans, specifications,
or other information considered pertinent in
the judgment of the approving authority.
(B) Permits for operation of building sewers through
which industrial wastes are discharged into the
city sewage works shall be valid for five years
from the date of issuance, and may be renewed
upon submission and acceptance of an
application for renewal.
(Code 1965. §§2157, 21-60: Ord. No. 2677, 11-4-80; Code
1991, §51.036)
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TITLE V PUBLIC WORKS
Cross reference(s)--Penalty, §51.999.
51.037 Service To Proposed And Existing
Establishments
(A) For permits for service to proposed establishments
producing industrial wastes, the owner or agent
shall, as a supplement to the permit application,
furnish to the approving authority evidence that a
permit for such construction, installation,
modification, and/or operation has been obtained
from the state pollution control commission as
required by state law.
(B) Owners or agents of existing establishments
discharging industrial wastes into the city sewage
works shall apply for a permit for
continued
existing operation within 30 days after
receipt of
notification in writing by the approving
authority
that such a permit is required for
continued
operation. Permits for continued
existing
operation by establishments discharging
industrial
wastes into the city sewage works may
be issued
by the approving authority within 90
days of
receipt of an acceptable application.
(Code 1965, §§ 21-58, 21-59; Ord. No. 2677, 11-4-80; Code
1991, §51.037)
51.038 Costs And Expenses Of Permits
And Connection Of Building Sewer;
Indemnification
All costs and expenses incident to the evaluation of a
permit application and the issuance of a permit, and
connection of the building sewer, shall be bome by the
owner. The owner shall indemnify the city from any
loss or damage that may directly be occasioned by the
installation of the building sewer.
(Code 1965, §21-61; Ord. No. 2677, 11-4-80; Code 1991,
§51.038)
51.039 Separate Building Sewer Provided
For Every Building; Exceptions
A separate and independent building sewer shall be
provided for every building except as follows:
(A) Where multiple buildings are constructed in an
apartment complex or condominium on a single lot
or tract of land which cannot be subsequently
subdivided and sold in parcels, the individual
buildings may be connected to a collector building
sewer, provided that only one person is
responsible for maintenance of the building sewer.
(B) Temporary buildings, mobile homes, or similar
portable structures may be connected to a building
sewer installed to serve a previously constructed
CD51:6
permanent building, provided that both the
permanent and temporary buildings are located
on the same lot.
(Code 1965, §21-62; Ord. No. 2677, 11-4-80; Code 1991
§51.039)
Cross reference(s)-Penalty, §51.999.
51.040 Use Of Old Building Sewers With
New Buildings
Old building sewers, or portions thereof, may be used
in connection with new buildings only when they are
found on examination and test by the approving
authority to meet all requirements of this article.
(Code 1965, §21-63; Ord. No. 2677, 114-80: Code 1991.
§51.040)
Cross references) --Penalty, §51.999.
51.041 Standards For Connection Of
Building Sewer To Public Sewer
The connection of the building sewer into the public
sewer shall conform to the building and plumbing
codes or, if not covered by applicable rules and
regulations of the city, the procedures set forth in
appropriate specifications of the American Society for
Testing Materials and the Water Pollution Control
Federation "Manual of Practice No. 9. All such
connections shall be made gastight and watertight.
(Code 1965. §21-67; Ord. No. 2677, 11-4-80; Code 1991,
§51.041)
Cross reference(s)-Penalty, §51.999.
51.042 Size, Slope, And Alignment
The size, slope, alignment, materials, or construction
of a -building sewer, and the methods to beusedin
excavating, placing of the pipe jointing, testing, and
backfilling the trench, shall all conform to the
requirements of the building and plumbing code or
other applicable rules and regulations of the city and
the state. In the absence of code provisions,- the
materials and procedures set forth in appropriate
specifications of the American Society for Testing
Materials and the Water Pollution Control Federation,
Manual of Practice, shall apply.
(Code 1965, §21-64; Ord. No. 2677, 11-4-80; Code 1991,
§51.042)
Cross reference(s)-Penalty, §51.999.
51.043 Elevation Of Drainpipe; Artificial
Lifters
Whenever possible the building sewer shall be
brought to the building at an elevation below the
basement floor. The depth shall be sufficient to afford
• •
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E RA F T
TITLE V PUBLIC WORKS
protection from frost. In all buildings in which any
building drain is too low to permit gravity flow to the
public sewer, sanitary sewage carried by such building
drain shall be lifted by a pumping system approved by
the approving authority and discharged to the building
sewer.
(Code 1965. §21-6.5; Ord. No. 2677, 11A-80; Code 1991
§51.043)
Cross reference(s)-Penalty, §51.999.
51.044 Sources Of Surface Runoff Or
Groundwater
No person shall make connection of roof downspouts;
exterior foundation drains, areaway drains, or other
sources of surface runoff or groundwater to a building
sewer or building drain which in lure is connected
directly or indirectly to a public sanitary sewer.
(Code 1965, §21-66; Ord. No. 2677, 11-4-80; Code 1991,
§51.044). .
Cross reference(s)-Penalty, §51.999.
51.045 Excavations; Barricades And
• Lights
•1 All excavations for building sewer installation shall be
adequately guarded with barricades and light so as to
protect the public from hazard. Streets, sidewalks,
parkways, and other public property disturbed in the
courseofthe work .shall be restored in a manner
satisfactory to the approving authority.
(Code 1965. §21-69: Ord. No. 2677, 11-4-80; Code 1991.
§51.045) .
Cross reference(s}-Penalty,§61.999.
51.046 Inspection Of Connection To
Public Sewer
The applicant for the building sewer permit shall notify
the approving authority when the building sewer is
ready for inspection and connection to the public
sewer. The connection shall be accomplished only by
the water and sewer division of the city.
(Code 1965, §21-68; Ord. No. 2677, 11-4-80; Code 1991,
§51.046)
Cross reference(s)-Penalty,§51.999.
51.047 Controls For Industrial Waste
Discharges Through Building Sewers
(A) Any person responsible for discharges through a
building sewer carrying industrial wastes shall,
i when directed to do so by the approving authority,
• CD51:7
at his own expense:
(1)
Install
an accessible and
safely located
control
manhole;
(2) Install meters and other appurtenances to
facilitate observation, sampling and
measurement of the waste; and
(3) Maintain the equipment and facilities.
(B) Such control manhole, meters and other
monitoring appurtenances shall be lockable, and
accessible only by the approving authority.
(Code 1965, §21-70; Ord. No. 2677, 11-4-80;. Code 1991,
§51.047)
Cross reference(s)-Penalty, 551.999.
51.048-51.069 Reserved
ARTICLE III
DISCHARGE AND
PRETREATMENT REGULATIONS
51.070 Purpose
This article sets forth standards and requirements for
users of the publicly owned treatment works (POTW)
for the City of Fayetteville and enables the city to
comply with all applicable federal and state laws,
including Clean Water Act (33 U.S.C. §1251 at seq.)
and the General Pretreatment Regulations (40 C.F.R.
pt. 403). The objectives of this article are:
(A) To prevent the introduction of pollutants into the
POTW that will interfere with its operation or
contaminate its resulting sludge;
(B) To prevent the introduction of pollutants into the
POTW which will pass through the POTW,
inadequately treated, into receiving waters or
otherwise be incompatible with the POTW;
(C) To protect both POTW personnel who may be
affected by wastewater and sludge in the course
of their employment and the general public;
(D) To improve opportunities for reuse and recycling
of wastewater and sludge from the POTW;
(E) To provide for fees for the equitable distribution
of the cost of operation, maintenance, and
improvement of the POTW;
(F) To enable the city to comply with its National
Pollutant Discharge Elimination System peril
conditions, sludge use and disposal
requirements, and any other federal or state laws
JDRA
F T
TITLE V PUBLIC WORKS
to which the POTW is subject; and U.S.C. United States Code
(G) To provide for penalties for violations of the
regulations established herein.
(H) To encourage pollution prevention through waste
minimization, source reduction and reuse
practices.
This article authorizes the issuance of wastewater
discharge permits; provides for monitoring,
compliance, and enforcement activities; establishes
administrative review procedures; requires user
reporting; and provides for the setting of fees for the
equitable distribution of costs resulting from the
program established herein.
(Ord. No. 3965, 5-7-96; Ord. No. 4088, §1, 4-7-98; Code
1991, §51.070)
51.071 Applicability
This article shall apply to all users of the POTW.
(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Ord. No. 4088, 4-7-
98; Code 1991, §51.071) . I .
51.072 Administration
Except as otherwise provided herein, the control
authority, as defined in this article, shall administer,
implement, and enforce the provisions of this article.
Any powers granted to or duties imposed upon the
control authority may be delegated by the control
authority to his/her authorized representative.
(Code 1991, §51.072)
51.073 Abbreviations
The following abbreviations shall have the designated
meanings:
See table.
SOD
BioChemical oxygen demand
C.F.R.
Code of Federal Regulations
EPA
U.S. Environmental Pmtection Agency
gpd
gallons per day
mgll
milligrams per liter
NPDES
National Pollutant Discharge Elimination
System
POTW
Publicly owned treatment works
Resource Conservation and Recovery Act
ETSRCRA
S
Total suspended solids
.(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Code 1991,
§51.073)
51.074 Definitions
Unless a provision explicitly states otherwise, the
following terms and phrases, as used in this article,
shall have the meanings hereinafter designated.
CD51:8
Act or the Act. The Federal Water Pollution
Control Act, also known as the Clean Water Act,. as
amended, 33 U.S.C. §1251 at seq.
Approval Authority. Arkansas Department of
Pollution Control and Ecology.
Authorized signatory of the user.
(1) If the user is a corporation:
(a) The president, secretary, treasurer, or a
vice-president of the corporation in
charge of a principal business function,
or any other person who .performs
similar policy- or decision -making
functions for the corporation; or
(b) The manager of one or more
manufacturing, production, or operation
facilities employing more than 250
persons or having gross annual sales or
expenditures exceeding $25,000,000.00
(in second-quarter 1980 dollars), if
authority to sign documents has been
assigned or delegated to the manager in
accordance with corporate procedures;
(2) If the user is a partnership or sole
proprietorship:
(a) a general partner; or
(b) proprietor, respectively;
(3) If the user is a federal, state or local
governmental facility:
(a) a director or highest official appointed or
designated to oversee the operation;
and performance of the activities of the
government facility; or
(b) his/her designee;
(4) The individuals described in paragraphs (1)
through (3) above may designate another
authorized representative if the authorization
is in writing, the authorization specifies the
•
1
•
EDIRAFn
TITLE V PUBLIC WORKS
individual or position responsible for the Instantaneous maximum allowable discharge
overall operation of the facility from which the limit. The maximum concentration of a pollutant
discharge originates or having overall allowed to be discharged at any time, determined
responsibility for environmental matters for from the analysis of any discrete or composite sample
the company, and the written authorization is collected, independent of the industrial flow rate and
submitted to the control authority. the duration of the sampling event.
Biochemical oxygen demand (BOD). The quantity
of oxygen utilized in the biochemical oxidation of
organic matter under standard laboratory procedures
for five days at 200 centigrade, usually expressed as a
concentration of milligrams per liter (mg/1).
Categorical pretreatment standard or categorical
standard. Any regulation containing pollutant
discharge limits promulgated by EPA in accordance
with %307(b) and (c) of the Act (33 U.S.C. §1317)
which apply to a specific category of users and which
appear in 40 C.F.R. Chapter 1, Article N, pts. 405-471.
City. The City of Fayetteville, the Fayetteville City
Council or its authorized representative.
Composite sample. The sample resulting from the
combination of individual wastewater samples taken at
selected intervals based on an increment of either flow
or time, as specified by the control authority.
Control authority. The mayor or his/her authorized
representative.
Environmental Protection Agency (EPA). The
U.S. Environmental Protection Agency or its
authorized representative.
Existing source. Any source of discharge, the
construction or operation of which commenced prior to
the publication by EPA of proposed categorical
Pretreatment standards, which will be applicable to
such source if the standard is thereafter promulgated in
accordance with §307 of the Act.
Grab sample. An individual sample collected over
a period of time not to exceed 15 minutes.
Indirect discharge or discharge. The introduction
of pollutants into the POTW from any nondomestic
source regulated under §307(b), (c), or (d) of the Act.
Industrial user. A discharger into the POTW of
nondomestic wastewater.
Interference. A discharge which alone or in
conjunction with a discharge or discharges from other
sources inhibits or disrupts the POTW, its treatment
processes or operations or its sludge processes, use
or disposal.
CD51:9
May. Discretionary or permissive.
Medical waste. Isolation wastes, infectious
agents, human blood and blood products,
pathological wastes, sharps, body parts,
contaminated bedding, surgical wastes, potentially
contaminated laboratory wastes, and dialysis wastes.
National Pollutant Discharge Elimination System
(NPDES) permit. A permit issued to a POTW or other
discharger pursuant to §402 of the Act.
New source.
(1) Any building, structure, facility, or installation
from which there is (or may be) a discharge
of pollutants, the construction of which
commenced after the publication of
proposed pretreatment standards under
§307(c) of the Act which will be applicable to
such source if such standards are thereafter
promulgated in accordance with that section,
provided that:
(a) the building, structure, facility, or
installation is constructed at a site at
which no other source is located; or
(b) the building, structure, facility, or
installation totally replaces the process
or production equipment that causes the
discharge of pollutants at an existing
source; or
(c) the production or wastewater generating
processes of the building, structure,
facility, or installation are substantially
independent of an existing source at the
same site. In determining whether
these are substantially independent,
factors such as the extent to which the
new facility is integrated with the
existing plant, and the extent to which
the new facility is engaged in the same
general type of .activity as the existing
source, should be considered.
(2) Construction on a site at which an existing
source is located results in a modification
rather than a new source if the construction
does not create a new building, structure,
•
DRAFT
TITLE V PUBLIC WORKS
facility, or installation meeting the criteria of incinerator residue, sewage, garbage, sewage sludge,
§(1)(b) or (c) above but otherwise alters, munitions, medical wastes, chemical wastes,
replaces, or adds to existing process or biological materials, radioactive materials, heat,
production equipment. wrecked or discharged equipment, rock, sand, cellar
dirt, agricultural and industrial wastes, and the
(3) Construction of a new source as defined characteristics of the wastewater (e.g., pH, TSS,
under this paragraph has commenced if the turbidity, color, BOD, chemical oxygen demand
owner or operator has: (COD), toxicity, or odor).
(a) begun, or caused to begin as part of a
continuous onsite construction program:
(i) any placement, assembly, or
installation of facilities or equipment;
or
(ii) significant
site preparation work
including
clearing, excavation, or
removal
of existing buildings,
structures,
or facilities which is
necessary
for the placement,
assembly,
or installation of new
source facilities or equipment; or
(b) Entered into a binding contractual
obligation for the purchase of facilities or
equipment which are intended to be used
in its operation within a reasonable time.
Options to purchase or contracts which
can be terminated or modified without
substantial loss, and contracts for
feasibility, engineering, and design
studies do not constitute a contractual
obligation under this paragraph.
Noncontact cooling water. Water used for cooling
which does not come into direct contact with any raw
material, intermediate product, waste product, or
finished product
Pass through. A discharge which exits the POTW
into waters of the United States in quantities or
concentrations which, along or in conjunction with a
discharge or discharges from other sources, is a cause
of or has the potential to cause a violation of any
requirement of the city's NPDES permit (including an
increase in the magnitude or duration of a violation).
Person. Any individual, partnership, co-
partnership, firm, company,corporation, association,
joint stock company, trust, estate, governmental entity,
or any other legal entity; or their legal representatives,
agents, or assigns. This definition includes all federal,
state, or local governmental entities.
pH. A measure of the acidity or alkalinity of a
substance, expressed in standard units.
Pollutant. Any dredged spoil, solid waste,
Pretreatment. The reduction of the amount of
pollutants, the elimination of pollutants, or the
alteration of the nature of pollutant properties in
wastewater prior to (or in lieu of) introducing such
pollutants into the POTW. This reduction or alteration
can be obtained by physical, chemical, or biological
processes; by process changes; or by other means
(except by diluting the concentration of the pollutants
unless allowed by an applicable pretreatment .
standard.
Pretreatment requirements. Any substantive or
procedural requirement, other than a pretreatment
standard, related to pretreatment and imposed on a
user.
Pretreatment standards or standards.
Pretreatment standards shall mean prohibited
discharge standards, categorical pretreatment
standards, and local limits.
Prohibited discharge standards or prohibited
discharges. Prohibitions against the discharge of
certain substances; these prohibitions appear in
§51.075(B) of this article.
Publicly owned treatment works (PO7149. A
"treatment works," as defined by §212 of the Act (33
U.S.C. §1292) which is owned by the city. This
definition includes any devices or systems used in the
collection, storage, treatment, recycling, and
reclamation of sewage or industrial wastes of a liquid
nature and any conveyances which convey
wastewater to a treatment plant.
Qualified professional. A person who is proven
to be competent or suited for a specific position or
task.
Septic tank waste. Any sewage from holding
tanks such as vessels, chemical toilets, campers,
trailers, and septic tanks.
CD51:10
Sewage. Human excrement and gray water
(household showers, dishwashing operations, etc.).
Shall. Mandatory.
Significant industrial user.
E
•
ie
KDR; AFT
TITLE V PUBLIC WORKS
(1) A user subject to categorical pretreatment
standards; or
(2) A user that
(a) Discharges an average of 25,000 gpd or
more of process wastewater to the
POTW (excluding sanitary, noncontract
cooling, and boiler blowdown
wastewater); or
(b) Contributes a process wastestream
which makes up 5% or more of the
average dry weather hydraulic or organic
capacity of the POTW treatment plant; or
(c) Is designated as such by the control
authority on the basis that it has a
reasonable potential for adversely
affecting the POTW's operation or for
violating any pretreatment standard or
requirement.
(3) Upon a finding that a user meeting the criteria
in (2) has no reasonable potential for
adversely affecting the POTW's operation or
• for violating any pretreatment standard or
requirement, the control authority may at any
time, on its own initiative or in response to a
petition received from a user (and in
accordance with procedures in 40 C.F.R. pt.
403.8(f)(6)) determine that such user should
not be considered a significant industrial user.'
Slug load or slug. Any discharge at a flow rate or
concentration which could cause a violation of the
prohibited discharge standards in this article or any
discharge of a nonroutine, episodic nature, including
but not limited to, an accidental spill or a noncustomary
batch discharge.
Standard Industrial Classification (SIC) Code. A
classification pursuant to the Standard Industrial
Classification Manual issued by the United States
Office of Management and Budget
State. Stale of Arkansas.
Storm water. Any flow occurring during or
following any form of natural precipitation, and resulting
from such precipitation, including snowmelt.
Surcharge. A service charge in addition to the
normal monthly rate which shall be assessed to the
Significant industrial users who discharge into the city
system wastewater having an average BOD
concentration in excess of 300 milligrams per liter or an
average TSS concentration in excess of 300 milligrams
• CD51:11
per liter.
Total suspended solids. The total suspended
matter that floats on the surface of, or is suspended
in, water, wastewater, or other liquid, and which is
removable by laboratory filtering.
Toxic pollutant. Any pollutant or combination of
pollutants listed as toxic in regulations promulgated by
EPA under §307 (33 U.S.C. §1317) of the Act.
Treatment plant's effluent. The discharge from
the POTW into the receiving stream.
User. Any person who contributes or permits the
contribution of wastewater into the POTW.
Wastewater. Liquid and water -carried industrial
wastes and sewage from residential dwellings,
commercial buildings, industrial and manufacturing
facilities, and institutions.
Wastewater treatment plant. That portion of the
POTW which is designed to provide treatment of
municipal sewage and industrial waste.
(Ord. No. 3965. §§2, 3 (Exh. A), 57-96; Ord. No. 4088, §2,
4-7-98; Code 1991. §51.074)
51.075 General Sewer Use Requirements
(A) Wastewater generated by development located in
100-year floodplain not to be transported or
treated by facilities constructed under EPA
Project No. C-050366-01 for 50 years.
(1) For the purpose of this section area of
existing development shall mean an area
which, at the EPA issued a finding of no
significantimpact for EPA Project No. C-
050366-01 was: —
(a) Occupied by existing structures -or
facilities;
(b) Substantially surrounded by existing
structures or facilities and which serves
no significant independent natural
floodplain function; or
(c) Characterized by substantial investment
in public infrastructure but which is only
partially occupied by structures or
facilities.
(2) No wastewater generated by development
located in the 100-year floodplain shall be
transported or treated by facilities
DRAFIT
TITLE V PUBLIC WORKS
constructed under EPA Project No. C- more than 12.5, or otherwise causing
050366-01 for a period of 50 years from corrosive structural damage to the
January 1, 1987, except that service may be POTW or equipment
provided to:
(c) Solid or viscous substances including,
(a) Areas of existing development in a but not limited to, fats, oil or grease of
floodplain; animal or vegetable in amounts which
will cause obstruction of the flow in the
(b) Commercial or public facilities which by POTW resulting in interference but in no
nature must be located in a floodplain; case solids greater than one-half inch in
any dimension;
(c) Areas of projected growth if the
environmental information document for (d) Pollutants, including oxygen -demanding
EPA Project No. C-050366-01 pollutants (BOD, etc.), released in a
demonstrates that proposed development discharge at a flow rate and/or pollutant
will be consistent with the floodplain concentration which, either singly or by
management criteria for flood -prone interaction with other pollutants, will
areas (44 C.F.R. pt. 60.3) of the Federal cause interference with the POTW;
Emergency Management Agency
(FEMA) and will have no significant (a) Wastewater having a temperature
impacts on natural functions and values greater than 1509 Fahrenheit (65' C), or
of the floodplain; or which will inhibit biological activity in the
treatment plant resulting in interference,
(d) An area of projected growth if an but in no case wastewater which causes
environmental impact statement the temperature at the introduction into
demonstrates that there is no practicable the treatment plant to exceed 1042
alternative to such growth, that such Fahrenheit (40' C);
growth will be consistent with the •
floodplain management criteria for flood- (f) Petroleum oil, nonbiodegrable cutting
prone areas (44 C.F.R. pt. 60.3) of oil, or products of mineral oil origin, in
FEMA, and that the benefits of such amounts that will cause interference or
growth outweigh its environmental costs. pass through;
(B) Prohibited discharge standards. (g) Pollutants which result in the presence
of toxic gases, vapors, or fumes within
(1) Genera/ prohibitions. No person shall the POTW in a quantity that may cause
introduce or cause to be introduced into the acute worker health and safety
POTW any pollutant or wastewater which problems;
causes pass through or interference. These
general prohibitions apply to all users of the - (h) Trucked or hauled pollutants; except at
POTW whether or not they are subject to discharge points designated by the
categorical pretreatment standards or any control authority in accordance with
other federal, state, or local pretreatment - §51.076(D) of this article;
standards or requirements. -
(i) Any liquids, gases, solids, or other
(2) Specific Prohibitions. No person shall wastewater which, either singly or by
introduce or cause to be introduced into the interaction with other wastes, are
POTW the following.pollutants, substances, or sufficient to create a public nuisance or
wastewater: a hazard to life, or to prevent entry into
the sewers for maintenance or repair,
(a) Pollutants which create a fire or explosive
hazard in the POTW, including, but not Q) Wastewater which imparts color which
limited to, wastestreams with a closed- cannot be removed by the treatment
cup flashpoint of less than 1402 process, such as, but not limited to, dye,
Fahrenheit (600 C) using the lest wastes and vegetable tanning solutions,
methods specified in 40 C_F.R. pt. which consequently imparts color to the
261.21; - treatment plant's effluent, thereby
violating the city's NPDES permit;
(b) Wastewater having a pH less than 5.0 or - -
CD51:12 •
•
•
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TITLE V PUBLIC WORKS
(k) Wastewater containing any radioactive
wastes or isotopes except in compliance
with applicable federal or state
regulations and approved by the control
authority;
(1) Storm water, surface water, ground
water, artesian well water, roof runoff,
subsurface drainage, condensate,
deionized water, noncontact cooling
water, and unpolluted wastewater, unless
specifically authorized by the control
authority;
(m) Sludges, screenings, or other residues
from the pretreatment of industrial
wastes;
(n) Medical wastes, except as specifically
authorized by the control authority;
(o) Wastewater causing, alone or in
conjunction with other sources, the
POTW to violate its NPDES permit or the
treatment plant's effluent to fail a toxicity
test;
(p) Any substance which may cause the
POTW's effluent or other product of the
POTW such as residues, sludges or
scums, to be unsuitable for normal
IandfilUland application, reclamation or
reuse, or to interfere with the reclamation
process;
(q) Detergents, surface-active agents, or
other substances which may cause
excessive foaming in the POTW;
(r) Any material into a manhole through its
top unless specifically authorized by the
control authority.
Pollutants, substances, or wastewater
prohibited by this section shall not be processed or
stored in such a manner that they could be
discharged to the POTW.
(C) Categorical pretreatment standards. The
categorical pretreatment standards found at 40
C.F.R. Chapter I, Article N, pts. 405-471 are
hereby incorporated.
(1) Where a categorical pretreatment standard is
expressed only in terms of either the mass or
the concentration of a pollutant in wastewater,
the control authority may impose equivalent
concentration or mass limits in accordance
CD51:13
with 40 C.F.R. pL 403.6(c).
(2) When wastewater subject to a categorical
pretreatment standard is mixed with
wastewater not regulated by the same
standard, the control authority shall impose
an alternate limit using the combined
wastestream formula in 40 C.F.R. pt.
403.6(e).
(3) A user may obtain a variance from a
categorical pretreatment standard if the user
can prove, pursuant to the procedural and
substantive provisions in 40 C.F.R. pt.
403.13, that factors relating to its discharge
are fundamentally different from the factors
considered by EPA when developing the
categorical pretreatment standard.
(4) A user may obtain a net gross adjustment to
a categorical standard in accordance with 40
C.F.R. pt. 403.15.
(D) Local limits. The following pollutant limits are
established to protect against pass through and
interference. No person shall discharge
wastewater containing in excess of the following
instantaneous maximum allowable discharge
limits except by permit from the control authority:
0.68 mgA arsenic
0.02 mgA cadmium
0.48 mg/1 chromium
0.23 mgA copper
0.01 mgA cyanide
0.15 mgA lead
0.0002 mg/I mercury
0.20 mg/I nickel
1.23 mg/I silver
1.52 mg/I zinc
The above limits apply at the point where the
wastewater is discharged to the POTW. All
concentrations for metallic substances are for "total"
metal unless indicated otherwise. The control
authority may impose mass limitations in addition to,
or in place of, the concentration -based limitations
above.
The city may revise or modify the local limits as
required, or if deemed necessary to comply with the
objectives presented in §51.070 of this article or the
general and specific prohibitions in §51.075(B) of this
article, or to insure compliance with federal, state, or
local law.
(E) Right of revision. The. city reserves the right to
establish, by ordinance or in wastewater
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TITLE V PUBLIC WORKS
discharge permits, more stringent standards or wastewater discharge permit may be issued
requirements on discharges to the POTW. solely for flow equalization.
(F) Dilution. No user shall ever increase the use of
process water, or in any way attempt to dilute a
discharge, as a partial or complete substitute for
adequate treatment to achieve compliance with a
discharge limitation unless expressly authorized
by an applicable pretreatment standard or
requirement. The control authority may impose
mass limitations on users which are using dilution
to meet applicable pretreatment standards or
requirements, or in other cases when the
imposition of mass limitations is appropriate.
(Ord. No. 3965, 02, 3, Exh. A, 5-7-96; Ord. No. 4088, §3, 4-
7-98; Code 1991, §51.075)
51.076 Pretreatment Of Wastewater
(A)Pretreatment facilities. Users shall provide
wastewater treatment as necessary to comply with
this article and shall achieve compliance with all
pretreatment standards, local limits, and the
prohibitions set out in §51.075(B) of this article
within the time limitations specified by EPA, the
stale, -or the control authority, whichever is more
stringent. Any facilities necessary for compliance
shall be provided, operated, and maintained at the
users expense. Detailed plans describing such
facilities and operating procedures shall be
submitted to the control authority for review, and
shall be acceptable by the control authority before
such facilities are constructed. The review of such
plans and operating procedures shall in no way
relieve the user from the responsibility of
modifying such facilities as necessary to produce
a discharge acceptable to the control authority
under the provisions of this article.
(B) Additional pretreatment measures
(1) Whenever deemed necessary, the control
authority may require users to restrict their
discharge during peak flow periods, designate
that certain wastewater be discharged only
-into specific sewers, relocated and/or
consolidate points of discharge, separate
sewage wastestreams from industrial
wastestreams, and such other conditions as
may be necessary to protect the POTW and
determine the users compliance with the
requirements of this article.
(2) The control authority may require any person
discharging into the POTW to install and
maintain, on their property and at their
expense, a suitable storage and flow -control
facility to ensure equalization of flow. A
(3) Grease, oil, and sand interceptors shall be
provided when, in the opinion of the control
authority, they are necessary for the proper
handling of wastewater containing excessive
amounts of grease and oil, or sand; except
that such interceptors shall not be required
for residential users. All interception units
shall be of type and capacity approved by
the control authority and shall be so located
to be easily accessible for cleaning and
inspection. Such interceptors shall be
inspected, cleaned, and repaired regularly,
as needed, by the user at the user's
expense.
(4) Users with the potential to discharge
flammable substances may be required to
install and maintain an approved
combustible gas detection meter.
(C) Accidental discharge/slug control plans. At least
once every two years the control authority shall
evaluate whether each significant industrial user
needs an accidental dischargetslug control plan.
The control authority may require any user to
develop, submit for approval, and implement
such a plan. An accidental dischargetslug control
plan shall address, at a minimum, the following:
(1) Description of discharge practices, including
nonrouline batch discharges;
CD51:14
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the
control authority of any accidental or slug
discharge, as required by §51.079(F) of this
article. Such notification must also be given
for any discharge -which would violate any of
the prohibited discharges in §51.075(B) of
this article; and
(4) Procedures to prevent adverse impact from
any accidental or slug discharge. Such
procedures include, but are not limited to,
inspection and maintenance of storage
areas, handling and transfer of materials,
loading and unloading operations, control of
plant site runoff, worker training, building of
containment structures or equipment,
measures for containing toxic organic
pollutants (including solvents), and/or
measures and equipment for emergency
response.
(D) Hauled wastewater.
•
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TITLE V PUBLIC WORKS
wastewater. The control authority is authorized
(1) Septic tank waste haulers are required to to prepare a form for this purpose and may
submit an application to discharge liquid periodically require users to submit or update the
wastes. This application must be information.
accompanied by a fee of $100.00. Septic
tank waste may be introduced into the POTW (B) Wastewater discharge permit requirement.
only at locations approved by the control
authority and at such times as are established (1) No significant industrial user shall discharge
by the control authority. Such wastes shall wastewater into the POTW without first
not violate §51.075 of this article or any other obtaining a wastewater discharge permit
requirements established by the control from the control authority, except a
authority. A fee of $50-00 for each septic significant industrial user that has filed a
waste load must be paid. The control timely application pursuant to §51.077(C) of
authority may require the septic tank waste this article may continue to discharge for the
haulers to obtain wastewater discharge time period specified therein.
permits.
(2) The control authority may require other users
(2) The control authority shall require haulers of to obtain wastewater discharge permits as
industrial waste to obtain wastewater necessary to carry out the purposes of this
discharge permits. The control authority may article.
require generators of hauled industrial waste
to obtain wastewater discharge permits. The (3) Any violation of the terms and conditions of a
control authority also may prohibit the wastewater discharge permit shall be
disposal of hauled industrial waste. The deemed a violation of this article and
discharge of hauled industrial waste is subject subjects the wastewater discharge permittee
to all other requirements of this article. to the sanctions set out in §51.082 through
• -� §51.084 of this article. Obtaining a
(3) Septic tank waste haulers and industrial wastewater discharge permit does not
waste haulers may only discharge loads at relieve a permittee of its obligation to comply
locations designated by the control authority. with all federal and state pretreatment
No load may be discharged without prior standards or requirements or with any other
consent of the control authority. The control requirements of federal, state, and local law.
authority may collect samples of each hauled
load to ensure compliance with applicable (C) Wastewater discharge permitting, existing
standards. The control authority may require connections. Any non -permitted user required to
the hauler to provide a waste analysis of any obtain a wastewater discharge permit, who was
load prior to discharge. discharging wastewater into the POTW prior to
the effective date of this article and who wishes
(4) Septic tank waste and industrial waste to continue such discharges in the future, shall,
haulers must provide a waste -tracking form within 90 days after said date, apply to the control
for every load. This form shall include, at a authority for a wastewater discharge permit In
minimum, the name and address of the waste accordance with §51.077(E) of this article, and
hauler, permit number, truck identification, shall not cause or allow discharges to the POTW
names and addresses of sources of waste, to continue after 180 days of the effective date of
and volume and characteristics of waste. For this article except in accordance with a
industrial waste, the form shall identify the wastewater discharge permit issued by the
type of industry, known or suspected waste control authority.
constituents, and whether any wastes are
RCRA hazardous wastes. (D) Wastewater discharge permitting: new
connections. Any user required to obtain a
(Ord. No. 3965. §§2, 3 (Exh. A), 5-7-96; Code 1991. §51.076) wastewater discharge permit that proposes to
begin or recommence discharging into the POTW
51.077 Wastewater Discharge Permit must obtain such permit prior to the beginning or
Application recommending of such discharge. An application
for this wastewater discharge permit, in
(A) Wastewater analysis. When requested by the accordance with §51.077(E) of this article, must
control authority, a user must submit information be filed at least 90 days prior to the date upon
• on the nature and characteristics of the user's which any discharge will begin or recommence.
CD51:15
•
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TITLE V PUBLIC WORKS
and complete. I am aware there are significant
(E) Wastewater discharge permit application contents. penalties for submitted false information,
All users required to obtain a wastewater including the possibility of fine and imprisonment
discharge permit must submit a permit application for knowing violations."
accompanied by a fee of $500.00. The control
authority may require a user to submit as part of
an application the following information:
(1) The information required by §51.079(AH2) of
this article;
(2) Description of activities, facilities, and plant
processes on the premises, including a list of
all raw materials and chemicals used or
stored at the facility which are, or could
accidentally or intentionally be, discharged to
the POTW;
(3) Number of employees, hours of operation,
and proposed or actual hours of operation;
(4) Each product produced by type, amount,
process or processes, and rate of production;
(5) Type and amount of raw materials processed
(average and maximum per day);
(6) Site plans, floor plans, mechanical and
plumbing plans, and details to show all
sewers, floor drains, chemical storage areas,
and appurtenances by size, location, and
elevation, and all points of discharge;
(7) Time and duration of discharges; and
(8) Any other information as may be deemed
necessary by the control authority to evaluate
the wastewater discharge permit application.
Incomplete or inaccurate applications will not
be processed and will be returned to the user for
revision.
(F) Application signatories and certification. All
wastewater discharge permit applications and user
reports must be signed by an authorized signatory
of the user and contain the following certification
statement:
"I certify under penalty of law that this document
and all attachments were prepared under my
direction or supervision in accordance with a
system designed to assure that qualified
personnel property gather and evaluate the
information submitted. Based on my inquiry of the
person or persons who manage the system, or
those persons directly responsible for gathering
the information, the information submitted is, to the
best of my knowledge and belief, true, accurate,
(G) Wastewater discharge permit decisions. The
control authority will evaluate the data furnished
by the user and may require additional
information. Within 90 days of receipt of a
complete wastewater discharge permit
application, the control authority will determine
whether or not to issue a wastewater discharge
permit. The control authority may deny any
application for a wastewater discharge permit.
(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Code 1991.
§51.077)
51.078 Wastewater Discharge Permit
Issuance Process
(A) Wastewater discharge permit duration.
Wastewater discharge permits shall be issued for
a specified time period, not to exceed five years
from the effective date of the permit. A
wastewater discharge permit may be issued for a
period less than five years, at the discretion of
the control authority. Each wastewater discharge
permit will indicate a specific date upon which it
will expire.
(B) Wastewater discharge permit contents.
Wastewater discharge permits shall include such
conditions as are deemed reasonably necessary
by the control authority to prevent pass through
or interference, protect the quality of the water
body receiving the treatment plants effluent,
protect worker health and safety, protect the
public, facilitate sludge management and
disposal, and protect against damage to the
POTW.
(1) Wastewater discharge permits must contain:
(a) A statement that indicates wastewater
discharge permit duration, which in no
event shall exceed five years;
(b) A statement that the wastewater
discharge permit is nontransferable
except in accordance with §51.078 (E).
(c). Effluent limits based on applicable
pretreatment standards;
(d) Self -monitoring, sampling, reporting,
notification, and record -keeping
requirements. These requirements shall
include an identification of pollutants to
CD51:16
11
DRAFT
1 TITLE V PUBLIC WORKS
i
be monitored, sampling location, by the control authority to ensure
sampling frequency, and sample type compliance with this article, and federal
based on federal, state, and local law; and state laws, rules, and regulations.
and
(C) Wastewater discharge permit appeals. A
(e) A statement of applicable civil and permittee may petition the control authority to
criminal penalties for violation of reconsider the terms of a wastewater discharge
pretreatment standards and permit within 30 days of notice of issuance of the
requirements, and any applicable discharge permit
compliance schedule. Such schedule
may not extend the time for compliance (1) Failure to submit a timely petition for review
beyond that required by applicable shall be deemed to be a waiver of the
federal, state, or local law. administrative appeal.
(2) Wastewater discharge permits may contain, (2) In its petition, the appealing party must
but need not be limited to, the following indicate the wastewater discharge permit
conditions: - provisions objected to, the reasons for this
objection, and the alterative condition, if any,
(a) Limits on the average and/or maximum it seeks to place in the wastewater discharge
rate of discharge, time of discharge, permit.
and/or requirements for flow regulation
and equalization; (3) The effectiveness of the wastewater
discharge permit shall not be stayed pending
(b) Requirements for the installation and the appeal.
maintenance of pretreatment technology,
pollution control, or construction of (4) If the control authority fails to act within 30
• appropriate containment devices, days of receipt of the request, the request for
designed to reduce, eliminate, or prevent reconsideration shall be deemed to be
the introduction of pollutants into the denied. Decisions not to reconsider a
treatment works; wastewater discharge permit, not to issue a
wastewater discharge permit, or not to
(c) Requirements for the development and modify a wastewater discharge permit, shall
implementation of accidental be considered final administrative actions for
discharge/slug control plans or other purposes of judicial review.
special conditions including management
practices necessary to adequately (D) Wastewater discharge permit modification. The
Prevent accidental, unanticipated, or control authority may. modify the wastewater
nonroutine discharges; discharge permit for good cause including, but
(d) Development and implementation of not limited to, the following reasons:
waste minimization plans to reduce the (1) To incorporate any new or revised federal,
amount of pollutants discharged to the slate, or local pretreatment standards or
POTW; requirements;
(e) Requirements for installation and (2) To address significant alterations or
maintenance of inspection and sampling additions to the user's operation, processes,
facilities and equipment; or wastewater volume or character since the
time of wastewater discharge permit
(f) A statement that compliance with the issuance;
wastewater discharge permit does not
relieve the permittee of responsibility for (3) A change in the POTW that requires either a
compliance with all applicable federal and temporary or permanent reduction or
slate pretreatment standards, including elimination of the authorized discharge;
those which become effective during the
term of the wastewater discharge permit; (4) Information indicating the permitted
and discharge poses a threat to the POTW,
POTW personnel, or the. receiving waters;
(g) Other conditions as deemed appropriate
• CD51:17
IDRAFIT
AD
TITLE V PUBLIC WORKS
(5) Violation of any terms or conditions of the (6) Refusing to allow the control authority timely —
wastewater discharge permit; access to the facility premises and records;
(6) Misrepresentations or failure to fully disclose (7) Failure to meet effluent limitations;
all relevant facts in the wastewater discharge
permit application or in any required reporting;
(8) Failure to pay fines;
(7) Revision of or a grant of variance from -
categorical pretreatment standards pursuant (9) Failure to pay sewer charges;
to 40 C.F.R. pt. 403.13;
(8) To correct typographical or other errors in the (10) Failure to meet compliance schedules;
wastewater discharge permit. (11) Failure to complete a wastewater survey or
(E) Wastewater discharge permit transfer. the wastewater discharge permit application;
Wastewater discharge permits may be transferred or
to a new owner or operator if the permittee gives
at least seven days' advance notice to the control (12) Violation of any pretreatment standard or
authority and the control authority approves the requirement, or any terms of the wastewater
wastewater discharge permit transfer. The notice discharge permit or this article.
to the control authority must include a written
certification by the new owner or operator which: Wastewater discharge permits shall be
voidable upon cessation of operations. All
(1) States that the new owner and/or operator wastewater discharge permits issued to a
has no immediate intent to change the particular user are void upon the issuance of a
facility's operations and processes; new wastewater discharge permit to that user.
(2) Identifies the specific date on which the (G) Wastewater discharge permit re -Issuance. A
transfer is to occur; and user with an expiring wastewater discharge •
permit shall apply for wastewater discharge
(3) Acknowledges full responsibility for complying permit re -issuance by submitting a complete
with the existing wastewater discharge permit. permit application, in accordance with §51.077(E)
of this article, a minimum of 90 days prior to the
Failure to provide notice of a transfer renders expiration of the user's existing wastewater
the wastewater discharge permit void as of the discharge permit.
date of facility transfer.
(H) Regulation of waste received from other
(F) Wastewater discharge permit revocation. The jurisdictions.
control authority may revoke a wastewater
discharge permit for good cause, including, but not (1) If another jurisdiction, or user located within
limited to, the following reasons: another jurisdiction, contributes wastewater
to the POTW, the control authority shall
(1) Failure to notify the control authority of - enter into an interjurisdictional agreement
significant changes to the wastewater prior to with the contributing jurisdiction; enter into
the changed discharge; an agreement with, or permit, users located
in another jurisdiction; or both. Certain
(2) Failure to provide prior notification to the hauled wastewater may be exempted from
control authority of changed conditions the requirements of this paragraph with
pursuant to §51.079(E) of this article; specific authorization by the control
authority.
(3) Misrepresentation or failure to fully disclose all
relevant facts in the wastewater discharge (2) An interjurisdictional agreement, as required
permit application; by paragraph (1), above, shall contain the
following conditions:
(4) Falsifying self -monitoring or other reports;
(a) A requirement for the contributing
(5) Tampering with monitoring equipment; jurisdiction to adopt a sewer use
ordinance which is at least as stringent -
as this article and local limits which are Ji
CD51:18
•
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TITLE V PUBLIC WORKS
at least as stringent as those set out in become categorical users subsequent to the
§51.075(D) of this article. The promulgation of an applicable categorical
requirement shall specify that such standard, shall be required to submit to the
ordinance and limits must be revised as control authority a report which contains the
necessary to reflect changes made to the information listed in paragraph (2), below. A
city's ordinance and/or local limits; new source shall report the method of
pretreatment it intends to use to meet
(b) A requirement for the contributing applicable categorical standards. A new
jurisdiction to submit a revised user source also shall give estimates of its
inventory on at least an annual basis; anticipated flow and quantity of pollutants to
(c) A provision specifying which pretreatment be discharged.
implementation activities, including (2) Users described above shall submit the
wastewater discharge permit issuance, information set forth below.
inspection and sampling, and
enforcement, will be conducted by the (a) Identifying information. The name and
contributing jurisdiction; which of these address of the facility, including the
activities will be conducted by the control name of the operator and owner.
authority; and which of these activities
will be conducted jointly by the (b) Environmental permits. A list of any
contributing jurisdiction and the control environmental control permits held by or
authority; for the facility.
(d) A requirement for the contributing (c) Description of operations. A brief
jurisdiction to provide the control authority description of the nature, average rate
with access to all information the of. production, and standard industrial
• ._� contributing jurisdiction obtains as part of classifications of the operation(s) carried
its pretreatment activities; out by such user. This description
should include a schematic process
(a) A provision insuring the control authority diagram which indicates points of
access to the facilities of users located discharge to the POTW from the
within the contributing jurisdiction's regulated processes.
boundaries for the purpose of inspection,
sampling, and any other duties deemed (d) Flow measurement. Information
necessary by the control authority; and showing the measured average daily
and maximum daily flow, in gallons per
(f) A provision specifying remedies available day, to the POTW from regulated
for breach of the terms of the process streams and other streams, as
interjurisdictional agreement. necessary, to allow use of the combined
wastestream formula set out in 40
(Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96; Ord. No. 4088, C.F.R. pt. 403:6(e).
§§4, 5, 4-7-98; Code 1991, §51.078)_
(e) Measurement of pollutants.
51.079 Reporting Requirements (I) The categorical
g pretreatment
(A) Baseline monitoring reports. standards applicable to each
regulated process.
(1) Within either 180 days after the effective date (ii) The results of sampling and
of a categorical pretreatment standard, or the analysis identifying the nature and
final administrative decision on a category ration (and/or mass, where
determination under 40 C.F.R. pt. 403.6(a)(4), required concentration
by the standard or by the
whichever is later, existing categorical users control authority) of regulated
currently discharging to or scheduled to pollutants the discharge from
discharge to the POTW sha0 submit to the each regulated process.
control authority a report which contains the Instantaneous, daily maximum, and
information listed in paragraph (B), below. At long term average concentrations lo
least 90 days prior to commencement of their to mass, where required, shall be
• discharge, new sources, and sources that or
CD51:19
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TITLE V PUBLIC WORKS .1
reported. The sample shall be
representative of daily operations (3) The user shall submit a progress report to
and shall be analyzed in accordance the control authority not later than 14 days
with procedures set out in §51.079(J) following each date in the schedule and the
of this article. final date of compliance including, as a
minimum, whether or not it complied with the
(iii) Sampling must be performed in increment of progress, the reason for any
accordance with procedures set out delay, and, if appropriate, the steps being in §51 M%K) of this article. taken by the user to return to the established
schedule; and
(f) Certification. A statement, reviewed by
the users authorized signatory and (4) In no event shall more than nine months
certified by a qualified professional, elapse between such progress reports to the
indicating whether pretreatment control authority.
standards are being met on a consistent -
basis, and, if not, whether additional (C) Report on compliance with categorical
operation and maintenance (O&M) and/or pretreatment standard deadline. Within 90 days
additional pretreatment, is required to following the date for final compliance with
meet the pretreatment standards and applicable categorical pretreatment standards, or
requirements. in the case of a new source following
commencement of the introduction of wastewater
(g) Compliance schedule. If additional into the POTW, any user subject to such
pretreatment and/or O&M will be required pretreatment standards and requirements shall
to meet the pretreatment standards, the submit to the control authority a report containing
shortest schedule by which the user will the information described in §51.079(A)(2)(d)
provide such additional pretreatment through (f) of this article.- For users subject to
and/or O&M. The completion dale in this - equivalent mass or concentration limits
schedule shall not be later than the established in accordance with the procedures in •
compliance date established for the 40 C.F.R. pt. 403.6(c), this report shall contain a
applicable pretreatment standard. A reasonable measure of the user's long-term
compliance schedule pursuant to this production rate. For all other users subject to
section must meet the requirements set categorical pretreatment standards expressed in
out in §51.079(B) of this article. terms of allowable pollutant discharge per unit of
production (or other measure of operation), this
(h) Signature and certification. All baseline report shall include the user's actual production
monitoring reports must be signed and during the appropriate sampling period. All
certified in accordance with §51.077(F) of compliance reports must be signed and certified
this article. in accordance with §51.077(F) of this article.
(B) Compliance schedule progress report. The (D) Periodic compliance reports.
following conditions shall apply to the compliance
schedule required by §511.079(A)(2)(g) of this (1) All significant industrial users shall, at a -
article: frequencydetermined by the control
authority but in no case less than every six
(1) The schedule shall contain progress months, submit a report indicating the nature
increments - in the form of dates for the and concentration of pollutants in the
commencement and completion of major discharge which are limited by pretreatment
events leading to the construction and standards and the measured or estimated
operation of additional pretreatment required average and maximum daily flows for the
for the user to meet the applicable reporting period. All periodic compliance
pretreatment standards (such events include, reports must be signed and certified in -
but are not limited to, hiring an engineer, accordance with §51.077(F) of this article.
completing preliminary - and final plans,
executing contracts for major components, (2) All wastewater samples must be
commencing and completing construction, representative of the user's discharge.
beginning and conducting routine operation); Wastewater monitoring and flow
measurement facilities shall be properly
(2) No increment referred to above shall exceed operated, kept clean, and maintained in
nine months; good working order at all times. The failure
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of a user to keep its monitoring facility in good
working order shall not be grounds for the
user to claim that sample results are
unrepresentative of its discharge.
(3) If a user subject to the reporting requirement
in this section monitors any pollutant more
frequently than required by the control
authority, using the procedures prescribed in
§51.079(J) and §51.079(K) of this article, the
results of this monitoring shall be included in
the report.
(E) Report of changed conditions. Each user must
notify the control authority of any planned
significant changes to the user's operations or
system which might alter the nature, quality or
volume of its wastewater at least 30 days before
the change.
discharge and the measures to be taken by
the user to prevent similar future
occurrences. Such notification shall not
relieve the user of any expense, loss,
damage, or other liability which may be
incurred as a result of damage to the POTW,
natural resources, or any other damage to
person or property; nor shall such notification
relieve the user of any fines, civil penalties,
or other liability which may be imposed
pursuant to this article.
(3) A notice shall be permanently posted on the
users bulletin board or other prominent
place advising employees whom to call in
the event of a discharge described in
paragraph (A), above. Employers shall
ensure that all employees are advised of the
emergency notification procedure.
(1)
The control authority may require the user to
(G) Reports from unpermitted users. All users not
"
submit such information as may be deemed
required to obtain a wastewater discharge permit
necessary to evaluate the changed condition,
shall provide appropriate reports as may be
including the submission of a wastewater
required by the control authority.
discharge permit application under §51.077(E)
of this article.
(H) Notification of violatior✓repeat sampling and
reporting. If sampling performed by a user
(2)
The control authority may issue a wastewater
indicates a violation, the user must notify the
discharge permit under §51.077(G) of this
control authority as soon as possible but no later
article or modify an existing wastewater
than 24 hours after becoming aware of the
discharge permit under §51.078(D) of this
violation. The user shall also immediately repeat
article in response to changed conditions or
the sampling and analysis and submit the results
anticipated changed conditions,
of the repeat analysis to the control authority
within the time period specified by the control
(3)
For purposes of this requirement, significant
authority but at no time later than 30 days after
changes include, but are not limited to, flow
becoming aware of the violation. The user may
changes of20% or greater, and the discharge
not be required to resample if the control
of any previously unreported pollutants.
authority samples between the user's initial
(F) Reports of potential problems.
sampling and when the user receives the results
of this sampling.
(1)
In the case of any discharge, including, but
not limited to, accidental discharges,
(1) Notification of the discharge of hazardous waste.
discharges of a nonroutine, episodic nature, a
"
noncustomary batch discharge, or a slug load,
- (1) Any person who commences the discharge
that may cause potential problems for the
of hazardous waste shall notify the control
POTW (including a violation of the prohibited
authority, the EPA Regional. Waste
discharge standards in §51.075(B) of this
Management Division Director, and state
article), the user shall immediately telephone
hazardous waste authorities (in writing) any
and notify the control authority of the incident.
discharge into the POTW of a substance
This notification shall include the location of
which, if otherwise disposed of, would be a
the discharge, type of waste, concentration
hazardous waste under 40 C.F.R. pt. 261.
and volume, if known, and corrective actions
Such notification must include the name of
taken by the user.
the hazardous waste as set forth in 40
(2)
Within five business days following such
C.F.R. pt. 261, the EPA hazardous waste
number, and the type of discharge
discharge, the user shall, unless waived by
(continuous, batch, or other). If the user
the control authority, subject a detailed written
discharges more than 100 kilograms of such
report describing the cause(s) of the
waste per calendar month to the POTW, the
CD51:21
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TITLE V PUBLIC WORKS
notification shall also contain the following
information to the extent such information is
known and readily available to the user. An
identification of the hazardous constituents
contained in the wastes, an estimation of the
mass and concentration of such constituents
in the wastestream discharged during that
calendar month, and an estimation of the (2)
mass of constituents in the wastestream
expected to be discharged during the
following 12 months. All notifications to the
control authority must be made prior to the
where the user demonstrates that this will
provide a representative sample of the
effluent being discharged. In addition, grab
samples may be required to show
compliance with instantaneous discharge
limits.
Samples for oil and grease, temperature, pH,
cyanide, phenols, sulfides, and volatile
organic chemicals must be obtained using
grab collection techniques.
commencement of the discharge. (L) Timing. Written reports will be deemed to have
(2) In the case of any new regulations under
§3001 of RCRA identifying additional
characteristics of hazardous waste or listing
any additional substance as a hazardous
waste, the user must notify the control
authority, the EPA Regional Waste
Management Waste Division Director, and
state hazardous waste authorities of the
discharge of such substance within 90 days of
the effective date of such regulations.
(3) In the case of any notification made under this
section, the user shall certify that it has a
program in place to reduce the volume and
toxicity of hazardous wastes generated to the
degree it has determined to be economically
practical.
(4) This reporting provision does not create a
right to discharge any substance not
otherwise permitted to be discharged by this
article, a permit issued thereunder, or any
applicable federal or state law.
(J) Analytical requirements. All pollutant analyses,
including sampling techniques, to be submitted as
part of a wastewater discharge permit application
or report shall be performed in accordance with
the techniques prescribed in 40-C.F.R. pt. 136,
unless otherwise specified in an applicable
categorical pretreatment standard. If 40 C.F.R. pt.
136 does not contain sampling or analytical
techniques for the pollutant in question, sampling
and analyses must be performed in accordance
with procedures approved by the EPA.
(K) Sample collection.
(1) Except as indicated in subsection (2), below,
the user must collect wastewater samples
using flow proportional composite collection
techniques. In the event flow proportional
sampling is infeasible, the control authority
may authorize the use of time proportional
sampling or a minimum of four grab samples
been submitted on the date post -marked. For
reports which are not mailed, postage prepaid,
into a mail facility serviced by the United States
Postal Service, the date of receipt of the report
shall govem.
(M) Record keeping. Users subject to the reporting
requirements of this article shall retain, and make
available for inspection and copying, all records
of information obtained pursuant to any
monitoring activities required by this article and
any additional records of information obtained
pursuant to monitoring activities undertaken by
the user independent of such requirements.
Records shall include the date, exact place,
method, and time of sampling and the name of
the person(s) taking the samples; the dates
analyses were performed; who performed the
analyses; the analytical techniques or methods
used; and the results of such analyses. These
records shall remain available for a period of at
least three years. This period shall be
automatically extended for the duration of any
litigation concerning the user or the control
authority, or where the user has been specifically
notified of a longer retention period by the U.S.
EPA, state, or control authority.
(Code 1991, §51.079; Ord. No. 3965. §§2, 3 (Exh. A), 5-7-
96; Ord. No. 4088, §6, 4-7-98)
51.080 Compliance Monitoring
(A) Right of entry,' inspection and sampling. The
control authority shall have the right to enter the
premises of any user to determine whether the
user is complying with all requirements of this
article and any wastewater discharge permit or
order issued hereunder. Users shall allow the
control authority ready access to allpartsof the
premises for the purposes of inspection,
sampling, records examination and copying, and
the performance of any additional duties.
(1) Where a user has security measures in force
which require proper identification and
CD51:22
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TITLE V PUBLIC WORKS
clearance before entry into its premises, the
user shall make necessary arrangements with
its security guards so that, upon presentation
of suitable identification, the control authority
will be permitted to enter without delay for the
purposes of performing specific
responsibilities.
(2) The control authority shall have the right to
set up on the user's property, or require
installation of, such devices as are necessary
to conduct sampling arid/or metering of the
users operations-
(3) The control authority may require the user to
install monitoring equipment as necessary.
The facility's sampling and monitoring
equipment shall be maintained at all times in
a safe and proper operating condition by the
user at its own expense. All devices used to
measure wastewater Flow and quality shall be
calibrated at least annually by a certified
technician to ensure their accuracy.
Calibration records shall be made available to
the control authority upon request.
(4) Any temporary or permanent obstruction to
safe and easy access to the facility to be
inspected and/or sampled shall be promptly
removed by the user at the written or verbal
request of the control authority and shall not
be replaced. The costs of clearing such
access shall be bome by the user.
(5) Unreasonable delays in allowing the control
authority access to the users premises shall
be a violation of this article.
(8) Search warrants. If the control authority has been
refused access to a building, structure or property,
or any part thereof, and is able to demonstrate
probable cause to believe that there may be a
violation of this article, or that there is a need to
inspect and/or sample as part of a routine
inspection and sampling program of the control
authority designed to verily compliance with this
article or any permit or order issued hereunder, or
to protect the overall public health, safety and
welfare of the community, then the control
authority may seek issuance of a search warrant
from the city district court
(Code 1991. §51.080)
51.081 Confidential Information
Information and data on user obtained from reports,
surveys, wastewater discharge permit applications,
wastewater discharge permits, and monitoring
CD51:23
programs, and from the control authority's inspection
and sampling activities, shall be available to the public
without restriction, unless the user specifically
requests, and is able to demonstrate to the
satisfaction of the control authority, that the release of
such information would divulge information,
processes or methods of production entitled to
protection as trade secrets under applicable state law.
Any such request must be asserted at the time of
submission of the information or data. When
requested and demonstrated by the user furnishing a
report that such information should be held
confidential, the portions of a report which might
disclose trade secrets or secret processes shall not
be made available for inspection by the public, but
shall be made available immediately upon request to
governmental agencies for uses related to the
NPDES program or pretreatment program, and in
enforcement proceedings involving the person
furnishing the report. Wastewater constituents and
characteristics and other "effluent data" as defined by
40 C.F.R. pt 2.302 will not be recognized as
confidential information and will be available to the
public without restriction.
(Cade 1991, §51.081)
51.082 Publication Of Users In
Significant Noncompliance
The control authority shall publish annually, in the
largest daily newspaper published in the municipality
where the POTW is located, a list of the users which,
during the previous 12 months, were in significant
noncompliance with applicable pretreatment
standards and requirements. The term significant
noncompliance shall mean:
(A) Chronic violations of wastewater discharge limits,
defined here as those in which 66% or more of
wastewater measurements taken during a six-
month period exceed the daily maximum limit or
average limit for the same pollutant parameter by
any amount;
(B) Technical review criteria (TRC) violations,
defined here as those in which 33% or more of
wastewater measurements taken for each
pollutant parameter during a six-month period
equals or exceeds the product of the daily
maximum limit or the average limit multiplied by
the applicable criteria: 1.4 for BOD, TSS, fats,
oils and grease, and 1.2 for all other pollutants
except pH;
(C) Any other violation of a pretreatment effluent limit
(daily maximum or longer -term average) that the
control authority determines has caused, alone or
in combination with other discharges,
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TITLE V PUBLIC WORKS
interference or pass through . including establishing an agreement with any user
endangering the health of city or POTW personnel responsible for noncompliance. Such documents
or the general public; will include specific action to be taken by the user
to correct the noncompliance within a time period
(D) Any discharge of pollutants that has caused specified by the document. Such documents
imminent endangerment to the public or to the shall have the same force and effect as the
environment, or has resulted in the control administrative orders issued pursuant to
authority's exercise of its emergency authority to §51.083(D) and §51.083(E) of this article and
halt or prevent such a discharge; shall be judicially enforceable.
(E) Failure to meet within 90 days of the scheduled (C)
date, a compliance schedule milestone contained
in a wastewater discharge permit or enforcement
order for starting construction, completing
construction, or attaining final compliance;
(F) Failure to provide within 30 days after the due
date, any required reports, including baseline
monitoring reports, reports on compliance with
categorical pretreatment standard deadlines,
periodic self -monitoring reports, and reports on
compliance with compliance schedules;
(G) Failure to accurately report noncompliance; or
(H) Any other violation(s) which the control authority
determines will adversely affect the operation or
implementation of the local pretreatment program.
(Code 1991, §51.082; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96;
Ord. No. 4088, §8, 4-7-98)
51.083 Administrative Enforcement
Remedies
(A) Notice of violation. When the control authority
finds that a user has violated (or continues to
violate) any provision of this article, a wastewater
discharge permit or order issued hereunder, or
any other pretreatment standard or requirement,
the control authority shall serve upon such user
either an informal warning or a written notice of
violation. Within five business days of the receipt
of the notice of violation, an explanation of the
violation and a plan for the satisfactory correction
and prevention thereof, to include specific required
actions, shall be submitted by the user to the
control authority. Submission of this plan in no
way relieves the user of liability for any violations
occurring before or after receipt of the notice of
violation. Nothing in this section shall limit the
authority of the control authority to take any action,
including emergency actions or any other
enforcement action, without first issuing an
informal warning or a notice of violation.
(B) Consent orders. The control authority may enter
into consent orders, assurances of voluntary
compliance, or other similar documents
Show cause hearing. The control authority may
order a user which has violated or continues to
violate, any provision of this article, a wastewater
discharge permit or order issued hereunder, or
any other pretreatment standard or requirement,
to appear before the control authority and show
cause why the proposed enforcement action
should not be taken. Notice shall be served on
the user specifying the time and place for the
meeting, the proposed enforcement action, the
reasons for such action, and a request that the
user show cause why the proposed enforcement
action should not be taken. The notice of the
meeting shall be served personally or by
registered or certified mail (return receipt
requested) at least five business days prior to the
hearing. Such notice shall be served on a
representative of the user who meets the criteria
of an authorized signatory. A show cause
hearing shall not be a bar against, or prerequisite
for, taking any other action against the user.
(D) Compliance orders. When the control authority
finds that a user has violated or continues to
violate any provision of this article, a wastewater
discharge permit or order issued hereunder, or
any other pretreatment standard or requirement,
the control authority may issue an order to the
user responsible for the discharge directing that
the user come into compliance within a specified
time. If the user does not come into compliance
within the time provided, sewer service may be
discontinued unless adequate treatment facilities,
devices, or other related appurtenances are
installed and properly operated. Compliance
ordinances may also contain other requirements
to address the noncompliance, including
additional self -monitoring, and management
practices designed to minimize the amount of
pollutants discharged to the sewer. A
compliance order may not extend the deadline for
compliance established for a national
pretreatment standard or requirement, nor does a
compliance order relieve the user of liability for
any violation, including any continuing violation.
Issuance of a compliance order shall not be a bar
against, or a prerequisite for, taking any other
action against the user.
CD51:24
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TITLE V PUBLIC WORKS
(E) Cease and desist orders. When the control its contribution. In the event of a users
authority finds that a user has violated (or failure to immediately comply voluntarily with
continues to violate) any provision of this article, a the suspension order, the control authority
wastewater discharge permit or order issued shall take such steps as deemed necessary,
hereunder, or any other pretreatment standard or including immediate severance of the sewer
requirement, or that the users past violations are connection or water service, to prevent or
likely to recur, the control authority may issue an minimize damage to the POTW, its receiving
order to the user directing it to cease and desist all stream, or endangerment to any individuals.
such violations and directing the user to: The control authority may allow the user to
recommence its discharge when the user
(1) Immediately comply with all requirements; has demonstrated to the satisfaction of the
and control authority that the period of
endangerment has passed, unless the
(2) Take such appropriate remedial or preventive termination proceedings in §51.083(H) of this
action as may be needed to property address article are initiated against the user.
a continuing or threatened violation, including
halting operations andtor terminating the (2) If necessary, severance of the sewer
discharge. connection or water service may occur
without notice.
(3) Issuance of a cease and desist order shall not
be a bar against, or a prerequisite for, taking (3) A user that is responsible, in whole or in part,
any other action against the user. for any discharge presenting imminent
endangerment shall submit a detailed written
(F) Administrative fines. statement, describing the causes of the
harmful contribution and the measures taken
(1) When the control authority finds that a user to prevent any future occurrence, to the
• has violated or continues to violate any control authority within five business days.
provision of this article, a wastewater
discharge permit or order issued hereunder, Nothing in this section shall be interpreted as
or any other pretreatment standard or requiring a hearing prior to any emergency
requirement, the control authority may fine suspension under this section. .
such user in an amount not to exceed
$1,000.00. Such fines shall be assessed on a (H) Termination of discharge. Any user that violates
per violation, per day basis. The control the conditions in §51.078(F) of this article is
authority may add the costs of preparing subject to discharge termination. Such user will
administrative enforcement actions, such as be notified of the proposed termination of 8s
notices and orders, to the fine. discharge and be offered an opportunity to show
cause under §51.083(C) of this article why the
(2) Issuance of an administrative fine shall not be proposed action should not be taken. Exercise of
a bar against, or a prerequisite for, taking any this option by the control authority shall not be a
other action against the user. bar to, or a prerequisite for, taking any other
(G) Emergency suspensions. The control authority action against the user.
may immediately suspend a users discharge, after (Code 1991, §51.083; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-
informal notice to the user, whenever such 96)
suspension is necessary to stop an actual or
threatened discharge which reasonably appears to 51.084 Judicial Enforcement Remedies
Present or cause an imminent or substantial
endangerment to the health or welfare of persons. (A) Injunctive relief. When the control authority finds
The control authority may also immediately that a user has violated (or continues to violate)
suspend a users discharge, after notice and any provision of this article, a wastewater
opportunity to respond, that threatens to interfere discharge permit, or order issued hereunder, or
with the operation of the POTW, or which presents any other pretreatment standard or requirement,
or may present an endangerment to the the control authority may petition the appropriate
environment. court through the control authority's attorney for
the issuance of a temporary or permanent
(1) Any user notified of a suspension of its injunction, as appropriate, which restrains or
•I discharge shall immediately stop or eliminate compels. the specific performance of the
CD51:25
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TITLE V PUBLIC WORKS
wastewater discharge permit, order, or other Violations
requirement imposed by this article on activities of
the user. The control authority may also seek (A) Upset.
such other action as is appropriate for legal and/or
equitable relief, including a requirement for the (1) For the purposes of this section, "upset"
user to conduct environmental remediation. A means an exceptional incident in which there
petition for injunctive relief shall not be a bar is unintentional and temporary
against, or a prerequisite for, taking any other noncompliance with categorical pretreatment
action against a user. standards because of factors beyond the
(B) Civil penalties.
(1) A user which has violated or continues to
violate any provision of this article, a
wastewater discharge permit, or order issued
hereunder, or any other pretreatment
standard or requirement shall be liable to the
control authority for a maximum civil penalty
of $1,000.00 per violation, per day. In the
case of a monthly or other long term average
discharge limit, penalties shall accrue for each
day during the period of violation.
(2) In determining the amount of civil liability, the
court shall take into account all relevant
circumstances, including, but not limited to,
the extent of harm caused by the violation, the
magnitude and duration, any economic
benefit gained through the user's violation,
corrective actions by the user, the compliance
history of the user, and any other factor as
justice requires.
(3) Filing a suit for civil penalties shall not be a
bar against, or a prerequisite for, taking any
other action against a user-
(C) Cost recovery. The control authority may recover
reasonable attorney's fees, court costs, and other
expenses associated with enforcement activities,
including sampling and monitoring expenses, and
the cost of any actual damages or fines incurred
by the control authority.
(D) Remedies nonexclusive. The remedies provided
for in this article are not exclusive. The control
authority may take any, all, or any combination of
these actions against a noncompliant user.
Enforcement of pretreatment violations will
generally be in accordance with the control
authority's enforcement response plan. However,
the control authority may taken other action
against any user, including but not limiting to,
misdemeanor and felony fines and imprisonment
when the circumstances warrant.
(Code 1991, §51.084; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96)
51.085 Affirmative Defenses To Discharge
CD51:26
reasonable control of the user. An upset
does not include noncompliance to the
extent caused by operational error,
improperly designed treatment facilities,
inadequate treatment facilities, lack of
preventive maintenance, or careless or
improper operation.
(2) An upset shall constitute an affirmative
defense to an action brought for
noncompliance with categorical pretreatment
standards if the requirements of paragraph
(3) are met.
(3) A user who wishes to establish the
affirmative defense of upset shall
demonstrate, through properly signed,
contemporaneous operating logs, or other
relevant evidence that:
(a) an upset occurred and the user can
identify the cause(s) of the upset;
(b) the facility was at the time being
operated in a prudent and workman -like
manner and in compliance with
applicable operation and maintenance
procedures; and
(c) The user has submitted the following
information to the control authority as
soon as possible but no later than 24
hours after —becoming aware of the
upset. If this information is provided
orally, a written submission must be
provided within five business days:
(i) a description of the indirect
discharge and cause of
noncompliance;
(ii) the period of noncompliance,
including exact dates and times or,
if not corrected, the anticipated time
the noncompliance is expected to
continue;
(iii) steps being taken and/or planned to
reduce, eliminate, and prevent
recurrence of the noncompliance;
U
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TITLE V PUBLIC WORKS
and substantial physical damage to property,
damage to the treatment facilities which
(iv) in any enforcement proceeding, the causes them to become inoperable, or
user seeking to establish the substantial and permanent loss of
occurrence of an upset shall have natural resources which can reasonably
the burden of proof. be expected to occur in the absence of
a bypass. Severe property damage
(4) Users will have the opportunity for a judicial does not mean economic loss caused
determination on any claim of upset only in an by delays in production.
enforcement action brought for -
noncompliance with categorical pretreatment (2) A user may allow any bypass to occur which
standards. does not cause pretreatment standards or
requirements to be violated, but only if it also
(5) Users shall control production of all is for essential maintenance to assure
discharges to the extent necessary to efficient operation. These bypasses are not
maintain compliance with categorical subject to the provision of paragraphs (C)
pretreatment standards upon reduction, loss, and (D) of this section.
or failure of its treatment facility until the
facility is restored or an alternative method of (3) Notice.
treatment is provided. This requirement
applies in the situation where, among other (a) If a user knows in advance of the need
things, the primary source of power of the for a bypass, it shall submit prior notice
treatment facility is reduced, lost, or fails. to the control authority, at least ten
business days before the date of the
(B) Prohibited discharge standards. A user shall have bypass, if possible.
an affirmative defense to an enforcement action
• brought against it for noncompliance with the (b) A user shall submit oral notice to the
prohibitions in §51.075(B)(1) of this article or the control authority of an unanticipated
specific prohibitions in §51.075(B)(2)(c) through bypass that exceeds applicable
(r), except for §51.075(BX2xh), if it can prove that pretreatment standards as soon as
it did not know, or have reason to know, that its possible but no later than 24 hours from
discharge, alone or in conjunction with discharges the time it becomes aware of the
from other sources, would cause pass through or bypass. A written submission shall also
interference and that either. be provided within five business days of
the time the user becomes aware of the
(1) A local limit exists for each pollutant bypass. The written submission shall
dischargedand the user was in compliance contain a description of the bypass and
with each limit directly prior to, and during, the its cause; the duration of the bypass,
pass through or interference; or including exact dates and times, and, if
the bypass has not been corrected, the
(2) No local limit exists, but the discharge did not anticipated time it is expected to
change substantially in nature: or constituents continue; and steps taken or planned to
from the user's prior discharge when the reduce, eliminate, and prevent
control authority was regularly in compliance reoccurrence of the bypass. The control
with its NPDES permit, and in the case of authority may waive the written report
interference, was in compliance with on a case -by -case basis if the oral
applicable sludge use or disposal report has been received within 24
requirements. hours.
(C) Bypass. (4) Bypass Prohibited; Exceptions
(1) For the purposes of this section: (a) Bypass is prohibited, and the control
authority may take an enforcement
(a) "Bypass" means the intentional diversion action against a user for a bypass,
of wastestreams from any portion of a unless:
user's treatment facility.
(i) Bypass was unavoidable to prevent
(b) "Severe property damage" means loss of life, personal injury, or
• CD51:27
•.
DRAFT
TITLE V PUBLIC WORKS
severe property damage;
(ii) There were no feasible alternatives
to the bypass, such as the use of
auxiliary treatment facilities, retention
of untreated wastes, or maintenance
during normal periods of equipment
downtime. This condition is not
satisfied if adequate back-up
equipment should have been
installed in the exercise of
reasonable engineering judgment to
prevent a bypass which occurred
during normal periods of equipment
downtime or preventive
maintenance; and
(iii) The user submitted notices as
required under paragraph (3) of this
section.
(b) The control authority may approve an
anticipated bypass, after considering its
adverse effects, if the control authority
determines that it will meet the three
conditions listed in paragraph (4)(a) of
this section.
(Code 1991, §51.085; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-96;
Ord. No. 4088, §7, 4-7-98)
51.086 Miscellaneous Provisions
(A) Pretreatment charges and fees. The control
authority may adopt reasonable fees for
reimbursement of the costs of development and
administration of the control authority's
pretreatment program which may include:
(1) Fees for wastewater discharge permit
applications including the cost of processing
such applications;
(2) Fees for monitoring, inspection, and
surveillance procedures including the cost of
collection and analyzing a users discharge,
and reviewing monitoring reports submitted by
users;
(3) Fees for reviewing and responding to
accidental discharge procedures and
construction;
(4) Fees for filing appeals; and
(5) Other fees as the control authority may deem
necessary to carry out the requirements
contained herein. These fees relate solely to
the matters covered by this article and are
separate from all other fees, fines, and
penalties, chargeable by the control
authority.
(B) Severability. If any provision of this article is
invalidated by any court of competent jurisdiction,
the remaining provisions shall not be affected
and shall continue in full force and effect.
(C) Conflicts. All other ordinances and parts of other
ordinances inconsistent or conflicting with any
part of this article, are hereby repealed to the
extent of the inconsistency or conflict.
(Code 1991, §51.086; Ord. No. 3965, §§2, 3 (Exh. A), 5-7-
96)
51.087 Surcharge
(A) Any significant industrial user generating_
discharge which exhibits none of the
characteristics of wastes prohibited in §51.075
but which has an average concentration of total
suspended solids (TSS) or biochemical oxygen
demand (BOD) in excess of 300 mgfl during a
24-hour period, may be required to obtain a
discharge permit. Such discharge may, however,
be accepted by the POTW for treatment if.
(1) The user agrees to payment of a surcharge
over and above published sewer rates, as
provided herein; and
(2) The discharge is amendable to treatment
such that when it leaves the sewage
treatment plant to be discharged, the
discharge does not exceed or cause the total
discharge to exceed the standards set by
federal and state agencies having
jurisdiction.
(B) Prior to imposition of -a surcharge, the user shall
be notified in writing that the discharge exceeds
the maximum limits as established in this article.
(C) If, after 60 days have elapsed from the date of
notice, the quality of the waste has not been
brought within the maximum allowable limits, the
user must enter into a surcharge agreement with
the city.
(D) The surcharge will be adjusted on billings for the
month following submission of new data but not
less frequently than quarterly.
CD51:28
(E) Biochemical oxygen demand (BOD) and total
suspended solids (TSS) values will be
determined for standard values established by
the control authority for various industries having
•
•
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TITLE V PUBLIC WORKS
normal- pretreatment facilities for that industry.
The control authority shall sample the discharge
from a user to determine accurate values of BOD
and TSS being discharged for the purpose of
determining a surcharge. Analysis performed by a
user shall be under the direction of the control
authority and performed by an approved qualified
laboratory. Reports submitted to the control
authority shall contain a statement that the
samples collected and values determined are
based on a 24-hour composite representative of
the user's flow.
(F) All sampling and analyses of the waste
characteristics shall be performed in accordance
with 40 C.F.R. pt. 136 approved methods.
(G) The volume of flow used in computing surcharge
shall be based upon metered water consumption
as shown in the records of meter readings
maintained by the city's business office. .In the
event that a person discharging waste into the city
sanitary sewer system produces evidence to the
control authority demonstrating that a. portion of
the total amount of water used for all purposes is
not discharged into the POTW, a separate meter
or meters or other approved flow measuring
device may be installed at the user's expense,
upon his request, to measure only that portion of
the total flow being discharged into the city sewer
system. If a surcharge is assessed by the city, it
shall be shown separately on the monthly billing.
(H) Any person discharging industrial waste into the
sanitary sewers of the city who procures any part
or all of the user's water supply from sources other
than the city, all or part of which is discharged into
the sanitary sewer, shall install and maintain at the
user's expense water meters of the type approved
by the city for the purpose of determining the
proper volume of flow to be used in computing
,sewer service charges. Such meter will be read
monthly and tested for accuracy when deemed
necessary by the city. Where it can be shown that
a portion of the water measured by the aforesaid
meter or meters does not enter the sanitary sewer
system of the city, then the user may install
additional approved meters at users expense in
such a manner as to measure the quantity of
water actually entering the sanitary sewer system
from the premises of such user, and the quantity
of water used to determine the sewer service
charge and surcharge shall be the quantity of
water actually entering. the sewage system as so
determined.
(1) Computation of surcharge shall be based on the
following: _
CD51:29
V' 8.34' [X (BOD - 300) + Y (TSS
—300))
Where:
S = Surcharge in dollars for the billing
period;
V = Water consumption in millions of
gallons during the billing period;
8.34 = Weight of water in pounds per
gallon;
X, = Unit charge in dollars per pound
for BOD in effect at the time of the
billing;
Y = Unit charge in dollars per pound
for TSS in effect at the time of the
billing;
BOD = Concentration of biochemical
oxygen demand in milligrams per
liter;
TSS = Concentration of total suspended
solids in milligrams per liter;
300 = Normal BOD and TSS in
milligrams per liter
(J) The control authority reserves the right to review
and approve any waters or industrial waste
entering the city's sewer system or proposed to
be discharged into the system having an average
daily flow greater than 10% of the design flow
capacity of the plant which will treat the waste. In
the event the city's measurement discloses such
flow in excess of such -capacity, the city shall be
under no obligation to receive such flow in
excess of 10% of designed capacity and the city's
published rate shall not apply to such excess. An
owner affected hereby shall be promptly notified
of such determination by the control authority. A
special contract, at the city's option, may be
made with the user to accommodate such excess
flow.
(Code 1991, §51.087)
51.088-51.109 Reserved
JDRAFT
TITLE V PUBLIC WORKS
ARTICLE IV Council finds that the improvement of water
WATER AND SEWER and/or sewer line is necessary for the public
SERVICE CONNECTIONS welfare, safety, and convenience, the City
AND EXTENSIONS Council shall, by resolution, declare the
improvements needed and direct that a study be
made to determine the costs of said
51.110 Connection Required improvement, which resolution shall be published
once in the newspaper of general circulation in
(A) When connection required. Within 12 months - the city.
from the date on which city sewer service
becomes available in those areas where service is (B) Upon receipt of the study report and a finding that
not presently available, all owners of property on proceedings with the proposed improvement is
which structures are located having points of water financially feasible, the City Council shall set a
usage within 200 feet of a city sewer line shall date for a public hearing on the proposed
construct upon their properties sanitary sewers improvement and notify all property owners,
leading from said points of water usage to the within said district, by mail, of the proposed
sanitary sewer of the city, for the purpose of improvement, and the estimated cost of such
conducting sewage and liquid wastes into the improvement, and the date of the public hearing
city's sewerage system. on the proposed improvement, and cause notice
of such public hearing to be published once in a
(B) Failure to make connection. If a property owner newspaper of general circulation in the city, not
shall fail, neglect, or refuse to connect to a city less than five days prior to the date fixed for the
sewer line within the time prescribed by hearing.
subsection (A) hereof, unless further time be
granted by the mayor for such connection, it shall (C) Following the public hearing the City Council
be the duty of the city water and wastewater shall make a finding and ruling as to whether the
director to order a discontinuance of water service improvement should be accomplished. If the City
by the city to the property where the owner fails, Council finds and rules that the improvement •
neglects, or refuses to make the sewer shall be accomplished, said City Council shall
connections. - pass an appropriate ordinance authorizing the
improvement to be made, stating the method of
(C) Approval of superintendent required. Any property making the assessments and stating the amount
owner making the sewer connection required of the assessments. The assessment is to be
hereby shall first obtain the approval of the city based on the cost of the improvement and shall
water and wastewater director for the nature and be bome by the property owners in proportion to
character of the materials to be used in the the value of each lot or parcel of land as
construction of said sewer connection, the place of assessed for taxation under the general laws of
tapping the sewer line of the city, and the manner the state. A copy of the assessment shall be filed
of doing the same. with the city clerk. Notice that such assessments
have been filed with the city clerk shall be
(Code 1965, §21-5.1; Ord. No. 1742, 6-1-70; Ord. No. 2095, published once in a newspaper of general
4-1-75; Code 1991, §51.110) circulation in the city, . and such assessments
shall be final and conclusive unless questioned
Cross mference(s) -Penalty, §51.999. by action filed in the county chancery court within
30 days after the publication of notice of the filing
51.111 Assessment Procedure For of the assessments.
Improvement Or Construction Of Water
Or Sewer Lines (D) All such assessments are payable to the city in
From and after the proper passage of this section, the the manner and within the time prescribed in the
policies of the city concerning and regarding the resolution. This may include the option to pay
maintenance and construction of water and sewer lines the assessment in one lump sum or in
shall be as follows: installments within the time and at the rate of
interest specified.
(A) In the event a substantial portion of the property
owners in any part of the city express a desire that (E) The assessment against each lot or parcel of
the water and/or sewer line in any district of said property shall constitute a lien on such property
city be improved, and that the costs of said in favor of the city.
improvements be assessed against property
owners in said district, or in the event the City (F) When an annual assessment against any lot or
CD51:30 I•
LDRAFnT
TITLE V PUBLIC WORKS
parcel of property has not been paid for two years wastewater director for the general benefit of the
from the date due, such delinquent assessment, water system. All water facilities financed by the
plus a 10% penalty shall be certified by the city to developer shall become the property of the city
the county clerk and the county clerk shall place after inspection and acceptance by the water and
the assessment and penalty on the tax books as a wastewater director.
delinquent lax to be collected and paid over to the
city by the collector. (C) Water extensions outside the city. Water
extensions within suburban water districts and
(Code 1965, §21-15; Ord. No. 1736, 4-20-70; Code 1991, cities which have contracted for water from the
§51.111) city shall be made at the expense of and in
State law reference(s)-Applicability of 1949 provisions, accordance with the policies of such districts and
A.C.A. 14-90-102; Authority cities. Construction of extensions are to be made
§ ty generally, A.C.A. § Authority
of only upon Sewer improvement districts, A.C.A. §14-89-1303; Authority of Y P approval by the City water and
street or water improvement districts, A.C.A. §14-89-1202. wastewater director. Except for facilities needed
to serve property within the city's limits, such as
51.112 Water Service And Extension major transmission lines, pump stations, and
Policy water storage tanks, water extensions outside
such districts and cities shall not be made except
From and after the date set herein, the policies of the on the express approval of the City Council, and
city concerning and regarding the development and in accordance with the following rules:
maintenance of the water system of the city shall be as
follows: - - (1) No service connections will be made to raw
water transmission lines, except when a prior
m (A) It shall be the policy of the city to easement from the owner to the city provides
maintain and operate a municipal water for such.
system capable of delivering potable water
• under pressure to the city's water customers. (2) Service connections to treated water mains
To sustain and expand the municipal water may be made by .the city to residences,
system the city shall assume the expense of businesses, and industries which are
acquiring and treating water, together with the adjacent to any existing treated water main.
operation and maintenance of transmission In order to be considered adjacent, the
lines and appurtenances, following criteria must be met:
(2) Major transmission lines shall be constructed (a) The length of the service pipe from the
in accordance with water system main to the meter box shall not be
improvement and expansion programs and greater than 60 feet, except when
plans adopted by the City Council to better railroad and highway rights -of -way are
serve existing customers and to make the traversed, then said distance shall not
water system available to new customers and be greater than 150 feel
land development. Priorities for such
improvement and expansion shall be - (b) The distance -from the meter to the point
established by the City Council on the basis of or building where water will be used
need and the city's financial ability. shall not be more than 1,300 feet. For
industries located on a larger tract, this
(3) Major transmission lines are defined as those distance may be greater.
having a diameter exceeding six inches.
(B) Extensions division is hereby authorized to make water (3) The superintendent of the water and sewer
eto and within subdivisions. The cost of
extending water lines from existing water mains to connections outside the corporate limits of
subdivisions and other land developments and the the city. Such water connections shall meet
cost of constructing water facilities within the same specifications of construction as
subdivision as prescribed in subdivision used within the corporate limits of the city, at
regulations and according to specifications and the time the water connection is made. The
location prescribed by the water and wastewater plumbing to which a water connection is
director shall be the financial responsibility of the made under this section shall meet all
developer; however, the city shall pay the excess applicable plumbing regulations and
material cost of facilities of a size larger than requirements of the city in effect at the time
required to service subdivisions when such excess
• size is specified and required by the water and the connection is made.
CD51:31
DRAFT
TITLE V PUBLIC WORKS )
(4) Before any water connection is made (2)- To sustain and expand the municipal sewer
pursuant to this section, the owner of the system the city shall assume the expense of
property concerned shall sign a written treating the waste water together with the
agreement with the city, wherein and whereby operation and maintenance of the collection
such owner shall agree to abide by any and lines and appurtenances.
all ordinances, rules, and regulations of the
city then in effect or which may thereafter be (3) Construction of major collection lines shall
adopted. The agreement shall also set forth be made in accordance with sewer system
the water service charges, provisions for improvement and expansion programs and
discontinuance of service, and authorization plans adopted by the City Council to better
for city employees to enter upon premises of serve existing customers and to make the
the owner for the purpose of making sewer system available to new customers
inspection, repairs, maintenance, and and land development. Priorities for such
disconnections. improvement and extension shall be
established by the City Council on the basis
(5) Before any connection is made pursuant to
of need and the city's financial ability.
this section, the owner of the property
concerned shall pay a water extension fee of
$200.00 per living unit or other water service (B) Extensions to and within subdivisions. The cost
point; provided the water extension fee for of extending sewer lines from existing mains to
connections made subsequent to October 1, subdivisions and other land developments and
1976 shall be $300.00 per living unit or other the cost of constructing sewerage facilities within
water service point. In addition, the owner of subdivisions as prescribed in subdivision
the property concerned shall pay a tap fee of regulations and according to specifications and
$70.00 per living unit for other water service location prescribed by the water and wastewater
point. director shall be the financial responsibility of the
developer, however, the city shall pay the excess
(6) In the event a property owner requests that material cost of facilities of a size larger than •
water service not be provided after a water required to serve subdivisions when such excess
connection is made and the extension fee and size is specified and required by the water and
tap fee prescribed by subsection (E)(5) above wastewater director for the general benefit of the
are paid, said property owner shall pay a dry- sewerage system. All sewer facilities financed by
tap charge of $6.00 per month for each month the developer shall become the property of the
after October 1, 1976 until such time as water city after inspection and acceptance by the water
service is activated. and wastewater director.
(7) A house number must be permanently (C) Sewer extensionsoutsidethe city. -'Except for
displayed in a manner clearly visible from a facilities needed to -serve property within the city's
street before service calls will be made by the limits, such as major transmission lines and
city. In the event a service call is made and pump stations to deliver sewage to disposal sites,
the house number is not displayed in the and except through contractual arrangements
above manner, the property owner shall be with other municipal corporations; the city's
assessed a fee of $5.00. sewerage system shall not be extended outside
the city's corporate limits except on the express
(Code 1965, §21-16; Ord. No. 1761, 9-9-70; Ord. No. 1964. approval of the City Council.
12-4-73; Ord. No. 2233, 6-1-76; Ord. No. 2896, 2-15-a3; Code
1991, §51.112)
(Code 1965, §21-17; Ord. No. 1762, 9-9-70; Ord. No. 2896,
51.113 Sewer Service And Extension 2-15'83; Code 1991, §51.113)
Policy 51.114 Water, Sewer Tap Connection
The policies of the city concerning and regarding the Fees
sewer system, shall be as follows:
(A) All service connections made on city owned
(A) (1) It shall be the policy of the city to maintain and water and sewer mains shall be made by the
operate a municipal sewer system capable of Water and.Sewer Division. Such connections
collecting waste water from the city's sewer shall be made upon payment to the city of the _
customers and treating such water for following fees:
disposal into natural water courses.
CD51:32
y
E
TITLE V PUBLIC WORKS
Fee Description
INSIDE CITY
OUTSIDE CITY
518" Water
$ 425.00
$ 475.00
518" Double
Water
475.00
525.00
1" Water
525.00
575.00
2" Water
1200.00
1250.00
4" Water
425.00
---
6" Water
625.00
City Street Cut
575.00
575.00
City Street Bore
225.00
225.00
State Hwy
Permit
125.00
125.00
State Hwy Bore
425.00
425.00
State I'h'+y Cut
1225.00
1225.00
(B) Fees for connections where unusual field
conditions exist shall be determined by the city
engineer. Unusual field conditions would include
but not be limited to the presence of rock, any
state or U.S. Highway crossing, extra thick
concrete or asphalt paving, or conflicts with other
utilities. The city engineer may also modify the
stated fees if there are a number of taps to be
made in the same location, or if a plumber or other
contractor is allowed to do the excavation.
(Code 1965, §21-2; Ord. No. 2676, 11-"0; Ord. No. 2746, 8-
4-81; Ord. No. 2895, 2-15-83; Ord. No. 3088, 5-7-85; Ord. No.
4066. §1, 114-97; Code 1991, §51.114)
51.115 Reserved
(Code 1965, §21-2.1; Ord. No. 3214, 10-7-86; Ord. No. 3379,
.9-20-88; Code 1991. §51.115. Code 2004)
51.116-51.134 Reserved
ARTICLE V
RATES AND CHARGES
51.135 Service Deposits
A service deposit shall be made with each application
for water service, construction water service and
construction solid waste service if such precedes
construction water service. This service deposit shall
be retained in trust, without interest, by the city's
finance department. When service to the depositor is
discontinued permanently, said servicedepositshall be
CD51:33
applied to the final billing and the remainder, if any,
retumed to the depositor.
(A) Refund of Service Deposits. If the depositor
achieves twelve consecutive months of on -time
Payments in full of all water, sewer, and/or
sanitation fees due the City, the service deposit
shall be refunded to the depositor. If a new
customer can provide adequate proof of his or
her twelve consecutive month history of prompt
and full utility payments to the Business Office
Supervisor, the Business Officer Supervisor shall
waive the requirement of a security deposit for
this new customer.
(B) Reinstitution of Service Deposit. If a customer
has received a refund of the service deposit or
had the service deposit waived for proof of twelve
consecutive month prompt payment history and
the customer fails to promptly pay a monthly
billing, the Business Office Supervisor may
require payment of a new security deposit in an
amount equal to or double the amount of the
normal security deposit depending on the amount
owed, lateness of payment and any reasons for
late payment.
(C) Service Deposits For Addresses To Which
Water Was Shut-off By The City For
Delinquent Bills.
(1) If a current customer has had water shut
off for failure to pay city bills, the
customer must pay a $35.00 reconnect
fee plus the full amount of the back bill
to receive water service. The Business
Officer Supervisor may also require
double the normal deposit if this is a
recurring problem.
(2) If a new customer seeks to have water
turned on at an address or residence
which was shut-off for non-payment
within the preceding sixty (60) days, the
new customer must pay the back water
bill before the water may be turned on.
A new security deposit may also be
required.
(3) The Business Office Supervisor or
designee may waive the reconnect fee
after taking into consideration the
consumers property ownership, credit
experience with the consumer, payment
record of the consumer, and status of
current service deposits) the consumer
presently has active with the city. on
other utility accounts.
JDRAFT
TITLE V PUBLIC WORKS
the deposit required by subsection (b) of this
(4) The Mayor may, in cases of extreme section shall be made for that unit. Failure of
hardship (unknown water leak in property owners to pay billings as presented will
customer's line, excusable neglect, etc.), result in cancellation of the properly Owners
authorize continued or beginning water Agreement and all future service orders shall
service with extended payment terms for require a deposit equal in amount as set forth in
past due bills, reduction of amounts due, subsection (E). The signed agreement, between
or other compromises. No compromise the City and Property Owners must be executed
or settlement may violate the terms of prior to turn on service being provided and must
any bonds for which water or sewer contain a listing of individuals authorized to
revenue is pledged. initiate service under the provision of this
subsection.
(D) Government Consumers. Federal, state, county,
and other local government consumers shall not (J) Water For Irrigation Purposes. All customers
be required to make a service deposit. requesting water service for irrigation purposes
shall be required to make a minimum service
(E) Private Residential Consumers. A private deposit of $50.00 for service whereas the water
residential consumer shall be required to make a meter is sized one inch or less, $100.00 whereas
minimum service deposit of $50.00 unless waived the water meter is sized over one inch, or that
pursuant to subsection B. For the purpose of this equal to the highest one -month bill, whichever is
division, a private residential consumer is defined greater.
as any single-family unit without regard to property
ownership or a single apartment occupied by no (K) Delinquent Payment History. For all customer
more than four unrelated persons for which an types, the service deposit amount required may
individual meter is required. be increased up to two and one-half times the
estimated maximum bill, as determined by the
(F) Other Residential Consumers. All other Business Office Supervisor or designee, if the
residential consumers, whether apartment houses, customer has a history of delinquent payment or •
boardinghouses, fraternity houses, sorority nonpayment of his bill. Increased service
houses, or other multiple -family dwellings where deposits may be required of all consumers
master meters are used shall be required to make whether residential, commercial, industrial, or
a service deposit of $200.00. irrigation services.
(G) Impact Fee Requirements. All customers (L) Time Of Payment The Business Office
- obtaining a new water service including building Supervisor or designee shall determine with each
contractors obtaining water for construction application for water service whether the service
purposes shall be required to comply with §159.02 deposit shall be paid at the time of application, or
of the Unified Development Code of Fayetteville if said deposit may be billed to the consumer, in
Regulating Collection and Disbursement of Water part or in whole, on the first month's billing or
and Wastewater Impact Fees. Individual deposits spread over several month's billings.
for each new water and sewer service are
required. (1) In determining the required method of
payment for the service deposit, the
(H) Commercial Customers. Commercial customers Business Office Supervisor or designee
such as owners of hotels, motels, cafeterias, shall take in consideration property
restaurants, service stations, car washing ownership, credit experience with the
establishments, supermarkets, laundries, and consumer, payment record of the
industrial consumers shall be required to make a consumer, and status of current service
minimum service deposit of $100.00, or that equal deposits) the consumer presently has
to the highest one -month bill, whichever is greater. active with the city on other utility
accounts.
(1) Rental Cleanup Deposits. Rental property
owners obtaining water for rental cleanup (M) Inactive Meter Use. In the event of water
purposes must sign the Property Owners consumption on an inactive meter when no
Agreement which lists all properties to be covered service deposit has been made, the water meter
under this section and states Rental Property shall not be reconnected until the customer pays
Owners will be billed for all of the services the required service deposit and pays a $35.00
provided (water, wastewater and solid waste). At reconnection charge plus the back bill.
such time as an individual dwelling is occupied,
CD51:34 •
r�
JDRAFTJ
TITLE V PUBLIC WORKS
(Code 1965, §21-24; Ord. No. 1731, 2-2-70; Ord. No. 2675, (1) In addition to the above, each customer shall
11-4-80; Ord. No. 3739, §4, 11-6-93; Code 1991, §51.135 pay a monthly meter service charge in
Ord.4493 06-03-03) accordance with the following schedule:
51.136 Monthly Water Rates
Table B -Monthly Water Meter Service Charge
Effective as of the first billing statements issued after
December 31, 2003, the following monthly rates shall
be fixed as rates to be charged for water furnished by
the waterworks system of the city, which rates the City
Council finds and declares to be reasonable and
necessary minimum rates to be charged:
(A) Monthly treated water rates.
(1) The water usage of each customer shall be
determined each month by meter
measurement and. the amount per 1,000
gallons to be paid for water usage by each
customer shall be computed on the basis of
the following schedule of rates. The minimum
billing shall be 1,000 gallons per month.
Table A
Monthly Water Rates
Usage Rate
Ingallons)
Inside City
Outside City
First 10,000
$2.81
$3.52
Next290,000
2.42
3.03
Next
4,7000000
1.76
2.20
Over
5,000,000
1.60
1.98
(2) All bills under such schedule shall be
computed by adding the applicable meter
service charge prescribed by subsection (B)
to the amount determined to be due for water
usage under this schedule. Applicable sales
tax and franchise fees shall be added to the
bill so computed.
(3)When a common facility/building is served by
multiple water meters and the water usage is
for the same purpose, customers may petition
the Water & Wastewater Director and/or the
Finance & Internal Services Director to have
the water consumption aggregated and have
the tiered rates apply to the aggregated
quantity.
(B) Monthly meter service charge.
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Meter Size
Inside City
Outside City
5/8 inch
$ 3.88
$ 4.92
3/4 inch
4.14
5.26
1 inch
5.39
6.84
1 %: inch
9.40
11.94
2 inch
13.69
17.39
3 inch
31.90
40.51
4 inch
52.80
67.05
6 inch
105.60
134.11
8 inch
158.40
201.16
(2) The monthly treated water rates and the
monthly meter service charge rates prescribed by
subsections (A) and (B) of this section shall
commence as of the first billing statements
issued after December 31, 2003. Customers
served through the white river water district
system will pay the outside city rate plus an
additional $5.94 per month. The Safe Drinking
Water Act fee shall be added to these Monthly
Water Meter Service Charges.
(C) Monthly standby fire protection service charge.
Charges for un-metered service connections
inside the city limits for standby fire protection
and fire hydrants shall be:
Table C
Monthly Standby Fire Protection Service Charge
Line Size
Inside City
Outside City
2 inch
$ 6.60
$ 6.60
3 inch
19.80
19.80
4 inch
39.60
39.60
6 inch
110.00
110.00
8 inch
231.00
231.00
CD51:35
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TITLE V PUBLIC WORKS
10 inch 1 396.00 1 396.00
(E) Monthly wholesale treated water rates outside
city limits shall be:
Table D
Monthly Wholesale Treated Water Rates - Outside
City Limits
Usage Rate Per 1,000
Gallons
$ 2.01
Reduced demand
1.81
Meter charge
55.55
(Based on Cost of Service Methodology)
(F) Monthly charge for fire hydrants provided water by
the city for municipalities and/or districts outside
the city limits for billing statements issued after
December 31, 2003 shall be $7.70 per hydrant per
month.
(Code 1965, §21-25; Ord. No. 1165, 4-18-58; Ord. No. 2144,
9-2-75; Ord. No. 2594. 2-5-80; Ord. No. 3197, 7-1-86; Ord.
No. 3409, 2-21-89; Ord. No. 3431, 6-6-89; Ord. No. 3491, 7-
17-90; Ord. No. 3513, 9-18-90; Ord. No. 3519, 11-20-90; Ord.
No. 4059, §1, 10-7-97; Ord. No. 4223, 2-15-00; Code 1991,
§51.136; Ord. No. 453012-02-02; Ord. No. 4540, 02-03-04)
51.137 Monthly Sewer Rates
(A) Monthly sewer rates. All monthly sewer charges
shall be calculated from the customers monthly
water usage.- The following monthly rates are
hereby fixed _ as rates to be charged for sewer
services:
(1). Monthly sewer quantity charge:
Table E-1
Monthly Sewer Quantity Charge - Usage Rates Per
1,000 Gallons Beginning December 31, 2003
('Across -the -Board Percentage; "Cost of Service
Mpthrvinlnov\
Residential'
$ 2.61
Commercial/Industrial'
2.04
Outside city limits"
6.03
Elkins"
5.24
Table E-2
Monthly Sewer Quantity Charge - Usage Rates Per
1.000 Gallons Beginninq December 31. 2004
Residential'
-$2.84
Commercial/Industrial'
2.22
Outside city limits *
6.57
Elkins"
5.71
Table E-3
Monthly Sewer Quantity Charge - Usage Rates Per
1 Win Gallons Reainnina Derembnr3t 2005
CD51:36
Residential`
$ 3.10
Commerciaylndustrial'
2.42
Outside city limits"
7.16
Elkins"
6.22
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TITLE V PUBLIC WORKS
(2) Monthly service charge:
Table F-1 Monthly Sewer Service Charge
After December 31. 2003
Meter Size
Inside City
Outside Cityt
5/8 inch
$ 8.72
$ 8.72
3/4 inch
10.08
11.87
1 inch
11.34
16.28
1%inch
15.85
28.90
2 inch
21.10
41.51
3 inch
46.31
97.02
4 inch
77.51
160.09
6 inch
149.26
317.78
8 inch
232.26
475.47
Table F-2 Monthly Sewer Service Charge
After December 37 2nnd
Meter Size
Inside City
Outside Cityt
5/8 inch
$ 9.50
$ 9.50
3/4 inch
10.99
12.94
1 inch
12.36-.
17.75
116 inch
1727
31.50
2 inch
23.00
45.25
3 inch
50.77
105.75
4 inch
84.49
174.50
6 inch
163.64
346.38
8 inch
253.16
518.26
CD51:37
Table F-3 Monthly Sewer Service Charge
After December 31. 2605
Meter Size
Inside City
Outside Cityt
5/8 inch
$ 10.36
$ 10.35
3/4 inch
11.98
14.10
1 inch
13.47
19.35
VA inch
21.99
34.33
2 inch
31.44
49.32
3 inch
73.01
11527
4 inch
120.26
190.21
6 inch
238.37
377.56
flinch
356.48
564.90
roost of service Methodology required by
contract.
(B) Determination of charge for domestic customers.
(1) In the case of domestic customers, the
average monthly water consumption for
the preceding months of December,
January, and February shall be
computed separately for each customer,
and a uniform monthly charge for each
customer shall be determined by
applying the schedule of rates set out in
subsection (A) of this section to such
average monthly water consumption. In
the case of a domestic user for whom a
uniform monthly charge has been
established and who moves to a new
location the same uniform monthly
charge shall apply at the new location.
In the case of new domestic users, the
schedule of rates shall be applied to
monthly water usage until an average
monthly water consumption has been
established. This methodology shall not
apply to multi -family structures
containing five (5) or more units in a
contiguous building.
(2) Each domestic customer shall be
required to make a $50.00 service
deposit with each application for sewer
service. This service deposit shall be
retained in trust, without interest, by the
city finance department. When service
to the depositor is discontinued
permanently, said service deposit shall
LDRAFT
TITLE V PUBLIC WORKS j
be applied to the final billing and the buildings, laundries, and other private
remainder, if any, returned to the business and service establishments
depositor. which contributes wastewater to the
city's wastewater treatment plant. It shall
(C) Determination of charge for commercial and include any nongovernmental,
industrial customers. In the case of commercial nonresidential user of publicly owned
and industrial customers the monthly sewer treatment works which is identified in the
charge shall be determined by applying the Standard Industrial Classification
schedule of rates prescribed in subsection (A) of Manual, 1972, Office of Management
this section to the monthly water usage of such and Budget, as amended and
customers. In the event that a commercial or supplemented, under the following
industrial customer discharging waste into the divisions; Division A -Agriculture,
city's sanitary sewer system produces evidence to Forestry, and Fishing; Division B-Mining;
the water and wastewater director demonstrating Division D-Manufacturing; Division E-
that a substantial portion of the total amount of Transportation, Communications,
water from all sources used for all purposes does Electric, Gas and Sanitary; and Division
not reach the sanitary sewer which is in excess of 1-Services. It also includes social,
the factors used in establishing the rates in charitable, religious, and educational
subsection (A) of this section, an estimated activities such as schools, churches,
percentage of total water consumption to be used hospitals, nursing homes, penal
in computing charges may be established by the institutions and similar institutional
water and wastewater director. The factors used in users; legislative, judicial, -
establishing said rates are on file in the office of administrative, and regulatory activities
the water and wastewater director and are of federal, state and local governments. -
incorporated herein by reference thereto. Any rate
so adjusted by the water and wastewater director (2) Domestic customer or user. Any
shall be effective for a 12-month period beginning contributor of wastewater to the city's
with the billing for the month when rates adjudged treatment works whose lot, parcel, or •
hereby go into effect. real estate, or building is used for
domestic dwelling purposes only.
(D) Extra Strength Surcharge. For all commercial and
industrial customers whose wastewater discharge (3) Infiltrationfinffow. The total quantity of
is greater than 300 mg/l of BOD5 and/or TSS, the water other than wastewater from both.
City shall levy an Extra Strength Surcharge for infiltration and inflow without
each parameter in accordancewith the following distinguishing the source from defective.
unit charges: pipes, pipe joints, connections,•
manholes, roofleaders, cellar drains.,
After After After yard drains, area drains, foundation'
12/31/03 12/31/04 12/31105 drains, drains from springs and swampy
Extra area, cross connections, catch basins,
Strength $0.2246/1b $0.244911b $0.2669/lb cooling towers, storm waters, surface
-
BODs
runoffs, street -wash water, or drainage.
Extra
Strength $0.1123/lb $0.122411b $0.1334Ab (4) Municipality. A city, town, County,'
TSS parish, district, association, or other'
public body (including an inter -municipal!
Extra Strength Surcharges shall be billed monthly agency of two or more of the foregoing:
and shall be computed on the basis of water meter entities) created under state law having
reading (wastewater discharge volume). jurisdiction over disposal of sewage,
industrial waste or other waste. The
(E) Definitions. definition includes special districts such
as water, sewer, sanitary, utility,
For the purpose of this division the following drainage, transport, or disposal of liquid
definitions shall apply unless the context waste of the general public in a
clearly indicates or requires a different particular geographic area.
meaning:
(5) Operation and maintenance. Those
(1) Commercial, industrial customer or user. functions that result in expenditures
-
All retail, stores, restaurants, office during the useful life of the treatment
CD51:38
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TITLE V PUBLIC WORKS
works for materials, labor, utilities, and
other items which are necessary for
managing and which such works were
designed and constructed. The term
"operation and maintenance" includes
replacement
(6) Replacement. Expenditures for obtaining
and installing equipment, accessories, or
appurtenances which are necessary
during the useful life of the treatment
works to maintain the capacity and
performance for which such works were
designed and constructed.
(7) Treatment works. Any devices and
systems for the storage, treatment,
recycling, and reclamation of municipal
sewage, domestic sewage, or liquid
industrial wastes. These include
intercepting sewers, outfall sewers,
sewage collection systems, pumping,
power, and other equipment and their
appurtenances; extensions improvement;
remodeling, additions, and alterations
thereof, elements essential to provide a
reliable recycled supply such as standby
treatment units and clear well facilities;
and any works, including site acquisition
of the land that will be an integral part of
the treatment process or is used for
ultimate disposal of residues resulting
from such treatment (including land for
composting sludge, temporary storage of
such compost, and land used for the
storage of treated wastewater in land
treatment systems before land
application); or any other method or
system for preventing, abating, reducing,
storing, treating, separating, or disposing
of municipal waste or industrial waste,
including waste in combined storm water
and sanitary sewer systems.
(8) Useful life. The estimated period during
which a treatment works will be operated.
(9) User charge. That portion of the total
wastewater service charge which is
levied in a proportional and adequate
manner for the - cost of operation,
maintenance and replacement of the
wastewater treatment works.
notification of user.
(10) Water meter. A water volume measuring
and recording device, furnished and
installed by the water department of the
city.
CD51:39
(F) Deposit of revenues, fund.
(1) The revenues from charges collectedby
the city shall be deposited in a separate
non -lapsing fund known as the
operation, maintenance, and
replacement fund.
(2) Fiscal year-end balances in the
operation, maintenance and
replacement fund shall be used for no
other purpose than those designated.
Moneys which may be transferred from
other sources to meet temporary
shortages in the operations,
maintenance, and replacement fund
shall be returned to their respective .
accounts upon appropriate adjustment
of the user charge rates. The user
charge rates shall be adjusted so that
the transferred moneys will be returned
to their respective accounts within six
months of the fiscal year in which
moneys were borrowed.
(3) Application for review; adjustments to user.
(a) Any user who feels that the volume
used to determine his bill is incorrect
may make written application to the
Director of Water and Wastewater
requesting a review of his bill. The
written request shall, where necessary,
show actual or estimated flows and/or
strength of his wastewater, including
how the measurements were made.
(b) A review of the request shall be made
by the Water and Wastewater Director
and if substantiated, the charges for that
user shall be recomputed based on the
revised flow and/or strength
characteristics. In no case; however,
shall allowances or adjustments be
made for claims of sewage strengths
less than 300 mgll suspended solids
and 300 mg/I of BODE.
(c) Any adjustments will be applicable to
the next billing period.
(4) Annual review by city; revision of rates;
(a) The city shall review the charges at
least annually and revise the rates as
necessary to ensure that adequate
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t-AYtI It'
TITLE V PUBLIC WORKS
revenues are generated to pay the cost 300 = Allowed SS Strength in parts per
of operation, maintenance, and million by weight
replacement, and that the system
continues to provide for the proportional (3) Unit charges:
distribution of operation, maintenance,
and replacement costs among users and Table H
user classes. Abnormal Sewage Surcharge
(b) The city shall notify each user at least Unit Char es
annually, in conjunction with a regular bill, BOO unit charge p/pound $0.2061
of the rates being charged for operation,
maintenance and replacement of the SS unit charge p/pound $0.1030
treatment works.
(Code 1965, §21-26; Ord. No. 1165, 4-18-58; Ord. No. 3197,
7-1-86; Ord. No. 3285, 8-4-87; Ord. No. 3398, 1-3-89; Ord.
No. 3491, 7-17-90; Ord. No. 3637, %1, 2, 8-18-92: Ord. No.
4059, §2, 10.7-97; Code 1991, §51.137; Ord. No. 4530, 12-
02-03)
51.138 Abnormal Sewage Surcharge
(A) Customers generating abnormal sewage may
discharge such sewage into the sanitary sewer
provided: the waste will not cause damage to the
collection system; the waste will not impair the
treatment processes; and the person discharging
such waste pays a monthly surcharge to the city
water department in addition to the usual monthly
sewer charges. Computation of such surcharges
shall be based on the following formula:
(1) Extra strength surcharge:
S = V x 8.34 x [BOD Unit Charge
(BOD - 300) + SS Unit Charge (SS -
300)]
(2) Where:
S =
Surcharge in dollars
V =
Sewerage volume in million gallons
8.34 =
Pounds per gallon of water
BOD unit
Charge =
Unit charge for BOD in dollars per
pound
BOD =
BOD strength index in pads per
million
300 =
. Allowed BOD strength in parts per
million
SS unit
charge =
Unit charge for suspended solids in
dollars per pound
SS =
Suspended solids strength index in
-
parts per million by weight
(B) If the strength index for either BOD or SS is less
than the normal strength index for that category,
then there shall be no surcharge for that
category, nor shall there be credit given to the
total surcharge.
(Code 1965, §21-26.1; Ord. No. 1760, 9-9-70; Ord. No.
2913, 4-19-83: Ord. No. 2972, 1-17-84; Ord. No. 3197, 7-1-
86; Ord. No. 3491, 7-17-90; Ord. No. 3637, §3, 8-18-92; Ord.
No. 4059, §3, 10-7-97; Code 1991, §51.138)
CD51:40
51.139 Users Outside City Limits
(A) Sewer service charges for users of an average of
500,000 gallons of water per month, or less,
outside the city limits shall be twice the sewer
service charge for like users within the corporate
limits of the city. For the purposes of this section,
"average" shall mean the annual monthly
average for the preceding calendar year's use of
water, except and until a monthly average can be
determined from use for a full preceding calendar
year. The sewer service shall be based on the
water consumption for the month for which the
sewer service charge is billed.
(B) Sewer service charges for users of an average in
excess of 500,000 gallons of water per month
outside the city limits shall be 1'h times the sewer
service charges within the corporate limits of the
city.
(C) Sewer service charges for connections made into
the mains or laterals of sewer improvement
districts of the city shall be upon the terms and
conditions as mutually agreed upon by the sewer
improvement district concerned and the city, and
the sewer service charges then in effect shall be
applicable until the district is paid out or is
otherwise dissolved, at which time the charges
set forth in subsections (A) and (B) of this section
shall prevail.
(Code 1965, §21-27; Ord. No. 1.103, 2-20-56; Code 1991,
§51.139)
State law reference(s)—Cites of the first Gass - Sale
KDFR AFT
TITLE V PUBLIC WORKS
or purchases of water to other municipalities, A.C.A. §14-234- correctness of his bill shall have a right
108; cities of the first class - Sale of water to certain persons; to a hearing at which time he may be
A.C.A. §14-234-109: Waterworks operated in governmental represented in person and by counsel or
rapacity - Services to nonresident consumers, A.C.A. §14- any other person of his choosing and
234-110; Service to adjacent areas -Municipalities generally,
ACA. §14-234-111. may present orally or in writing his
complaint and contentions to the city
51.140 Water Billing Procedure official in charge of utility billing. This
official shall be authorized to order that
(A) Water service bills. All bills for water services the customer's service not be
shall be rendered in the net amount due. Water discontinued and shall have the
bills are due and payable on or before the 20th authority to make a final determination
day following the billing date stated on the water of the customer's complaint.
bill. Water bills not paid on or before the due date (2) Requests for delays or waiver or payment
shall be considered delinquent and an additional will not be entertained; only questions of
charge of of the total bill shall paid; proper and correct billing will be considered.
a
provided saidid penalty may be waived for elderly
erly In the absence of payment of the bill
handicapped utility customers pursuant to a rendered or resort to the hearing procedure
penalty waiver program approved by the City provided herein, service will be discontinued
Council. at the time specified.
(B) Termination of service. The city shall disconnect (3) Before service may be re-established
utility service in accordance with the following following disconnection or forfeiture of a
policies:' service deposit the consumer must pay any
(1) When it becomes necessary for the city to bill due the city for water service not
discontinue utility service to a customer for liquidated by the forfeited deposit. Said
• nonpayment of bills, service will be reinstated consumer must also make a new service
only after all bills for service then due have deposit in accordance with §51.135(1) and
been paid and deposit required has been pay an additional service charge of $35.00.
made. It is the policy of the city to terminate (q) Water service shall not be re-established
service to customers for reason of following forfeiture of a service deposit if the
nonpayment of bills only after they have been customer's account has been written off as
given notice and a meaningful opportunity to delinquent (the next Tuesday after water is
be heard on disputed bills. The city's forth for discontinued) until the customer pays an
application for utility service and all bills shall additional $40.00 service deposit, plus the
contain, in addition to the title, address, room reconnection charge prescribed in
number, and telephone number of the official subsection (B)(2) above and the final water
in charge of billing, clearly visible and easily bill.
readable provisions to the effect
(a) That all bills are due and payable on or (5) If the water meter has not been shut off,
before the date set forth on the bill; and there shall be a service charge of $5.00 for
collection of a water bill made in the field by
(b) That if any bill is not paid by or before a service person.
that date, notice will be mailed advising (C) Billing adjustments. All water consumers will be
the customer that if the bill is not paid required to pay the full amount of the bill
within 28 days following the billing dale calculated by the city, except in those instances
disconnected, stated a cted, and the customers the water bill service will be where the water meter concerned, or other water
deposit lant
will be forfeited in an amount sufficient to p Pro PertY, has been shown to be defective
cover the gross amount of his due billand has resulted in an excessive charge to the
The forfeiture of the deposit shall take customer's account.
place if the customer has not paid the (1) Where the consumer has not been negligent
delinquent bill plus all applicable service by his failure to repair known leaks or causes
charges within seven days after of excess water consumption, an adjustment
disconnection; and may be made to the consumers bill if in the
• (c) That any customer disputing the
opinion of the water and wastewater director,
CD51:41
DRAFT
TITLE V PUBLIC WORKS
or his official representative, an adjustment is the system, including all expense items properly
justified. attributable to operation and maintenance under
generally accepted accounting practices applicable to -
(2) In no event shall a billing adjustment exceed municipal waterworks and sewer systems) were equal
50% of the difference between the average of to - the amount required to be set aside for a
the customer's prior billings and the amount of depreciation fund by Ordinance No. 1166, plus at
the disputed billing. least 150% of the maximum amount that will become
due in any year for principal, interest, and service
(3) In no event will a billing adjustment amounting charges on all waterworks and sewer revenue bonds
to less than $1.00 be made. then outstanding, together with a written opinion from
such independent certified public accountant that the
(4) If the problem with the bill is due to leakage or proposed new rate will produce sufficient net revenue,
some problem other than a misread or a as above defined, to make the required deposit into
malfunction of city equipment, the consumer such depreciation fund and to leave a balance equal
shall pay a service charge of $5.00. to at least 150% of the maximum amount that will
become due in any year for principal, interest and
(5) Permanent house numbers, visible from the service charges on all waterworks and sewer revenue
street, if possible shall be prominently bonds then outstanding.
displayed before a meter check or service call
is made. (Code 1965, §21-30; Ord. No. 1165, 4-18-58; Code 1991, -
§51.142)
(Code 1965, §21-28-21-28.2; Ord. No. 1165, 4-18-58; Ord.
No. 1731, 2-2-70; Ord. No. 2144, 9-25-75; Ord. No. 2330, 5-3- 51.143 Turning -On Of Water; Fees
77; Ord. No. 2675, 11-4-80; Ord. No. 3193, 6-18-86; Ord. No.
3436, 7-5-89; Ord. No. 4223, 2-15-00; Code 1991, §61.140) -
(A) All consumer requests for same day turn on
service
51.141 Sewer Billing Procedure advance.shall pay a $15.00 turn on fee in
(A) Bills for sewer service shall be rendered monthly. (B) Before water service shall be turned on, '
Sewer bills are due and payable on or before the permanent house numbers visible from the
20P day following the billing date stated on the street, if possible, must be prominently displayed
sewer bills. Sewer bills not paid on or before the on the property. In the event water service cannot
due date shall be considered delinquent and an be turned on because the house numbers have
additional charge of 10% of the total bill shall be not been prominently displayed or are inaccurate,
added, and if any bill not paid within 30 days after the customer shall pay a $15.00 service charge
the bill shall be due, suit may be brought to collect for each trip to the property made by a service
the amount due, together with the expenses of person for the purpose of turning on the water,
collection and a reasonable attorney's fee. provided there shall be no charge for the first two
trips. For existing water services which do not
(B) In the case of the sewer customers outside the city have permanent house numbers prominently
limits, if the monthly service charges are not paid displayed on the property, the consumer shall be
within the prescribed time, sewer service to the given written notice bycertified mail that if his
customer will be discontinued in the same manner permanent house numbers are not prominently
and subject to the same provisions as prescribed displayed within seven days from the date of the
for discontinuance of service under §51.140(B). notice, water service shall be disconnected and
shall not be reconnected until a $15.00 service
(Code 1991, §51.141) charge is paid. -
51.142 Reduction Of Rates (C) In the event water service cannot be left on
The city hereby covenants and agrees that the rates because of water running on the customer's side
established by this article shall never be reduced while of the meter, a notice shall be left on the property
any waterworks and sewer revenue bonds issued stating that the water was left off because of the
pursuant to Ordinance No. 1166, passed and approved running water. In the event the service person is
April 18, 1958, are outstanding, unless there is required to make more than one additional trip to
obtained from an independent certified public turn on the water, or if the trip is made after
accountant a certificate that the net revenues of the normal working hours as defined in §51.140(B)(2)
system for each of the two preceding fiscal years (net there shall be an additional service charge of
revenues being defined as gross revenues less the $10.00 per trip.
-
reasonable expenses of operation and maintenance of
CD51:42 `•
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TITLE V PUBLIC WORKS
(Code 1965, §§21-31-21-33; Ord. No. 2144, 9.2-75; Ord. No.
2675, 11-4-80; Code 1991, §51.143)
51.144 Filling Water Tanks On
Commercial Trucks; Rates
(A) Water rates for consumers that purchase water for
the purpose of filling water tanks on commercial
trucks shall be as follows:
Table I
Water Rates
Gallons Rates
1 to 1,000 A minimum of $7.00
($4.00 labor plus $3.00 water/tax.
2.000 and over An additional $3.00 per 1,000
gallons
(B) Rates are charged on a per -trip basis. The initial
labor charge shall be paid upon each arrival at the
fill site.
(Ord. No. 3478, 4390; Ord. No. 3491, 7-17-90; Ord. No.
4059. §4, 10-7-97; Code 1991, §51.144)
51.145 Address Number Requirements
(A) Definitions. For the purpose of this section, the
following definitions shall apply unless the context
clearly indicates or requires a different meaning.
(1) Permanent numbers. Address numbers that
are raised numbers, made of metal, wood, or
plastic and are nailed or screwed into the
building. These numbers are those assigned
to the building by the city.
(2) Stick -on numbers. Address. numbers that
have an adhesive backing that are designed,
or were originally designed, to stick onto the
building.
(3) Temporary numbers. Address numbers that
are raised numbers, made of metal, wood, or
plastic and are nailed or screwed onto a
board, andstaked into the ground and rise
from three to four feet above the ground.
Temporary numbers may also be painted onto
a board and staked into the ground.
(B) Permanent address numbers required.
(1) Permanent numbers must be nailed or
screwed into the building and must be clearly
visible from the street.
CD51:43
(2) All numbers shall be installed at the expense
of the owner and shall be maintained at the
owner's expense.
(3) No "stick -on" numbers shall be accepted.
(4) All numbers must be made of metal, plastic,
or wood.
(5) All numbers must be at least 334 inches in
height.
(6) All numbers must be contrasting in color to
the building.
(7) Numbers must be displayed on the front of
the building, or on the side that faces the
street and easily visible from the street.
(8) Commercial establishments must have
permanent numbers nailed or screwed into
the building. Commercial establishments
with glass fronts may have painted numbers
on the glass, but only if there is nowhere
possible to nail or screw permanent numbers
into the building.
(9) Commercial establishments that have
individual suites must have permanent
numbers on the building (building number)
and also permanent numbers on each suite
(suite number).
(10) Mobile homes must have permanent
address numbers nailed or screwed into the
trailer. The numbers must be affixed to the
side or end of the trailer that faces the street.
(11) Mobile home parks must have the park
address number displayed at the entrance to
the park (may have permanent numbers or
painted numbers affixed to park entrance
sign), and must also have permanent,
individual space numbers affixed to each
mobile home.
(12)Apartment buildings must have the building
number permanently affixed to each building,
and must also have individual apartment
numbers permanently affixed to each
apartment.
(13)Buildings not visible from the street must
have pemranent numbers nailed or screwed
into a board and posted at the entrance of
the driveway (either on a post or on a tree);
numbers must raise from three to four feet
above the ground, and be clearly visible from
DRAFT
the street. If two or more buildings are on the be disconnected and shall not be
same drive, permanent numbers must also be reconnected until permanent numbers have
nailed or screwed into each individual been properly displayed and a $15.00
building, as well as both numbers posted at service charge is paid.
the entrance of the driveway.
(Ord. No. 3569, 10-1-91; Code 1991, §51.145)
(14) Construction sites, where the building is not
complete enough to affix permanent address 51.146 Backflow Prevention
numbers, must display temporary numbers at
the construction site where they are clearly (A) Purpose. The purpose of this section is as
visible from the street. follows:
(15)Locations where there is a water meter for
purposes of irrigating, watering stock, chicken
houses, and the like where there is no
building to affix numbers, must be
permanently nailed or screwed onto a board
and posted at the entrance of the driveway;
numbers must rise from three to four feet
above the ground, and be clearly visible from
the street. If there is no driveway to the
property, the board must be posted near the
water meter box.
Any variations from this policy must have the
prior written consent of the water and sewer
services superintendent.
(C) Service requests.
(1) Permanent numbers must be displayed
before any service calls will be made by the
city.
(2) Permanent numbers must be displayed
before a meter check or billing adjustment is
made by the Water and Sewer Division.
(3) Permanent numbers must be displayed
before water service is turned on at the
address.
(4) In the event a service call is made and the
address number is not displayed in the above
manner, the property owner shall be
assessed a fee of $15.00 for each trip to the
property made by a service person provided
there shall be no charge for the first two trips.
There shall be a $25.00 fee assessed for any
service calls made after normal working hours
(weekdays between 4:00 p.m. and 8:00 a.m.,
on holidays, or on weekends).
(5) For existing water services which do not have
permanent numbers prominently displayed,
the consumer shall be given written notice by
certified mail that if his permanent numbers
are not prominently displayed within 21 days
from the date of the notice, water service shall
CD51:44
(1) To protect the public water supply of the city
from the possibility of contamination or
pollution from backfiow into the public water
system.
(2) To promote the elimination or control of
cross connections, actual or potential,
between the customer's potable water
system(s) and nonpotable water systems,
plumbing fixtures, and industrial- piping
systems.
(3) To contain at the service connection any
actual or potential pollution or contamination
within the customer's premises.
(4) To provide a continuous, systematic, and
effective program of cross -connection
control.
(B) Definitions. For the purpose of this section, the
following definitions shall apply unless the
context clearly indicates or requires a different
meaning.
(1) Backtow shall mean a hydraulic condition,
caused by a difference in pressures, in which
non -potable water or other fluids flow Into a
potable water system.
(2) Backflow, preventer shall mean a testable
assembly to prevent backflow.
(3) Cross connection means any actual or
potential connection between the public
water system and a source of contamination
or pollution.
(4) Double-check valve assembly (DC) means a
complete assembly meeting AWWA
Standard C510 and the requirements of the
Arkansas State Plumbing Code consisting of
two intemally loaded, independently
operating check valves between two tightly
closing resilient -seated shutoff valves, with
four properly placed resilient seated test
cocks.
•
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Dq:FR A F T
TITLE V PUBLIC WORKS
(2) Customer installation of BFP. When a
(5) Reduced -pressure principle bacldlow, hazard or potential hazard to the public
prevention assembly (RP) means a complete water system is found on the customer's
assembly meeting AWWA Standard C511 premises, the customer shall be required to
and the requirements of the Arkansas State install an approved backflow prevention
Plumbing Code consisting of a hydraulically assembly (BFP), or an air gap, at each
operating, mechanically independent public water service connection to the
differential relief valve located between two premises.
independently operating, internally loaded
check valves that are located between two (3) Type of BFP.
tightly closing resilient sealed shutoff valves
with four properly placed resilient -seated test (a) The type of BFP required shall depend
cocks. on the degree of hazard involved.
(6) Air gap (AG) means a physical separation (b) Any backflow prevention assembly
between two piping systems. required herein shall be an approved
type which is in compliance with
(C) Handbook of Policies and Procedures. There is requirements of the City of Fayetteville's
hereby adopted by the City Council, by reference Cross -Connection Control Program:
thereto, the provisions set forth in the City of Handbook of Policies and Procedures.
Fayetteville Cross -Connection Control Program:
Handbook of Policies and Procedures, as may (4) Degree o1 hazard. The degree of hazard
from time to lime hereafter be amended. shall be as determined as set forth in AW WA
(D) Applicability. M-14 manual or as described below.
(a) In the case of any premises where there
• (1) The requirements and standards set forth is an auxiliary water supply connected to
herein shall apply to industrial and the plumbing system, the public water
commercial establishments. system shall be protected from the
Possibility of backflow by a reduced-
(2) Single-family, residential dwelling units, pressure principle backflow prevention
unless involved in commercial operations, are assembly (RP) at the service
exempt from the requirements of this section connection,
except where they fall under the purview of
the Arkansas State Plumbing Code and/or the (b) In the case of any premises where
City of Fayetteville's Cross -Connection substances are handled and/or used
Control Program: Handbook of Policies and that are objectionable, but not
Procedures. hazardous to human health, and the
likelihood exists of it being introduced
(3) These standards are supplemental to and do into the public water system by virtue of
not supersede or modify the Arkansas State a backflow occurrence, the public water
Plumbing Code (ASPC) and its latest system shall be protected by an air gap
revisions under which the city operates. or approved double check valve
(E) Administration. The. Water and Sewer Division of assembly (DC).
the city shall be responsible for administration of (c) In the case of any premises where there
this section and evaluating the hazards inherent in is any material hazardous to human
supplying a customer's water system. health, which is handled and/or used In
such a fashion as to create an actual or
(F) BackJlow prevention. potential threat to the public water
system by virtue of a backflow
(1) Evaluation of hazards. The Water and Sewer occurrence, the public water system
Division shall determine whether solid, liquid, shall be protected by an air gap or an
or gaseous pollutants or contaminants are, or approved reduced - pressure principle
may be, handled and/or used on the backflow prevention assembly (RP).
customer's Premises in such a manner as to
Possibly contaminate the public water system. (d) In the case of any premises where there
i are unprotected .cross -connections,
• CD51:45
DRAFTI
TITLE V PUBLIC WORKS
either actual or potential, the public water inspector shall have the right to enter upon the '
system shall be protected by an premises of any customer. Each customer, as a
approved reduced -pressure principle condition of the continued delivery to his
backfiow prevention assembly (RP) or an premises of water from the public water supply,
air gap at the service connection. shall be considered as having stated his consent
to the entry upon his premises by the Water and
(e) In the case of any premises where, Sewer Division of the city, the state health
because of security requirements or other department, and/or plumbing inspector for the
prohibitions or restrictions, it is impossible purpose stated herein.
or impractical to make a complete cross -
connection survey, the public water (1) Ownership. Backfiow prevention assemblies
system shall be protected by the required by this section will be installed
installation of an approved reduced- downstream of the water meter and are owned
pressure principle backfiow prevention by, and are the responsibility of the customer of
assembly (RP) or an air gap at the the water utility_
service connection.
(J) Installation and costs. Customers of the city
(G) Noncompliance/emergencies. water utility requiring backfiow prevention
assemblies shall pay all costs associated with
(1) Viclation/notice. Upon discovery of any installation of the appropriate size and type of
protective device required by this section backfiow preventer - under private contract.
which has not been installed, or is defective, Backflow prevention assemblies shall be installed
or has been removed, or altered, or relocated, in accordance with the requirements of the city's
or bypassed, (except emergency situations), Cross -Connection Control Program: Handbook of
written notice shall be given to the customer. Policies and Procedures. The Water and Sewer
Such notice shall set forth the violation, the Division shall review and approve all plans for
remedy required, and the time frame in which placement of backfiow preventers prior to
the violation shall be remedied. installation. Backflow prevention assemblies not •
installed in accordance with the requirements of
(2)- Water service discontinued. the city's Cross-Connecion Control Program:
Handbook of Policies and Procedures shall be
(a) If violations are not corrected by the date corrected at the customer's expense.
and time as stated on the notice, the
water supply will be discontinued by the (K) Testing and maintenance. The customer or the
Water and Sewer Division. contractor responsible for the installation of the
backflow prevention assembly will notify the
(b) Discontinued water service shall not be Water and Sewer Division immediately after
resumed until conditions at the installation of the assembly so that it can be
customer's premises have been abated tested and inspected. The Water and Sewer
or corrected to the satisfaction of the Division will inspect and test the backfiOW
Water and Sewer Division. prevention assembly within ten days of the
installation date and. annually thereafter. In
(3) No water service connection. No water instances where the Water and Sewer Division,
service connection shall be installed on the the City of Fayetteville, and/or the plumbing
premises of any customer unless the public inspector deems the hazard to be great enough,
potable water system is protected as required testing may be required at more frequent
by this section. intervals. All costs of testing shall be paid by the
customer. Any repairs required as a result of
(4) Emergency. In emergency situations when inspections or testing shall be arranged for and
the public potable water supply is being paid by the customer through private contract
contaminated or is in immediate danger of with a certified assembly repair technician.
contamination, the water service shall be Records of inspections, testing, and/or repairs to
discontinued by the water and sewer division backfiow preventers shall be kept by the Water
immediately without notice. and Sewer Division and/or the city and made
available to the state health department upon
(H) Right of entry. For the purpose of making any request.
inspections or discharging the duties imposed by
this section, the Water and Sewer Division of the (L) New construction. All new construction within the
city, the state health department, and/or plumbing city be effected upon the passage of this section. i
CD61:46
—!
EDIRAFT]
TITLE V PUBLIC WORKS
All existing customer premises shall be in
compliance with this section in accordance with
the notification by the water utility.
(M) Thermal expansion. It is the responsibility of the
customer to eliminate possible hazards caused by
thermal expansion if a closed system has been
created by the installation of a backfiow assembly.
(Ord. No. 4140, §7, 2-2-99; Code 1991, §51.146)
51.147-51.998 Reserved
51.999 Penalty
(A) The use or withdrawal of water by any person
when prohibited under the terms of §51.001 is
declared to be a misdemeanor punishable by a
fine of not more than $25.00; however, if the
violation of said sections is continuous in respect
to time, the penalty for the continuation thereof
shall not exceed $15.00 for each day that the
same is continued.
(B) It is hereby declared to be a misdemeanor for any
person to fail, neglect, or refuse to conned to a
city sewer line within the time prescribed by
• §51.110. Said misdemeanor shall be punishable
by a fine in the amount of $25.00 for the first
' offense, and shall be punishable by a fine of
$15.00 for each day that such violation continues.
• f
(C) Any user who is found to have violated an order of
the City Council under this chapter (except as set
forth in (A) or (B) above), or who violates or
knowingly fails to comply with any provision of this
chapter or the orders, rules, regulations, and/or
permits issued hereunder, shall, upon conviction,
be fined as set forth in §10.99 for such offense.
Each day on which a violation shall occur or
continue shall be deemed a separate or distinct
offense. In addition to the penalties provided
herein, the city may recover the expenses of
litigation by appropriate suit at law against the
person found to have violated this chapter or the
orders, rules, regulations, and permits issued
hereunder.
(D) Any person who knowingly makes any false
statements, representation, or certification in any
application, record, report, plan, or other document
filed or required to be maintained pursuant to this
chapter, or an industrial wastewater discharge
permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device or
method required under this chapter, shall, upon
conviction, be punished by a fine as set forth in
§10.99.
CD51:47
(Code 1965. §§21-1.9, 21-5.1(c), 21-144; Ord. No. 1742. S-
1-70: Ord. No. 1757, 8-17-70; Ord. No. 2095, 4-1-75; Ord.
No. 3250, 3-17-87; Code 1991, §51.999)
State law reference(s)-Powers of authority generally,
A.CA.§14-143-109. -
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;TITL"ENIIADE
ARTICLE I GENERAL PROVISIONS
70.01 DEFINITIONS...................................................................................................................................3
70.02 GENERAL DUTIES OF POLICE.. 4
70.03 TRAFFIC SUPERINTENDENT........................................................................................................5
70.04 DIRECTION OF TRAFFIC BY POLICE AND FIREFIGHTERS......................................................5
70.05 REGISTRATION REQUIREMENTS................................................................................................5
70.06 GARAGE KEEPERS TO REPORT DAMAGED VEHICLES...........................................................5
70.07 USE OF BICYCLES OR ANIMALS .................................... 5
70.08 APPLICATION OF TRAFFIC CODE TO GOVERNMENT PERSONNEL.......................................6
70.09 EXEMPTIONS FOR AUTHORIZED EMERGENCY VEHICLES...........:..........................................6
70.10 POLICE DEPARTMENT RECORDS OF DRIVERS TO BE MAINTAINED....................................6
• 70.11 ANNUAL TRAFFIC REPORT..........................................................................................................6
70.12 STREETS CLOSED TO TRAFFIC...................................................................................................6
70.13-70.29 RESERVED...............................................................................................................................7
ARTICLE 11 TRAFFIC CONTROL DEVICES
70.30 INSTALLATION AND MAINTENANCE; CONFORMANCE WITH STATE MANUAL OF
UNIFORM TRAFFIC CONTROL DEVICES.....................................................................................7
70.31 AUTHORITY OF TRAFFIC SUPERINTENDENT ................. ....................... .................................... 7
70.32 OBEDIENCE TO DEVICES.............................................................................................................7
70.33 TRAFFIC CONTROL SIGNAL LEGEND.........................................................................................7
70.34 UNAUTHORIZED SIGNS, SIGNALS, OR DEVICES......................................................................9
70.35 ALTERING, DAMAGING OR REMOVING DEVICES.....................................................................9
70.36-70.49 RESERVED........................................................ 9
I
• CD70:1
DRAFT
a e ew e o e o r mantes ;•!
ARTICLE III ENFORCEMENT PROCEDURES
70.50
FORMS AND RECORDS OF CITATIONS AND ARRESTS...........................................................9
70.51
PROCEDURES OF POLICE OFFICERS........................................................................................9
70.52
WHEN CITATION DEEMED LAWFUL COMPLAINT...................................................................10
70.53
CITATION FOR ILLEGALLY PARKED VEHICLE. .......................................................................
10
70.54
WHEN WARRANT TO BE ISSUED...............................................................................................10
70.55
PAYMENT OF FINE OR APPEARANCE IN COURT....................................................................10
70.66
DISPOSITION OF RECORD OF CITATIONS, WARRANTS AND COMPLAINTS ......................11
70.67
ILLEGAL CANCELLATION OF CITATIONS................................................................................11
70.58
AUDIT OF RECORDS OF CITATIONS, COMPLAINTS AND WARRANTS................................11
70.59
RECORDS AND REPORTS OF VIOLATIONS BY DISTRICT COURT........................................11
70.60
RECORDS OF VIOLATIONS TO BE KEPT BY POLICE DEPARTMENT...................................12
70.61
DISPOSITION OF FINES AND FORFEITURES...........................................................................12
70.62-70.97
RESERVED.............................................................................................................................12
70.98
VIOLATIONS DECLARED MISDEMEANORS..............................................................................12
70.99
PENALTY.. .....................................................................................................................................
12
CD70:2
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EDIRAFTfl
TITLE VII TRAFFIC CODE
CHAPTER 70: GENERAL PROVISIONS'
ARTICLE I their regular operation.
GENERAL PROVISIONS
It shall be unlawful to install, operate, or use
70.01 Definitions any rotating or flashing light on any motor vehicle
For the purpose of this chapter the following except as described in A.C.A. §27-43219(2).
definitions shall apply unless the context clearly Bicycle. Every device propelled by human power
indicates or requires a different meaning. upon which any person may ride, having two tandem
Authorized emergency vehicle. Authorized wheels either of which is 12 inches or more in
emergency vehicles shall include:
diameter.
(1) Motor vehicles used by state, county, or city
and municipal police agencies, all of which
shall be equipped with blue rotating or
flashing emergency lights;
(2) Motor vehicle used by state, county, city, or
municipal fire departments, or motor vehicles
owned and used by volunteer firefighters
while engaged in official duties; motor
vehicles used by privately owned fire
departments; and ambulances used solely
for ambulance purposes which are approved
as ambulances in accordance with state and
federal highway safety standards, all of
which shall be equipped with red rotating or
flashing emergency lights. Flashing
emergency lights shall be used by volunteer
firefighters solely while engaged in the
performance of duties as volunteer
firefighters; and
(3) Motor vehicles owned by state, county, and
municipal agencies whose use is determined
by the state agency to be required for
dangerous or hazardous services and motor
vehicles. owned by public service
corporations or private individuals whose use
is determined by the commissioner of the
office of motor vehicles, in accordance with
regulations established by the commissioner
to prevent abuses thereof, to be for extra
hazardous service, may be equipped with
amber flashing or rotating emergency or
warning light in order that other motorists
and the public may be aware of the special
or hazardous use of the vehicle and shall
exercise caution in approaching the vehicle
at all times while the amber flashing or
rotating emergency or warning light is in
operation.
All hazardous service vehicles shall conform
to regular traffic signals and speed limits during
CD70:3
Business district. The territory contiguous to and
including a street or highway when 50% or more of
the frontage thereon for a distance of 300 feet or
more is occupied by buildings in use for business.
Crosswalk. That portion of a roadway ordinarily
included within the prolongation or connection of the
lateral lines of sidewalks at intersections and any
portion of a roadway distinctly indicated for pedestrian
crossing by lines or other markings on the surface.
Driver. Every person who drives or is in actual
physical control of a vehicle.
Intersection. The area embraced within the
prolongation or connection of the lateral curb lines or,
if none, then the lateral boundary lines of the roadway
of two streets or highways which join one another at,
or approximately at, right angles or the area within
which vehicles traveling upon different streets or
highways joining at any other angle may come in
conflict.
Laned roadway. A roadway which is divided into
two or more Beady marked lanes for vehicular traffic.
Motor vehicle. Every _vehicle which is self.
propelled and every vehicle which is propelled by
electric power obtained from overhead trolley wires,
but not operated upon mils.
Motorcycle. Every motor vehicle having a saddle
for the use of the rider and designed to travel on not
more than three wheels in contact with the ground,
but excluding a tractor.
Official traffic control devices. All signs, signals,
markings and devices not inconsistent with this traffic
code placed or erected by authority of a public body
or official having jurisdiction, for the purpose of
regulating, warning or guiding traffic.
Official traffic -control signal. Any device, whether
manually, electrically or mechanically
which traffic is alternately directed to
proceed.
TITLE VII TRAFFIC CODE
operated, by
stop and to Sch
Owner- A person who holds the legal title of a
vehicle or, in the event the vehicle is the subject of an
agreement for the conditional sale or lease thereof
With the right of purchase upon performance of the
conditions stated in the agreement and with an
immediate right of possession vested in the
conditional vendee or lessee, or in the event a
mortgagor of a vehicle is entitled to possession, then
such conditional vendee or lessee or mortgagor shall
be deemed the owner for the purpose of this title.
Pedestrian. Any person afoot.
Police officer. Every officer authorized to direct
or regulate traffic or to make arrests for violation of
traffic regulations.
Private road or driveway. Every way or place in
private ownership and used for vehicular traffic by the
owner and those having express or implied
permission from the owner but not by other persons.
Railroad. A carrier of persons or property upon
cars, other than streetcars, operated upon stationary
mils.
Railroad sign or signal. Any sign, signal or
device erected by authority of a public body or official
or by a railroad and intended to give notice of the
presence of railroad tracks or the approach of a
railroad train.
Railroad train. A steam engine, electric or other
motor, with or without cars coupled thereto, operated
upon mils, except streetcars.
Residence district. The territory contiguous to
and including a street or highway not comprising a
business district when the property thereon for a
distance of 300 feet or more is in the main improved
with residences or residences and buildings in use for
business.
Right-of-way. The privilege of the immediate use
of the street or highway.
Roadway. That portion of a street or highway
improved, designed or ordinarily used for vehicular
travel.
Safety zone. The area of space officially set
apart within a roadway for exclusive use of
pedestrians and which is protected or so marked or
indicated by adequate signs as to be plainly visible at
all times while set apart as a safety zone.
CD70:4
001 bus. Every motor vehicle owned by a
public or governmental agency and operated for the
transportation of children to or from school or privately
owned and operated for compensation for the
transportation of children to and from school.
Sidewalk. That portion of a street between the
curb lines, or the lateral lines of a roadway, and the
adjacent property lines intended for the use of
pedestrians.
Street or highway. The entire width between
property lines of every way or place of whatever
nature when any part thereof is open to the use of the
public, as a matter of right, for purposes of vehicular
traffic.
Through street or highway. Every street or
highway or portion thereof at the entrances to which
vehicular traffic from intersecting streets or highways
is required by law to stop before entering or crossing
the same and when stop signs are erected as
provided in this chapter.
Traffic. Pedestrians, ridden or herded animals,
vehicles and other conveyances, either single or
together, while using any street or highway for
purposes of travel
Vehicle. Every device in, upon, or by which any
person or property is or may be transported or drawn
upon a street or highway, except devices moved by
human power or used exclusively. upon stationary
mils or tracks.
(Code 1965, §19-1; Ord. No. 1447, 6-7-65; Code 1991,
§70.01)
State law reference(s)-Right-of-way, A.C.A. §27-49-
211; Roadways, A.C.A. §27-49-212; Vehicles, A.CA §27-
49-219; Signal legend, A.C.A. §27-52-107.
70.02 General Duties Of Police
(A) The police department shall enforce the traffic
regulations of this city and all of the state
regulations applicable to street traffic in this city,
make arrests for traffic violations, investigate
accidents and cooperate with the traffic
superintendent and other officers of the city in the
administration of the traffic regulations and in
developing ways and means to improve traffic
conditions.
(B) It shall be the duty of the officers of the police
department or such officers as are assigned by
the chief of police to enforce all street traffic laws
of this city and all of the state vehicle laws
}
•
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•
i
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10 •
IDRAFTn
TITLE VII TRAFFIC CODE
applicable to street traffic in this city.
(Code 1965, §19-2; Ord. No. 1447, 6-7-65; Code 1991,
§70.02)
State law reference(s)-Jurisdiction and responsibilities
of law enforcement, A.CA. §27-53-303; Police powers
generally, A.C.A. §14-52-104; Police Officer, A.C.A. §27-49-
209.
70.03 Traffic Superintendent
(A) The traffic superintendent shall be a qualified
engineer and shall be appointed by the mayor. It
shall be his duty to determine the installation and
proper timing and maintenance of traffic -control
devices, to conduct engineering analysis of traffic
accidents and to devise remedial measures, to
conduct engineering investigation of traffic on the
streets and highways of this city, to determine
and designate streets, parts of streets or specific
lanes as truck routes; to determine and designate
parking restrictions, such. as the prohibition of
parking on certain streets, to determine one-way
streets, to cooperate with other officials in the
development of ways and means to improve
traffic conditions, and to carry out such additional
powers and duties as may be imposed by
ordinance.
(B) The traffic superintendent is hereby empowered
to make regulations necessary to make effective
the provisions of trafficordinances of this city and
to make and enforce temporary or experimental
regulations to cover emergencies or special
conditions. The traffic superintendent may test
traffic -control devices that are under actual
conditions of traffic.
(Code 1965. §§19-3, 19-4; Ord. No. 1447, 6.7.65; Code
1991,§70.03)
State law reference(s)-Powers of local authorities,
A.CA §2746-106; Local regulations, A.C.A. §27-20-115.
70.04 Direction Of Traffic By Police And
Firefighters
(A) Officers of the police department or such officers
as are assigned by the chief of police are hereby
authorized to direct all traffic by voice, hand or
signal in conformance with the traffic laws;
provided, however, that in the event of a fire or
other emergency or to expedite traffic or to
safeguard pedestrians, officers of the police
department may direct traffic as condibons may
CD70:5
require, notwithstanding the provisions of the
traffic regulations. Officers of the fire department,
when at the scene of a fire, may direct or assist
the police in directing traffic thereat, or in the
immediate vicinity.
(B) No person shall willfully fail or refuse to comply
with any lawful order or direction of a police
officer or fire department official.
(Code 1965, §19-7; Ord. No. 1447. 6-7-65; Code 1991.
§70.04)
Cross references) -Penalty, §70.99.
State law reterence(s)-Obedience to police officers
required, A.C.A. 627-49-107.
70.05 Registration Requirements
Any person purchasing a used car and failing to have
the license plates registered in his name within five
days of the date of the bill of sale, or who shall give a
fictitious address when having a car registered, shall
be guilty of a misdemeanor.
(Code 1965, §19-9; Ord. No. 1447, 6-7-65; Code 1991,
§70.05)
Cross reference(s)-Penalty, §70.99.
State law references) -Operation of vehicles without
license plates, A.C.A. §27-14-304.
70.06 Garage Keepers To Report
Damaged Vehicles
The person in charge of any garage or repair shop in
the city to which is brought any motor vehicle which
shows evidence of having been involved in a serious
accident or struck by any bullet, shall report same to
the police department within 24 hours after such
motor vehicle is received, giving the engine number,
registration number and the name and address of the
owner or operator of such vehicle.
(Code 1965, §19-10; Ord. No. 1447, 6-7.65; Code 1991,
§70.06)
Cross refemnce(s)-Penalty, §70.99.
70.07 Use Of Bicycles Or Animals
Every person riding a bicycle or an animal, or driving
any animal drawing a vehicle upon a street or
highway, shall have all the rights and.all of the duties
applicable to the driver of a vehicle, except those
provisions of this traffic code which by their nature
can have no applicability.
(Code 1965, §19-23; Ord. No. 1447. 6-7-65; Cale 1991.
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TITLE VII TRAFFIC CODE
§70.07) front of the vehicle. The foregoing provisions
shall not relieve the driver of an authorized
State law reference(s)-Use of bicycles or animals, emergency vehicle from the duty to drive with
A.C.A. §27-49-111. due regard for the safety of all persons, nor shall
such provision protect the driver - from the
70.08 Application Of Traffic Code To consequences of any reckless disregard on his
Government Personnel part for the safety of others.
The provisions of this traffic code to the drivers of
vehicles upon the highways shall apply to the drivers
of all vehicles owned or operated by the United
States, this state, or any county, city, town district, or
any other political subdivision of this state, subject to
such specific exceptions as are set forth in this traffic
code with reference to authorized emergency
vehicles.
(Code 1965, §19-24; Ord. No. 1447, 6-7-65; Code 1991,
§70.08)
Cross reference(s)-Penalty, §70.99.
State law reference(s}Governmental personnel
subject generally, A.C.A. §27-49-106.
70.09 Exemptions For Authorized
Emergency Vehicles
(A) The driver of an authorized emergency vehicle,
when responding to an emergency call or when
in pursuit of an actual or suspected violator of the
law or when responding to, but not returning
from, a fire alarm, may exercise the following
privileges, but subject to the conditions herein
stated:
(1) Park or stand, irrespective of the provisions
of this title.
(2) Proceed past a red or stop signal or stop
sign, but only after slowing down as may be
necessary for safe operation.
(3) Exceed the speed limits so long as he does
not endanger life or property.
(4) Disregard regulations governing direction of
movement or turning in specified direction.
(B) The exemptions hereby granted to an authorized
emergency vehicle shall apply only when the
driver of such vehicle, while in motion, sounds
such audible signal as may be reasonable or
necessary, and when the vehicle is equipped with
at least one lighted lamp displaying a red light
visible under normal atmospheric conditions from
a distance of 500 feet to the front of such vehicle;
provided, however, that an authorized emergency
vehicle operated as a police vehicle need not be
equipped with or display a red light visible from in
CD70:6
(Code 1965. §19-25; Ord. No. 1447, 6-7-65; Code 1991,
§70.09)
State law reference(s)-Driver's of authorized
emergency vehicles, A.C.A. §27-49-109; Restrictions not
applicable to emergency vehicles, A.C.A. §27-51-202.
70.10 Police Department Records Of
Drivers To Be Maintained
The police department shall maintain a suitable
record of all traffic accidents, warnings, arrests,
convictions, and complaints reported for each driver,
which shall be filed alphabetically under the name of
the driver concerned. The department shall study the
cases of all the drivers charged with frequent or
serious violations of the traffic laws or involved in
frequent traffic accidents or any serious accident, and
shall attempt to discover the reasons therefor, and
shall take whatever steps are lawful and reasonable
to prevent the same or to have the licenses of such
persons suspended or revoked. Such records shall
be kept for a period of five years.
(Code 1965. §19-30; Ord. No. 1447, 6-7-65; Code 1991,
§70.10)
70.11 Annual Traffic Report
The police department shall annually prepare a traffic
report which shall be filed with the mayor. Such
report shall contain information on traffic matters,
including the following:
(A) The number of traffic accidents, the number of
persons killed, number of persons injured; and
other pertinent traffic data.
(B) The number of traffic accidents investigated and
other pertinent data on the safety activities of the
police.
(C) The plans and recommendations of the
department for future traffic safety activities.
(Code 1965, §19-31; Ord. No. 1447, 6-7-65; Code 1991.
§70.11)
70.12 Streets Closed To Traffic
(A) The traffic superintendent is authorized to close
any street in the city to traffic, when such street is
being improved, repaired or otherwise worked
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TITLE VII TRAFFIC CODE
upon. When any street is so closed to traffic,
such fact shall be indicated by appropriate signs,
barricades or markings, and the fire chief and
police chief shall be promptly notified of the street
involved. The Mayor may temporarily close a city
street for a recognized festival or parade-
(B) No person other than the traffic superintendent,
or his duly authorized representative, shall erect
any sign, barricade or marking indicating that a
street is closed to traffic, without the prior written
consent of the traffic superintendent.
he may deem necessary. All such signals shall
conform to the provisions of state law.
(Code 1965, §§19-42, 19-45; Ord. No. 1447, 6-7-65; Code
1991, §70.30)
State few reference(s) -Powers of municipal governing
bodies, A.C.A. §14-184-117.
70.31 Authority Of Traffic Superintendent
The traffic superintendent is authorized:
(A) To designate and maintain by appropriate
(C) When any street has been lawfully closed to devices, marks or lines upon the surface of the
traffic, and when such fact is indicated as roadway, crosswalks at intersections where, in
provided in subsection (A) above, it shall be his opinion, there is particular danger to
unlawful for any person to drive or operate a pedestrians crossing the roadway, and at such
vehicle upon such street. other places as he may deem necessary.
(D) It shall be unlawful for any unauthorized person
to remove any barriers, signs, or markings
erected on any of the streets of the city under the
provisions of this section.
(Code 1965, §19-29; Ord. No. 1447, 6-7-65)
• �� Cross reference(s)--Penalty, §70.99.
State law references) -Powers of municipal governing
bodies, A.C.A. §14-184-117.
70.13-70.29 Reserved
ARTICLE II
TRAFFIC CONTROL DEVICES
70.30 Installation And Maintenance;
Conformance With State Manual Of
Uniform Traffic Control Devices
(A) The traffic superintendent shall cause such traffic
control devices to be placed and maintained
upon streets in the city as may be necessary to
Indicate and to carry out the provisions of this title
or to regulate, wam or guide traffic. All such
traffic control devices shall conform to the State
Manual of Uniform Traffic Control Devices, as
required by A.C.A. §27-52-106. All traffic control
signals on streets designated state or federal
highways shall have all details approved by the
Arkansas Highway Department.
(B) The traffic superintendent shall cause electric
lrafriccontrol signals to be . installed and
maintained at intersections and other places as
- CD70:7
(13) To establish safety zones of such kind and
character and at such places as he may deem
necessary for the protection of pedestrians.
(C) To mark traffic lanes upon the roadway of any
street where, in his opinion, a regular alignment
of traffic is desirable..
(Code 1965. §19-43; Ord. No. 1447, 6-7-65; Code 1991.
§70.31)
70.32 Obedience To Devices
No driver of a vehicle shall disobey the instructions of
any official traffic control device placed in accordance
with the provisions of this title, unless at the time
otherwise directed by a police officer.
(Code 1965, §19-44: Ord. No. 1447. 6-7-65; Code 1991,
970.32)
Cress reference(s)--Penalty, §70.99.
State law reference(sf--Obedience to official devices
required, A.C.A. §27-52-103.
70.33 Traffic Control Signal Legend
(A) Whenever traffic is controlled by traffic control
signals exhibiting the words, "go." "caution; or
"stop•, or exhibiting different colored lights
successively one at a time, or with arrows, the
following colors only shall be used and such
terms and lights shall indicate and apply to
drivers of vehicles and pedestrians as foilows-
(1) Green alone or go".
(a) Vehicular traffic facing the signal, except
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TITLE VII TRAFFIC CODE
when prohibited under A.C.A. §27-51-
802, may proceed straight through or
turn right or left, unless a sign at such
place prohibits either such turn. But
vehicular traffic, including vehicles (4)
turning right or left, shall yield the right-
of-way to other vehicles and to
pedestrians lawfully within the
intersection or an adjacent crosswalk at
the time such signal is exhibited.
(b) Pedestrians facing the signal may
proceed across the roadway within any
marked or unmarked crosswalk.
(2) Steady yellow alone.
(a) Vehicular traffic facing the signal is
thereby warned that the rod or "stop"
signal will be exhibited immediately (B)
thereafter and such vehicular traffic shall
not enter or be crossing the intersection
when the red or "stop" signal is
exhibited.
(b) Pedestrians facing such signal are
- thereby advised that there is insufficient
time to cross the roadway, and any
pedestrian then starting to cross shall
yield the right-of-way to all vehicles.
(3) Steady red alone, or "stop".
(a) Vehicular traffic facing the signal shall
stop before entering the crosswalk on
the near side of the intersection, or, if
none, then before entering the
intersection and shall remain standing
until green or "go" is shown alone,
except that
(i) Vehicular traffic facing
such signal
may, after coming to
a complete
slop, cautiously
enter the
intersection for the
purpose of
making a right turn
only, unless
there is a sign prohibiting
the turn.
(ii) Vehicular traffic in the
left lane if a
one-way street facing
such signal,
after coming to a complete stop,
may cautiously
enter the
intersection for the
purpose of
making a left turn into
the left lane
of another one-way
street only
unless there is a sign prohibiting
such turn.
(b) No pedestrian facing such signal shall
CD70:8
enter the roadway unless he can do so
safely and without interfacing with any
vehicular traffic.
Steady red with green arrow.
(a) Vehicular traffic facing such signal may
cautiously enter the intersection only to
make the movement indicated by such
arrow, but shall yield the right-of-way to
pedestrians lawfully within a crosswalk
and to other traffic lawfully using the
intersection.
(b) No pedestrian facing such signal shall
enter the roadway unless he can do
safely and without interfering with any
vehicular traffic.
In the event an official traffic control signal is
erected and maintained at a place other than an
intersection, the provisions of this section shall be'
applicable except as to those provisions which,
by their nature, can have no application. Any
stop required shall be made at a sign or marking
on the pavement indicating where the stop shall
be made, but in the absence of any such sign or
marking, the stop shall be made at the signal.
(C) Whenever special pedestrian control signals
exhibiting the words "walk", "wait", or "don't walk"
are in place, such signals shall indicate as
follows:
(1) Walk. Pedestrians facing such signal may
proceed across the roadway in the direction
of the signal and shall be given the right-of-
way by the drivers of all vehicles.
(2) Wait or don't walk. No pedestrian shall start
to cross the roadway in the direction of such
signal, but any pedestrian who has partially
completed his crossing on the walk signal
shall proceed to a sidewalk or safety island
while the watt signal is showing.
(D) Whenever
flashing red
or yellow
signals are
used, they
shall require
obedience
by vehicular
traffic as follows:
(1) Flashing red (stop signal). When a red lens
is illuminated by rapid intermittent flashes,
drivers of vehicles shall stop before entering
the nearest crosswalk at an intersection or at
a limit line when marked and the right to
proceed shall be subject to the rules
applicable after making a stop at a stop sign.
(2) Flashing yellow (caution signal). When a
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TITLE VII TRAFFIC CODE
yellow lens is illuminated with rapid
intermittent flashes, drivers of vehicles may
proceed through the intersection or past
such signal only with caution.
(Code 1965, §19-46-19-48; Ord. No. 1447, 6-7-65; Ord. No.
2096, 4-1-75; Code 1991, §70.33)
Cross reference(sF-Penalty, §70.99.
State law reference(s)-Signal legend, A.C.A. §27-52-
107; Flashing Signals, A.C.A. §27-52-108; Arrangement of
signals, A.C.A.§27-52-205.
70.34 Unauthorized Signs, Signals, Or
Devices
(A) No person shall place, maintain or display upon
or in view of any street or highway any
unauthorized sign, signal, marking or device
which purports to be or is an imitation of or
resembles an official traffic control device or
railroad sign or signal, or which attempts to direct
the movement of traffic, or which hides from view
or interferes with the effectiveness of any official
traffic control device or any railroad sign or
signal, and no person shall place or maintain nor
shall any city officer permit upon any street or
highway any traffic sign or signal bearing thereon
any commercial advertising. This shall not be
deemed to prohibit the erection upon private
property adjacent to streets or highways of signs
giving useful directional information or of a type
that cannot be mistaken for official signs.
(B) Every such sign, signal, marking or device
prohibited by this section is hereby declared to be
a public nuisance and the chief of police is
hereby empowered to remove the same or cause
it to be removed without notice.
(Code 1965. §19-49; Ord. No. 1447. 6-7-65; Code 1991,
§70.34)
Cross reference(s)-Penalty, §70.99.
State law reference(s)-Unauthorized signs, eta,
prohibited - Removal, A.C.A. §27-52-109.
70.35 Altering, Damaging Or Removing
Devices
(A) Pursuant to A.CA §27-52-101(a), no person
shall, without lawful authority, attempt to or in fact
alter, deface, mutilate, injure, knock down,
destroy or remove any official traffic -control
0
CD70:9
device, road marker, lighting equipment or any
.railroad crossing sign or signal, or any inscription,
shield or transcription thereon or any part thereof.
(B) The penalty for violation of this section shall be
asset forth in A.C.A. §27-52-101(b).
(Code 1965, §19-50; Ord. No. 1447, 6-7-65; Code 1991,
§70.35)
Cross references).Penalty,§70.99.
State few reference(s)-Penalty for interference with
highway or railroad sign, eta, A.CA. §27-52-101.
70.36-70.49 Reserved
ARTICLE III
ENFORCEMENT PROCEDURES
70.50 Forms And Records Of Citations
And Arrests
The city shall provide books to include traffic citation
forms for notifying alleged violators to appear and
answer to charges of violating traffic laws and
ordinances in the district court. The officer in charge
of traffic shall issue such books for the chief of police
or his duly authorized agent and shall maintaina
record of every book so issued. The chief of police
shall be responsible for the issuance of such books to
individual members of the police department. The
chief of police shall maintain a record of every such
book and each set of citations contained therein.
(Code 1965, §19-264; Ord. No. 1447, 6-7-65; Code 1991,
§70.50)
70.51 Procedures Of Police Officers
Except when authorized or directed under state law to
immediately take a person -before a magistrate for the
violation of any traffic laws, a police officer who halts
a person for such violation other than for the purpose
of giving him a warning or warring notice and who
does not take such person into custody under arrest,
shall take the name, address, the registration number
of the motor vehicle involved, and such other.
pertinent information as may be necessary, and shall
issue to him in writing on a form provided by the city,
a traffic citation containing a notice to answer to the
charge against him in the Fayetteville District Court at
a time to be specified in said citation.
(Code 1965, §19-265; Ord. No. 1447, 6-7-65; Code 1991,
§70.51)
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TITLE VII TRAFFIC CODE
'Note: Act 1693 of 2001, Section 1, (a) changes the collected by the police chief or his/her deputies
name of municipal court to district court. Therefore the when serving a city warrant, without the necessity
name has been changed throughout the Code of Ordinance of amending this ordinance.
to comply with the legislative act by this codifier.
70.52 When Citation Deemed Lawful
Complaint
In the event the form of citation provided for in this
article includes information and is sworn to as
required under the general laws of the state in respect
to a complaint charging commission of the offense
alleged in said citation to have been committed, then
such citation, when filed with the district court, shall
be deemed to be a lawful complaint for the purpose of
prosecution under this title.
(Code 1965, §19-266; Ord. No. 1447, 6-7-65; Code 1991,
§70.52)
70.53 Citation For Illegally Parked
Vehicle
Whenever any motor vehicle without driver is found
parked or stopped in violation of any of the restrictions
imposed by this title, the officer finding the vehicle
shall take its registration number and may take any
other information displayed on the vehicle which may
identify its user, and shall conspicuously affix to such
vehicle a traffic citation, on a form provided by the
city, for the driver or registered owner to answer the
charge against him during the hours and at a place
specified In the citation.
(Code 1965, §19-267; Ord. No. 1447, 6-7-65; Code 1991
§70.53)
70.54 When Warrant To Be Issued
In the event any person fails to comply with a traffic
citation given to him/her or attached to a vehicle
belonging to him/her or fails to make appearance
pursuant to a summons directing an appearance in
district court, or if any person fails or refuses to
deposit bail as required and within the time permitted
by ordinance, the clerk of the district court shall
secure and issue a warrant for his/her arrest.
(A) The chief of police and any other Fayetteville law
enforcement officer under the direction of the
Chief of Police of Fayetteville, Arkansas are
authorized to collect the fee allowed to sheriffs
under A.C.A. §21-6-307 when such Fayetteville
officers serve a city warrant, and pursuant to
A.C.A. §14-52-202, all fees collected by the
police chief and his/her deputies for serving
warrants shall be paid over to the city treasury.
(B) Such fee currently authorized is $25.00, and in
the event the fee is amended, the amended
amount allowed under A.C.A. §21-6-307 shall be
(C) Warrant service fees shall be assessed and
collected by the court upon conviction.
(Code 1965, §19-268; Ord. No. 1447, 6-7-65; Ord. No. 4155,
4-6-99; Code 1991, §70.54)
State law relerence(s)-Powers and duties of police
chiefs, A.C.A. §14-52-202; Sheriffs, A.C.A.§21-6-307.
70.55 Payment Of Fine Or Appearance In
Court
(A) The judge of the district court shall designate the
specified offenses under the traffic ordinances of
the city and the state traffic laws in respect to
which payments of fines may be accepted by the
city in satisfaction thereof, and shall specify by
suitable schedules the amount of such fines for
first, second, and subsequent offenses, provided
such fines are within the limits declared by law or
ordinance, and shall further specify what number
of such offenses shall require appearance before
the district judge and the required amount of bail
for such offenses.
(B) Any person charged withanoffense for which
payment of a fine may be made to the
appropriate city official shall have the option of
paying such fine, within the time specified in the
notice of arrest, to the appropriate city official,
upon entering a plea of guilty and upon waiving
appearance in court, or of depositing the required
lawful bail and, upon a plea of not guilty, he shall
be entitled to a trial as authorized by law. The
payment of a fine to the appropriate city official
shall be deemed an acknowledgment of
conviction of the alleged offense.
(C) When a person charged with a traffic violation
elects to pay the fine as authorized by this
section, the appropriate city official shall accept
the designated fine, issue a receipt therefor and
represent the violator in court-
(D) The appropriate city official shall receive and
issue receipts for cash bail from the persons
charged with traffic violations who must or wish to
be heard in court, enter the time of their
appearance on the court docket, and notify the
arresting officer and witnesses, if any, to be
present
CD70:10
(Code 1965, §19-269; Ord. No. 1207, 6-23-59; Code 1991,
§70.55)
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TITLE VII TRAFFIC CODE
70.56 Disposition Of Record Of Citations,
Warrants And Complaints
The following rules shall govern the disposition of
traffic records:
(A) Every police officer upon issuing a traffic citation
to an alleged violator of any provision of the
motor vehicle laws of this state or of any traffic
ordinance shall deposit the original and a
duplicate copy of the citation at the direction of
the chief of police, who shall cause the original to
be delivered to the district court and said
duplicate copy to the central records section of
the police department.
(B) Upon the filing of such original citation in the
district court of this city as aforesaid, said citation
maybe disposed of only by trial in said court or by
other official action, including forfeiture of bail or
by payment of a fine to the traffic violation bureau
of said court.
(C) The chief of police shall also maintain or cause to
be maintained, in connection with every traffic
citation issued by a member of the police
department, a record of the disposition of the
charge by the district court or its traffic violation
bureau.
(D) The chief of police shall also maintain or cause to
be maintained a record of all warrants issued by
the district court on said traffic violation charges
and which are delivered to the police department
for service, and of the final disposition of all such
warrants.
(E) It shall be unlawful and official misconduct for any
member of the police department or other officer
or public employee to dispose of, alter or deface
a traffic citation or any copy thereof, or the record
of the issuance or disposition of any traffic
citation, complaint or warrant in a manner other
than as required by this section; provided,
however, that nothing in this section shall prevent
the city attorney from changing the charge in a
citation.
(Code 1965, §19-270; Ord. No. 1447, 6-7-65: Code 1991,
§70.56)
70.57 Illegal Cancellation Of Citations
It shall be unlawful for any person to cancel or solicit
the cancellation of any traffic citation in any manner
other than as provided in this title.
(Code 1965, §19-271; Ord. No. 1447, 6-7-65; Code 1991,
§70.57)
Cross reference(s)—Penalty, §70.99
70.58 Audit Of Records Of Citations,
Complaints And Warrants
Every record of traffic citations, complaints thereon,
and warrants issued therefor required in this article
shall be audited by a firm of independent certified
public accountants at the time of the general city
audit. Reports of said audit shall be public records.
For the purpose of this section, said audit accountants
shall have access at all times to all necessary
records, files and papers of the district court, its traffic
violations bureau and the police department.
(Code 1965, §19-272; Ord. No. 1447, 6-7-65; Code 1991,
§70.58)
70.59 Records And Reports Of Violations
By District Court
(A) The district court shall keep or cause to be kept a
record of every traffic complaint, traffic citation, or
other legal form of traffic charge deposited with or
presented to said court, and shall keep a record
of every official action by said court in reference
thereto, including but not limited to a record of
every conviction, forfeiture of the amount of fine
or forfeiture resulting from bail, judgment of
acquittal, and every traffic complaint or citation
deposited with or, presented to said court The
district court shall make reports to the state office
of driver services in accordance with law.
(B) The appropriate city official shall keep an easily
accessible record of all traffic violations of which
each person has been guilty during the preceding
12 months, whether such guift was established in
the court or by a plea of guilty, waiver of
appearance and payment of fine to the
appropriate city official. The appropriate city
official shall also keep records and submit
summarized monthly reports to the judge of the
district court of all notices issued and arrests
made for violation of the traffic laws and
ordinances of this city and of all the fines
collected by him, and of the final disposition or
present status of every case of violation of the
provisions of such laws and ordinances. Such
records shall be so maintained as to show all
types of violations and the totals of each. Such
records shall be public records.
(Code 1965, Sec. 19-273; Ord. No. 1207, 6-23-59; Ord. No.
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TITLE VII TRAFFIC CODE
1447. 6-7-65; Code 1991, §70.59)
70.60 Records Of Violations To Be Kept
By Police Department
The police department shall keep a record of all
violations of the traffic ordinances of this city or of the
state vehicle laws of which any person has been
charged, together with a record of the final disposition
of all such alleged offenses. Such record shall be
maintained as to show types of violations and the total
of all such alleged offenses. Such records shall be
maintained as to show all types of violations and the
total of each. All such records shall be kept for a
period of at least five years. All forms of records of
violations and notices of violations shall be serially
numbered. For each month and year a written record
shall be kept available to the public showing the
disposal of all such forms. All records and reports
shall be public records.
(Code 1965, §19-274; Ord. No. 1447, 6-7-65; Code 1991,
§70.60)
70.61 Disposition Of Fines And
Forfeitures
All fines and forfeitures collected upon conviction or
upon the forfeiture of bail of any person charged with
a violation of any of the provisions of this title shall be
paid over to the clerk/treasurer in accordance with the
procedure established by state law.
(Code 1965, §19-275; Ord. No. 1447, 6-7-65; Code 1991,
§70.61)
70.62-70.97 Reserved
70.98 Violations Declared Misdemeanors
It is a misdemeanor for any person to violate any
provisions of this title unless such violation is, by this
title or law of this state declared to be a felony.
(Code 1965, §19-263(a); Ord. No. -1447, 6-7-65; Ord. No.
2219, 5-4-76; Code 1991. §70.98)
70.99 Penalty
Unless another penalty is in this title or by the laws of
this state provided, every person convicted of a
misdemeanor for the violation of any provision of this
title shall be punished as set forth in §10.99 for each
offense.
(Code 1965, §19-263(b); Ord. No. 1447, 6-7-65; Ord. No.
2219. 5-4-76; Code 1991, §70.99)
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ARTICLE 1 OPERATION GENERALLY
71.001
OPERATOR'S OR CHAUFFEUR'S LICENSE REQUIRED............................................................
5
71.002
RIDING ON PORTION OF VEHICLE NOT INTENDED FOR
PASSENGERS ................................
5
71.003 BOARDING OR ALIGHTING FROM MOVING VEHICLES ...................
71.004 RIDING ON MOTORCYCLES................................................................
71.005 DUTY TO DRIVE ON RIGHT HALF OF ROADWAY .............................
71.006 PASSING VEHICLE PROCEEDING IN OPPOSITE DIRECTION.........
71.007 PASSING VEHICLE PROCEEDING IN SAME DIRECTION .................
71.008 PASSING ON THE RIGHT.....................................................................
71.009 PASSING ROTARY TRAFFIC ISLAND .................................................
71.010 DRIVING ON ROADWAYS LANED FOR TRAFFIC ..............................
71.011 ONE-WAY STREETS AND ALLEYS ..............
5
5
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5
5
6
6
6
7
71.012 PROCEDURE UPON APPROACH OF AUTHORIZED EMERGENCY VEHICLE .......................... 7
71.013 DIMMING OF LIGHTS ON APPROACHING ANOTHER VEHICLE ................................................ 7
71.014 RIGHT-OF-WAY AT INTERSECTIONS........................................................................................... a
71.015 OPENING VEHICLE DOOR ON TRAFFIC SIDE............................................................................. 8
71.016-71.029 RESERVED......................................................................................................................... 8
ARTICLE II REQUIRED STOPS
71.030 STOP AND YIELD INTERSECTIONS............................................................................................. 8
71.031 STOP REQUIRED WHEN EMERGING FROM ALLEY, PRIVATE ROAD OR DRIVEWAY ........... 9
71.032 STOP REQUIRED WHEN APPROACHING STOPPED SCHOOL BUS ......................................... 9
71.033-71.049 RESERVED
ARTICLE III TURNING MOVEMENTS
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71.050 TURNS TO BE MADE SAFELY; HORN TO BE SOUNDED........................................................... 9 }
71.051 METHOD OF TURNING AT INTERSECTIONS............................................................................. 10
71.052 "U" TURNS.................................................................................................................................. 1011
71.053 TURNING AND STOPPING SIGNALS.......................................................................................... 10
71.054-71.064 RESERVED........................................................................................................................ 10
ARTICLE IV SPEED REGULATIONS
71.065 GENERAL SPEED RESTRICTIONS............................................................................................. 10
71.066 RACING PROHIBITED................................................................................................................... 11
71.067 MINIMUM SPEED REGULATION................................................................................................. 11
71.068-71.079 RESERVED........................................................................................................................ 11
ARTICLE V GRADE CROSSINGS
71:080 DUTY TO STOP AT RAILROAD CROSSINGS............................................................................. 11
71.081 HAZARDOUS CROSSINGS.......................................................................................................... 12 •
71.082-71.094 RESERVED........................................................................................................................ 12
ARTICLE VI CARELESS, RECKLESS OR IMPAIRED OPERATION
71.095 CARELESS DRIVING....................................................................................................................
12
71.096 RECKLESS DRIVING....................................................................................................................
12
71.097-71.109 RESERVED........................................................................................................................12
ARTICLE VII PROHIBITED ACTS
71.110 SPILLING OF VEHICLE LOADS...................................................................................................12
71.111 PLACING INJURIOUS SUBSTANCES ON STREETS.................................................................13
71.112 OBSTRUCTION OF DRIVER'S VIEW OR CONTROL..................................................................13
71.113 DRIVING THROUGH SAFETY ZONE PROHIBITED....................................................................13
71.114 DRIVING IN SIDEWALK AREA.....................................................................................................13
71.115 RESERVED....................................................................................................................................13
CD71:2 •
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71.116 COASTING..................................................................................................................................... 13
71.117 FOLLOWING TOO CLOSELY.......................................................................................................13
71.118 FOLLOWING FIRE APPARATUS OR DRIVING NEAR SCENE OF FIRE; DRIVING OVER FIRE
HOSE............................................................................................................................................. 14
71.119 TURNING OFF LIGHTS TO AVOID ARREST OR IDENTIFICATION ................... P.&.................... 14
71.120-71.132 RESERVED........................................................................................................................14
ARTICLE VIII EQUIPMENT REQUIREMENTS AND REGULATIONS
71.133 GENERAL EQUIPMENT REQUIREMENTS.................................................................................. 14
71.134 VEHICLE LIGHTS REQUIRED...................................................................................................... 14
71.135 LIGHT OR FLAG FOR PROJECTING LOADS............................................................................. 15
71.136 SIGNS AND STICKERS ON VEHICLE WINDSHIELD OR WINDOWS........................................15
71.137-71.149 RESERVED........................................................................................................................ 15
ARTICLE IX ACCIDENTS
• 71.150 ACCIDENT REPORTS...................................................................................................................15
71.151 LEAVING THE SCENE OF AN ACCIDENT................................................................................... 15
71.152 ACCIDENT STUDIES.....................................................................................................................16
71.153-71.164 RESERVED........................................................................................................................16
ARTICLE X TRUCKS, HEAVY EQUIPMENT AND OVERSIZE VEHICLES
71.165 RESTRICTION ON OPERATION OF TRUCKS............................................................................16
71.166 HEAVY EQUIPMENT CROSSING RAILROADS..........................................................................16
71.167 VEHICLES TRANSPORTING HOUSES AND OTHER STRUCTURES........................................16
71.168-71.998 RESERVED....................................................................................................................... 17
71.999 PENALTY....................................................................................................................................... 17
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TITLE VII TRAFFIC CODE
CHAPTER 71: TRAFFIC RULES
ARTICLE I
OPERATION GENERALLY
71.001 Operator's Or Chauffeur's License
Required
No person shall operate a motor vehicle upon the
streets or alleys of the city unless such person has a
valid license as an operator or chauffeur as required by
the laws of the State of Arkansas.
(Code 1965, §19-61; Ord. No. 1447, 6-7-65; Code 1991,
§71.001)
Cross reference(s)-Penalty,§71.999.
State law reference(s)-Driver's license required, A.C.A.
§27-16-602.
71.002 Riding On Portion Of Vehicle Not
Intended For Passengers
No person shall ride on any vehicle upon any portion
thereof not designed or intended for the use of
passengers. This provision shall not apply to an
employee engaged in the necessary discharge of a
duty or to persons riding within truck bodies in space
intended for merchandise.
(Code 1965, §19.16; Ord. No. 1447, 6-7-65; Code 1991,
§71.002)
Cross reference(s)-Penalty,§71.999.
71.003 Boarding Or Alighting From
Moving Vehicles
No person shall board or alight from any vehicle while
same is in motion.
(Code 1965, §19-17; Ord. No. 1447. 6-7-65; Code 1991,
§71.003)
Cross reference(s)—Penalty, §71.999.
71.004 Riding On Motorcycles
A person operating a motorcycle shall ride only upon
permanent and regular seat attached thereto, and such
operator shall not carry any other person, nor shall any
other person ride on a motorcycle unless such
motorcycle is designed to carry more than one person,
in which event a passenger may ride upon the
permanent and regular seat, if designed for two
persons, or upon another seat to the rear of the
operator.
(Code 1965. §19-19; Ord. No. 1447, 6-7-65; Code 1991,
1
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CD71:5
§71.004)
Cross reference(s)—Penalty, §71.999.
71.005 Duty To Drive On Right Half Of
Roadway
Upon all roadways of sufficient width, a vehicle shall
be driven upon the right half of the roadway, except
as follows:
(A) When overtaking and passing another vehicle
proceeding in the same direction under the rules
governing such movement;
(B) When the right half of a roadway is closed to traffic
while under construction or repair;
(C) Upon a roadway divided into three marked lanes
for traffic under the rules applicable thereon; or
(D) Upon a roadway designated and sign posted for
one-way traffic.
(Code 1965, §19-63; Ord. No. 1447, 6-7-65; Code 1991,
§70.005)
Cross reference(s)—Penalty, §71.999.
State law refenmce(s)-Vehicles to be drtven on rightside
Of roadway- Exceptions, A.C.A. §27-51-301.
71.006 Passing Vehicle Proceeding In
Opposite Direction
Drivers of vehicles proceeding in opposite directions
shall pass each other to the right and, upon roadways
having width for not more than one line of traffic in each
direction, each driver shall give to the other at least
one-half of the main traveled portion of the roadway as
nearly possible.
(Code 1965, §19-64; Ord. No. 1447, 6-7-65; Code 1991.
§71.006)
Cross reference(s)—Penalty, §71.999.
State law references) -Passing a vehicle proceeding in
opposite. direction, ACA §27-51-303.
71.007 Passing Vehicle Proceeding In
Same Direction
(A) Except as otherwise provided in this chapter.
(1) The driver of a vehicle overtaking another
vehicle proceeding in the same direction shall
pass to the left thereof at a safe distance and
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TITLE VII TRAFFIC CODE
shall not again drive to the right side of the A.C.A. §27-51-306; Restrictions on passing overtaken vehicle
roadway until safely clear of the overtaken on left, A.C.A. §27-51-307.
vehicle.
71.008 Passing On The Right
(2) Except when overtaking and passing on the
right is permitted, the driver of an overtaken (A) The driver of a vehicle may overtake and pass
vehicle shall yield to the right in favor of the upon the right of another vehicle only under the
overtaking vehicle on audible signal and shall following conditions:
not increase the speed of his vehicle until
completely passed by the overtaking vehicle. (1) When the vehicle overtaken is making or
about to make a left turn. .
(3) No vehicle shall be driven to the left side of
the center of the roadway in overtaking and (2) Upon a street or highway with unobstructed
passing another vehicle proceeding in the pavement not occupied by parked vehicles of
same direction unless such left side is clearly sufficient width for two or more lines of moving
visible and is free of oncoming traffic for a vehicles in each direction.
sufficient distance ahead to permit such
overtaking and passing to be completely made (3) Upon a one-way street, or upon any roadway
without interfering with the safe operation of on which traffic is restricted to one direction of
any vehicle approaching from the opposite movement, where the roadway is free from
direction or any vehicle overtaken. In every obstructions and of sufficient width for two or
event, the overtaking vehicle must return to more lines of moving vehicles.
the right-hand side of the roadway before
coming within 100 feet of any vehicle (B) The driver of a vehicle may overtake and pass
approaching from the opposite direction. another vehicle upon the right only under
conditions permitting such movement in safety. In
(B) Circumstances under which passing is prohibited. no event shall such movement be made by driving =�
No vehicle shall, in overtaking and passing another off the pavement or main -traveled portion of the
vehicle or at any other time, except upon a one- roadway. -
way roadway, be driven to the left side of the
roadway under the following conditions: (Code 1965, §19-67; Ord. No. 1447, 6-7-65; Code. 1991,
§71.008)
(1) When approaching the crest of a grade or
upon a curve in the highway where the Cross references} -Penalty, §71.999.
drivers view along the highway is Slate law reference(s)-Conditions when overtaking on
obstructed; right, A.C.A. §27-51-308.
(2) When approaching within 100 feet of or
traversing any intersection or railroad 71.009 Passing Rotary Traffic Island
grade crossing; A vehicle passing around a rotary traffic island shall be
driven only to the right of such island.
(3) When the view is obstructed upon
approaching within 100 feet of any bridge, (Code 1965, §19-71; Ord. No. 1447, 6-7-65; Code 1991,
viaduct, or funnel; §71.009)
(4) Where official signs are in place directing
that traffic keep to the right, or a
distinctive centerline is marked, which
distinctive line also directs traffic as
declared in the sign manual adopted by
the stale highway commission.
(Code 1965, §§l9-65, 19-66; Ord. No. 1447, 6-7-65; Code
1991, §71.007)
Cross reference(s)-Penalty, §71.999.
State law reference(s)-Overtaking of vehicle on left,
CD71:6
Cross reference(s) -Penalty, §71.999.
State law reference(s)-One-way roadways and rotary
traffic islands, A.CA §27-51-304(b).
71.010 Driving On Roadways Laned For
Traffic
Whenever any roadway has been divided into two or
more clearly marked lanes for traffic, the following rules,
in addition to all other consistent herewith, shall apply:
(A) A vehicle shall be driven as nearly as practical
entirely within a single lane and shall not be moved
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from such lane until the driver has first ascertained
that such movement can be made with safety.
(B) Official signs may be erected directing slow moving
traffic to use a designated lane or allocating
specified lanes to traffic moving in the same
direction and drivers of vehicles shall obey the
direction of every such sign.
(Code 1965, §19-72; Ord. No. 1447, 6-7-65; Code 1991,
§71.010)
Cross reference(s)-Penalty,§71.999.
State law reference(s)-Driving on roadways laned for
traffic, AC -A. §27-51-302.
71.011 One -Way Streets And Alleys
(A) The traffic superintendent is hereby authorized to
determine and designate one-way streets and
alleys and the traffic superintendent shall place
and maintain signs giving notice thereof, and no
such regulations shall be effective unless such
signs are in place. Signs indicating the direction of
lawful traffic movement shall be placed at every
intersection where movement of traffic in the
opposite direction is prohibited.
(B) Upon those streets and parts of streets and in
those alleys designated one-way, vehicular traffic
shall move only inthe indicated direction when
signs indicating same are duly placed.
(C) The traffic superintendent is authorized to
determine and designate streets, parts of streets or
specific lanes upon which vehicular traffic shall
proceed in one direction during one period of the
day and theopposite direction during another
period of the day, and shall place and maintain
appropriate markings, signs, barriers or other
devices to give notice thereof. The traffic
superintendent may erect signs temporarily
designating lanes to be used by traffic moving in a
particular direction, regardless of the centerline of
the roadway. It shall be unlawful for any person to
operate any vehicle in violation of such markings,
signs, barriers, or other devices so placed in
accordance with this section.
(Code 1965, §§19-73-19-75; Ord. No. 1447, 6-7-65; Code
1991. §71.011)
Cross reference(s)-Penalty, §71.999.
State law reference(s)-One-x y roadways and rotary
traffic islands, ACA §27-51-304(a).
CD71:7
71.012 Procedure Upon Approach Of
Authorized Emergency Vehicle
(A) Upon the immediate approach of an authorized
emergency vehicle, when the driver is giving
audible signal by siren, exhaust whistle or bell, the
driver of every other vehicle shall yield the right-of-
way and shall immediately drive to a position
parallel to and as close as possible to the right-
hand edge or curb of the street or highway, clear of
any intersection, and shall stop and remain in such
.position until the authorized emergency vehicle has
passed, except when otherwise directed by a
police officer.
(B) This section shall not operate to relieve the driver
of an authorized emergency vehicle from the duty
to drive with due regard for the safety of all persons
using the street or highway.
(Code 1965, §19-82; Ord. No. 1447, 6-7-65; Code 1991,
§71.012)
.Cross reference(s)-Penalty, §71.999.
State law reference(s)-Operaoon of vehicles and
streetcars on approach of authorized emergency vehicles,
A.C.A. §27-51-901.
71.013 Dimming Of Lights On
Approaching Another Vehicle
(A) Whenever a motor vehicle is being operated on a
roadway or shoulder adjacent thereto during the
times specified in A.CA. §27-3(i-204, the driver
shall use a distribution of light, or composite beam,
directed high enough and of sufficient intensity to
reveal persons and vehicles at a safe distance in
advance of the vehicle, subject to the following
requirements and limitations:
(1) Whenever a driver of a vehicle approaches an
oncoming vehicle within 500 feet, the driver
shall use a distribution of light, or composite
beam so aimed that the glaring rays are not
projected into the eyes of the oncoming driver,
(2) The lowermost distribution of light, or
composite beam, specified in A.C.A. §27-36-
210(b)(2) shall be deemed to avoid glare at all
times regardless of road contour and loading.
(B) Whenever the driver of a vehicle follows another
vehicle within 200 feet to the rear, except when
engaged in the act of overtaking and passing, the
driver shall use a distribution of light permissible
under A.C.A. §27-36-211(2), other than the
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TITLE VII TRAFFIC CODE
uppermost distribution of light specified in A.C.A, Cross reference(s)-Penalty, §71.999.
§27-36-210(b)(1).
State law reference(s)-Opening door on traffic side,
(Code 1965, §19-92; Ord. No. 1447, 6-7-65; Code 1991, A.CA.§27-51-1307.
§71.013)
71.016-71.029 Reserved
Cross reference(s)-Penalty, §71.999. .
State law references) -When lighted lamp required, ARTICLE II
A.C.A. §27-36-204; Multiple -beam road lighting equipment,
A.C.A. §27-36-210; Use of multiple -beam road lighting REQUIRED STOPS
equipment, A.C.A. §27-36-211(2).
71.014 Right -Of -Way At Intersections 71.030 Stop And Yield Intersections
(A) The traffic superintendent shall designate
(A) The driver of a vehicle approaching an intersection intersections at which preferential right-of-way may
shall yield the right-cf-way to a vehicle which has be indicated by stop signs or yield signs. - entered the intersection from a different street or
highway. (1) Every stop sign and every yield sign shall be
B When two vehicles enter an intersection from erected as near as practicable to the nearest
( ) line of the crosswalk on the near side of the
different streets or highways at the same time, the intersection or, if there is no crosswalk, then
driver of the vehicle on the left shall yield the right- as near as practicable to the nearest line of
of -way to the vehicle on the right. These rules are the intersection roadway.
modified at through highways and otherwise as
stated in this traffic code. (2) Every stop sign shall bear the word "stop" in
letters not less than eight inches in height.
(C) The driver of a vehicle within an intersection Every yield sign shall bear the word "yield" in
intending to turn to the left shall yield the right -of- letters not less than seven inches in height. •
way to any vehicle approaching from the opposite Every stop sign and every yield sign shall, at
direction which is within the intersection or so close nighttime, be rendered luminous by internal
_ thereto as to constitute an immediate hazard, but illumination or by a flood light projected on the
such driver, having so yielded and having given a face of the sign or by efficient reflecting
signal when and as required by this chapter, may elements in the face of the sign.
make such left turn after all other vehicles
approaching the intersection which constitute an (3) Except when directed to proceed by a police
immediate hazard shall have cleared the officer ortraFfic control signal, every driverof a
intersection. vehicle approaching a stop intersection
(Code 1965, §19-76; Ord. No. 14a7, s-7-65; Code 1991, indicated by a stop sign shall stop before
§71 014) entering the crosswalk on the near side of the
intersection. In the event there is no
Cross references) -Penalty, §71.999. crosswalk, the driver shall stop at a clearly
marked stop line, -but if none, then at the point
State law reference(s)-Vehicles approaching or entering nearest the intersecting roadway where the
intersection, A.CA §27-51-501; Vehicle turning left at driver has a view of approaching traffic on the
intersection, A.C.A. §27-51-502. intersecting roadway before entering the
intersection.
71.015 Opening Vehicle Door On Traffic
Side (4) The driver of a vehicle approaching a yield
No person shall open the door of a motorvehicle on the sign, if required for safety to stop, shall stop
side available to moving traffic, unless and until it is before entering the crosswalk on the near side
of the intersection. In the event there is no
reasonable and safe to do so, nor shall any person
leave a door open on the side of a vehicle available to crosswalk, the driver shall stop a clearly
a
moving traffic for a period of time longerthan necessary marked stop line, but if none, then at the point
to load or unload passengers. nearest the intersecting roadway where the
driver has a view of approaching traffic on the
(Code 1965, §19-111; Ord. No. 1447, 6-7-65; Code 1991, intersecting roadway.
§71.015)
(B) Preferential right-of-way at an intersection may be
CD71:8•
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TITLE VII TRAFFIC CODE
indicated by stop signs or yield signs as authorized
by subsection (A) above.
(1) Except when directed to proceed by a police
officer or traffic control signal, every driver of a
vehicle approaching a stop intersection
indicated by a stop sign shall stop as required
by subsection (A) above and after having
stopped, shall yield the right-of-way to any
vehicle which has entered the intersection
from another highway or which is approaching
so closely on the highway as to constitute an
immediate hazard. The driver having so
yielded may proceed, the drivers of all other
vehicles approaching the intersection shall
yield the right-of-way to the vehicle so
proceeding.
(2) The driver of a vehicle approaching a yield
sign shall in obedience to such sign, slow
down to a speed reasonable for the existing
conditions, or shall stop if necessary as
provided in subsection (A) above and shall
yield the right-of-way to any pedestrian legally
crossing the roadway on which he is driving.
The driver shall also yield to any vehicle in the
intersection or approaching on another
highway so closely as to constitute an
immediate hazard. A driver having so yielded
may proceed, and the -drivers of all other
vehicles approaching the intersection shall
yield to the vehicles so proceeding.
(3) If a driver is involved with a pedestrian in a
crosswalk or a vehicle in the intersection after
driving past a yield sign without stopping, the
collision shall be deemed prima facie
evidence of his failure to yield right-of-way.
(Code 1965, §19-113; Ord. No. 1447. 6-7-65; Code 1991,
§71.030)
Cross reference(s)—Penalty,§71.999.
State law reference(s)-Stop signs and yield signs, A.C.A.
§27-51-601; Vehicle or streetcar entering stop or yield
intersection, A.C.A. §27-51.503,
71.031 Stop Required When Emerging
From Alley, Private Road Or Driveway
In accordance with A.C.A. §§ 27-51-602 and 27-51-603,
the driver of a vehicle emerging from an alley, private
road, driveway or building shall stop such vehicle
immediately prior to driving onto a sidewalk or into the
sidewalk area extending across any alleyway or private
driveway, and shall yield the right-of-way to pedestrians
and to vehicles approaching on the street.
CD71:9
(Code 1965, §19-114: Ord. No. 1447. 6-7-65: Code 1991,
§71.031)
Cross reference(s)—Penalty, §71.999.
State law referenee(s)-Stop before driving across
sidewalk, A.C.A. §27-51-602; Yield on entering highway from
private road, A.C.A. §27-51-603,.
71.032 Stop Required When Approaching
Stopped School Bus
When any school bus vehicle stops, every operator of a
motor vehicle or motorcycle approaching the same from
any direction shall bring such motor vehicle to a full
stop before proceeding in any direction and, in the
event such school bus vehicle is receiving and/or
discharging passengers, the operator of such motor
vehicle or motorcycle shall not start up or attempt to
pass in any direction until such school bus vehicle has
finished receiving and/or discharging its passengers.
(Code 1965, §19-115: Ord. No. 1447, 6-7-65; Code 1991,
§71.032)
Cross references) -Penally, §71.999.
State law reference(s)-Passing when stopped prohibited,
A.C.A. § 27-51-1004.
71.033-71.049 Reserved
ARTICLE III
TURNING MOVEMENTS
71.050 Turns To Be Made Safely; Horn To
Be Sounded
(A) No person shall turn a vehicle from a direct course
upon a street or highway unless and until such
movement can be made with reasonable safety
and then only after giving a clearly audible signal
- by sounding the horn if any pedestrian may be
affected by such movement or after giving an
appropriate signal in the manner set forth in
subsection (B) in the event any other vehicle may
be affected by the movement.
(B) A signal of intention to turn right or left shall be
given continuously during not less than 100 feet
traveled by the vehicle before turning.
(Code 1965, §19-77; Ord. No. 1447, 6-7-65; Code 1991,
§71.050)
Cross reference(s}Penalty, §71.999.
State law reference(s)-Signals for turning, stopping, or
decreasing speed required, A.C.A. §27-51403.
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TITLE VII TRAFFIC CODE
71.051 Method Of Turning At
Intersections
The driver of a vehicle intending to turn at an
intersection shall do so as follows:
(A) Both the approach for a right turn and a right turn
shall be made as close as practical to the right-
hand curb or edge of the roadway.
(B) The approach for a left turn shall be made in that
portion of the right half of the roadway nearest the
centerline thereof and,. after entering the
intersection the left turn shall be made so as to
leave the intersection to the right of the centerline
of the roadway being entered.
(C) The approach for a left turn from a two-way street
into a one-way street shall be made in that portion
of the right one-half of the roadway nearest the
centerline and by passing to the right of such
centerline where it enters the intersection. A left
turn from a one-way street into a two-way street
shall be made by passing to the right of the
centerline of the street being entered upon leaving
the intersection.
(Code 1965, §19-78: Ord. No. 1447, 6-7-65; Code 1991,
§71.051)
Cross reference(s)-Penalty, §71.999.
State law reference(s)-Tuming at intersections, A.C.A.
§27-51-401.
71.052 "U" Turns
No vehicle shall be turned so as to proceed in the
opposite direction on any street, except at an
intersection, and such turn shall be made then only if
traffic is not controlled at such intersection by a traffic
control signal.
(Code 1965, §19-79; Ord. No. 1447, 6-7-65; Code 1991,
§71.052)
Cross reference(s)--Penalty, §71.999.
State law reference(sy-Tuming on curve or crest of
grade prohibited, A.O.A.§27-51-402.
71.053 Turning And Stopping Signals
traveled by the vehicle before turning.
(B) No person shall stop or suddenly decrease the
speed of a vehicle without first giving an
appropriate signal in the manner provided in this
chapter to the driver of any vehicle immediately to
the rear, when there is opportunity to give such
signal.
(C) Any stop or turn signal, when required, shall be
given either by means of the hand and arm or by
signal lamps; provided that, any motor vehicle in
use on a street or highway shall be equipped with,
and the required signal shall be given by, signal
lamps, when the distance from thecenterof the
top of the steering post to the left outside limit of
the body, cab or load of such motor vehicle
exceeds 24 inches, or when the distance from the
center of the top of the steering post to the rear
limit of the body or load thereof exceeds 14 feet.
The latter measurement shall apply to any single
vehicle and to any combination of vehicles.
(D) All signals required by this section given by hand
and arm shall be given from the left side of the
vehicle in the following manner and such signals
shall indicate as follows:
(1) Left turn. Hand and arm extended
horizontally.
(2) Right turn. Hand and arts extended upward.
(3) Stop or decrease of speed. Hand and arm
extended downward.
(Code 1965, §19-81; Ord. No. 1447, 6-7-65; Code 1991.
§71.053)
Cross reference(s)-Penally, §71.999.
State law reference(s) -Signals for turning, stopping, or
decreasing speed required, A.CA. §27-51-403; Signals to stop
or sign, A.CA §27-51-404; Hand and arm signals, A.CA. §27-
51-405.
71.054-71.064 Reserved
ARTICLE IV
SPEED REGULATIONS
(A) No person shall turn a vehicle from a direct course 71.065 General Speed Restrictions
upon a street or highway without giving an
appropriate signal, in the event any other vehicle (A) No person shall drive a vehicle on any street or
may be affected by such movement. A signal of highway in the city at a speed greater than is
intention to turn right or left shall be given -reasonable and, prudent under the conditions then
continuously during not less than the last 100 feet existing.'
CD71:10
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TITLE VII TRAFFIC CODE
(B) Where no special hazard exists, the following
speeds shall be lawful, but any speed in excess of
such limits shall be prima facie evidence that the
speed is not reasonable or prudent and that it is
unlawful:
(1) Twenty miles per hour in any business district.
(2) Twenty-five miles per hour in any residential
district.
(C) The fact that the speed of the vehicle is lower than
the foregoing prima facie limits shall not relieve the
driver from the duty to decrease speed when
approaching and crossing an intersection, when
traveling upon any narrow or winding roadway, or
when a special hazard exists with respect to
pedestrians or other traffic or by reason of weather
or street conditions, and speed shall be decreased
as may be necessary to avoid colliding with any
person, vehicle or other conveyance on or entering
the street in compliance with legal requirements
and the duty of all persons to show due care.
(Code 1965. §19-68; Ord. No. 1447, 6-7-65; Code 1991,
• §71.065)
Cross reference(s)-Penalty, §71.999.
State law reference(s)-Limilatons generally, A.CA §27-
51-201; Local authorities may alter prima facie speed limits,
A.C.A.§27-51-206.
71.066 Racing Prohibited
It shall be unlawful for any person to drive any motor
vehicle or motor bicycle in a race upon any street or
highway in the city and any person in violation shall be
punished as set forth in A.C.A. § 27-50-302.
(Code 1965, §19-69; Ord. No. 1447, 6-7-65; Code 1991,
§71.066)
Cross reference(s).Penalty,§71.999.
State law reference(s)-Ciassirimbon of tral6cviolations,
A.CA §27-50-302 .
71.067 Minimum Speed Regulation
(A) No person shall drive a motor vehicle at such a
Slow speed as to impede or block the normal and
reasonable movement of traffic, except when
reduced speed is necessary for safe operation or
in compliance with the law.
(B) Police officers are hereby authorized to enforce
this section by directions to drivers, and in the
i
• CD71:11
event of apparent willful disobedience to this
section and refusal to comply with direction of an
officer in accordance herewith, the continued slow
operation by a driver shall be a misdemeanor.
(Code 1965, §19-70: Ord. No. 1447. 6-7-65)
Cross reference(s)-Penalty, §71.999.
71.068-71.079 Reserved
ARTICLE V
GRADE CROSSINGS
71.080 Duty To Stop At Railroad
Crossings
(A) Whenever any person driving a vehicle
approaches a railroad grade crossing under any of
the circumstances slated in this section, the driver
of such vehicle shall stop within 50 feet but not less
than 15 feet from the nearest rail of such railroad,
and shall not proceed until he can do so safely.
The foregoing requirements shall apply when:
(1) A clearly visible electric or mechanical signal
device gives warning of the immediate
approach of a railroad train.
(2) A crossing gate is lowered or when a human
flagman gives or continues to give a signal of
the approach or passage of a railroad train.
(3) A railroad train approaching within
approximately 1,500 feet of the crossing emits
a signal audible from such distance and such
railroad train, by reason of its speed or
nearness to such crossing, is an immediate
hazard.
(4) An approaching railroad train is plainly visible
and is in hazardous proximity to such
crossing.
(B) No person shall drive any vehicle through, around
or under any crossing gale or barrier at a railroad
crossing while such gate or barrier is closed or is
being opened or closed.
(C) Penalty. The penalty for violation of this section
shall be a fine of not less than $50 nor more than
$200.
(Code 1965, §19-116; Ord. No. 1447, 6-7-65; Code 1991,
§71.080)
Cross reference(s) -Heavy equipmentomssing railroads,
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TITLE VII TRAFFIC CODE
§71.166; Penalty, §71.999. to indicate a wanton disregard for the safety of persons
or property shall be guilty of reckless driving and shall
State law reference(s)--Penaltygenemily, A.CA §27-51- be subject to the penalty provisions of A.C.A. §27-50-
70; Obedience to signals at crossings required,A.C.A.§27-51- 308(b)
702.
71.081 Hazardous Crossings
(A) The City Council or mayor, by proper order or
proclamation, shall designate such railroad
crossings are not deemed hazardous within the
limits of the city, which crossings as are provided
with flagmen or electric danger signals. It shall be
the duty of all railroads or railway companies
operating in the city, within 30 days after such
designation, to place at such crossings, upon both
sides of the track, a stop sign or warning giving
notice that such crossing is hazardous and that
drivers of motor -driven vehicles are required to
slop.
(B) It shall be unlawful for any driver to drive or propel
any automobile, automobile truck or other motor -
driven vehicle upon any railroad track at a
municipal street intersecting such railroad at a
grade crossing that has been designated and
marked as a hazardous crossing, without first
bringing such vehicle to a full stop at a distance of,
not less than 10 feet nor more than 50 feet from
the nearest track, and then and there looking and
listening for approaching trains.
(Code 1965, §§19-117. 19-118: Ord. No. 1447, 6-7-65; Code
1991, §70.081)
Cross reference(s)-Penalty, §71.999.
71.082-71.094 Reserved
ARTICLE VI
CARELESS, RECKLESS
OR IMPAIRED OPERATION
71.095 Careless Driving
Any person who drives a vehicle in such a manner as to
indicate a disregard for the safety of persons or
property shall be guilty of careless driving.
(Code 1965, §19-263(c); Ord. No. 1447, 6-7-65; Ord. No. 2219,
5-4-76; Code 1991, §71.095)
Cross references) --Penalty, §71.999.
State law reference(s)-Carelss and prohibited driving,
A.CA.§27-51-104.
71.096 Reckless Driving
Any person who drives any vehicle in such a manner as
(Code 1965, §19-94; Ord. No. 1447, 6-7-65; Code 1991
§71.096)
Cross reference(s)-Penalty, §71.999.
State law reference(s)-Classification of trafficviolatlons,
A.CA §27-50-302; Reckless driving, A.C.A. §27-50-308.
71.097-71.109 Reserved
(Code 1965, §19-95(a); Ord. No. 1447, 6-7-65; Code 1991,
§71.097, Code 2004, §71.097)
State law reference(s)-Unlawful acts, A.C.A. §5-65-103;
Implied consent, A.C.A. §5-65-202; Ominibus DWI Act -
Application, A.C.A. W65-101 at seq.
(Code 1965, §19-96(a); Ord. No. 1447, 6-7-65; Code 1991,
§71.098, Code 2004, §71.098)
Cross reference(s) -Penalty. §71.999.
State law reference(s)-Unlawful acts, A.CA§5-65-103;
Relationship to other laws, A.CA §5-65-101 et seq.
ARTICLE VII
PROHIBITED ACTS
71.110 Spilling Of Vehicle Loads
(A) No vehicle shall be used to haul rubbish, trash,
loose bottles, tin cans, brush, waste paper, loose
dirt, rocks or material of similar nature upon the
traffic streets, without first having been equipped
with the proper equipment as hereinafter set out to
prevent the load, or any part thereof, from falling,
dropping or being blown off the vehicle while in
motion. The bed and sidewalls thereof shall not
drop through or from the vehicle. The vehicle shall
not be loaded in such manner that any part of the
load extends over and above the sidewalls of the
truck bed. When the vehicle is being used for
carrying loose paper or other material that may be
blown from the load, a tarpaulin or screen cover of
sufficient mesh shall be used to cover the load to
prevent its being blown from the vehicle while in
motion.
(B) No vehicle shall be driven or moved on any street
or highway unless such vehicle is so constructed
or loaded as to prevent any of its load from
dropping, sifting, leaking, or otherwise escaping
CD71:12
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therefrom; provided sand may be dropped for the
purpose of securing traction, or water or other
substances may be sprinkled on a street or
highway for clearing or maintenance purposes.
(Code 1965. §§19-14,19-100; Ord. No. 1447. 6-7-65; Ord. No.
2809, 5-4-82; Code 1991, §71.110)
Cross reference(s)-Penally,§71.999.
State law reference(s)-Spilling loads on highways
prohibited -Covers required over loads of sand, gravel and
rock -Exceptions. A.C.A.§5-65-103.
71.111 Placing Injurious Substances On
Streets
(A) No person shall throw or deposit upon any highway
any glass bottle, glass, nails, tacks, wire, cans, or
any other substance likely to injure any person,
animal or vehicle upon the street or highway.
(B) Any person who drops, or permits to be dropped or
thrown, upon any street or highway any destructive
or injurious material shall immediately remove it or
cause it to be removed.
(C) Any person removing a wrecked or damaged
vehicle from a street or highway shall remove any
glass or other injurious substance dropped upon
the street or highway from the vehicle.
(Code 1965, §19-21; Ord. No. 1447, 6-7-65; Code 1991,
§71.111)
Cross reference(s)-Penalty, §71.999.
State law reference(s)-Throwing destructive or injurious
materials on highway prohibited, A.CA §27-51-1405.
71.112 Obstruction Of Driver's View Or
Control
(A) No person shall drive a vehicle when it is so
loaded, or when there are in the front seat such
number of persons, exceeding three, as to obstruct
the view of the driver to the front or sides of the
vehicle or so as to interfere with the driver's control
over the driving mechanism of the vehicle.
(B) No passenger in a vehicle shall ride In such
position as to interfere with the driver's view ahead
or to the sides, or to interfere with his control over
the driving mechanism of the vehicle.
(Code 1965, §19-62: Ord. No. 1447. 6-7-65; Code 1991,
§71.112)
t
• CD71:13
Cross reference(s)-Penalty, §71.999.
State law reference(s)-Obstruction to driver's view or
driving mechanism prohibited, A.C.A. §27-51-1401.
71.113 Driving Through Safety Zone
Prohibited
No vehicle shall at any time be driven through or within
a safety zone.
(Code 1965, §19-83; Ord. No. 1447, 6-7-65; Code 1991,
§71.113)
Cross refererce(s)•-Penalty, §71.999.
State law mference(s)-Driving through safety zone
prohibited, ACA §27-51-1402.
71.114 Driving In Sidewalk Area
It shall be unlawful for any person to drive or operate
any motor vehicle, within any sidewalk area in the city,
except at a driveway.
(Code 1965, §19-84; Ord. No. 1447, 6-7-65; Code 1991,
§71.114)
Cross reference(s)-Penalty, §71.999.
71.115 Reserved
(Code 1965, §19-87; Ord. No. 1447. 6-7-65; Code 1991,
§71.117)
Cross reference(s)-Penally, §71.999.
71.116 Coasting
(A) The driver of any motor vehicle, when traveling
upon a downgrade, shall not coast with.the gears
of such vehicle in neutral.
(B) The driver of a commercial motor vehicle, when
traveling upon a downgrade, shall not coast with
the clutch disengaged.
(Code 1965, §19-88; Ord. No. 1447, 6-7-65; Code 1991.
Cross reference(s}-Penalty, §71.999.
Slate law reference(s)--Coasting prohibited, A.C.A. §27-
51-1404.
71.117 Following Too Closely
The driver of a motor vehicle shall not follow another
vehicle more closely than is reasonable and prudent,
having due regard for the speed of such vehicles and
the traffic upon and the condition of the street or
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TITLE VII TRAFFIC CODE
highway.
(Code 1965, §19-69; Ord. No. 1447, 6-7-65; Code 1991,
§71.119)
Cross reference(s).-Penalty, §71-999.
State law reference(s)-Following too dosely, A.CA §27-
51-305.
71.118 Following Fire Apparatus Or
Driving Near Scene Of Fire; Driving Over
Fire Hose
(A) The driver of any vehicle, other than one on official
business, shall not follow any fire apparatus
traveling in response to a fire alarm closer than
500 feet or drive into or park the vehicle within the
block where fire apparatus has stopped in answer
to a fire alarm.
(B) No vehicle shall be driven over any unprotected
hose of the fire department when laid down on any
street or private driveway to be used at any fire or
alarm of fire, without the consent of the fire
department official in command.
(Code 1965, §19-91; Ord. No. 1447, 6-7-65; Code 1991,
§71.120)
Cross reference(s)-Penalty, §71.999; Interfering with
firefighters, §33.047.
State law reference(s)--Following fire apparatus, A.C.A.
§27-51-902; Crossing unprotected fire hose prohibited, A.C.A.
§27-51-903.
71.119 Turning Off Lights To Avoid Arrest
Or Identification
It shall be unlawful for any person to turn off any lights
on a motor vehicle for the purpose of avoiding arrest or
identification. -
(Code 1965, §19-93; Ord. No. 1447, 6-7-65; Code 1991,
§71.121)
Cross reference(s)-Penalty, §71.999.
71.120-71.132 Reserved
ARTICLE Vlll
EQUIPMENT REQUIREMENTS
AND REGULATIONS
71.133 General Equipment Requirements
No person shall drive a motor vehicle not complying
with the following requirements as to equipment:
(A) Signaling devices. Every motor vehicle shall be
equipped with a horn, directed forward, or whistle
in good working order, capable of emitting a sound
adequate in quality and volume to give waming of
the approach of such vehicle to other users of the
street and to pedestrians. Such signaling device
shall be used for warning purposes only and shall
not be used for making unnecessary noise, and no
other sound -producing signaling device shall be
used at any time.
(B) Brakes. All motor vehicles, except motorcycles,
shall be provided at all times with two sets of
adequate brakes, kept in good working order, and
motorcycles shall be provided with one set of
adequate brakes kept in good working order.
(C) Mirrors. All motor vehicles which are so
constructed or loaded that the driver cannot see
the street behind such vehicle by looking or around
the side of such vehicle shall be equipped with
mirror so adjusted as to reveal the street and be
visible from the drivers seat.
(D) Muffler cutouts. Muffler cutouts shall not be used
and no vehicle shall be driven in such manner or
condition that excessive and unnecessary noises
shall be made by its machinery, motor, signaling
device, or other parts, or by any improperly loaded
cargo. The motors of all motor vehicles shall be
fitted with property attached mufflers of such
capacity or construction as to quiet exhaust noises
insofar as possible. Any cutout or opening in the
exhaust pipe between the motor and the muffler on
any motor vehicle shall be completely closed and
disconnected from its operating lever, and shall be
so arranged that it cannot automatically open, or
be opened while such vehicle is in motion.
(Code 1965, §19-11; Ord. No. 1447, 6-7-65; Code 1991,
§71.135)
Cross reference(s)-Penalty, §71.999.
State law references) -Equipment requirement, A.C.A.
§27-37-501; Mirrors, A.C.A. §27-37-305; Cutouts prohibited
A.C.A. § 27-37-602.
71.134 Vehicle Lights Required
No person shall drive a vehicle during the period from
one -hall hour after sunset to one-half hour before
sunrise without front and rear lights, which shall meet
all the requirements of A.C.A. §27-36-201 et seq.
(Code 1965, §19-12; Ord. No. 1447, 6-7-65; Code 1991,
§71.136)
CD71:14
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TITLE VII TRAFFIC CODE
Cross reference(s)-Penalty.§71.999.
State law reference(s)-Regulation of lighting devices,
A.C.A.§27-36-201 at seq.
71.135 Light Or Flag For Projecting
Loads
All vehicles carrying poles or other objects which
project more than four feet from the rear of such vehicle
shall, during the period when lights are required by
§71.136, carry a lamp or flag as set forth in A.C.A. §27-
37-204.
(Code 1965, Sec. 19-13; Ord. No. 1447, 6-7-65; Code 1991,
§71.137)
Cross reference(s)-Penalty, §71.999; Vehicle lights
required,§71.136.
State law reference(sy-Lamp or flag on projecting load,
A.C.A.§27-37-204.
71.136 Signs And Stickers On Vehicle
Windshield Or Windows
No person operating a motor vehicle in the city shall
have affixed to the windshield or any other windows
thereof any sign, sticker, insignia, other obstruction or
defect that limits visibility, except such sign, sticker or
Insignia required by any law or regulation, federal, state
or city. Such sign, sticker or insignia, when required,
shall be placed in the lower right hand comer of the
windshield or such place and in such manner as not to
obstruct the view of the driver. If stickers do not occupy
more than 50/6 of the glass area, they may be affixed to
the rear window in such manner and place as not to
obstruct the view of the driver of such motor vehicle.
(Code 1965. §19-15t Ord. No. 1447, 6-7-65; Code 1991
§71.138)
Cross reference(s)-Penalty, §71.999.
State law reference(s)--Windshields, etc, to be
unobstructed, ACA §27-37-302; Obstruction of interior
prohibited, ACA §27-37-304.
71.137-71.149 Reserved
ARTICLE IX
ACCIDENTS
71.150 Accident Reports
(A) The driver of a vehicle involved in an accident
resulting in injury to or death of any person or
property damage to an apparent event of one
thousand dollars $1,000.00 or more shall
CD71:15
immediately, by the quickest means of
communication, give notice of such accident to the
police department.
(B) The driver of a vehicle which is in any manner
involved in an accident resulting in bodily injury to
or death of any person or total property damage to
an apparent extent of $1,000.00 or more shall,
within five days after such accident, forward a
written report of such accident to the police
department, or a copy of any report he is required
to forward to the state. The provisions of this
section shall not be applicable when the accident
has been investigated at the scene by a police
officer while such driver was present thereat.
(C) Whenever the driver of a vehicle is physically
incapable of giving immediate notice of an accident
as required herein and there is another occupant in
the vehicle at the time of the accident capable of
doing so, such occupant shall give, or cause to be
given, the notice herein required. Whenever the
driver is physically incapable of making a written
report of an accident as is herein required and
such driver is not the owner of the vehicle, then the
owner of the vehicle involved in such accident
shall, within five days after learning of the accident,
make such report not made by the driver.
(D) The police department shall maintain a suitable
system of filing accident reports. Accident reports.
or cards referring to them shall be filed
alphabetically by location. Such reports shall be
available for the use and information of the traffic
superintendent.
(Code 1965, §19-26; Ord. No. 1447, 6.7-65; Code 1991.
§71.150)
Cross reference(s)-Penalty,§71.999.
State law reference(s)=Requirements in accidents
involving death or personal injuries, A.CA §27-53-101;
Accidents involving damage only to vehicle -Removal of vehicle,
ACA §27-53-102; Duty to give information and render aid,
ACA §27-53-103; Incapacity to make report ACA §27-53-
203; Classification of traffic violations, ACA §27-50-302.
71.151 Leaving The Scene Of An
Accident
No person driving a vehicle, knowing that an injury has
been caused to a person or damage has been caused
to a person or damage has been caused to property,
arising out of the operation of such vehicle, shall leave
the place of such injury, damage or accident without
stopping and giving his name, residence, including city
and street number, motor vehicle number and
chauffeurs or registered operator's number, if any, to
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TITLE VI TRAFFIC CODE
the injured party or to the police officer, or if no police to comply with any of its requirements shall
officer is in the vicinity, then to the nearest police officer constitute a misdemeanor and, upon conviction
or judicial officer. thereof, the person convicted shall be punished as
set forth in §71.999.
(Code 1965, §19-27; Ord. No. 1447, 6-7-65; Code 1991,
§71,151)
Cross reference(sy-Penalty, §71.999.
State law refemnce(s)—Judsdiction and responsibilities of
law enforcement officers, A.C.A. §27-53-303.
71.152 Accident Studies
Whenever accidents at any particular location become
numerous, the police department shall cooperate with
the traffic engineer in conducting studies of such
accidents and determining remedial measures.
(Code 1965, §19-28; Ord. No. 1447, 6-7-65; Code 1991
§71.152)
Cross reference(s)--Penalty, §71.999.
71.153-71.164 Reserved
ARTICLE X
TRUCKS, HEAVY EQUIPMENT
AND OVERSIZE VEHICLES
71.165 Restriction On Operation Of
Trucks
(A) There are hereby established in the city the
following "truck routes": All U.S. Government and
State Highway Department numbered highways.
(B) The traffic superintendent is authorized to
determine and recommend to the City Council
other streets, parts of streets or specific lanes as
truck routes.
(C) All trucks shall use the truck routes listed in
subsection (A) above or designated under the
authority of subsection (B) above to the closest
point of their destination.
(D) For the purpose of this section, the word "truck"
shall mean any vehicle designed or operated for
the transportation of property, the body weight or
combined body and load weight of which exceeds
6,000 pounds.
(E) This section shall be enforced only when
appropriate signs are in place giving notice of the
provisions hereof.
(F) Violation of the provisions of this section or failure
(Code 1965. §19-97; Ord. No. 1216, 9-14-59; Ord. No. 1409, 8-
17-64; Ord. No. 1447, 6-7-65; Ord. No. 1889, 11-21-72; Code
1991, §71.165)
Cross reference(s)--Penalty, §71.999.
State law reference(s}-Trucks, A.C.A.§27-14-209. "
71.166 Heavy Equipment Crossing
Railroads
(A) No person shall operate or move any crawler -type
tractor, steam shovel, derrick, roller, or any
equipment or structure having a normal operating
speed of up to ten miles per hour, or a vertical
body or load clearance one-half inch perfoot of the
distance between any two adjacent axles or, in any
event, of less than nine inches above the level
surface of a roadway, upon or across any tracks at
a railroad crossing, without first complying with this
section.
(B) Notice of any such intended crossing shall be
given to a station agent of such railroad and a
reasonable time shall be given to such railroad to
provide proper protection at such crossing.
(C) Before making any such crossing, the person
operating or moving any such vehicle or equipment
shall first stop the same not less than 15 feel nor
more than 50 feet from the nearest rail of such
railroad and, while so stopped, shall listen and look
in both directions along such track for any
approaching train and for signals indicating the
approach of a train, and shall not proceed until the
crossing can be safely made.
(D) No such crossing shall be made when warning is
given by automatic signal, crossing gates, a
flagman or otherwise of the immediate approach of
a railroad train or car. If a flagman is provided by
the railroad, movement over the crossing shall be
under his direction.
(Code 1965, §19-98; Ord. No. 1447, 6-7-65; Code 1991,
§71.166)
Cross references) -Penalty, §71,999.
State law refemme(s) -Moving heavy equipment at "
crossings, AC.A.§27-51-705.
71.167 Vehicles Transporting Houses
And Other Structures
CD71:16
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TITLE VII TRAFFIC CODE
(A) Certain vehicles must comply with section. 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 feet, or a total height of
13 feet, six inches, or a total length for single truck
of 40 feet, or total length for combination of
vehicles of 55 feet shall be operated over the
streetsorhighways within the corporate limits of
the city except as provided in this section.
(B) Hours of movement
(1) Movement of such oversized vehicles shall be
in daylight only, in periods of visibility between
the hours of 5:30 a.m. and 6:30 a.m., 8:30 and
11:30 a.m. and the hours of 1:00 p.m. and
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 when 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) 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
permit, the applicant shall assume (and so
slate in the 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 supervised 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/her
opinion these requirements cannot be met, or
• CD71:17
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/her duly authorized
representative, shall have authority to waive
the requirements of this section 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 section, provided that at 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 allstate and city
laws regulating movement of vehicles upon the
streets and highways of the city and state, and
nothing in this section shall be construed as
amending or affecting §71.165 or §71.166.
(E) Signs. The chief of police shall cause appropriate
signs to be erected and maintained on highways
entering the city, designating requirements of this
section.
(Code 1965, §19-99; Ord. No. 1496, 4-18-66; Code 1991,
§71.167)
Cross reference(s)-Penalty, §71.999.
State law references) --Transportation of houses, A.CA
§27-35-309; Maximum and minimum speed limits -Exceptions,
A.C.A. 927-51-204; Special permit to move- Fee, A.C.A. §27-
35.304; Issuance of permits, A.C.A. §27-35-305; Permits for
special cargoes, A.CA §27-35-210; Times and places for
moving oversized mobile homes, A.CA. §27-35-306.
71.168-71.998 Reserved
71.999 Penalty
(A) Whoever violates any provision of this chapter for
which no specific penalty is otherwise provided
shall be fined as set forth in §10.99.
(B) Any person who violates §71.032 shall, upon
conviction thereof, be guilty of misdemeanor, and
shall be fined not less than $10.00 nor more than
$500.00 or confined to jail not to exceed 90 days,
or both such fine and imprisonment.
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TITLE VI TRAFFIC CODE
(C) Whoever violates the provisions of §71.066 shall fine of not more than $100.00 and for a second
be punished as set forth in §71.066. conviction within one year shall be punished by a
fine of not more than $200.00 and for a third
(D) Any person violating §71.080 shall, upon conviction conviction and each successive conviction within
thereof, be punished as set forth in §71.080. one year shall be punished by a fine of not more
than $500.00.
(E) Any person violating the provisions of §71.081
shall be deemed guilty of a misdemeanor and,
upon conviction, shall be fined in any sum not less
than $5.00 nor more than $25.00. All money
raised through fines levied under the provisions of
this section shall be paid into the treasury of the
county and credited to the common school fund of
the county.
(F) Every person convicted of reckless driving as set
forth in §71.096 shall be punished, as set forth in
§71.096.
(G) Every person convicted of a violation of §71.097 or
§71.098 shall be punished by imprisonment for not
less than 24 hours nor more than30 days, and by
a fine of not less than $50.00 nor more than
$500.00, and his/her privilege to operate a motor
vehicle may be suspended for a period of not more
than one year. On a second or subsequent
conviction for an offense committed within one
year of the first offense of a violation of §71.097 or
§71.098, he/she shall be punished by
imprisonment for not less then ten days nor more
than one year, and a fine of not less than $250.00
nor more than $1,000.00, and his/her privilege to
operate a motor vehicle shall be revoked for one
year. Imprisonment, as provided for in this section,
shall not be deemed to have begun until after
conviction and sentencing of the defendant-
(H) Any person convicted of violating §71.110(B) shall
be punished by a fine of not more than $500.00 or
double that sum for each repetition of such
offense.
(1) Whoever violates §71.165 shall be fined not less
than $25.00 nor more than $200.00.
(J) Any person who violates any of the provisions of
§71.166 shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be punished by
a fine of not less than $50.00 nor more than
$200.00.
(K) Any operator found violating the provisions of
§71.167 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 misdemeanor and
upon first conviction thereof shall be punished by a
(Code 1965, §§19-69, 19-94-19-96, 19-97(f), 19-98(e), 19-
99(0,19-100(b), 19-115(b), 19-116(c), 19-119, 19-263(b); Ord.
No. 1216. 9-14-64; Ord. No. 1409, 8-17-64; Ord. No. 1447, 6-7-
65; Ord. No. 1496, 4-18-66; Ord. No. 1889, 11-21-72; Ord. No.
2219, 5-4-76; Ord. No. 2809, 5-4-82; Code 1991, §71.999)
CD71:18 •
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ARTICLE I GENERAL PROVISIONS
72.01
APPLICATION OF PARKING PROHIBITIONS OR LIMITATIONS ..................................................
3
72.02IMPOUNDMENT
PROCEDURES ..........................................
z
72.03 PARKING PROHIBITED IN CERTAIN PLACES............................................................................... 3
72.04 UNATTENDED VEHICLES................................................................................................................ 4
72.05 STARTING A STOPPED VEHICLE................................................................................................... 4
72.06 METHOD OF PARKING..................................................................................................................... 4
72.07 DESIGNATION AND MARKING OF AREAS WHERE PARKING IS PROHIBITED OR
RESTRICTED .......... .................... .................. w
72.08 ILLEGAL PARKING AND OVERTIME PARKING............................................................................. 4
72.09 PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS ................................................. 5
72.10 PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS ............................. 5
72.11 STOPPING, STANDING, OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN
STREETS........................................................................................................................................ 5
72.12 PARKING TIME LIMITED TO ONE HOUR ON CERTAIN STREETS .............................................. 5
72.13 TWO HOUR PARKING ZONES; TOWING PROCEDURES............................................................. 5
72.14 PARKING NEAR SCENE OF FIRE.................................................................................................... 5
72.15 PARKING RESTRICTIONS FOR TRUCKS, TRACTORS AND TRAILERS ..................................... 5
72.16 PARKING PROHIBITED WITHIN FIRE LANES AT NORTHWEST ARKANSAS MALL AND
ELSEWHERE ................................. e
72.17 ILLEGAL PARKING IN DISABILITY PARKING AREAS, PENALTIES ............................................ 6
72.18-72-29 RESERVED.............................................................................................................................. 6
ARTICLE 11 LOADING ZONES
72.30 DESIGNATION OF AND PERMIT FOR CURB LOADING ZONES .................................................. s
72.31 RESTRICTED USE OF PASSENGER AND FREIGHT CURB LOADING ZONES
m
72.32 DESIGNATION OF BUS STOPS AND TAXICAB STANDS; USE OF SUCH LOCATIONS ............. 7
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DRAFT
72.33 HOTEL LOADING ZONES.................................................................................................................
7
72.34 PARKING SIGNS OR CURB MARKINGS REQUIRED.....................................................................
7
72.35-72.49 RESERVED..............................................................................................................................7
ARTICLE III PARKING METERS
72.50 DEFINITIONS.....................................................................................................................................
7
72.51 PRESUMPTION AS TO UNLAWFUL PARKING IN METERED SPACE ..........................................
8
72.52 PURPOSE OF DEPOSIT REQUIREMENT........................................................................................
8
72.53 DEPOSITING SLUGS PROHIBITED.................................................................................................
8
72.54 TAMPERING WITH METERS PROHIBITED.....................................................................................
8
72.55 COLLECTIONS FROM METERS......................................................................................................
8
72.56 LOADING ZONES NOT PROHIBITED..............................................................................................
8
72.57 PARKING METER ZONES................................................................................................................
S
72.58 OFF-STREET PARKING METER FACILITIES; RATES FOR CITY GARAGE ................................
9
72.59-72.98 RESERVED............................................................................................................................13
72.99 PENALTIES......................................................................................................................................13
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DRAFT
CHAPTER 72 PARKING REGULATIONS*
ARTICLE 1
GENERAL REGULATIONS
72.01 Application Of Parking Prohibitions
Or Limitations
The provisions of this chapter prohibiting the standing
or parking of a vehicle shall apply at all times or at
those times herein specified or as indicated on official
signs, except when it is necessary to slop a vehicle to
avoid conflict with other traffic or in compliance with the
directions of a police officer or official traffic control
device. The provisions of this chapter imposing a time
limit on parking shall not relieve any person from the
duty to observe other and more restrictive provisions
prohibiting or limiting the stopping, standing or parking
of vehicles in specified places or at specified times.
The overtime parking prohibitions prescribed by this
chapter shall not apply to governmental vehicles.
(Code 1965, §19-139; Ord. No. 1447, 6-7-65; Ord. No. 3350, 4-
29-88)
72.02 Impoundment Procedures
The police department is hereby authorized to
remove a vehicle from a street or highway to the
nearest garage or other place of safety, or to a
garage designated or maintained by the police
department or otherMse maintained by the city,
under the circumstances hereinafter enumerated:
When any vehicle is left unattended upon any
bridge, viaduct or causeway or in any tunnel
where such vehicle constitutes an obstruction
to traffic.
When a vehicle upon a highway is so disabled
as to constitute an obstruction to traffic and
the person in charge of the vehicle is, by
reason of physical injury, incapacitated to
such an extent as to be unable to provide for
its custody or removal.
When any vehicle is left unattended upon a
street and is parked illegally as to constitute a
definite hazard or obstruction to the normal
movement of traffic; when any vehicle is left
continuously and unattended upon any street,
public parking deck or lot, for a period of more
than 72 hours; and any time a vehicle is
parked in a prohibited area that is so
designated by signs or other official markings.
When any vehicle is parked on a public street,
parking deck or lot, designated by a sign or by
curb marking as a tow -away zone.
Whenever the police department removes a
vehicle from a street under this section and does
know or is able to ascertain from the registration
records in the vehicle the name and address of the
owner thereof, the police department shall
immediately give or cause to be given notice in
writing to such owner of the fad of such removal
and the reasons therefor and the place to which
such vehicle has been removed.
Whenever the police department moves a vehicle
from a street under this section and does not know
and is not able to ascertain the name of the owner,
or for any other reason is unable to give the notice
to the owner as hereinabove provided, and in the
event the vehicle is not returned to the owner
within a period of three days, written report of such
removal shall be made to the state department
whose duty it is to register motor vehicles. Such
notice shall include a complete description of the
vehicle, the date, time and place from which
removed, the reasons for such removal, the name
of the garage or place where the vehicle is stored.
(Code 1965, §19-140; Ord. No. 1447, 6-7-65; Ord. No: 2630, 5-
6-80, Code 1991, §72.02; Ord. No. 4388, §a, 4-16-02)
72.03 Parking Prohibited In Certain
Places
No person shall slop, stand or park a vehicle, except
when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or
traffic -control device, in any of the following places:
In front of a public or private driveway.
(G) Within 30 feet upon the approach to any flashing
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TITLE VII TRAFFIC CODE
beacon, stop sign or traffic control signals located
at the side of a roadway. (Code 1965, §19-112; Ord. No. 1447, 6-7-65; Code 1991,
§72.05)
(H) Between a safety zone and the adjacent curb or
within 30 feet of points of the curb immediately
opposite the ends of a safety .zone, unless a
different length is indicated by signs or markings.
(I) Within 50 feet of the nearest rail of a railroad
crossing.
(J) Within 20 feet of the driveway entrance to any fire
station and, on the side of the street opposite the
entrance to any fire station, within 75 feet of said
entrance, when properly signposted.
(K) Alongside or opposite any street excavation
obstruction when such stopping, standing or
parking would obstruct traffic.
(L) On the roadway side of any vehicle stopped or
parked at the edge of a curb or street.
(M) Upon any bridge or other elevated structure upon a
highway or within a highway tunnel.
(N) At any place where official signs prohibit stopping.
(Code 1965, §19-110; Ord. No. 1447, 6-7-65; Code 1991,
§72.03)
Cross references) -Penalty, §72.99.
State law reference(s)-Restrictions on stopping,
standing, or parking generally, A.C.A. §27-51-1301; Stopping,
standing, or parking prohibited in specified places, A.CA §27-
51.1302; Stopping, standing, or parking outside of business or
residence district, A.C.A. §27-51-1303.
72.04 Unattended Vehicles
No person driving or in charge of a motor vehicle shall
permit it to stand unattended without first stopping the
engine, locking the ignition and removing the key or,
when standing upon any perceptible grade, without
effectively setting the brake thereon and turning the
front wheels to the curb or side of the highway.
(Code 1965, §19-109; Ord. No. 1447, 6-7-65; Code 1991,
§72.04)
Cross reference(s)-Penalty, §72.99.
State law reference(s) -Unattended motor vehicles,
A.CA §27-51-1306.
72.05 Starting A Stopped Vehicle
No person shall start a vehicle which is stopped,
standing or parked unless and until such movement can
be made with reasonable safety.
CD72:4
Cross reference(sy-Penalty,§72.99.
State law reference(s)-Starting of vehicles, A.C.A. §27-
51-1308.
72.06 Method Of Parking
Pursuant to A.C.A. §27-51-1301, a vehicle parked on
any street in the city shall be parked on the right-hand
side of the street, headed in the direction of traffic with
its right-hand wheels parallel to and within 18 inches of
the curb, except where streets have been marked for
angle parking, and except that, on one-way streets,
vehicles may be parked on the left-hand side of the
street, unless parking is prohibited on such side. In
every case, a vehicle shall be parked entirely within any
lines or markings on the street designating parking
spaces.
(Code 1965, §19-120; Ord. No. 1447, 6-7-65; Code 1991,
§72.06)
Cross reference(s)--Penalty, 972.99.
State law references) --Restrictions on stopping,
standing, or parking generally, A.CA. §27-51-1301.
72.07 Designation And Marking Of Areas
Where Parking Is Prohibited Or
Restricted
The Mayor may, from time to time, designate streets or
portions thereof, or other areas, where the parking of
vehicles is prohibited, limited or restricted, and it shall
be the duty of the traffic superintendent to indicate such
areas by appropriate markings or signs giving notice of
the prohibition, limitation or restriction.
(Code 1965, §19-121; Ord. No. 1447, 6-7-65: Code 1991,
§72.07)
Cross reference(s)-Penalty, §72.99.
72.08 Illegal Parking And Overtime
Parking
It shall be unlawful for any person to cause, allow or
permit any vehicle registered in his name or owned or
operated by him to be parked in any space or area in
which parking is prohibited or to remain in any parking
space for a -longer time than designated for the
particular space, or to be parked or to remain in
violation of any restriction on parking imposed by the
City. This section shall be enforced only when
appropriate signs or markings are in place as required
by§72.07.
(Code 1965, §19-122; Ord- No. 1447. 6-7-65; Code 1991
r -IIJ L-
•
§72.08)
Cross reference(s)—Penalty,§72.99.
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TITLE VII TRAFFIC CODE
72.09 Parking Prohibited At All Times On
Certain Streets
When signs are erected on any street or part of street
giving notice thereof, no person shall park a vehicle on
the side or sides of any such street or part of street so
designated for no parking.
(Code 1965. §19-123; Ord. No. 1447. 6-7-65; Code 1991
§72.09)
Cross references).Penalty, §72.99.
72,10 Parking Prohibited During Certain
Hours On Certain Streets
When signs are erected on any street, or part of street,
in each block giving notice thereof, no person shall pads
a vehicle on any such street, or part of street in each
block so designated between the hours specified by the
signs, except on weekends and public holidays.
(Code 1965, §19-124; Ord. No. 1447, 64i5; Ord. No. 4388, §2,
4-16-02)
72.11 Stopping, Standing, Or Parking
Prohibited During Certain Hours On
Certain Streets
When signs are erected on any street, or part of street,
in each block giving notice thereof, no person shall
stop, stand, or park a vehicle on any such street, or part
of street in each block so designated between the hours
specified by the signs, except on weekends and public
holidays.
(Code 1965, §19-125; Ord. No. 1447, 6-7-65; Ord. No. 4388,
§3, 4-1602)
72.12 Parking Time Limited To One Hour
On Certain Streets
When signs are erected on any street, or part of street,
in each block giving notice thereof, no person shall park
a vehicle on any such street, or part of street, in each
block so designated for longer than one hour at any
time between the hours of 7:00 a.m. and 6:00 p.m. of
any day, except weekends and public holidays.
(Code 1965, §19-126; Ord. No. 1447, 6-7-65; Ord. No. 4388,
§4, 4-16-02)
• I
CD72:5
72.13 Two Hour Parking Zones; Towing
Procedures
(A) The parking manager is hereby authorized to
determine the location of two-hour parking zones
and to place and maintain appropriate signs
indicating the same and stating the hours during
which such limitations are applicable. All such
locations heretofore and hereafter designated as
two-hour parking zones shall be subject to the
provisions of this section.
(B) No personal shall park any vehicle in any two-hour
parking zone located in the city for longer than two
consecutive hours during any four-hour period,
except on weekends and public holidays.
(Code 1965, §79-127; Ord. No. 1447, 6-7-65; Ord. No. 2769,
11-3-81; Ord. No. 2784,12-15-81; Ord. No. 2915.4-19-83; Ord.
No. 4388, §5, 4-16-02)
72.14 Parking Near Scene Of Fire
It shall be unlawful for any person to park any vehicle
within any block where fire apparatus has stopped in
answer to a fire alarm.
(Code 1965, §19-128; Ord. No. 1447. 6-7-65; Code 1991,
§72.14)
Cross reference(s).Penalty, §72.99.
State law reference(s).Following fire apparatus, A.CA_
§27-51-902.
72.15 Parking Restrictions For Trucks,
Tractors And Trailers
No person shall park a truck, tractor or trailer with a
capacity of 3/4 ton or larger, or the chassis thereof, on
any street between the hours of 12:00 midnight and
6:00 a.m., nor shall any person use any street for the
purpose of repairing or reconditioning any such truck,
trailer of any common carrier or any part thereof, except
when much repairs shall be necessitated by an
emergency.
(Code 1965, §19-130; Ord. No. 1447. 6-7-65; Code 1991. §72-
15)
Cross reference(s)—Penalty, §72.99.
72.16 Parking Prohibited Within Fire
Lanes at Northwest Arkansas Mall And
Elsewhere
(A) It shall be unlawful for any person to park any
motor vehicle or motorcycle within a designated
fire lane at Northwest Arkansas Mall or elsewhere.
L
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TITLE VII TRAFFIC CODE
(B) The police department shall not be required to curb loading zone upon special request of any
patrol any fire lane at Northwest Arkansas Mall, but person unless such person makes application fora
upon being called, police officers shall come to the permit for such zone and for one sign to indicate
scene of an alleged violation and shall issue a each zone.
citation or arrest the offender, if the offense is
committed or is in existence in the presence of the (C) Any person desiring passenger or loading or
officer. unloading zones may make application in writing to
the traffic superintendent and shall pay to the city
(Cade 1965, §19-141; Ord. No. 2427, 3-14-78; Code 1991, $120.00 per meter space, per year.
§72.16)
Cross reference(s}-Penalty, §72.99. (D) In the event such request is for a loading zone
outside of the parking meter district, then such
person making the request shall pay to the city an
72.17 Illegal Parking In Disability Parking annual fee of $2.00 per foot per year for the
Areas, Penalties purpose of covering the expense of the city in
Any vehicle found to be parked in an area designated painting and designating with appropriate signs,
for the exclusive use of any person with a disability as and otherwise maintaining such limited parking or
set forth in the Access to Parking for Persons with unloading zones. Such payment shall be made to
Disabilities Act (Act 907 of 1985 as amended, the city on or before the first day of July of each
Americans with Disabilities Act, 28 C.F.R. Part 36, and every year.
Appx. A), on which is not displayed a special license E The person or persons who own the property
plate, a special certificate, or an official designation of ( ) P P P P rty
another state as authorized by the aforementioned Act, adjacent to any zone designated by the traffic
or which is found to be parked in an area designated for superintendent shall not be required to pay said
the exclusive use of any person with a disability, if maintenance fee as required by this section,
operated by a person who is not being used for the provided such zone is designated by the traffic
actual transporting of a person with a disability shall be superintendent for the convenience of the general
subject to impoundment by the appropriate law public. Such zones shall be maintained and cared
enforcement agency. In addition thereto, the owner or for at the expense of the city.
operator of the vehicle shall, upon conviction, be
subject to a fine of not less than $100.00, nor more than (F) It is hereby declared to be unlawful for any person
$500.00 for each offense, plus applicable towing to paint the curb, sidewalk or any part of the street
impoundment, and related fees, as well as court costs. of the city in any manner whatsoever, and it shall
be unlawful for any person to designate any part of
(Ord. No. 4120, §t, 9-1-98) the street of the city as being limited in any manner
with respect to parking thereon.
State law reference(s)-Penalties, ACA. §27-15-305;
Parking privileges - Exceptions. A.C.A. §27-15-312. (Code 1965. §19-31; Ord. No. 1447, 6-7-65; Ord. No.2405,12-
20-77; Code 1991, §72.30)
Federal law reference(s)-Americens with Disabilities Act,
28 C.F.R. Part 36, Appx. A Secs. 72.18-72.29.. Reserved. Cross references) -Penalty, §72.99.
72.18-72-29 Reserved 72.31 Restricted Use Of Passenger And
ARTICLE II Freight Curb Loading Zones
LOADING ZONES (A) No person shall stop, stand or park a vehicle for
any purpose or period of time, other than for the
72.30 Designation Of And Permit For expeditious loading or unloading ofpassengers, in
Curb Loading Zones any place marked as a passenger curb loading
zone during hours when the regulations applicable
(A) The traffic superintendent is hereby authorized to to such curb loading zones are effective, and then
determine the location of passenger and freight only for a period of not to exceed three minutes:
curb loading zones and shall place and maintain (B) No person shall stop, stand or park a vehicle for
appropriate signs indicating the same and stating any purpose or length of time, other than for the
the hours during which the provisions of this expeditious unloading and delivery or pick-up and
section shall be applicable.. loading of materials, in any place marked as a
freight curb loading zone during hours when the
(B) The traffic engineer shall not designate or sign any
provisions applicable to such zones are in effect In
CD72:6
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TITLE VII TRAFFIC CODE
no case shall the stop for loading and unloading of
materials exceed 30 minutes.
(Code 1965, §§119-132,119-133; Ord. No. 1447, 6-7-65; Code
1991, §72.31)
Cross reference(s)—Penalty, §72.99.
72.32 Designation Of Bus Stops And
Taxicab Stands; Use Of Such Locations
(A) The traffic superintendent is hereby authorized to
establish bus stops, bus stands, taxicab stands
and stands for other passenger common -carder
motor vehicles on the public streets in such places
as he shall determine to be of the greatest benefit
and convenience to the public, such bus stops, bus
stands, taxicab stands or other stands -so
established shall be designated by appropriate
signs where deemed by the traffic superintendent
as necessary.
(B) The following rules shall govern the stopping,
standing and parking of buses and taxicabs:
(1) The operator of a bus shall enter a bus stop,
bus stand or passenger loading zone or other
location where passengers are normally
discharged or picked up in such manner that
the bus, when stopped to load or unload
passengers or baggage, shall be in a position
as close to the curb as possible, so as not to
impede unduly the movement of other
vehicular traffic. '
(2) The operator of a taxicab shall not stand or
park such vehicle upon any street at any place
other than in a taxicab stand designated by
the traffic superintendent. This provision shall
not prevent the operator of a taxicab from
temporarily stopping in accordance with other
stopping or parking regulations at any place
for the purpose of and while actually engaged
in the expeditious unloading or loading of
passengers.
(C) No person shall stop, stand or park a vehicle other
than a bus in a bus stop or other than a taxicab in
a taxicab stand when such stop or stand has been
officially designated and appropriately signed,
except that the driver of a passenger vehicle may
temporarily stop therein for the purpose of and
while actually engaged in loading and unloading
passengers when such stopping does not interfere
with any bus or taxicab waiting to enter or about to
enter such zone.
(Code 1965, %19-134-19-136; Ord. No. 1447, 6.7-65; Ord.
•
CD72:7
No. 2745, 8-4-81; Code 1991, §72.32)
Cross reference(s)—Penalty, §72.99.
72.33 Hotel Loading Zones
The traffic superintendent shall establish and mark
hotel zones to be used solely for the loading and
unloading of passengers and baggage. Standing or
parking in such hotel zones shall be limited to 15
minutes and no person shall park a vehicle in a hotel
zone except for the purpose of taking and discharging
passengers and baggage destined for such hotel.
(Code 1965, §19-137; Ord. No. 1447, &7-65; Code 1991,
§72.33)
Cross reference(s)—Penalty, §72.99.
72.34 Parking Signs Or Curb Markings
Required
Whenever, by any provision of this chapter, a parking
time limit is imposed or parking is prohibited on any
street or part of street, it shall be the duty of the traffic
superintendent to erect appropriate signs or to paint
appropriate curb markings on such street or part of
street giving notice thereof, and no such regulations
shall be effective unless such signs are erected or such
curb markings are painted and in place on the side or
sides of the street or part of street when parking time is
limited or prohibited at the time of any alleged offense.
(Code 1965, §19-138; Ord. No. 1447, 6-7-65; Ord. No. 2650, 7-
15-80; Code 1991, §72-34)
Cross references) --Penalty, §72.99.
72.35-72.49 Reserved
ARTICLE III
PARKING METERS
72.50 Definitions
For the purpose of this article the following definitions
shall apply unless the context clearly indicates or
requires a different meaning:
Operator. Every individual shall operate a vehicle
as the owner thereof, or as the agent, employee or
pennittee of the owner, or any person who is in actual
physical control of a vehicle. I �
Park or parking. The standing of a vehicle,
whether occupied or not, otherwise than temporarily for
the purpose of, and while actually engaged in, receiving
or discharging passengers or loading or unloading
merchandise or in obedience to traffic regulations,
signs or signals or an involuntary stopping of the
DRAFT
TITLE VII TRAFFIC CODE
vehicle by reason of causes beyond the control of the It shall be unlawful for any person to deposit orcause to
operator of the vehicle. be deposited in any parking meter installed under this
article any slug, device or substitute for a coin of the
Parking meter. Portions of streets within which the
parking of vehicles are controlled, regulated, and
inspected with the aid of timing devices or meters,
herein referred to as "parking meters" or "meters'.
Parking meter facility. Any real estate (except any
public street, avenue, road, alley, or highway not
specifically described herein) owned, leased, or
operated by the city, upon which parking meters are
installed and in operation for the use of vehicles.
Parking meter space. Any space within a parking
meter facility or parking meter zone adjacent to a
parking meter and which is duly designated and marked
for the parking of a vehicle in accord with this article.
Parking meter zones. Portions of streets described
and established by the City Council as zones within
which the parking of vehicles shall be controlled,
regulated, and inspected with the aid of timing devices
or meters, herein referred to as "parking meters" or
"meters".
Vehicle. Any device in, upon or by which any
person or property is or may be transported upon a
street, except a device which is operated upon rails or
tracks.
(Code 1965, §19-61; Ord. No. 931, 2-23-08; Ord. No. 1083, 6-6-
55, Ord. No. 4222, 2-15-00; Code 1991, §72.50)
72.51 Presumption As To Unlawful
Parking In Metered Space
The indication on the parking meter that time has
expired shall be presumptive evidence, as to a parked
vehicle then found in the parking space regulated by
such parking meter, that the owner or driver failed to
deposit or cause lobe deposited the required coin or
coins inthe meter and the indication by such meter of a
"violation" shall be presumptive evidence of unlawful
parking.
(Code 1965, §19-152; Ord. No. 931, 2-2348; Ord. No. 1083, 6-
6-55; Code 1991, §72.51)
72.52 Purpose Of Deposit Requirement
The coins required to be deposited in parking meters by
this article are for the purpose of regulating parking and
to cover part of the cost of such necessary regulation
for the convenience and protection of the public.
(Code 1965, §19-153; Ord. No. 931, 2-23-48; Ord. No. 1083, 6-
6-55; Code 1991, §72.52)
72.53 Depositing Slugs Prohibited
CD72:8
United States of America.
(Code 1965, §19-154; Ord. No. 931, 2-2348; Ord. No. 1083, 6-
6-55; Code 1991, §72.53)
Cross reference(s)—Penalty, §72.99.
72.54 Tampering With Meters Prohibited
It shall be unlawful for any person to deface, injure,
tamper with, willfully break, destroy or impair the
usefulness of, or to open without lawful authority, any
parking meter installed in accord with this article.
(Code 1965, §19.155; Ord. No. 931. 2-23-48; Ord. No. 1083, 6-
6-55; Code 1991, §72.54)
Cross references) —Penalty, §72.99.
72.55 Collections From Meters
The mayor shall assign or cause to be assigned a
competent person to make collections of deposits from
parking meters installed under this article. Such
collections shall be delivered to the city controller and
deposited to the credit of the city.
(Code 1965, §19-156; Ord. No. 931, 2-23-48; Ord. No. 1082, 6-
6-55; Ord. No. 1083, 6-6-55; Code 1991, §72.55)
72.56 Loading Zones Not Prohibited
Nothing in this article shall be construed as prohibiting
the city from providing for bus stops and taxicab stands
and for other matters of similar nature, including the
loading or unloading of trucks, vans or other
commercial vehicles.
(Code 1965, §19-157; Ord. No. 931, 2-23-48; Ord. No. 1083, 6-
6-55; Code 1991, §72.56)
72.57 Parking Meter Zones
(A) The mayor, or his duly authorized representative, is
hereby authorized, to describe, establish and alter
packing meter zones.
(B) Parking meters shall be installed not more than two
feet from the curb nor more than four feet from the
front line of the parking space. Spaces shall be
marked out as individual parking meter spaces for
vehicles and kept clearly marked at all times. No
parking meter authorized herein shall be so
installed or a parking space so established that it
will obstruct the convenient egress and ingress to
any property butting on any street.
(C) Each parking meter installed under this section,
shall be set to operate upon the deposit therein of
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TITLE VII TRAFFIC CODE
the prescribed coin or coins for the period of time
prescribed as parking time limits in subsection (F)
below. Each of such meters shall be so arranged
so as to show or display a signal, which shall
clearly indicate whether the time limit during which
parking in that space is permitted has expired.
(D) Any person parking a vehicle within a parking
meter zone established by this section shall park
the.same wholly within the lines of the parking
space marked as provided in subsection (B), and it
shall be unlawful for any. person to park or leave a
vehicle in any such zone, unless it is wholly within
such space. Where the parking meters are placed
in front of parking spaces, the radiator shall be as
near as possible to the parking meter controlling
the space, and where the parking meters are
placed alongside the parking spaces, the front
fender or front wheels of the vehicle shall be as
near as possible to the parking meter controlling
the space.
alongside of or next to which any parking
meter is placed while the parking meter is
displaying a signal showing that the time for
which the privilege to park in such space has
been granted has expired, without making the
deposit required in this section.
(2) Each hour or portion thereof that a vehicle is
parked overtime in violation of this section
shall constitute a separate offense.
(3) This section shall not be applicable on days or
during hours in which subsection (E) above
does not require the deposit of a coin in the
parking meter.
(Code 1965. §§19-169-19-173; Ord. No. 931, 2-23A8; Ord.
No. 1196, 4-6-59; Ord. No. 1775,12-21-70; Ord. No. 2403,12-
E-77; Ord. No. 2410,1-16-78; Ord. No. 2616, 4-1-80; Ord. No.
2769, 11-3-81; Ord. No. 4222, 2-15-00; Code 1991, §72.57)
Cross reference(s)-Penalty, §72.99.
(E) Except in a period of emergency determined by an
o
officer of a fire company or of the police
72.580ff-Street Parkin Meter Facilities;
9
department, or except in compliance with the
Rates For City Garage
directions of a police officer or traffic control signal,
when any vehicle shall be parked in a space
(A) Established. The following named and described
regulated by a parking meter installed under this
real estate lying within the corporate limits of the
subsection, between the hours of 8:00 a.m. and
city is hereby established as and shall constitute
6:00 p.m., on any day except Sunday and public
parking meter facilities:
holidays, the owner, operator or driver of such
vehicle shall, upon entering such parking space,
(1) Lots 8 to 15, inclusive, in Block 26 of the
immediately deposit in the parking meter regulating
original plat of the city, including an alley 10
such space one or more coins of the United States
feet in width and running in an east and west
of America designated in subsection (F) below.
direction and adjoining the southern boundary
The failure to deposit such proper coin or coins
- of Lots 12 to 15, inclusive, and the northern
shall be deemed a violation of this section.
boundary of Lots 8 to 11 inclusive.
(F) Any vehicle parking or standing in any parking
(2) Lots 8, 9, 10, 11, 12, 13, 14 and 15 of Block
meter space within a zone established by this
30, in the town (now city), as designated upon
section may lawfully occupy such space for one
the original plat of said town.
hour or less .by paying the same rate as
—
established in §72.58(H), Parking lot fees, (1) short
(3) Lot 9A and a part of Lot 10, in Block 29, of the
term metered spaces.
original plat of the city.
.. (1) Upon the expiration of the legal parking time
(4) Part of the Northwest Quarter of the
as above. prescribed, it shall be the duty of the
Southwest Quarter of Section 15, Township 16
owner or driver of the vehicle forthwith to
North, Range 30 West, described as follows:
remove the vehicle from the parking space,
Beginning at a point 84 feet south and 25 feet
and it shall be unlawful for any person to
east of the northwest comer of the said 40.
cause, allow, permit, or suffer any such
acre tract, and running thence south 178 feet;
vehicle driven by him or registered in his name
thence east 70.3 feet; thence. north 178 feet;
to be parked or standing overtime or remain
thence west 70.3 feet to the point of
therein beyond the parking time limit
beginning.
prescribed by this section. It shall likewise be
(5) A part of Block 7, of the original plat of the city,
unlawful for any person to permit a vehicle
more particularly described as beginning at a
driven by him/her or registered in his name to
point 13 feet and two inches south of the
remain or. be placed in any parking space
northwest comer of said Block 7, running
CD72:9
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TITLE VII TRAFFIC CODE
thence east 50 feet; thence south 267 feet to
otherwise.
the point of beginning.
(D) Installation, location, mechanical requirements,
(6)
Lots 7, 8, 9 and 10 of Block 17 in the town
and maintenance of meters. In the parking meter
(now city) as designated upon the original plat
facilities established by this article, the mayor shall
of said town.
cause parking meters to be installed upon the curb
immediately- adjacent to the parking spaces
(7)
Lots 8, 9 and 10 of Block 13 in the town (now
marked in accord with subsection (C) above, such
city) as designated upon the original plat of
installation to be placed not more than two feet
said town.
from the curb or concrete islands as provided, from
the front line of the parking space as indicated, and
(8)
Lots 1, 2, Lot 3, less 52.53 feet of equal and
the mayor shall be responsible for the regulation,
uniform width off the south side thereof, and
control, operation, maintenance, and use of such
Lot 12, less 50 feet of equal and uniform width
parking meters. Each parking meter installed shall
off the south side thereof of Block 13 in the
indicate by proper legend the legal parking time
town (now city) as designated upon the
established by the city and, when operated, shall at
original plat of said town.
all times indicate the balance of legal parking time,
and at the expiration of such period shall indicate
(9)
Part of Block 25, in the town (now city) as
illegal or overtime parking.
designated upon the original plat of said town,
and more particularly described as follows:
(E) Vehicles to be packed entirely within parking
Beginning at the northeast comer of Lot 1 in
spaces. At each space marked off in accord with
said Block 25, thence west 42 feet; thence
subsection (C) above, it shall be unlawful for any
south 49.3 feet; thence west 58 feet; thence
person to park anyvehicleacross any lines or
south 58.7 feet to the center of a platted alley;
markings of such space or in such position that the
thence east 100 feet; thence north 107 feet to
vehicle shall not be entirety within the area
the point of beginning.
designated by such lines or markings.
(10) Part of Block 15, in the original plat of the city,
(F) Deposit of coin required
described as follows: Beginning at a point 127
feet west of the northeast comer of Block 15
(1) Except in a period of emergency determined
and running thence south 206 feet to the north
by an officer of the fire or police departments,
line of a 12-foot alley; thence west 177 feet to
or in compliance with the directions of a police
the east line of an alley; thence north 90 feel;
officer or traffic control sign or signal, when
thence east 22 feet; thence north 116 feet to
any vehicle is parked in any parking space
the south line of Meadow Street; thence east
alongside or next to which a parking meter is
17 feet; thence south 27 feet thence east 20
located in accord with this section, the
feet; thence north 27 feet to the south line of
operator of such vehicle shall, upon entering
Meadow Street; thence east 118 feet to the
the parking meter space, immediately deposit
point of beginning.
or cause to be deposited in the meter such
proper coin of the United States as is required
(11) Lots numbered 12 and 13 in Block 30 of the
for such parking meter and is designated by
original town (now city).
proper directions on the meter, and when
required by the directions on the meter, the
(B) Definitions. For the purpose of this section "public
operator of such vehicle, after the deposit of
off-street automobile parking facilities' are defined
the proper coin or coins, shall also set in
as accommodations procured or provided, or both,
operation the timing mechanism on such
by public authority for the parking of motor vehicle
meter in accordance with directions properly
off the street or highway, and open to public use
appearing thereon. Failure to deposit such
with or without charge. Parking facilities may
proper coin, and to set the timing mechanism
consist of lots, garages, or other structures and
in operation when so required, shall constitute
accessories; they may be surfaced facilities or
a violation of this section. Upon the deposit of
facilities above or below ground.
such coin (and the setting of the timing
mechanism in operation when so required)the
(C) Marking of parking spaces. The mayor is hereby
parking space may be lawfully occupied by
authorized to mark off individual parking spaces in
such vehicle during the period of time which
the parking meter facilities established by this
has been prescribed; provided that any person
section, such parking spaces to be designated by
placing a vehicle in a" parking meter space
lines painted or durably marked on the curbing or
adjacent to a meter which indicates that
CD72:10
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TITLE VII TRAFFIC CODE
unused time has been left in the meter by the
previous occupant of the space shall not be
required to deposit a coin so long as his
occupancy of the space does not exceed the
indicated unused parking time.
(2) This section shall apply everyday between the
hours of 8:00 a.m. and 6:00 p.m., except
Sundays and legal holidays.
(G) Deposit of coin required at gated lot. It shall be
unlawful for any person to cause, allow, permit or
suffer any vehicle operated by him or registered in
his name to be parked in a gated off-street parking
lot without the usage fee prescribed by subsection
(H) below having first been deposited.
(H) Parking lot fees. The following off-street parking
rates are hereby established:
(1) Short-term metered spaces (gray capped
meters) - $0.25 per hour;
(2) Long-term metered spaces (red capped
meters) - $0.15 per hour;
(3) Gated lots (per space) - $30.00 per month;
(4) Long-term parking permits (hang tags) for use
at long term meters only - $30.00 per month;
(1) Rates for parking in city parking garages.
(1) City parking garage on Meadow Street:
(a) First level (covered),
$45.00 per space/per month, or $3.00 per
visit if entry not restricted.
(b) Second level (covered),
$45.00 per space/per month.
(c) Third level (not covered),
$30.00 per space/per month, or $2.00 per
visit if entry not restricted.
(2) Parking garages built or purchased after
January 1, 2000, including the Town Center,
shall be rented at a market rate not to exceed
a uniform fee of $70.00 per month/per space.
(3) It shall be unlawful for any person to cause,
allow, permit or suffer any vehicle operated by
him or registered in his name to be parked in
any city parking garage without paying the
CD72:11
parking fees prescribed above.
(J) Overtime parking.
(1) If any vehicle remains parked in any parking
space in a parking meter facility established
by this section beyond the parking time limit
set for such parking space, and if the meter
indicates such illegal parking, then, and in that
event, such vehicle shall be considered as
parking overtime and beyond the period of
legal parking time, and such parking shall be
deemed a violation of this section. It shall be
unlawful for any person to cause, allow, permit
or suffer any vehicle operated by him. or
registered in his name to be parked overtime,
or beyond the period of legal parking time
established for any parking meter facility as
herein described, or to deposit in any parking
meter any coin .for the purpose of parking
beyond the maximum legal parking time for
the particular parking meter space or to permit
any such vehicle to remain or to be placed in
any parking space adjacent to any parking
meter while the meter is displaying a signal
indicating that the vehicle occupying such
space has already been parked beyond the
period prescribed for such parking space.
(2) Each additional hour or fraction thereof that a
vehicle is parked in violation of this section
shall constitute a separate offense.
(3) It shall be unlawful for any person to cause,
allow, permit or suffer any vehicle operated by
him or registered in his name to be parked in a
gated off-street parking lot for more than 24
continuous hours. Each additional hour or
fraction thereof that a vehicle is parked in
violation of this section shall constitute a
separate offense.
(K) One-way tratrc.
(1) The mayor is hereby authorized to determine
and designate specific lanes upon the real
estate described in subsection (A) above upon
which vehicular traffic shall proceed in one
direction only and shall cause to be placed
appropriate markings, signs, barriers, or other
devices to give notice thereof. The mayor
shall cause to be erected signs temporarily
designating lanes to be used by traffic moving
in a particular direction, regardless of the
centerline of the roadway.
(2) When signs indicating the direction of traffic
are erected and r maintained in accord with
DRAFIT
TITLE Vll TRAFFIC CODE t
subsection (1) above, vehicular traffic shall hearing officer's decision shall in no way
move only in the indicated direction, and it affect any criminal proceeding in
shall be unlawful for any person to operate connection with the immobilization. The
any vehicle in violation of the markings, signs, decision of the hearing officer shall be
barriers, or other devices placed in final. Failure to request a post -
accordance with subsection (1) above. immobilization hearing within three days
from the date of immobilization, or failure
(L) Immobilization of illegally parked motor vehicle. to attend a scheduled post -immobilization
hearing shall be deemed a waiver of the
(1) Immobilization authorized. Employees of the right to such hearing; and, the police
traffic division and officers of the police department shall be authorized to have
department are hereby authorized to the vehicle towed to and stored at a safe
temporarily immobilize any vehicle which is place designated as an official police
parked in violation of any provision of this garage by the chief of police. The owner
chapter and whose owner has been cited for or operator of the vehicle shall be liable
violating these parking regulations at least for all towing and storage fees.
twice in the preceding thirty days or has
outstanding fines and costs from previous (4) Decision of hearing officer.
parking violations due and owing.
(a) The hearing officer shall only determine
(2) Post -deprivation hearing. When any vehicle is whether there was probable cause to
immobilized under the provisions of this immobilize the vehicle. If the hearing
section, the owner or operator shall have the officer determines that there was no
right to a post -deprivation administrative probable cause, the hearing officer shall
hearing by filing a written request for such a prepare and date a certificate of no
hearing with the mayor. probable cause, a copy of which shall be
given to the registered owner of the
(3) Conduct of hearing. vehicle or his agent and to the police
department and traffic division. Upon •
(a) A hearing shall be conducted before a receipt of the owners copy of such
hearing officer designated by the mayor certificate, an employee of the traffic
and shall be held within 24 hours from division or an officer of the police
receipt of a written demand therefor, department shall remove the
unless the right to a speedy hearing is immobilization device from the vehicle.
waived in writing. Saturdays, Sundays,
and city holidays are to be excluded from (b) If the hearing officer determines that there
calculating said 24-hour period. The was probable cause for immobilizing the
hearing officer shall not be the person vehicle, the registered owner, or his
who directed the impounding and storage agent, may obtain removal of the
of the vehicle. The sole issue before the immobilization device by posting a bond
hearing officer shall be whether there was in a reasonable amount specified by the
probable cause to immobilize the vehicle district court. The amount of said bond
in question. shall be not less than a sum equivalent to
the cumulative total of applicable fines,
(b) The hearing officer shall conduct the court costs, towing fees and storage fees.
hearing in an informal manner and shall Upon presentation of a receipt evidencing
not be bound by technical rules of the posting of said bond, an employee of
evidence. The person demanding the the traffic division or an officer of the
hearing 'shall carry the burden of police department shall remove the
establishing that such person has the immobilization device from the vehicle.
right to possession of the vehicle. The
city shall carry the burden of establishing (Code 1965, §§19-185-19-195; Ord. No. 1083, 6-6-55; Ord.
that there was probable cause to No. 1197, 4-6-59; Ord. No. 1231, 1-25-60; Ord. No. 1242, 8-8-
immobilize the vehicle in question. Al the 60; Ord. No. 1576, 11-6-67; Ord. No. 1802, 6-21-71; Ord. No.
conclusion of the hearing, the hearing 1866, 6-5-72; Ord. No. 2613, 3-18-80; Ord. No. 2769.11-3-81;
officer prepare a written decision. A Ord. No. 2815, 6-15-82; Ord. No. 2875, 11-23-82; Ord. No.
c0 of such decision shall be provided t0 2914' 4-19-83; Ord. No. 2939, 9-12-83; Ord. No. 3995, §11, 9-
copy P 17-96; Ord. No. 4222, 2-15-00; Code 1991, §72.58)
the person demanding the hearing and to Cross reference(s)-Penalty, §72.99.
the registered owner of the vehicle. The -�
CD72:12 -.
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TITLE VII TRAFFIC CODE
72.59-72.98 Reserved
72.99 Penalties
(A) Whoever violates any provision of this chapter for
which no specific penalty is otherwise provided
shall be fined as set forth in §10.99.
(B) The penalty for each violation of §§72.13, 72.57 or
72.58(J) shall be $5.00, if paid before the issuance
Of a summons, citation, or arrest warrant;
otherwise, the penalty for each violation of
§§72.13, 72.57, 72.58(J) shall be $25.00; provided _
the penalty for each violation of §§72.13, 72.57, or
72.58(J) in excess of five parking violations in any
calendar month shall be $25.00 if paid before the
issuance of a summons, citation, or arrest warrant;
otherwise, the penalty for each violation of
§§72.13, 72.57, or 72.58(J) in excess of five
parking violations in any calendar month shall be
$50.00.
• CD72:13
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73.01
APPLICATION OF TRAFFIC REGULATIONS TO RIDERS; TRAFFIC -CONTROL DEVICES
73.02
REQUIRED EQUIPMENT................................................................................................................3
73.03
USE OF SEAT REQUIRED; CARRYING EXCESS PASSENGERS..............................................3
73.04
RIDING ON ROADWAYS AND BICYCLES PATHS.......................................................................3
73.05
RIDING ON SIDEWALKS................................................................................................................3
73.06
SPEED..............................................................................................................................................3
73.07
EMERGING FROM ALLEY, DRIVEWAY OR BUILDING...............................................................4
73.08
CLINGING TO VEHICLES...............................................................................................................4
73.09
CARRYING ARTICLES...................................................................................................................4
73.10
PARKING.........................................................................................................................................4
73.11-73.99
RESERVED ........... ..................... __-------------
e
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CD73:2
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CHAPTER 73: BICYCLES*
73.01 Application Of Traffic Regulations
To Riders; Traffic -Control Devices
(A) Every person riding a bicycle upon a roadway
shall be granted all of the rights and shall be
subject to all the duties applicable to the driver of
a vehicle by the laws of this state declaring rules
of the road applicable to vehicles or by the traffic
ordinances of this city applicable to the driver of a
vehicle, except as to special regulations in this
chapter and except as to those provisions of laws
and ordinances which, by their nature, can have
no application.
(B) Any person operating a bicycle shall obey the
instruction of official traffic control signals, signs
and other control devices applicable to vehicles,
unless otherwise directed by a police officer.
Whenever authorized signs are erected indicating
that no right or left or U-turn is permitted, no
person operating a bicycle shall disobey the
direction of any such sign, except where such
person dismounts from the bicycle to make any
such turn, in which event such person shall then
obey the regulations applicable to pedestrians.
(Code 1965, §§19-204, 19-205; Ord. No. 1447, 6-7-65; Code
1991, §73.01)
Cross reference(s) -Penalty, §70.99.
State law reference(s)-Use of bicycles or animals,
A.C.A. §27-49-111.
73.02 Required Equipment
Every bicycle, when in use at nighttime, shall be
equipped with a lamp on the front which shall emit a
white light visible from a distance of at least 500 feet
to the front and with a red reflector on the rear of a
type which shall be visible from all distances from 50
feet to 300 feel to the rear when directly in front of
lawful upper beams of head lamps on a motor vehicle.
A lamp emitting a red light to the rear may be used in
addition to the red reflector. Every bicycle shall be
equipped with a brake which will enable the operator
to make the braked wheel skid on dry, level, clean
pavement.
(Code 1965. §19-206; Ord. No. 1447, 6-7-65;,Code 1991.
§73.02)
Cross reference(s)-Penalty, §70.99.
State law reference(sKamps on bicycle, A.C.A. §27-
36-220.
CD73:3
73.03 Use Of Seat Required; Carrying
Excess Passengers
A person propelling a bicycle shall not ride other than
astride a permanent and regular seat attached
thereto. No bicycle shall be used to carry more
persons at one time than the number for which it is
designed and equipped.
(Code 1965, §19-207; Ord. No. 1447, 6-7-65;. Code 1991,
§73.03)
Cross reference(sy-Penalty, §70.99.
73.04 Riding On Roadways And Bicycles
Paths
Every person operating a bicycle upon a roadway
shall ride as near to the right-hand side of the
roadway as practicable, exercising due care when
passing a standing vehicle or one, proceeding in the
same direction. Persons riding bicycles upon a
roadway shall not ride more than two abreast, except
on paths or parts of roadways set aside for the
exclusive use of bicycles. Whenever a usable path
for bicycles has been provided adjacent to a roadway,
bicycle riders shall use such path and shall not use
the roadway.
(Code 1965, §19-208: Ord. No. 1447, 6-7-65; Code 1991,
§73.04)
Cross reference(s)--Penalty,§70.99.
73.05 Riding On Sidewalks
No person shall ride a bicycle upon a sidewalk within
a business district, except those sidewalks which run
along a collector street or a minor or major arterial
street when so designated and marked as a bicycle
route. Whenever any person is riding a bicycle upon
a sidewalk, such person shall yield the right-of-way to
any pedestrian and shall give an audible signal before
overtaking and passing such pedestrian.
(Code 1965, §19-209; Ord. No. 1447. 6-7-65; Ord. No. 3983.
§1. 7-2-96; Code 1991, §73.05)
Cross reference(s)-Penalty, §70.99.
73.06 Speed
No person shall operate a bicycle at a speed greater
than is reasonable and prudent under the conditions
then existing.
(Code 1965. §19-210: Ord. No. 1447, 6-7-65; Code 1991,
§73.06)
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TITLE VII TRAFFIC CODE
Cross reference(s)--Penalty, §70.99.
73.07 Emerging From Alley, Driveway Or
Building
The operator of a bicycle emerging from an alley,
driveway or building shall, upon approaching a
sidewalk or the sidewalk area extending across the
alleyway, yield the right-of-way to all pedestrians
approaching on such sidewalk area and, upon
entering the roadway, shall yield the right-of-way to all
vehicles approaching on such roadway.
(Code 1965, §19-211; Ord. No. 1447, 6-7-65; Code 1991,
§73.07)
Cross reference(s) -Penalty, §70.99.
73.08 Clinging To Vehicles
No person riding upon any bicycle shall attach the
same or himself to any vehicle upon a roadway.
(Code 1965,.§19-212; Ord. No. 1447, 6-7-65; Code 1991,
§73.08)
Cross reference(s)-Penalty, §70.99.
73.09 Carrying Articles
No person operating a bicycle shall carry any
package, bundle or article, which prevents the rider
from keeping at least one hand upon the handlebars.
(Code 1965, §19-213; Ord. No. 1447, 6-7-65; Code 1991,
§73.09)
Cross reference(s)-Penalty, §70.99.
73.10 Parking
No person shall park a. bicycle upon a street other
than upon the roadway against the curb or upon the
sidewalk in a rack to support the bicycle or against a
building or at the curb, in such manner as to afford the
least obstruction to pedestrian traffic.
(Code 1965, §19-214; Ord. No. 1447, 6-7-65; Code 1991,
§73.10)
Cross reference(s)-Penalty, §70.99; Operation of
bicycles in parks, § 97.054.
73.11J3.99 Reserved
CD73:4
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74.01 APPLICATION OF REGULATIONS................................................................................................3
74.02 RIGHT-OF-WAY IN CROSSWALKS; USE BY PEDESTRIANS....................................................3
74.03 DUTY TO YIELD RIGHT-OF-WAY TO VEHICLES AT CERTAIN PLACES..................................3
74.04 HITCHHIKING PROHIBITED...........................................................................................................3
74.05 SOLICITING FROM PUBLIC ROADWAYS OR SIDEWALKS PROHIBITED................................3
74.06 BLIND PEDESTRIANS....................................................................................................................3
74.07 DUTY OF DRIVERS TO EXERCISE CARE WITH REGARD TO PEDESTRIANS ........................4
74.08 USE OF SKATES, COASTERS AND THE LIKE; CLINGING TO VEHICLES...............................4
74.09-74.98 RESERVED...............................................................................................................................4
74.99 PENALTY............
•
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CD74:2
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TITLE VII TRAFFIC CODE
CHAPTER 74: PEDESTRIANS
74.01 Application Of Regulations the right-of-way to vehicles upon the roadway.
Pedestrians shall be subject to traffic control signals
at intersections as declared in this traffic code, but at (B) Any pedestrian crossing a roadway at a point
all other places pedestrians shall be accorded the where a pedestrian tunnel or overhead
privileges and shall be subject to restrictions stated in pedestrian crossing has been provided shall yield
this chapter. the right-of-way to all vehicles upon the roadway.
(Code 1965, §19-245; Ord. No. 1447. 6-7-65; Code 1991, (Code 1965. §19-249; Ord. No. 1447, 6-7-65; Code 1991.
§74.01) §74.03)
State law reference(s)-Privileges and restrictions Cross reference(s)-Penalty, §74.99.
generally, A.C.A. §27-51-1201; Crosswalks, A.C.A. §27-49.
204; Persons, A.C.A. §27-49-208. State law reference(s)-Pedestdans crossing at other
than crosswalks, A.C.A. §27-51-1204: Vehicle or streetcar
74.02 Right -Of -Way In Crosswalks; Use entering stop or yield intersection, A.C.A. §27-51-503; Signal
By Pedestrians legend, A.C.A.§27-52-107.
(A) Where traffic control signals are not in place or i74.04 Hitchhiking Prohibited
n No person shall solicit a ride from the driver of any
operation, the driver of a vehicle shall yield the private vehicle.
right-of-way, slowing down or stopping if need be
to so yield, to a pedestrian crossing the roadway (Code 1965, §19-250; Ord. No. 1447, 6.7-65; Code 1991,
within any marked crosswalk or within any §74.04)
unmarked crosswalk at an intersection, except as
otherwise provided in this chapter. - Cross references) --Penalty, • §74.99. State law references Solicitin rides, A.C.A. 527-51-
(B) Whenever any vehicle is stopped at a marked ()' 9
crosswalk or at any unmarked crosswalk at an 1205
intersection to permit a pedestrian to cross the
roadway, the driver of any other vehicle 74.05 Soliciting From Public Roadways
approaching from the rear shall not overtake and Or Sidewalks Prohibited
pass such stopped vehicle. No person shall stand in a public roadway or upon a
public sidewalk for the purpose of soliciting a
(C) Between adjacent intersections at which traffic monetary contribution or for the purpose of selling
control signals are in operation, pedestrians shall goods or services to any occupant of a motor vehicle.
not cross at any place except in a marked
crosswalk. (Code 1965, §19-250.1; Ord. No. 2476, 10-17-78; Code
1991, §74.05)
(D) Pedestrians shall move, whenever practicable, Cross reference(s)-Penalty, §74.99.
upon the right half of crosswalk.
(Code 1965, §§19-246-19.248; Ord. No. 1447, 6-7-65; Code 74.06 Blind Pedestrians
1991,§74.02)
(A) All blind persons traveling along or across the
Cross references) -Penalty, §74.99. streets of the city shall have the right-of-way over
all other traffic on such streets, except at street
State law reference(s) -Pedestrians right-of-way in intersections where traffic lights are maintained.
crosswalks, A.C.A. §27-51-1202; Use of crosswalks, A.C.A. To entitle such persons to the right-of-way, they
§27-51-1203. shall carry a white cane with red tip, or a cane the
74.03 Duty To Yield Right -Of -Way To color of which is predominantly white, or light, or
a cane constructed of aluminum or other light -
Vehicles At Certain Places colored metal.
(A) Every pedestrian crossing a roadway at any point (B) All traffic on the streets shall yield the right -of -
other than within a marked crosswalk or within an way to blind persons carrying a cane as
unmarked crosswalk at an intersection shall yield CD74:3 described in subsection (A) above, except at
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TITLE VII TRAFFIC CODE
street intersections where traffic lights are fined as set forth in §10.99.
maintained. Anyone failing to yield the right -of- .
way to such blind pedestrians shall be guilty of a (B) Whoever violates any provisions of §74.06 shall
misdemeanor and subject to a fine as set forth in be fined not more than $100.00.
:�Z
(Code 1965, §19-251; Ord. No. 1447, 6-7-65; Code 1991,
§74.06)
Cross reference(s)—Penalty, §74.99.
State law reference(s)—Reasonable precautions by
drivers, A.CA. §20-14-306.
74.07 Duty Of Drivers To Exercise Care
With Regard To Pedestrians
Notwithstanding the provisions of this chapter, every
driver of a vehicle shall exercise due care to avoid
colliding with any pedestrian upon any roadway and
shall give warning by sounding the horn when
necessary and shall exercise proper precaution upon
observing any child or any confused or incapacitated
person upon a roadway.
(Code 1965, §19-252; Ord. No. 1447, 6-7-65; Code 1991,
§74.07)
Cross references) -Penalty, §74.99.
State law reference(s)--Pedestrians crossing at other
than crosswalks, A.C.A. §27-51-1204.
74.08 Use Of Skates, Coasters And The
Like; Clinging To Vehicles
(A) No person upon roller skates or riding in or by
means of any coaster, toy vehicle or similar
device shall go upon any roadway except while
crossing a street on a crosswalk and, when so
crossing, such person shall be granted all of the
rights and shall be subject to all of the duties
applicable to pedestrians.
(B) No person riding upon any coaster, roller skates,
sled or toy vehicle shall attach the same or
himself to any vehicle upon a roadway.
(Code 1965, §§19-18, 19-20; Ord. No. 1447, 6-7-65)
Cross reference(s)—Penalties, §74.99.
74.09-74.98 Reserved
74.99 Penalty
(A) Whoever violates any provision of this chapter for
which no penalty is otherwise provided shall be
CD74:4
(Code 1965, §§19-251, 19-263(b); Ord. No. 1447, 6-7-65;
Ord. No. 2219, 5-4-76; Code 1991, §74.99)
State law reference(s)—Vehicle or streetcar entering
stop or yield intersection, A.C.A. §27-51-503(2).
/ 1
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ARTICLE I GENERAL PROVISIONS
90.01 DEFINITIONS.....................................................................................................................................3
90.02 REMOVAL OF UNATTENDED OR ABANDONED VEHICLES........................................................ 3
90.03 ADVERTISEMENT AND SALE..................................................................................................... 3
90.04 RECORDS TO BE KEPT.............................................................................................................. 3
90.05 DISPOSITION OF PROCEEDS OF SALE......................................................................................... 3
90.06 RECLAMATION OF ABANDONED PROPERTY.............................................................................. 3
90.07-90.99 RESERVED............................................................................................................................. 3
CD90:1
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CD90:2
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CHAPTER 90 ABANDONED PROPERTY
ARTICLE I
GENERAL PROVISIONS
90.01 Definitions
For the purpose of this chapter the following definition
shall apply unless the context clearly indicates or
requires a different meaning.
Abandoned property. All personal property found
on the streets of the city and in the possession of the
police department, or any other personal property
rightfully coming into the possession of the police
department, which has not been claimed and retaken
by any person claiming to be the owner, within a period
of six months after the personal property comes into the
possession of the police department.
(Code 1965, §16-3; Ord. No. 1838. 12-6-71; Code 1991,
§90.01)
90.02 Removal Of Unattended Or
Abandoned Vehicles
The removal and disposition of any unattended or
abandoned vehicles within the City of Fayetteville
shall be conducted in accordance with the provisions
of A.C.A. §27-50-1202 et seq. as it may be, from time
to time, amended.
90.03 Advertisement And Sale
Whenever, in the opinion of the mayor and the chief of
police, it is desirable to make a disposition of the
abandoned property in the possession of the police
department, the mayor is hereby authorized to advertise
the same for public sale at auction. The advertisement
shall be published in a newspaper having a general
circulation in the city for a period of three consecutive
days, the last notice to be published not less than two
days prior to the date of the sale. The sale shall be
held in some suitable place open to the public. If, for
any reason, in the opinion of the chief of police or
mayor, it is desirable to postpone the sale, notice shall
be given to those who have assembled for the sale, and
it shall not be necessary to advertise the sale again.
This sale shall be conducted by the police department,
which is authorized to receive bids for individual items,
groups of items or for the entire list of abandoned
property being offered for sale. The official conducting
the sale is further authorized to reject all bids if, in his
opinion, it is desirable to do so.
(Code 1965, §16-4; Ord. No. 1838, 12-6-71; Code 1991,
§90.03)
CD90:3
90.04 Records To Be Kept
A description of all articles offered for sale shall be kept
in a book maintained by the police department, which
book shall reflect when and where each article was
offered for sale, and the price received therefor.
(Code 1965, §16-5; Ord. No. 1838. 12-6-71; Code 1991,
§90.04)
90.05 Disposition Of Proceeds Of Sale
The proceeds received from any such sale of
abandoned properly shall be fumed in to the Director of
Finance and Internal Services to be paid into the
general fund of the city. If, within 60 days of the actual
date of sale, any person successfully establishes
ownership of any of the articles sold as set out above,
he shall be paid the amount realized from the sale of
his abandoned chattel less the expenses of such sale
including storing or handling and the cost of publication
of notice of sale. Any sums remaining in the hands of
the Director of Finance and Internal Services and not
claimed within the 60 day period, shall be the sole
property of the city and shall be used in the same
manner as other general funds of the city.
(Code 1965, §16-6; Ord. No. 1838, 12-6.71; Code 1991,
§90.05)
90.06 Reclamation Of Abandoned
Property
No part of this chapter shall be construed as prohibiting
anyone from reclaiming any item of abandoned
personal property, upon proper proof of ownership,
before sale has been consummated in accordance with
this section.
(Code 1965, §16-7; Ord. No. 1838, 12-6-71; Code 1991,
§90.06)
90.07-90.99 Reserved
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ARTICLE I GENERAL PROVISIONS
91.01 STATIONARY AIRCRAFT ENGINE RUN-UP TESTING OPERATIONS ....................................... 3
91.02 91.13 RESERVED.............................................................................................................................. 3
ARTICLE II AERONAUTICALLY ASSOCIATED SERVICES
91.14 CONFORMANCE TO CITY'S MINIMUM STANDARDS REQUIRED ............................................ 3
91.15 FLOWAGE FEES; RECORDS TO BE KEPT................................................................................. 3
91.16.91.98 RESERVED.............................................................................................................................. 3
91.99 PENALTY........................................................................................................................................3
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CHAPTER 91: AIRPORTS AND AIRCRAFT
ARTICLE I
GENERAL PROVISIONS
91.01 Stationary Aircraft Engine Run -Up
Testing Operations
Prohibited between certain hours. It shall be
unlawful for the owner, lessee or operator of any (B)
airplane to perform stationary aircraft engine run-up
testing operations at the Fayetteville Municipal Airport
(Drake Field) between the hours of 11:00 p.m. and 6:00
a.m. on any day.
(Code 1965, §2A-2; Ord. No. 2851, 9-7-82; Ord. No. 2940. 9.
12-83; Code 1991, §91.02)
Cross reference(s)-Penalty, §91.99.
91.02-91.13 Reserved
ARTICLE II
AERONAUTICALLY ASSOCIATED
SERVICES
91.14 Conformance To City's Minimum
Standards Required
(A) Ail commercial aeronautically associated services,
operations or activities offered or performed at the
Fayetteville Municipal Airport (Drake Field) shall
conform to the city's minimum standards for
commercial aeronautical activities.
(B) All nonpublic aircraft shall conform to the city's
minimum standards for dispensing and handling
fuel and shall be required to obtain a fuel
dispensing permit as provided in such standards.
(Code 1965, §§2A-11. 2A-11.1; Ord. No. 1824, 9-20-71; Ord.
No. 2733, 6-1"1; Ord. No. 3314. 11-17-87)
Cross references) -Penally, §91.99.
91.15 Flowage Fees; Records To Be Kept
(A) Fuel suppliers. Any person business entity, or
organization, other than the city, supplying aviation
fuel or automotive fuel at the Fayetteville Municipal
Airport shall pay to the city a flowage fee of $0.05
per gallon for aviation or automotive fuel delivered
to the Fayetteville Municipal Airport. Such flowage
fee shall be in addition to the flowage fee imposed
by subsection (B) of this section. The supplier
shall keep accurate records reflecting the number
of gallons of aviation or automotive fuel delivered
CD91:3
to Fayetteville Municipal Airport each month and
shall remit to the city finance department by the
100 day of each month the flowage fee payable
under this section, together, with copies of the
supplier's bills of lading for the preceding month
reflecting the number of gallons delivered to the
Fayetteville Municipal Airport.
Petroleum product distributors. Any petroleum
product distributor supplying aviation or automotive
fuel to any person, business entity, or organization,
other than the city, at the Fayetteville Municipal
Airport(Drake Field) shall pay to the city a flowage
fee of $0.01 per gallon of aviation or automotive
fuel supplied at the Fayetteville Municipal Airport
(Drake Field). Said supplier shall keep accurate
records reflecting the number of gallons of aviation
and automotive fuels supplied at the airport each
month and shall remit to the city finance director by
the 10th day of the month the flowage fee payable
under this section, together with a copy of said
supplier's records for the preceding month
reflecting the number of gallons supplied at the
airport.
(C) Scheduled aircraft carders providing own fuel. Any
aircraft carrier providing its own fuel to its own
aircraft at the Fayetteville Municipal Airport (Drake
Field) shall pay to the city a flowage fee of $0.05
per gallon on all aviation fuel and gasoline fuel
delivered to the Fayetteville Municipal Airport
(Drake Field) each month. Such aircraft carrier
shall present the city with bills of lading for all fuel
delivered to the Fayetteville Municipal Airport
(Drake Field) and remit the appropriate general
aviation and gasoline tax by the 101h day of the
succeeding month.
(Code 1965, §§2A-12; Ord. No. 2639.6-30-80; Ord. No. 2733,
6-16-81; Ord. No. 2874, 1-4-83; Ord. No. 3-69, 3-5-85; Code
1991, §91.16:Ord. No. 4343. 10-16-01)
Cross reference(s)-Penalty, §91.99.
91.16-91.98 Reserved
(Ord. No. 3556, 7-2-91, Code 2004)
91.99 Penalty
(A) Whenever in this chapter an act is prohibited or is
made or declared to be unlawful or an offense or a
misdemeanor, or whenever in such chapter the
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TITLE IX GENERAL REGULATIONS
doing of an 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 this chapter shall be punished by
a fine of not more than $500 or double that sum for
each repetition of such offense, or violation;
provided, no penalty shall be greater or less than
the penalty provided for the same or a similar
offense under the laws of the state. If the violation
of this chapter is, in its nature, continuous in
respect to time, the penalty for allowing the
continuation thereof shall not exceed $250for each
day that the same is unlawfully continued.
(B) Any person convicted of violating §91.02(A) shall
be punished by a fine of not more than $500 or
double that sum for each repetition of such
offense.
(Code 1965, §§1-5, 2A-2; Ord. No. 2128, 7-15-75; Ord. No.
2851, 9-7-82; Ord. No. 2940, 9-12-83; Code 1991, §91.99)
CD91:4
•
ARTICLE I GENERAL PROVISIONS
92.01 DEFINITIONS .......................
92.02 ANIMAL
92.03 SHOOTING, KILLING OR MOLESTING WILD ANIMALS PROHIBITED...........................................4
92.04 SALE OF DISEASED ANIMALS; KENNEL AND PET SHOP REGULATION
92.05 NOISY ANIMALS PROHIBITED
92.06 ANIMAL WASTE, OFFENSIVE ODORS PROHIBITED.......................................................................5
92.07-92.19 REPEALED..... ......... & ........ & ............ 0 ........ & .................. 0 ...................... 0 ............................. && ..... 5
92.20 ANNUAL LICENSE AND TAG ........................
92.21 RABIES VACCINATION REQUIRED....................................................................................................5
92.22 RUNNING AT LARGE PROHIBITED....................................................................................................6
• 92.23IMPOUNDMENT...................................................................................................................................6
92.24 REDEMPTION OF ANIMALS
92.26 CONFINEMENT WHEN PERSON BITTEN..........................................................................................7
92.26 VICIOUS ANIMALS RESTRICTED.......................................................................................................7
92.27 ABUSE OF POLICE DOGS PROHIBITED
7
92.28 KEEPING OF WILD ANIMALS...........................................................................................................7
92.29 TRANSPORTATION OF ANIMALS....................................................................................................7
92.30 PROHIBITION OF SALE OF ANIMALS FROM CERTAIN LOCATIONS............................................8
92-31-92.39 RESERVED.................................................................................................................................8
92.40 ANIMAL CONTROL OFFICER.............................................................................................................8
92.41 INTERFERENCE WITH ANIMAL CONTROL OFFICER PROHIBITED...............................................8
92.42-92.98 RESERVED ........................................... o
92.99 PENALTY
• CD92:1
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CHAPTER 92 ANIMALS
ARTICLE I
GENERAL PROVISIONS
92.01 Definitions
For the purpose of this chapter the following definitions
shall apply unless the context clearly indicates or
requires a different meaning.
Abandon. Any person in possession of an animal
who knowingly refuses to provide care for the animal as
defined by this chapter.
Animal. Any living creature, domestic or wild.
Animal control officer. Any person designated by
the State of Arkansas, a municipal government or a
humane society as a law enforcement officer who is
qualified to perform such duties under the laws of this
state.
Animal shelter. Any facility operated by a humane
society, municipal agency or its authorized agent(s) for
the purpose of impounding or caring for animals held
under the authority of this chapter or state law.
At large. Not under the physical control of the
animal's owner or harborer, or his authorized
representative, either by leash, cord, chain, fence, or
enclosure of sufficient strength or construction to
contain the animal. An animal intruding upon the
property of another person or upon public property and
not under the physical control referred to herein shall be
deemed 'running at large' An animal within an
automobile or other vehicle shall not he deemed
'running at large if the animal is physically confined to
the vehicle. An animal shall not be considered 'at
large when on the premises of the owner or harborer
thereof and accompanied by the owner or harborer.
Cat* A feline of either sex, including one neutered
or sterilized.
City. City of Fayetteville, Arkansas.
Dog. A canine of either sex, including one
neutered or sterilized.
Enclosure. A fence or structure forming or causing
an enclosure suitable to confine a vicious animaland
prevent the animal from escaping. .
Harbor. For a period of three days or more, to
keep and care for an animal or provide a premises to
which the animal returns.
Kennel and/or pet shop. As used herein, the term
CD92:3
"kennel' and 'pet shop' shall be construed to include
any individual or establishment for the raising, training,
boarding, or selling of dogs, cats, birds, mice, rats,
reptiles, fowl or fish or other small animals for hire or
profit.
License. A permit issued by the city to indicate that
an animal is vaccinated against rabies in accordance
with city ordinance and that the owner or harborer has
remitted to the city the levied permit fee.
Public nuisance. Any animal or animals which
(1) Molests passersby or passing vehicles.
(2) Attacks other animals.
(3) Trespasses on school grounds.
(4) Is repeatedly at large.
(5) Damages public or private property.
(6) Interferes with refuse collection of spreads
trash from refuse containers or molests meter
readers-
(7) Barks, whines, or howls in excessive,
continuous, untimely fashion.
Restraint. Any animal secured_ by leash or lead or
under the control of owner or harborer and obedient to
that person's command.
Tether. A rope, chain, or cable of appropriate
strength that is firmly anchored to the bed of an open
bed pickup truck or similar vehicle in at least two
places. Tether is to be used to restrain the animal and
fastened to the animal by means of a harness or collar
and to be the appropriate length as to afford the animal
freedom to move about the vehicle, but to restrict the
animal to a set radius to prevent it from reaching either
side or the. rear of the vehicle so that the animal cannot
be thrown from, fall from, or jump from the vehicle:
Vicious animal.
(1) Any animal which, when unprovoked,
approaches in a manner of attack any person
upon the streets, sidewalks, or any other
public ground or place;
(2) Any animal with a known propensity, tendency
or disposition to attack without provocation
human beings or domestic animals.
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TITLE IX GENERAL REGULATIONS
(3) Any animal which, without provocation, bites (F) If any animal is confined by chain, rope, or cable,
or attacks a human being or domestic animal the restraint must be no less than six feet long and
on public or private property; or so placed that the animal may not intrude on other
property, whether public or private, and provide
(4) Any animal owned or harbored primarily or in adequate room for normal postural adjustments
part for the purpose of animal fighting or any and for exercise. The area where any animal is
animal trained for animal fighting. confined must provide proper and adequate
drainage.
Notwithstanding the above definition, no animal
shall be declared vicious if the person attached or bitten
by said animal was teasing, tormenting, abusing or
assaulting the animal or was committing or attempting
to commit a crime.
No animal shall be declared vicious if a domestic
animal which was bitten or attacked was teasing,
tormenting, abusing or assaulting the animal or was
committing or attempting to commit a crime.
Wild animal. Any nonhuman primate, raccoon,
skunk, fox, wolf, coyote, poisonous snake, leopard,
panther, tiger, lion, lynx, or any other warm blooded
animal which can normally be found in the wild state, or
the offspring bome to wild animals tired with domestic
dogs or cats.
(Ord. No. 3588, §2, 1-21-92; Code 1991, §92.01; Ord. No.
4378, §1, 3-5-02)
92.02 Animal Care
(A) No owner shall fail to provide. his animals with
sufficient good and wholesome food and water,
shelter which provides protection from the weather
including four sides with opening, roof, and floor,
veterinary care when needed to prevent suffering;
and with humane care and treatment.
(B) No person shall -beat, cruelly ill-treat, torment,
tease, overload, overwork, or otherwise abuse an
animal, or cause, instigate, or permit any dogfight,
cockfight, bullfight, or other- combat between
animalsor between animals and humans.
(C) No owner of an animal shall abandon such animal.
(D) Any person who, as the operator of a motor
vehicle, strikes a domestic animal shall stop at
once and report the accident to the appropriate law
enforcement agency or to the local humane
society.
(E) No person shall expose any known poisonous
substance or toxic chemical whether mixed with
food or not so that the same shall be liable to be
eaten by any animal, provided that it shall not be
unlawful for a person to expose, on his property,
common rat poison mixed only with .vegetable
substance. _
CD92A
(Ord. No. 3588, §2, 1-21-92; Code 1991, §92.02)
Cross reference(s)-.Penalty, §92.99.
92.03 Shooting, Killing Or Molesting Wild
Animals Prohibited
It shall be unlawful for any person to shoot, hunt, kill,
chase, wound, or molest any wild animal within the
corporate limits of the city.
(Ord. No. 3588, §2, 1-21-92; Code 1991, §92.03)
Cross references) --Penalty, §92.99.
92.04 Sale Of Diseased Animals; Kennel
And Pet Shop Regulation
(A) It shall be unlawful for any person, pet shop, or
kennel to sell, offerto sell, or expose any diseased
or poisonous animal or any animal the sale of
which is prohibited by federal law.
(B) Every place used as a kennel or pet shop shall be
kept in a clean and sanitary condition, and no
refuse or waste materials shall be allowed to
remain thereon for more than 24 hours. The owner
or operator of a kennel or pet shop shall properly
treat any diseased animal and shall properly
isolate those animals having a disease contagious
to animal or human life; provided, any animal
which is diseased past recovery shall be
destroyed. All animals in a kennel or pet shop
shall be humanely treated and properly nourished.
Animals shall not be confined in one area in such
numbers that access to food and water is not
readily available.
(Ord. No. 3588, §2, 1-21-92; Code 1991, §92.04)
Cross reference(s)—Penalty, §92.99.
92.05 Noisy Animals Prohibited
It shall be unlawful for any person to keep on his
premises or under his control any animal which by loud
or frequent barking, howling, or otherwise shall disturb
the peace and quiet of any person who may reside
within reasonable proximity of the place where such
animal is kept.
(Ord. No. 3588, §2, 1-21-92; Code 1991, §92.05)
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Cross reference(s)-Penalty, §92.99. paying said fee a metal tag indicating that said fee
has been paid; provided a tag for any dog or cal
92.06 Animal Waste, Offensive Odors shall not be issued unless a certificate from a
Prohibited licensed veterinarian is presented which indicates
that said dog or cat has been vaccinated for rabies
(A) h
The owner of an animal shall be responsible for the wit m one year prior thereto.
removal of any excreta deposited by his animal(s)
on public walks, recreation areas, public parks, or
private property.
(B) It shall be unlawful for any person keeping or
harboring any animal to fail to keep the premises
where such animal is kept free from offensive
odors to the extent that such odors are disturbing
to any person residing within a reasonable
Proximity of said premises; and it shall be unlawful
to allow the premises where any animal is kept to
become unclean and a threat to the public health
by failing to diligently and systematically remove all
waste material from the premises.
(Ord. No. 3588, §1, 1-21-92; Code 1991, §92.06)
Cross reference(s)-Penalty,§92.99.
92.07-92.19 Repealed
92.20 Annual License And Tag
(A) Levy and amount of license. There is hereby
levied and there shall be collected an animal
licensing fee in the amount hereinafter provided on
each dog or cat owned or kept within the city. Said
fee shall be paid to the city or to a licensed
veterinarian. It shall be the duty of any licensed
veterinarian collecting a fee under the provisions of
this section to remit such fee to the city by the 101h
of the month next following the month in which said
fee is collected unless otherwise stated by written
contract or agreement with the city.
(1) For each neutered male or spayed female the
levied fee shall be in the amount of $5.00
annually. The fee for each unspayed female
or unneutered male shall be $15.00, except
the fee shall be $5.00 for any animal under six
months of age.
(C) License period. A license, if not revoked, shall be
valid for one year from the date of issue. A new
license shall be obtained each year by every owner
and a new fee paid. An owner shall have 30 days
from the date the license expires to obtain a new
license without penalty. Any person failing to
obtain a license within such period shall be
required to pay an additional fee of $5.00.
(D) Tag to be attached to animal's collar. It shall be
the duty of the owner or keeper of every dog within
the city to attach the tag provided for in subsection
(B) to a collar securely fixed around the neck of
said dog; it shall be the duty of the owner or keeper
of every cat within the city to attach the tag
Provided for in subsection (B) to said cat in a
reasonable manner. .
(E) Nothing in this section shall be construed to apply
to any dog or cat under the age of three months, or
to dogs or cats brought to the city on a temporary
basis for show or exhibition.
(Ord. No. 3588, §2, 1-21-92; Code 1991, §92.20)
Cross reference(s}-Penally, §92.99.
9221 Rabies Vaccination Required
(A) All dogs and cats in the city and other pets which
are subject to rabies shall be vaccinated annually
against rabies by an accredited veterinarian. A
metal tag evidencing such vaccination shall be
attached to the harness or collar of every dog in
the city, and shall be attached to every cat in the
city by a reasonable method. Any person who
shall keep any pet which is subject to rabies in the
city without first having such pet vaccinated for
rabies, at least once a year, shall be guilty of a
misdemeanor.
(2) Should a dog or cat be brought into the city, (B)
the person owning or keeping such dog or cat
shall have 30 days in which to pay the
licensing fee levied hereby. Any person failing
to pay said fee within such period shall be
required to pay an additional fee of $5.00.
(B) Issuance of license receipt and tag. The city
official or a licensed veterinarian to whom the fee
levied by subsection (A) above is paid shall issue a
receipt therefor and shall issue to each person
CD92:5
In case a tag for the animal licensing fee or rabies
vaccination required by this chapter is lost or
destroyed, a duplicate shall be issued by the city
upon presentation of a receipt or other verification
showing payment of said fee or receipt of such
duplicate tag. No tag shall be transferable from
one animal to another. No refunds shall be made
on any fee from one animal to another. No refunds
shall be made on any fee because of the death of
the animal or because the owner leaves the city
before the expiration of the license period.
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TITLE IX GENERAL REGULATIONS '; _•
(Ord. No. 3557, 7-16-91; Ord. No. 3588, §2, 1-21-92; Code -
1991,§92.21) (B) Whenever any animal in the animal shelter bears a
Cross reference(s)—Penalty, §92.99. city tag, it shall be the duty of the animal control
officer to notify the owner or the person to whom
State law reference(s)e Rabies Control Ad°, A.CA§20-
the tag was issued, if such person or owner can be
19-301 et seq; Vaccination dogs & cats required, A.CA §20-
19-305. found, that the animal has been taken up and
placed in the animal shelter and will be destroyed
92.22 Running At Large Prohibited or released to the Humane Society within 10 days
9 9 unless the fee hereinafter prescribed is paid. If the
owner or person to whom the tag was issued
(A) It shall be unlawful for the owner or person in cannot be found, the animal control officer shall, by
charge of any horse, mule, colt, sheep, cow, calf, registered mail sent to said person's last known
bull, jack, jenny, goat, hog, or swine of any kind to address, notify said person that the animal has
permit or suffer the same to run at large within the been impounded at the animal shelter, and will be
corporate limits of the city at any time. destroyed or released to the Humane Society
within 10 days if the fee hereinafter prescribed is
(B) It shall be unlawful for any person owning or having not paid. For the purpose of this section, the first
control of any chickens, turkeys, or other fowl to day of taking up shall be counted as the first day of
permit the same to run at large within the city. the impoundment period provided herein.
(C) It shall be unlawful for the owner or person having (Ord. No. 3588, §2, 1-21-92; Code 1991, §92.23)
charge of any dog or cat to permit or allow such
dog or cat to run at large within the corporate limits 92.24 Redemption Of Animals
of the city at any time.
(D) It shall be unlawful for the owner or person having (A) After the expiration of 10 days impoundment in the
charge of any dog or cat to permit or allow such case of a licensed animal, or the expiration. of five
dog or cat to become public nuisance. days' impoundment in the case of an unlicensed
animal, said animal shall become the property of
(E) The term "permit" shall include the failure of the the city, and the city shall be empowered to
or
owner or person having charge of said animal to release said animal to the Humane Society
physically restrain the animal. The animal control destroy and dispose of said animal as providedd to for
officer shall be authorized to enter onto private in e(B) above. The animal control officer is
property for the purpose of impounding an animal herrebbyy authorized to release said animal to the
found running at large. Humane Society rc destroy such animal and
dispose of the camas. For the purpose of this
(F) Every female dog or cat in heat or estrous shall be section, the day of taking up shall be counted as
confined in a building or secure enclosure in such the first day of the impoundment
a manner that such female dog or cat cannot come (B) An owner reclaiming an impounded animal shall
into contact with another animal except for planned pay the cost of such impoundment. Saidcostsare
breeding. hereby ascertained to be $5.00 for the first
(Ord. No. 3588, §2, 1-21-92; Code 1991, §92.22) impoundment if the animal has a rabies
vaccination and is currently licensed in the city;
Cross reference(sy-Penalty, §92.99. $15.00 for the first impoundment if the animal is
not currently vaccinated and licensed it
92.231mpoundment accordance with this chapter, $25.00 for the
second impoundment for the same animal within a
(A) The Fayetteville Animal Shelter is authorized to 12 month period; $50.00 for the third impoundment
accept from the animal control officer or any for the same animal within a 12 month period; and
$100.00 for the fourth and subsequent
private citizen, and to impound, any dog or cat mpou i
found running at large in violation of this impoundments of the same animal within a subchapter. The animal control officer shall not be month period. In addition to the impoundment
required to respond to requests to pick up fees, a boarding fee of per day per animal
unconfined cats until the person making the shall be charged for eachach day such animal is
request has confined or rgstrained the animal so impounded in the animal shelter, together with the
that it can readily be taken into custody by the licensing fee for such animal, if the same has not
animal control officer. The animal control officer been paid, plus the cost of having an unvaccinated
animal vaccinated for rabies.
may use humane animal traps or tranquilizers to
assist in confining the cat. (C) The owner of an impounded animal who refuses to
CD92:6 •
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TITLE IX GENERAL REGULATIONS
reclaim his animal may be proceeded against for (D) Once a complaint has been filed in the Fayetteville
abandonment under the provisions of §92.02. District Court and the alleged vicious animal Is
impounded at the Animal Shelter, the arraignment
(D) No unclaimed dog or cat shall be released for shall be held within seven calendar days and the
adoption without being sterilized, or without a trial of the charges shall be held within two weeks
written agreement from the adopter guaranteeing of the arraignment date unless the
that such animal will be sterilized, and a deposit of defendantlowner of the impounded animal
at least $30.00 must be paid at the time of requests a continuance and pays a cash deposit
adoption. A voucher will be issued to the adopter into court in an amount equal to the impoundment
in the amount of the deposit and said voucher may fees through the requested court dale.
be used at the time the animal is sterilized. An
adopter who fails to comply with the sterilization (E) The provisions of this section shall not apply to
Provision of the agreement shall be guilty of a animals owned by a law enforcement agency and
misdemeanor. used for all enforcement purposes_
(Ord. No. 3588, §2, 1-21-92: Code 1991, §92.24)
92.25 Confinement When Person Bitten
Any animal suspected of biting a human shall be
quarantined in accordance with the provisions of A.C.A.
20-19-301 (The Rabies Control Act).
92.26 Vicious Animals Restricted
(A) All vicious animals shall be confined in an
enclosure. It shall be unlawful for any person to
keep or harbor a vicious animal upon any premises
which does not have a locked enclosure.
(B) It shall be unlawful for a vicious animal to be
outside of a dwelling or enclosure unless it is
necessary for the owner or harborer thereof to
obtain veterinary care for the vicious animal or to
sell or give away the vicious animal or to comply
with commands or directions of the animal control
officer with respect to the vicious animal; and, the
owner or harborer of an animal in violation of this
section shall be subject to criminal prosecution. In
such event, the vicious animal shall be securely
muzzled and restrained with a chain having a
minimum tensile strength of 300 pounds and not
exceeding three feet in length, shall be collared
with a blaze orange collar and shall be under the
direct control and supervision of the owner or
harborer of the vicious animal.
(C) If a complaint has been filed in the district court
against the owner or harborer of an impounded
animal for violation of this section, the animal shall
not be released except on order of the court, which
order may also direct the owner or harborer to pay
a fine and all impoundment fees. Upon a finding
that such animal is a vicious animal, the court may
order the animal to be euthanized in a humane
manner. Surrender of an animal by the owner or
harborer thereof to the animal control officer shall
not render the owner or harborer immune from the
fines and fees prescribed by this chapter.
CD92:7
(Ord. No. 3588, §2, 1-21-92; Code 1991, §9226)
Cross references).Penalty, §92.99.
92.27 Abuse Of Police Dogs Prohibited
It shall be unlawful for any person to willfully strike, kick,
beat, torment, torture, injure, kill or harass any dog
used by the police department in the performance of
any departmental functions or duties. Any person
convicted of violating this section shall be punished as
provided in §92.99.
(Ord. No. 3588, §2, 1-21-92; Code 1991, §9227)
Cross refemnce(s) -Penalty, §92.99.
92.28 Keeping Of Wild Animals
(A) No person shall keep or permit to be kept any wild
animal as a pet within the corporate limits of the
city.
(B) No person shall keep or permit to be kept on his
premises any wild or vicious animal for display or
for exhibition purposes, whether gratuitously or for
a fee. This section shall not be construed to apply
to zoological parks, performing animal exhibitions,
or circuses.
(Ord. No. 3588, §2, 1-21-92; Code 1991, §9228)
Cross reference(s)—Penalty, §92.99.
92.29 Transportation Of Animals
No person shall transport or carry any animal by
motorized means unless the animal is safely enclosed
within the vehicle or trailer, or enclosed in a portable
kennel, crate, or dog box designed for this purpose,
which is then fastened by a secure and appropriate
means to the bed or the chassis of the vehicle. Dogs
may be transported in open beds of pickup trucks
provided they are secured in the vehicle by means of a
humane cross tether and/or harness, or if the sides and
back of the pickup truck's bed are at least five feet high.
In all cases where animals are transported by
motorized vehicles, it must be in a safe and humane
:I
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TITLE IX GENERAL REGULATIONS
manner that will prevent the animal from falling from, (A) Whenever in this chapter an act is prohibited or is
being thrown from, or jumping from the motorized made or declared to be unlawful or an offense or a
vehicle or trailer being pulled by such. misdemeanor, or whenever in such chapter the
doing of an act is required or the failure to do any
(Ord. No. 4378, §2, 3-5-02) act is declared to be unlawful, and no specific
penalty is provided therefor, the violation of any
92.30 Prohibition Of Sale Of Animals From such provision of this chapter shall be punished by
Certain Locations a fine of not more than $500.00 or double that sum
Except for established animal business enterprises with for each repetition of such offense, or violation;
permanent structures, and the Fayetteville Animal provided, no penalty shall be greater or less than
Shelter, the sale, distribution and giving away of the penalty provided for the same or a similar
animals from public property and from commercially offense under the laws of the state. If the violation
and industrially zoned land is prohibited. of the chapter is, in its nature, continuous in
respect to time, the penalty for allowing the
(Ord, 4513. 09-16-03) continuation thereof shall not exceed $250.00 for
each day that the same is unlawfully continued.
92-31-92.39 Reserved
ARTICLE II
ENFORCEMENT
92.40 Animal Control Officer
(A) There is hereby created the office of animal control
officer. The animal control officer shall be
appointed by the mayor and shall perform the
duties and exercise the powers prescribed by this
chapter. In addition, the animal control officer shall
perform such duties as may be delegated to him by
the mayor or the City Council.-
(B) The city's animal control officers are authorized to
issuea citation to any person violating any
provision of this chapter in the presence of said
animal control officer.
(Ord. No. 3588, §2, 1-21-92; Code 1991, §92.40)
92.41 Interference With Animal Control
Officer Prohibited
It shall be unlawful for any person to forcibly interfere or
forcibly attempt to interfere with the animal control
officer or other authorized persons in order to hinder
him in the performance of his duties. Further, it shall be
unlawful for any person to refuse to deliver any
unlicensed or unvaccinated animal or any. animal
observed to be running at large to the animal control
officer, or some authorized officer, upon demand for
impounding.
(Ord. No. 3588, §2, 1-21-92; Code 1991, §92.41)
Cross reference(s)-Penalty, §92.99.
92.42-92.98 Reserved
92.99 Penalty
CD92;8
(B) Any person violating or failing to comply withanyof
the provisions of §92.04 shall be deemed guilty of
a misdemeanor and upon conviction shall be fined
in a sum not less than. $25.00 or more than
$100.00. Each day's violation shall constitute a
separate offense.
(C) Any person convicted of violating §92.27, Abuse of
police dogs prohibited, shall be punished as
provided in subsection (A) of this section or
imprisoned in the cityjail for up to 30 days, or both.
(Ord. No. 3588. §1, 1-21-92; Code 1991, §92.99)
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ARTICLE I GENERAL PROVISIONS
93.01
DEFINITIONS.................................................................................................................................3
93.02
POWERS AND DUTIES OF MAYOR..............................................................................................3
93.03
COOPERATION WITH OTHER: GOVERNMENTS AND
AGENCIES; MUTUAL AID
ARRANGEMENTS...........................................................................................................................3
93.04
ACCEPTANCE OF GIFTS, GRANTS, OR LOANS FOR
CIVIL DEFENSE PURPOSES
..............4
93.05
UTILIZATION OF EXISTING SERVICES, EQUIPMENT,
SUPPLIES AND FACILITIES...............4
93.06-93.99
RESERVED.........................................................
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CHAPTER 93: CIVIL DEFENSE
ARTICLE 1
GENERAL PROVISIONS
93.01 Definitions
For the purpose of this chapter the following definition
shall apply unless the context clearly indicates or
requires a different meaning.
Civil defense. The preparation for and the
carrying out of all emergency functions, other than
functions for which military forces are primarily
responsible, to prevent, minimize, and repair injury
and damage resulting from disasters caused by
enemy attack, sabotage, or other hostile action, or by
fire, flood, earthquake, or other natural causes.
These functions include, without limitation, fire fighting
services, medical and health services, rescue,
engineering, air raid warning services,
communications, radiological, chemical and other
special weapons, defense, evacuation of persons
from stricken areas, emergency welfare services
(civilian war aid), emergency transportation, existing
or properly assigned functions of plant protection,
temporary restoration of public utility services, and
other functions related to civilian protection, together
with all other activities necessary or incidental to the
preparation for and carrying out of the foregoing
functions."
(Code 1965, V---1; Ord. No. 1192, 1-19-59; Code 1991,
§93.01)
93.02 Powers And Duties Of Mayor
(A) The mayor shall be responsible for and have
general direction and control of the civil defense
of this city. In addition to the powers and duties
the mayor now has, he/she shall have such
additional powers granted and conferred by this
chapter and the provisions of A.C.A. §12-75-108.
(B) In performing his duties under this chapter, and
to effect its policy and purpose, the mayor is
authorized and empowered:
(1) To make, amend, and rescind the necessary
orders, rules, and regulations to carry out the
provisions of this chapter within the limits of
the authority conferred upon him herein, with
due consideration of the plans of the state
government.
(2) To prepare a comprehensive plan and
CD93:3
program for the civil defense of this city,
such plan and program to be integrated into
and coordinated with the civil defense plans
of the state government and of other cities
and counties within the state to the fullest
extent.
(3) In accordance with such plan and program
for the civildefense of this city, to institute
training programs and public information
programs, and to take all other preparatory
steps, including the partial or full mobilization
of the civil defense organization, in advance
of actual disaster, to insure the furnishing of
adequately trained and equipped forces of
civil defense personnel in time of need.
(4) To make such studies and surveys of the
industries, resources,and facilities in this city
as may be necessary to ascertain the
capabilities of the city for civil defense, and
to plan for the mostefficient emergency, use
thereof.
(5) To delegate any administrative authority
vested in him/her under this chapter, and to
provide for the subdelegation of any such
authority.
(Code 1965, §7-2; Ord. No. 1192, 1-19-59; Code 1991,
§93.02)
93.03 Cooperation With Other:
Governments And Agencies; Mutual Aid
Arrangements
(A) In performing his/her duties under this chapter,
the mayor is authorized to cooperate with the
state government, with other cities and counties,
and with private agencies in all matters pertaining
to the civil defense of this city and of the state.
He/she may cooperate with the governor, the
state offices of civil defense and other
appropriate state offices and agencies, and with
the officials and agencies of other cities and
counties within the state, pertaining to the civil
defense of the state, including the direction or
control of blackouts and practice blackouts, air -
mid drills, mobilization of civil defense forces, and
other tests and exercises; warnings and signals
for drills or attacks, and the mechanical devices
to be used in connection therewith; the effective
screening or extinguishing of all lights and
lighting devices and appliances; shutting. off
DRAFT
TITLE IX GENERAL REGULATIONS
water mains, gas mains, electrical power officer thereof shall offer to this city services,
connections and the suspension of all other utility equipment, supplies, materials, or funds by way
services; the conduct of civilians, and the of gift, grant or loan, for purposes of civil defense,
movement and cessation of movement of the city, acting through the mayor, may accept
pedestrians and vehicular traffic during, prior, and such offer and, upon such acceptance, the mayor
subsequent to drills or attack; public meetings or may authorize any officer of the city to receive
gatherings; and the evacuation and reception of such services, equipment supplies, materials, or
the civilian population. funds, on behalf of the city and subject to the
terms of the offer and the rules and regulations, if
(B) It is declared to be the policy of the city that all any, of the agency making the offer.
civil defense functions of the city be coordinated
to the maximum extent with the comparable
functions of the state government, including its
various departments and agencies, and of other
cities and localities, and of private agencies of
every type, to the end that the most effective
preparation and use may be made of the city's
manpower, resources, and facilities for dealing
with any disaster that may occur. To this end,
the mayor shall coordinate the activities of all
organizations for civil defense within this city and
shall maintain liaison with and cooperate with the
civil defense agencies and organizations within
the state and with the state government.
(C) On behalf of this city, the mayor may enter into
mutual aid arrangements with other cities and
counties within this state, for reciprocal civil
defense aid and assistance in case of disaster
too great to be dealt with unassisted. Such
mutual aid arrangements may be made subject to
the approval of the governor or of the state
director of civil defense.
(Code 1965, §§7-5, 7-6; Ord. No. 1192. 1-19-59; Code 1991,
§93.03)
93.04 Acceptance Of Gifts, Grants, Or
Loans For Civil Defense Purposes
(A) Whenever the stale government or any agency or
(B) Whenever any person shall offer to this city
services, equipment, supplies, materials, or funds
by way of gift, grant or loan, for purposes of civil
defense, the city, acting through the mayor, may
accept such offer, and, upon such acceptance,
the mayor may authorize any officer of the city to
receive such services, equipment, supplies,
materials, or funds on behalf of the city, subject
to the terms of the offer.
(Code 1965, §7-7; Ord. No. 1192, 1-19-79; Code 1991,
§93.04)
93.05 Utilization Of Existing Services,
Equipment, Supplies And Facilities
In carrying out the provisions of this chapter, the
mayor is directed to utilize the services, equipment,
supplies, and facilities of existing. departments,
offices, and agencies of the city to the maximum
extent practicable, and the officers and personnel of
all such departments, offices, and agencies are
directed to cooperate with and extend such services
and facilities to the mayor and to the civil defense
organization of the city upon request.
(Code 1965. §7-8; Ord. No. 1192. 1-19-59;. Code 1991,
§93.05)
93.06-93.99 Reserved
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CD93:4
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ARTICLE I GENERAL PROVISIONS
94.01 MUNICIPAL FIRE MARSHAL.............................................................................................................3
94.02 FIRE MARSHAL AUTHORIZED TO ISSUE CITATIONS...................................................................3
94.03 UNLAWFUL SETTING OR SPREADING OF FIRE; RESPONSIBILITY FOR DAMAGES................3
94.04 FIRE ON FOREST LANDS, GRASS LANDS, ETC............................................................................3
94.05 SALE AND USE OF FIREWORKS.....................................................................................................4
94.06 FLAMMABLE AND COMBUSTIBLE LIQUIDS; LIQUEFIED PETROLEUM GASES .......................4
94.07 EXTERIOR LABELING OF EMERGENCY EXIT DOORS............................................6....................6
94.08 OPEN BURNING.................................................................................................................................6
94.09-94.98 RESERVED...............................................................................................................................7
94.99 PENALTY............................................................................................................................................7
• CD94:1
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TITLE IX GENERAL REGULATIONS
CHAPTER 94: FIRE
PREVENTION*
ARTICLE 1
(3) Burning any brush, stumps, logs, rubbish,
GENERAL PROVISIONS
fallen timber, grass, stubble, scrap materials,
junk or debris of any sort, whether on one's
94.01 Municipal Fire Marshal
own land or that of another, without taking
necessary precaution both before lighting the
(A) The position currently designated in the
fire and at all limes thereafter to prevent the
Fayetteville Fire Department as "fire marshal" is
escape thereof. The escape of such fire to
adjoining limber, brush, or lands
hereby declared to be the office or position of fire
grass shall
be prima facie evidence that necessary
marshal created by this section.
precautions were not taken.
(B) In order to exercise the authority set forth in A.C.A.
(4) Building a camp fire upon another person's
§14-53-112, the person serving as fire marshal in
land without express permission of the owner.
and for the city shall be required to meet all
If permission is granted by the owner, a
requirements and prerequisites set forth in A.C.A.
person building a campfire must clear the
§14-53-112 as well as complying with all rules and
ground immediately around it free from
regulations promulgated by the Fayetteville Fire
material which will carry fire, and must
Department.
continuously lend the campfire to prevent it
(C) Nothing in this section shall confer any additional
from spreading.
benefit to, impose any additional duty upon or
(5) Throwing away a lighted cigar, match or
otherwise affect the current position of fire marshal
cigarette, or, by the use of firearms or in any
in the Fayetteville Fire Department, it being the
other manner, starting a fire in forest material
sole purpose of the City Council to allow the
not one's own and leaving the same
person holding such position to exercise the
unextinguished.
authority of A.C.A. §14-53-112.
•
(Ord. No. 4007, §1-3, 12-3-96; Code 1991, §94.00)
(6) Defacing or destroying fire warning notices.
State law reference(s)-Fire marshal may be armed
(B) when one of the above described offenses is
A.C.A. §14-53-112.
committed by an agent or employee, with the
consent or by the command of the employer or
94.02 Fire Marshal Authorized To Issue
principal, such employer or principal shall be liable
,.
Citations
in the same manner and to the same extent as if
the act had been committed by himself.
The fire marshal shall be authorized to issue a citation
to any person violating any provision of the state fire
(C) Persons starting or being responsible for fires that
code or any fire protection ordinance of the city.
occasion damage to any other person shall make
satisfaction in double damage to the party injured.
(Code 1965, §73-13; Ord. No. 2828, 7-682; Code 1991,
The conviction for a violation of subsections (A)
§94.01)
and (B) of this section shall be prima facie
evidence of responsibility in civil action to recover
94.03 Unlawful Setting Or Spreading Of
damages or suppression costs.
Fire; Responsibility For Damages
(Code 1965, §§9-70, 9-14; Ord. No. 1379, 12-9-63; Code 7991,
(A) The following acts shall be misdemeanors and
§94.02)
shall be punished as set forth in §94.99.
Cross reference(s)-Penalty, §94.99.
(1) Setting on fire or causing or procuring to be
set on fire any forest, brush or other
94.04 Fire On Forest Lands, Grass
inflammable vegetation on lands of another.
Lands, Etc
control
(2) Allowing fire to escape from the control of the
Any fire on any forest lands, cut -over, brush lands or
.
person building or having charge of fire, or
grass lands burning uncontrolled is declared a public
to spread to the lands any person other
nuisance by reason of its menace to life or property.
than the builder of the fire.
Any person responsible for either the starting or the
.I
existence of such fire is required to control or extinguish
it immediately, and if such person shall refuse, neglect
CD94:3
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TITLE IX GENERAL REGULATIONS
or fail to do so, any organized fire suppression force (A) Adoption of NFPA 30 and NFPA 30A.
may summarily abate the nuisance thus constituted by
controlling or extinguishing the fire, and the cost thereof (1) The requirements contained in this section
may be recovered from such person by civil action. shall be applicable to all aboveground tanks
(Code 1965, §9-13; Ord. No. 1379, 12-"3; Code 1991, used for the outside storage and dispensing of
§94.03) flammable and Class II combustible liquids
Cross reference(s)—Penalty, §94.99.
94.05 Sale And Use Of Fireworks
(A) It shall be unlawful for any person to offer fireworks
for sale at retail within the city.
(B) It shall be unlawful for any person to use fireworks
within the city at any time except on the dates of
Jury 3 and 4; provided that public displays pursuant
to §3308 of the Arkansas Fire Prevention Code
(2000 Edition) may be permitted on any date
between July 1st and July 6th, inclusive, and on
December 31st and January 1st.
(C) It shall be unlawful for any person to use fireworks
within the city except on the person's own property;
provided, public displays pursuant to §2002.2 of
the Arkansas Fire Prevention Code (1991 Edition)
shall be permitted.
(D) The fire chief or mayor shall be authorized to
declare an emergency and prohibit all use of
fireworks upon a determination that such use
would create a fire hazard due to dry conditions.
(E) The fire chief or mayor shall. be authorized to
approve an alternate date for any lawful public
display which is canceled due to adverse weather
conditions or pursuant to §94.04(E).
IF) It shall also be lawful for the University of Arkansas
to conduct the annual ".Fireworks Night* to
celebrate and congratulate the Razorback Baseball
Team at its last home game of the year in or near
Baum Baseball Stadium. Said fireworks display
shall comply with all applicable regulations and
laws of the State of Arkansas.
(Code 1965. §9-9.1; Ord. No. 1705,10-6-69; Ord. No. 1807, 8-
2-71; Ord. No. 2156.10-21-75; Ord. No. 3359, 6-7-88; Ord. No.
3553, 6-18-91; Ord. No. 3706, §t, 6-1-93, Ord. No. 4195, 10-
19-99; Ord. No. 4308, 4-17-01; Code 1991, §94.04)
Cross reference(sy-Penalty,§94.99.
State law reference(s)--Public displays excepted, A.CA
§20-22-702; Power of municipalities unaffected, A.C.A. §20-22-
704; Violation of subchapter, A.C.A. §20-22-705; Possession,
sale and use unlawful -Exceptions, A.C.A. §20-22-708.
94.06 Flammable And Combustible
Liquids; Liquefied Petroleum Gases
within the city. Such installations shall comply
with the applicable requirements of National
Fire Association Protection Standard (NFPA)
30-1993 and NFPA 30A-1993, except as
modified herein. Refineries that comply with
NFPA 30 and the applicable sections of the
Standard Fire Prevention Code adopted by
the city shall be exempt from this section.
(B) Definitions.
(1) in addition,to the definitions contained in
NFPA 30 and NFPA 30A, the following
definition shall apply:
Premises: A parcel of land, which may include one
or more contiguous platted lots, occupied or intended
for occupancy for a particular use or set of uses,
including buildings together with accessory buildings,
the yard area, and parking spaces.
(C) Outside aboveground flammable and combustible
liquid tanks.
(1) All aboveground tanks used for the outside
storage of flammable and Class II combustible
liquids in quantities in excess of 200 gallons
shall comply with the following:
(a) Such tanks shall be fire resistant tanks as
defined in NFPA 30A and shall comply
with all the requirements for fire resistant
tanks in NFPA 30A in addition to any
applicable requirements specified herein,
or
(b) Such tanks sTiiall be installed in vaults that
meet all the applicable requirements of
NFPA30A. -
(2) The fire official may impose additional
requirements to reduce the level of hazard for
a proposed installation where, in hisjudgment,
the circumstances warrant such action.
(3) Aboveground tanks having an individual
capacity of 200 gallons or less shall be
allowed on the same premises as fire resistant
tanks or tanks in vaults provided the total
cumulative capacity of such aboveground
tanks on the same premises does not exceed
40,000 gallons.
(D) Fire resistant tanks.
CD94:4 0
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TITLE IX GENERAL REGULATIONS
(1) All fire resistant tanks shall be tested and
labeled as protected aboveground tanks in
accordance with Uniform Fire Code Standard
A-II-F-1 or Southwest Research Institute Test
Standard 93-01 by a nationally recognized
testing laboratory having follow up inspection
service. Such tanks shall also be tested for
bullet resistance and vehicle impact
resistance as specified in those standards.
(2) All fire resistant tanks shall be placed on a
reinforced concrete pad adequate to support
the loading of a full tank and in accordance
with the manufacturers recommendations.
(3) A spill container having a capacity of not less
than five gallons shall be provided for each fill
connection. For tanks with a top fill
connection, spill containers shall be
noncombustible and shall be fixed to the tank
and equipped with a manual drain valve which
drains into the primary tank. For tanks with a
remote fill connection, a portable spill
container shall be provided.
(4) All fire resistant tanks shall have automatic
. leak detection devices installed and
operational at all times.
(5) A chain link fence shall not be required to
enclose fire resistant tanks as specified in
NFPA 30A.
(E) 'Tanks In vaults.
(1) All aboveground tanks installed in vaults shall
comply with all applicable requirements of
NFPA 30A and this section.
(F) Temporary aboveground tanks.
(1) Temporary aboveground tanks with a
cumulative capacity of not more than 500
gallons of Class II combustible liquids for use
at a construction site may be granted a
temporary permit for not more than 90 days by
the fire official if, in the opinion of the fire
official, no unusual danger to life or property is
presented. Aboveground tanks used at
temporary construction sites shall be exempt
from the requirement of this section provided
they comply with all applicable requirements
of NFPA 30 and NFPA 30A.
(G) Dispensing.
(1) Dispensing from aboveground tanks and
dispensing systems shall comply with NFPA
30 and NFPA 30A.
CD94:5
(2) 'Dispensing devices shall be located no closer
than 10 feel to a premises line or building.
(H) General fire safety.
(1) All electrical devices used with or located
within 20 feet of the aboveground tank storage
area shall conform to NFPA 70 for hazardous
locations.
(2) Smoking is prohibited within 50 feel of all
storage and dispensing devices. Signs which
prohibit smoking shall be conspicuously
posted.
(3) A fire hydrant meeting all requirements of the
City of Fayetteville, and having an available
flow of not less than 1,500 gallons per minute
at a pressure of not less than 20 PSI shall be
located not more than 300 feet road travel
distance away from any permanent
aboveground storage tank covered under this
section.
(4) Portable fire extinguishers shall be provided
for the extinguishment of fire in accordance
with NFPA 10 for high hazard occupancies.
Additional fire control equipment may be
required where, in the opinion of the fire
official, an unusual exposure hazard exists.
(5) Labeling of all tanks shall be in accordance
with NFPA 704.
(6) Fire department vehicle accessshall be
provided within 150 feet of any tank.
(1) Location.
(1) All aboveground tanks used for the outside
storage of flammable and Class II combustible
liquids shall be located in the rear yard of the
facility which they are intended to serve unless
an exemption from this requirement is both
recommended by the fire chief and granted by
the Planning Commission.
(J) Review process.
(1) All proposals for the installation of permanent
aboveground storage tanks for flammable and
Class II combustible liquids shall go through
the large scale development process of the
City of Fayetteville.
(K) Adoption of standards by reference.
(1) National Fire Protection Association Standard
(NFPA) No. 30, NFPA 30A, Uniform Fire Code
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TITLE IX GENERAL REGULATIONS
Standard A-II-1, Southwest Research Institute (B) Emergency exit door labeling ordered by the fire
Test Standard 93-01, NFPA 70, and NFPA 10 inspector shall be in plainly legible letters not less
and NFPA 704 are hereby adopted by the City than three inches high with the principal strokes of
Council, by reference thereto, save and except each letter not less than three -eighths inch wide.
such that may be deleted, modified, or Lettering and corresponding background shall be
amended; and are hereby adopted and of contrasting colors.
incorporated as fully as if set out in length
herein; and the provisions thereof shall be (C) It shall be unlawful for any person to refuse or fail
controlling within the corporate limits of the to label an emergency exit door in accordance with
city. this section when ordered to do so by the fire
inspector; and it shall be unlawful for any person to
(2) Copies of the above standards incorporated park a motor vehicle in front of an emergency exit
by reference shall be available for examination door labeled in accordance with this section.
and review in the office of the city clerk.
(L) The storage of liquified petroleum gases in
aboveground tanks is prohibited in any of the
designated fire districts of the city. However, this
prohibition shall not apply to tanks existing on May
3, 1989, which are installed in compliance with
requirements of the Arkansas Fire Prevention
Code and the Arkansas Code, Liquified Petroleum
Gas Container and Equipment.
(M) Nothing in this section shall prohibit the use of
Class II liquids in outside aboveground tanks
having capacities of between 60 and600 gallons
for farm use.
(Code 1965, §9-7;.Ord. No. 1435, 2-15-65; Ord. No. 3424, 5-2-
89; Ord. No. 3853, §1, 12-20-94; Code 1991, §94.05)
Cross reference(sy-Penalty, §94.99.
Note —Ord. No. 3853, §1, adopted Dec. 20, 1994,
amended §94.05(A) to read as set out in §94.05(Ay(K); hence,
former §94.05(B), (C) has been redesignated as §94.05(L), (M)
by the editor.
94.07 Exterior Labeling Of Emergency
Exit Doors
(A) When a door in a building accessible to the
general public is required by the State of Arkansas
Fire Prevention Code to - be designated and
maintained as an emergency exit door, the fire
inspector may order the owner and/or lessee of the
building to label the exterior of said door if the fire
inspector determines that such labeling is
necessary to ensure a clear and unobstructed
means of egress. Exterior emergency exit door
labeling ordered by the fire inspector shall read as
follows:
FIRE EXIT
NO PARKING IN FRONT OF
FIRE EXIT AT ANY TIME
CD94:6
(Code 1965, §9-27.1; Ord. No. 2985, 3-6-84; Code 1991,
§94.06)
Cross reference(sy-Penalty, §94.99.
94.08 Open Burning
All acts of open burning shall be in compliance with the
following regulations:
(A) Arkansas Code Annotated§8-6-170letseq.,Open
burning of residential yard waste.
(B) Open burning within the city limits shall require
permission from the Fayetteville Fire Department.
(1) Permission may be obtained free of charge
and via telephone or other verbal means from
any Fayetteville Fire Department authorized
personnel.
(2) That said permission will only be valid on the
date it is given, and all burning on any other
dates will require renewed permission. -
(3) Permission for open burning may be
withdrawn if an offense is caused to neighbors
or an unexpected hazard or risk results from
the burning such as a fire spread hazard,
unexpected wind- speed increase, smoke
blowing across a highway or road, or other
threat to the welfare of personnel.
(C) All burning of any allowed material cannot be
located closer than fifty feet from any structure or
combustible appurtenance.
(D) All burning must be attended by a responsible
person at all times as long as the fire is burning.
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1 TITLE IX GENERAL REGULATIONS
(E) The fire department is authorized to issue citywide
! bum bans dudng any time deemed to be unusually
hazardous for burning due to atmospheric
conditions or local circumstance.
(Ord. No. 4216. 1-1 B-00)
94.09-94.98 Reserved
94.99 Penalty
(A) Whoever violates any provision of this chapter for
which no specific penalty is otherwise provided
shall be punished by a fine of not more than
$50.00 or double that sum for each repetition of
such offense, or violation; provided, no penalty
shall be greater or less than the penalty provided
for the same or a similar offense under the laws of
the state. If the violation of this chapter is, in its
nature, continuous in respect to time, the penalty
for allowing the continuation thereof shall not
exceed $250.00 for each day that the same is
unlawfully continued.
(B) Whoever violates any provision of §94.02 shall be
punished by a fine of not less than $10.00 nor
•` more than $100.00.
J (Code 1965. §§11-5, 9-10: Ord. No. 1379, 12-9-63; Ord. No.
2128.7-15-75; Code 1991, §94.99)
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ARTICLE I GENERAL PROVISIONS
95.01 UNSIGHTLY OR UNSANITARY CONDITIONS ON REAL PROPERTY; ORDER AND NOTICE
TOCORRECT..................................................................................................................................3
95.02 ABATEMENT BY CITY; COSTS RESPONSIBILITY OF OWNER.................................................3
95.03 ENFORCEMENT OF LIEN; NOTICE...............................................................................................3
95.04 PUBLIC NUISANCE; ABATEMENT................................................................................................4
95.05 REGULATION OF SMOKING IN MOST PUBLIC PLACES AND PLACES OF EMPLOYMENT ... 4
95.06-95.98 RESERVED........................................:......................................................................................5
95.99 PENALTY . ................. ....................... .....`.
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TITLE IX GENERAL REGULATIONS
CHAPTER 95: HEALTH AND SANITATION
ARTICLE I State law reference(s}-Refusal of owner to comply,
GENERAL PROVISIONS A.C.A. §14-54-903.
95.01 Unsightly Or Unsanitary Conditions
95.03 Enforcement Of Lien; Notice
On Real Property; Order And Notice To (A) The lien herein provided for may be enforced and
Correct collected in either one of the following manners:
(A) The mayor, or his duly authorized representative, is (1) The lien may be enforced at any time within 18
hereby authorized to order the owner of any real months after work has been done, by an
property within the city to cut weeds and grass action in circuit court; or
growing thereon, remove garbage, rubbish and
other unsanitary and unsightly articles and things (2) The amount of the lien herein provided may
therefrom and eliminate, fill up or remove any be determined at a hearing before the City
stagnant pool of water or any other unsanitary Council held after 30 days' written notice by
thing, place or condition on such property which certified mail to the owner or owners of the
might become a breeding place for mosquitoes, property, if the name and whereabouts of the
Ries and germs harmful to the health of the owner or owners be known, and if the name of
community. Whenever any such condition is found the owner or owners cannot be determined,
to exist, the mayor, or his duty authorized then only after publication of notice of such
representative, shall give the owner of the property hearing in a newspaper having a bona fide
written notice to perform such acts within 10 days. circulation in Washington County for one
In case the owner of the property is unknown or his - insertion per week for four consecutive weeks;
whereabouts is not known or he is a nonresident of the determination of the City Council shall be
this state, a copy of the written notice shall be subject to appeal by the property owner in
posted upon the premises. - circuit court; and the amount so determined at
said hearing, plus ten percent penalty for
(B) It shall be unlawful for any person to fail or refuse collection, shall be by the City Council certified
to comply with any order and notice given pursuant to the tax collector of the county, and by him
to this section. placed on the tax books as delinquent taxes,
and collected accordingly, and the amount,
(Code 1965, §11-1; Ord. No. 1303, 5-28-62; Ord. No. 1721,12- less three percent thereof, when so collected
15-69; Code 1991. §95.01; Ord. 4510, 08-19-03) shall be paid to the city by the county tax
Cross reference(s)—Penalty, §95.99.
collector. -
State law references) --Municipal authority, A.C.A.§14- (B) In case the owner of any lot or other real property
54-901. is unknown or his whereabouts is not known or he
is a nonresident of this state, then a copy of the
95.02 Abatement By City; Costs written notice hereinabove referred to shall be
posted upon the premises and before any action to
Responsibility Of Owner enforce such lien shall be had, the City Clerk shall
If the conditions described in a notice given pursuant to make an affidavit setting out the facts as to
§95.01 are not removed or corrected within 10 days unknown address orwhereabouts or nonresidence,
after such notice is given, the mayor, or his duty and thereupon service of the publication as now
authorized representative, is hereby authorized to enter provided for by law against nonresident defendants
upon the property and do whatever is necessary to may be had, and an attorney ad [item may be
correct or remove the conditions described, in the appointed to notify the defendant by registered
notice. The costs of correcting said conditions shall be letter addressed to his last known place of
charged to the owner or owners of the property and the residence if same can be found.
city shall have a lien against such property for such
costs. (Code 1965, §§l 1-3,11-3.1; Ord. No. 1303, 5-28-62; Ord. No.
(Code 1965, 11-2; Ord. No. 1303, 5-28-62; Ord. No. 1721, 12- 1721,12-15-69:Ord. No. 2557, 94-79; Ord. No. 2922, 5-17-a3;
15-69; Ord. No. 2557, 94-79; Code 1991, §95.02; Ord. 4510, Code 1991, §95.03)
08-19-03)
State law references) -Enforcement of lien for clearance
Cross references) --Penalty, §95.99. by municipality, A.C.A. §14-54-904; Notice to unknown or
nonresident owners, A.CA. §14-54-902.
CD95:3
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95.04 Public Nuisance; Abatement
(A) It shall be unlawful for the owners, occupants,
tenants, or lessees of any dwelling or place of
business to allow garbage, trash or other litter to
accumulate on his premises, or to place or cause
to be placed paper, cardboard or other litter in such
manner as to cause unsightly or unsanitary
conditions in the city.
(B) Code Compliance Officers or their authorized
representatives shall have the duty of notifying the
owner, occupant, tenant, or lessee of a dwelling or
place of business where one or more of the
conditions described in subsection (A) of this
section is found to exist.
(C) It shall be the duty of the owner, occupant, tenant
or lessee of such premises to correct said
condition or conditions within 30 days from date of
receipt of such notice.
(D) If the owner, occupant, tenant, or lessee fails to
obey such notice and continues to maintain said
prohibited condition or conditions, such person
shall be deemed in violation of this section and
shall be subject to the penal provisions contained
in this chapter.
(E) The provisions of this section are supplementary
to, and do not amend or repeal the provisions of
§§95.01 through 95.03 of this Code.
(Code 1965, §10-5; Ord. No. 1194, 4--59; Ord. No. 1619, 6-19-
68; Code 1991, §95.04) N
Cross references) -Penalty, §95.99.
State law reference(s)— Municipal authority, A.C.A. §14-
54-901; Removal or razing of buildings. A.CA §14-W203.
95.05 .Regulation Of Smoking In Most
Public Places And Places Of Employment
(A) Definitions. For the purpose of this chapter, the
following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Bar. An establishment, whether termed a private
club or public establishment, that is devoted
primarily to the sale and service of alcoholic
beverages for on -premises consumption and
where the service of food, if any, is incidental to the
consumption of such beverages.
Restaurant. An eating establishment, including but
not limited to dining establishments, private clubs,
coffee shops, cafeterias, sandwich shops, private
CD95:4
and public cafeterias, which gives or offers for sale
food to the public, guests, or employees, aswell as
non-residential kitchens and catering facilities in
which food is prepared on the premises for serving
elsewhere. The term "restaurant" shall include a
bar area within the restaurant.
Enclosed area. All space partially enclosed
between a floor and ceiling that is enclosed on all
sides by solid walls or windows (exclusive of
doorways), which extend from the floor to the
ceiling.
Manager. The owner, lessee, or other person in
charge of a public place.
Place of employment. An enclosed area underthe
control of a public or private employer that
employees normally frequent during the course of
employment, including, but not limited to, work
areas, employee lounges, restrooms, conference
rooms, meeting rooms, hallways, classrooms, and
employee cafeterias. A private residence is not a
"place of employment' unless it is used as a child
care, adult day care, or health care facility. A "bar"
and a 'retail tobacco store" are not places of
employment for purposes of this Section. An
enclosed private office that is not regularly entered
. or occupied by a nonsmoking employee is not a
place of employment for purposes of this section.
Public place.
(1) Any enclosed indoor area that is used by the
public or private club members and guests,
except designated hotel and motel guest
MOMS.
(2) Any swimming pool owned or operated by the
city.
Retail Tobacco Stons=A retail store utilized
primarily for the sale and use of tobacco products.
and accessories and in which the sale of other
products is merely incidental.
Smoking. Holding a lighted pipe, cigar, or cigarette
of any kind, or lighting, or emitting or exhaling the
smoke of, a pipe, cigar, or cigarette of any kind.
(B) Prohibition of Smoking in public places and
places of employment
Smoking is prohibited in all public places, places of
employment, and city vehicles unless specifically
exempted in subsection (C). -
(C) Exemptions.
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TITLE IX GENERAL REGULATIONS
The following types of establishments are
exempted from the smoking prohibition of this (Ord. No. 3584, 12-17-91; Code 1991. §95.05; Ord. 4512, 09-
ordinance: 02-03)
(1) ears 95.06-95.98 Reserved
(2) Retail tobacco stores 95.99 Penalty
(D) Duties of Managers.
(A) Any person failing to comply with an order as
described by §95.01 shall, upon conviction, be
(1) The manager of a place within which smoking punished by a fine of not less than $10.00 nor
is prohibited by this ordinance shall place "No more than $100.00.
Smoking" or "Smoke Free" signage at the
major entrance and other appropriate places (g) Whoever violates §95.04 shall be punished by a
within the establishment. fine of not more than $500.00 or double that sum
for each repetition of such offense, or violation
(2) The manager of a public place in which provided, no penalty shall be greater or less than
smoking is prohibited or restricted shall not the penalty provided for the same or a similar
knowingly permit or fail to make reasonable offense under the laws of the state. The penalty
efforts to prevent smoking in any area where for allowing the continuation thereof shall not
smoking is prohibited. exceed $250.00 for each day that the same is
(E) Enforcement.
unlawfully continued.
(C) There is hereby created the office of Code
(1) City police shall enforce this section pursuant Compliance Officer. Code Compliance Officers
to their normal police power. shall be hired by the Mayor or his designated
• representative and shall perform the duties and
(2) If a manager knowingly permits or fails to exercise the powers set forth in this chapter.
make reasonable efforts to prevent smoking
by the establishment's customers or (D) Code Compliance Officers are hereby authorized
employees where prohibited by this section, to issue citations to any person violating the
the manager shall be guilty of a violation and a provisions of §§95.01-95.04 or § 173.08(A) of the
fine or not more than $100.00 per occurrence. Code of Fayetteville, provided that their authority is
expressly limited to removing or causing the
(3) A person who smokes in an area where removal of unsanitary or,unsightly things, or to
smoking is prohibited by provisions of this correcting or causing the correction of unsafe or
section shall be guilty of a violation punishable by a fine not exceeding fifty ($50.00) dollars unsanitary conditions on the property in question.
per occurrence. (E) It shall be unlawful for any person to interfere or
forcibly attempt to interfere with a Code
(4) In addition to the fines established by this Compliance Officer in the performance of his or her
Section, multiple violations of this Section by a duties.
person who owns, manages, operates or
otherwise controls a public place or place of (Code 1965. §§1-5, 11-1; Ord. No. 1303, 5-28-62; Ord. No.
employment may result in the suspension or 1721, 12-15-69: Ord. No. 2128, 7-15-75; Code 1991, §95.99;
revocation of any permit or license issued for Ord. 4510, 08-19-03)
the premises on which the violation occurred.
(F) Jurisdiction.
This section is not applicable nor enforceable
in federal, state or county buildings including
all facilities owned or operated by the
University of Arkansas.
(G) Effective date.
This ordinance shall take effect on February 1,
2004
• CD95:5
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ARTICLE I GENERAL PROVISIONS
96.01 DEFINITIONS...................................................................................................................................3
96.02 UNREASONABLE OR EXCESSIVE NOISE PROHIBITED; EXCEPTIONS...................................3
96.03 MEASUREMENTS...........................................................................................................................4
96.04 LIMITATIONS BY LAND USE CATEGORY....................................................................................4
96.05 MOTOR VEHICLE AND MOTORCYCLE SOUND LIMIT................................................................5
96.06 RADIOS AND LOUDSPEAKERS USED FOR CERTAIN PURPOSES PROHIBITED ...................5
96.07 PERMIT FOR VARIANCE................................................................................................................5
96.08 ORDER IN LIEU OF NOTICE OF VIOLATION................................................................................6
96.09-96.98 RESERVED................................................................................................. ...........................6
96.99 PENALTY ....................
CD96:1
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TITLE IX GENERAL REGULATIONS �•
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CD96:2�• _'
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TITLE IX GENERAL REGULATIONS
CHAPTER 96: NOISE CONTROL
ARTICLE I
GENERAL PROVISIONS
96.01 Definitions
For the purpose of this chapter the following definitions
shall apply unless the context clearly indicates or
requires a different meaning.
Decibel (dB). A unit for measuring the volume of a
sound, equal to 20 times the logarithm to the base ten
of the ratio of the pressure of the sound measured to
the referenced pressure, which is 20 micropascals (20
micronewtons per square meter).
Emergency. Any occurrence or set of
circumstances involving actual or imminent physical
trauma or property damage which demands immediate
action.
Emergency work. Any work performed for the
purpose of preventing or alleviating the physical trauma
or property damage threatened or caused by an
emergency.
Gross vehicle weight rating (GVWR). The value
specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In
cases where trailers and tractors are separable, the
gross combination weight rating (GCW R) which is the
value specified by the manufacturer as the
recommended maximum loaded weight of the
combination vehicle, shall be used.
Motor carrier vehicle engaged in interstate
commerce. Any vehicle for which regulations apply
pursuant to Section 18 of the Federal Noise Control Act
of 1972 (PL92-574), as amended, pertaining to motor
carriers engaged in interstate commerce.
Noise. Any sound which annoys or disturbs
humans or which causes or tends to cause an adverse
psychological or physiological effect on humans.
Noise disturbance. Any sound which:
(1) Endangers or injures the safety or health of
humans or animals;
(2) Annoys or disturbs a reasonable person of
normal sensitivities; or
(3) Endangers or injures personal or real
property.
Public right-of-way. Any street, avenue, boulevard,
highway, sidewalk or alley or similar place which is
1
owned or controlled by a government entity.
Public space. Any real property or structures
thereon which are owned or controlled by a
governmental entity.
Sound level. The weighted sound pressure level
obtained by the use of a sound level meter and
frequency weighing network, such as A, B, or C as
specified in the American National Standards Institute's
specifications for sound level meters. If the frequency
weighing employed is not indicated, the A -weighing
shall apply.
Sound level meter. An instrument which includes a
microphone, amplifier. RMS detector, integrator or time
average, or output meter, and weighing network used to
measure sound pressure levels.
Soundpressure level. Twenty times the logarithm
to the base ten of the ratio of the RMS sound pressure
to reference pressure of 20 micropascals (20 x 10 -s
N/m').
Transient sound source. Noise, the source of
which is lawn equipment, an implement of husbandry, a
domestic power tool, or the repairing, rebuilding,
modifying or testing of any motor vehicle or motorcycle.
(Code 1965, §13-8.10); Ord. No. 2580, 12-4-79; Ord. No. 2873,
11-2-82; Ord. No. 2911. 4-5-83; Ord. No. 2937, 9.6-83; Code
1991,§96.01)
96.02 Unreasonable Or Excessive Noise
Prohibited; Exceptions
(A) Notwithstanding any other provision of this chapter,
and in addition thereto, it shall be unlawful for any
person to make, or confine or cause or permit to
be made or continued, any noise disturbance.
(B) The provisions of this section shall not apply to:
(1) The emission of sound for the purpose of
alerting persons to the existence of an
emergency;
(2) The emission of sound in the performance of
emergency work;
(3) The movement of aircraft which is in all
respects conducted in accordance with, or
pursuant to applicable federal laws or
regulations;
E
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TITLE IX GENERAL REGULATIONS
the sound or noise was emanating. Except
(4) The use of bells or chimes in conjunction with between the hours of 10:00 p.m. and 1:00 a.m., a
places of religious worship; and complaint under this section must be brought by a
property owner or leaseholder affected by
(5) The intentional sounding or permitting the excessive noise on their property.
sounding of any fire, burglar or civil defense
alarm, siren, whistle or similar stationary or
emergency signaling device, for emergency
purposes or for testing, provided such testing
uses only the minimum cycle test time.
(C) For the purpose of this section, the use of an
amplification devise, radio, television, phonograph,
drum, musical instrument or similar devise which
produces, reproduces, or amplifies sound shall be
deemed annoying or disturbing to a person,
reasonably calculated to disturb the peace and
unreasonably offensive and injurious to the public if
the sound is produced between the hours of 1:00
a.m. and 8:00 a.m., and is plainly audible a
distance of 150 feet or more from the source of the
sound.
(1) Plainly audible means any sound produced as
set forth above which clearly can be heard at
a distance of 150 or more feet. The
measurement standard shall be by the
auditory senses, based on direct line of sight.
Words or phrases need not be discernable
and bass reverberations are included.
(2) This provision shall not apply to athletic or
school related events.
(Code 1965, §13-8.1(a), (b); Ord. No. 2580, 124-79; Ord. No.
2873, 11-2-82; Ord. No. 2911, 4-5-83; Ord. No. 2937, 9-6-83;
Ord. No. 4052, §1, 9-2-97; Code 1991, §96.02)
Cross reference(s)-Penalty, §96.99.
96.03 Measurements
Sound level measurements shall be made with a sound
level meter Type II or better using the A -weighted scale
in conformance with the standards promulgated by the
American National Standards Institution.
(Code 1965, §13-8.1(k); Ord. No. 2580,12-4-79; Ord. No. 2873,
11-2-82; Ord. No. 2911, 4-5-83; Ord. No. 2937, 9-6-83; Code
1991, §96.03)
96.04 Limitations By Land Use Category
(A) No person shall operate or cause to be operated,
or permit, contract or allow to be operated on
premises on public or private property any
identifiable source of sound in such a manner as to
create a sound level within the use districts in
Table 1 below which exceeds the maximum noise
levels as set forth in Table 1 as measured at any
point on the boundary of the property from which
TABLE 1
Maximum
Use Districts Time Noise Levels
All residential
7:00 a.m. to
60 dB(A)
zones
11:00 P.M.
All residential
11:00 P.M. to
55 dB(A)
zones
7:00 a.m.
All commercial
7:00 a.m. to
75 dB(A)
zones
11:00 P.M.
All commercial
11:00 p.m. to
70 dB(A)
zones
7:00 a.m.
All industrial
7:00 a.m. to
80 dB(A)
zones
11:00 p.m.
All Industrial
11:00 p.m. to
75 dB(A)
zones
7:00 a.m.
CD96:4
All measurements shall be taken with a sound level
meter in its fast or peak level setting.
(B) District boundaries. When a noise source can be
identified and its noise measured in more than one
use district, the noise level limits of the most
restrictive use district shall apply at that district
boundary.
(C) Commercial source. Notwithstanding the zoning
classification of the underlying parcel, restaurants,
night clubs, private clubs, auditoriums, dance halls,
and rehearsal studios are defined as commercial
sound sources existing in commercial zones for the
purposes of this chapter.
(D) Transient source. For a transient sound emanating
in any land use category, the peak noise level shall
not exceed 20 decibels above the limit set in Table
1 above.
(E) Construction. Construction projects shall be
subject to the limitations specified for industrial
zones for the period of time allowed by the building
permit.
(Code 1965, §13-8.1(c): Ord. No. 2580,124-79; Ord, No. 2873,
11-2-82; Ord. No. 2911, 4-5-83; Ord. No. 2937, 9-6-83: Ord.
No. 3624, §'I, 8-4-92; Ord, No. 3724, §11, 9-21-93; Ord. No.
3926, §1, 10-3-95, Ord. No. 4047, 7-15-97; Code 1991, §96.04)
Cross reference(s)-Penalty, §96.99.
Ul
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TITLE IX GENERAL REGULATIONS
96.05 Motor Vehicle And Motorcycle 83; Ord. No. 3926, §2, 10-3.95; Code 1991, §95.05)
Sound Limit Cross reference(s] -Penalty, §96.99.
(A) No person shall operate or cause to be operated a
public or private motor vehicle or motorcycle on a
public right-of-way or private property at any time
and in such a manner that the sound level emitted
by the motor vehicle or motorcycle exceeds the
level set forth in Table II below.
TABLE II
MOTOR VEHICLE AND MOTORCYCLE
SOUND LIMIT
(Measured at 25 Feet From the Near
Side of the Nearest Lane Monitored)
Sound Level in dB
Speed limit Speed Emit Stationary
Vehicle class 35mnh or leca rn r nSmm M..
Motor vehicle
92
96
94
carrier
engaged in
imerstate
commerce of
GVWR or
GCWR of
10,000 lbs.
Or more
Any other
78
78
78
motor vehicle
or any
combination
of"Iscles
towed by any
such motor
vehicles
MotorryGes
78
78
78
(B) No person shall operate or cause to be operated
any motor vehicle or motorcycle not equipped with
a muffler or other sound dissipative device in good
working order and in constant operation.
(C) No person shall sound any hom or other auditory
signaling device on or in any motor vehicle on any
public right-of-way or public place, except as a
warning of danger.
(D) Operating or causing to operate any sound
amplification device from within a vehicle so that
the sound is plainly audible at a distance of 30 feet
or more from the vehicle whether in a street, a
highway, an alley, parking lot or driveway, whether
public or private property, is prohibited and
declared to be a noise disturbance in violation of
this chapter.
(Code 1965, §13-8.1(d), (e), (0: Ord. No. 2580, 12-4-79; Ord.
No. 2873, 11-2-82; Ord. No. 2911, 4-5-83; Ord. No, 2937. 9-6-
96.06 Radios And Loudspeakers Used
For Certain Purposes Prohibited
It shall be unlawful for any person to use, operate or
permit to be played, used or operated any radio
receiving set, musical instrument, phonograph,
loudspeaker, sound amplifier, or other machine or
device for the producing or reproducing of sound which
is cast upon the public streets from a point of origin
located on private property, for the purpose of
commercial advertising or attracting the attention of the
public to any building or structure.
(Code 1965, §13-8; Ord. No. 1211, 7-27-59; Code 1991,
§96.06)
Cross reference(s)-Penalty. §96.99.
96.07. Permit For Variance
(A) Application; issuance.
(1) The mayor shall have the authority to issue a
permit, upon a showing of undue hardship, for
a variance from the provisions of this section
upon a showing by the applicant that
(a) Additional time is necessary for the
. applicant to alter or modify his activity or
operations to comply with this s6i; ion; or
(b) The activity, operation or noise source will
be of a temporary duration and cannot be
done in a manner that would comply with
this section; and
(c) No reasonable alternative is available to
the applicant.
(2) An application for a variance permit shall be in
writing on a form prescribed by the mayor. In
issuing a variance permit, the mayor may
impose reasonable conditions or requirements
necessary to minimize adverse effects upon
the surrounding neighborhood. For events to
be attended by the public, the written
application for a variance shall be filed with
the mayor a minimum of 14 days prior to the
date on which a variance is requested.
(B) Denial; appeal. An applicant who is denied a
variance by the mayor may appeal to the
Fayetteville City Council by filing written notice of
appeal with the city clerk within 10 days from the
dale of the mayor's decision. The notice of appeal
shall specifically state the reasons why the
CD96:5 applicant considers the mayor's findings and
DRAFT
TITLE IX GENERAL REGULATIONS
decision to be in error.
(Code 1965, §13-8.1(g); Ord. No. 2580,12-4-79; Ord. No. 2873,
11-2-82; Ord. No. 2911, 4-5-83; Ord. No. 2937, 9-6-83; Code
1991, §96.07)
96.08 Order In Lieu Of Notice Of Violation
(A) In lieu of issuing a notice of violation, a noise
control officer responsible for enforcement of any
provision of this section may issue an order
requiring abatement of any source of sound
alleged to be in violation of this section within a
reasonable time period. An abatement order shall
not be issued when the noise control officer has
reason to believe that there will not be compliance
with said order.
(B) A violation of any provision of this section shall be
cause for a notice of violation to be issued by the
noise control officer.
(Code 1965, §13-8.1 (i); Ord. No. 2580,12-4-79; Ord. No. 2873,
11-2-82; Ord. No. 2911, 4-5-83; Ord. No. 2937, 9-6-83; Code
1991, §96.08)
96.09-96.98 Reserved
96.99 Penalty
The violation of any provision of this chapter shall be
punished by a fine of not more than $500.00 or double
that sum for each repetition of such violation. If the
violation is, in its nature, continuous in respect to time,
the penalty for allowing the continuation thereof shall
not exceed $250.00 for each day that the same is
unlawfully continued.
(Code 1965, §13-8.1(h); Ord. No.2580,124-79; Ord. No.2873.
11-2-82; Ord. No. 2911, 4-5-83; Ord. No. 2937, 9-6-83; Code
1991, §96.99)
CD96:6
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ARTICLE I GENERAL PROVISIONS
97.001 DEFINITIONS............................................................................................................... ................3
97.002-97.014 RESERVED.......................................................................................................................... 3
ARTICLE II PARK OPERATIONS; ADMINISTRATION AND ENFORCEMENT
97.015 OPERATING HOURS.......................................................................................... 3
97.016 FEE FOR CITY PARK BALLFIELDS FOR TOURNAMENTS....................................................... 3
97.017 FEES FOR CITY SWIMMING POOLS............................................................................................ 3
97.018 ENFORCEMENT BY DIRECTOR, PARK ATTENDANTS, AND CITY POLICE ........................... 3
97.019-97.029 RESERVED.......................................................................................................................... 3
ARTICLE III CARE OF PARK PROPERTY
97.030 BUILDINGS AND OTHER PROPERTY.......................................................................................... 3
• 97.031 RESTROOMS AND WASHROOMS..........................................................................................:.... 4
97.032 REMOVAL OF NATURAL RESOURCES...................................................................................... 4
97.033 DAMAGING TREES, SHRUBBERY AND THE LIKE.................................................................... 4
97.034 POLLUTION OF WATER ........................................... .............. :...................................................... 4
97.035 WILD ANIMALS, BIRDS, FISH, AND THE LIKE........................................................................... 4
97.036 ERECTION OF STRUCTURES...................................................................................................... 4
97.037 REFUSE AND TRASH.................................................................................................................. 4
97.038-97.049 RESERVED.......................................................................................................................... 4
ARTICLE IV TRAFFIC RULES
97.050 COMPLIANCE WITH STATE AND CITY MOTOR VEHICLE LAWS REQUIRED ........................ 4
97.051 SPEED OF VEHICLES................................................................................................................... 4
97.052 PARKING.....................................................................................................................................5
97.053 VEHICLES PROHIBITED AFTER CLOSING HOURS................................................................... 5
97.054 BICYCLES, MOTORBIKES, SKATEBOARDS AND THE LIKE .................................................... 5
•
CD97:1
DRAFT
97.055-97.064 RESERVED.......................................................................................................................... 5 •
ARTICLE V RECREATIONAL ACTIVITIES
97.065 BATHING AND SWIMMING; BATHHOUSES................................................................................. 5
97.066 HUNTING AND FIREARMS............................................................................................................ 5
97.067 PICNIC FACILITIES; DUTY OF PICNICKER................................................................................. 5
97.068 CAMPING PROHIBITED................................................................................................................ 6
97.069 HORSEBACK RIDING.................................................................................................................... 6
97.070 RECREATIONAL ACTIVITIES AT LAKES FAYETTEVILLE, SEQUOYAH AND WILSON ......... 6
97.071-97.079 RESERVED.......................................................................................................................... 7
ARTICLE VI CONDUCT IN PARKS
97.080 GAMBLING PROHIBITED; RECREATIONAL ACTIVITIES TO TAKE PLACE ONLY IN
SUITABLEAREAS.........................................................................................................................7
97.081 INTOXICATING BEVERAGES.........................................................................:.............................7
97.082 FIRES; FIREWORKS AND EXPLOSIVES..................................................................................... 8
97.083 SOLICITING ALMS......................................................................................................................... 8
97.084 ENTERING CLOSED AREAS........................................................................................................ 8
97.085 GOING ONTO ICE..........................................................................................................................8
97.086 VENDING AND PEDDLING............................................................................................................8
97.087 ADVERTISING PROHIBITED......................................................................................................... 8
97.088 SIGNS PROHIBITED......................................................................................................................8
_..
97.089-97.998 RESERVED... ....................................................................... ..............................................
97.999 PENALTY........................................................................................................................................8
CD97:2
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CHAPTER 97: PARKS AND RECREATION
ARTICLE I
GENERAL PROVISIONS
97.001 Definitions
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
City. The City of Fayetteville, Arkansas.
Director.. A person immediately in charge of
any park area and its activities, and to whom all
park attendants of such area are responsible.
Park. A park, reservation, playground,
beach, recreation center or any other area in the
city, owned or used by the city, and devoted to
active or passive recreation.
Person. Any person, firth, partnership,
association, corporation, company, or
organization of any kind.
Vehicle. Any wheeled conveyance, whether
motor powered, animal -drawn, or self-propelled
and shall include any trailer in tow of any size,
kind or description. Exception is made for baby
carriages and vehicles in the service of the city
parks.
(Code 1965, §17-A-1; Ord. No. 1594. 4-1-68; Code
1991,§97.001)
(Code 1965. §17A-2; Ord. No. 1594, 4-1-68; Code
1991, §97.002)
97.002-97.014 Reserved
ARTICLE 11
PARK OPERATIONS;
ADMINISTRATION AND
ENFORCEMENT
97.015 Operating Hours
Except for unusual and unforseen emergencies,
city parks shall be open to the public every day of
the year from daylight until 11:00 p.m. Any
section or part of any park may be declared
closed to the public by the city or its duty
authorized representative at any time and for any
interval of time.
(Code 1965, 617A-32; Ord. No. 1594. 4-1.68; Code
1991. §97.015)
97.016 Fee For City Park Ballfields
CD97:3
For Tournaments
(A) For the use of city park ballfields for
tournaments, the mayor or his/her designee
shall establish fees to be charged to defray
the costs of maintenance, trash pickup and
removal, equipment use, water, and
electricity. '
(B) The sponsors of any tournament shall
arrange for all necessary umpires. Upon
conclusion of each tournament, the sponsors
shall restore each field to the same condition
it was in prior to the tournament
(Code 1965, §2-100;. Ord. No. 2714. 4-7-81; Ord. No.
4115, 8-18-98; Code 1991,§97.016)
Cross reference(s)—Penalty, §97.999.
97.017 Fees For City Swimming Pools
Upon the recommendation of the Parks and
Recreation`Advisory Board, the mayor, or his/her
designee, shall establish and make periodic
adjustments to the schedule of fees charged for
the use of city swimming pools.
(Ord. No. 4371, 2-19-02; Code 1991, §97.017)
97.018 Enforcement By Director, Park
Attendants, And City Police
The director, park attendants and city police shall
in connection with their official duties diligently
enforce the provisions of this chapter.
(Code 1965, 17A-33; Ord. No. 1594, 4-1-68; Code
1991, §97.018) 1
97.019-97.029 Reserved
ARTICLE III
CARE OF PARK PROPERTY
97.030 Buildings And Other Property
No person in a park shall wilfully mark, deface,
disfigure, injure or tamper with any buildings,
monuments, bridges, tables, benches, fireplaces,
signs, public utilities or other structures or
equipment, facilities, or park property or
appurtenances whatsoever, either real or
personal.
(Code 1965, §17A-3; Ord. No. 1594, 4-1-68: Code
1991, §97.030)
Cross reference(s)—Penalty, §97.999.
F YE E IRA
LATIO ES
97.031 Restrooms And Washrooms
No person in a park shall fail to cooperate in
maintaining restrooms and washrooms in a neat
and sanitary condition. No person over the age
of six years shall use the restrooms and
washrooms designated for the opposite sex.
(Code 1965, §17A4; Ord.. No. 1594, 4-1-68; Code
1991, §97.031)
Cross reference(s)-Penalty. §97.999.
97.032 Removal Of Natural
Resources
No person in a park shall dig, or remove any
sand, whether submerged or not, or any soil,
rock, stones, trees, shrubs or plants, down timber
or other wood or materials, or make any
excavation by tool, equipment, blasting, or other
means or agency, except on special written
permit obtained from the city.
(Code 1965, §17A-5; Ord. No. 1594. 4-1-68; Code
1991,§97.032)
Cross reference(s)-Penalty, §97.999.
97.033 Damaging Trees, Shrubbery
And The Like
No person in a park shall damage, cut, climb,
carve, injure, transplant or remove any tree,
flower,, or plant. Nor shall any person attach any
rope, wire, or other contrivance to any tree or
plant or in any other way injure or impair the
natural beauty or usefulness of any park area.
(Code 1965, §17A-7; Ord. No. 1594, 4-1-68; Code
1991, §97.033)
Cross reference(s)-Penalty, §97.999.
97.034 Pollution Of Water
No person in a park shall throw, discharge, or
otherwise place or cause to be placed in the
waters of any fountain, pond, lake, stream, or
other body of water in or adjacent to any park or
any tributary, stream, stone sewer, or drain
flowing into such waters, any substance which
will or may result in the pollution of said waters.
(Code 1965, §17A-9; Ord. No. No. 1594, 4-1-68; Code
1991. §97.034)
Cross reference(s)-Penalty, §97.999.
97.035 Wild Animals, Birds, Fish, And
The Like
No person in a park shall hunt, molest, harts,
frighten, poison, kill, trap or remove any animal,
reptile, fish, or bird; nor remove the eggs, nest or
CD97:4
young of any wild animal, fish, reptile, or bird.
(Code 1965, §17A-8; Ord. No. No. 1594, 4-1-68; Code
1991,§97.035)
Cross references) -Penalty, §97.999.
97.036 Erection Of Structures
No person in a park shall construct or erect any
building or structure of whatever kind, whether
permanent or temporary in character, or run or
string any public service utility into, upon, or
across such lands, except on special written
permit obtained from the city.
(Code 1965, §17A-6; Ord. No. No. 1594, 4-1-68: Code
1991, §97.036)
Cross reference(s)-Penalty, §97.999.
97.037 Refuse And Trash
No person in a park shall have brought into a
park any refuse or other trash. Nor shall any
refuse or other trash be left anywhere on the
grounds thereof, but shall be placed in proper
receptacles. Where such receptacles are not so
provided, all such rubbish or waste shall be
carried away from the park by the person
responsible for its presence and properly
disposed of elsewhere.
(Code 1965,. §17A-10; Ord. No. 1594, 4-1-68; Code
1991, §97.037) .
Cross reference(s).-Penalty, §97.999.
97.038-97.049 Reserved
ARTICLE IV
TRAFFIC RULES
97.050 Compliance With State And
City Motor Vehicle Laws Required
No person in a park shall fail to comply with all -
applicable provisions of the state motor vehicle
traffic laws in regard to equipment and operation
of vehicles together with such applicable
regulations as are contained in this chapter and
Title VII of this Code of Ordinances.
(Code 1965, §17A-11; Ord. No. 1594, 4-1-68; Code
1991, §97.050)
Cross reference(s)-Penalty, §97-999; Title \At,
Traffic Code.
97.051 Speed Of Vehicles
No person in a park shall ride or drive a vehicle at
a rate of speed exceeding 10 miles per hour,
except upon such roads as the city may
designate, by posted signs, for speedier travel.
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(Code 1965. §17A-12; Ord. No. No. 1594. 4-1-68; Code Cross reference(s)-Penalty, §97.999.
1991. §97.051)
(B) No person in a park shall dress or undress in
97.052 Parking any vehicle, toilet or other place, except in
No person in a park shall park a vehicle in other such bathing houses or structures as may be
than an established or designated parking area, provided for that purpose.
and such use shall also be in accordance with (Code 1965, §17A-17; Ord. No. 1594, 4-1-68; Code
the provisions of Chapter 72 of this Code of 1991, §97.065)
Ordinances.
(Code 1965, §77A-13; Ord. No. No. 1594, 4-1-68; Code Cross reference(s)-Penalty, §97.999.
1991, §97.052) 97.066 Hunting And Firearms
Cross reference(s)-Penalty, §97.999; Ch. 72, No person in a park shall hunt, trap or pursue
Parking Regulations. wildlife at any time; provided that the trapping of
muskrats or other burrowing animals may be
97.053 Vehicles Prohibited After permitted on city reservoirs upon approval of the
Closing Hours mayor for the protection of earthen dams. No
No person in a park shall enter, operate, park, person shall use, carry, or possess firearms of
leave or abandon a vehicle within a park after the any description or air rifles, spring guns, slings,.
closing hour of a vehicle
m. traps, or other weapons or devices potentially
inimical to wildlife and dangerous to human
(Code 1965, §17A-14; Ord. No. 1594, 4-1-68; Code safety. Bows and arrows will be permitted on
1991, §97.053) archery ranges so designated and supervised by
the city.
Cross reference(s}-Penalty, §97.999.
(Code 1965, 617A-18; Ord. No. 1594, 4-1.6B; Ord. No.
97.054 Bicycles, Motorbikes, 1963, 11-20-73: Code 1991, §97.066)
• Skateboards And The Like Cross reference(s)-Penalty, §97.999.
No person in a park shall ride, drive, operate or
push a bicycle, motorbike, scooter, skateboard, 97.067 Picnic Facilities; Duty Of
roller skates and the like on other than a paved Picnicker
vehicular road, path, or course designated for
that purpose.
(A) No person in a park shall picnic or lunch in a
(Code 1965, §17A-15; Ord. No. 1594, 4-1-68; Code place other than those designated for that
1991, §97.054) purpose, or use any portion of the picnic
areas, picnic facilities, structures, or park
Cross refemnce(s)-Penalty, §97.999. recreational facilities to the exclusion of other
persons; nor shall any person use such
97.055-97.064 Reserved areas and facilities for an unreasonable time
if the facilities are crowded. Use of individual
ARTICLE V fireplaces, tables, benches, and recreational
RECREATIONAL ACTIVITIES facilities will generaltyUlow the rule of "first
come, first served'.
97.065 Bathing And Swimming; (B) No person in a park shall leave a picnic area
Bathhouses before the fire is completely extinguished
and before all trash in the nature of boxes,
(A) No person in a park shall swim, bathe, or cans, bottles, garbage and other refuse is
wade in any waters or waterways in any placed in the disposal receptacles where
park, except in such waters as are provided provided. Where no such trash receptacles
therefor and except during such hours of the are available, the refuse and trash shall be
day as shall be designated by the city. Nor carded away from the park area by the
shall any person frequent any waters or picnicker to be properly disposed of
places customarily designated for the elsewhere.
Purpose of swimming or bathing, or
congregate thereat when such activity is (Code 1965, §17A-19; Ord. No. 1594, 4-1-68; Code
prohibited by the city upon a finding that 1991, §97.067)
such use of the water would be dangerous or Cross references) --Penalty, §97.999.
' otherwise inadvisable.
•
CD97:5
2
F YE E I L ARD
lA N ES
97.068 Camping Prohibited
No person in a park shall set up or use tents,
shacks, or any other temporary shelter for the
purpose of overnight camping, nor shall any
person bring in or leave in a city park after
closing hours any structure or vehicle to be used
or that could be used for such purpose, such as
house trailer, camp trailer, camp wagon or the
like.
(a) Each person 16 years of age or
older is required to purchase a
fishing permit for fishing on each
lake or any stream within the city
owned lake property.
(b) A boating peril applies to the boat
rather than the occupants thereof.
(Code 1965, §17A-20; Ord. No. 1594, 4-1-68; Code (e) All daily permits are only good
1991, §97.068) during the day of purchase.
Cross reference(s)—Penalty, §97.999.
(C) Boat docking. Boat docking shall be
97.069 Horseback Riding permitted at the boat docks at Lake
No person in a park shall ride a horse except in Fayetteville and Lake Sequoyah on a space
Combs Park or on designated bridle trails. available basis. -
Where permitted, horses shall be thoroughly
broken and properly restrained and ridden with (1) Fees:
due care, and shall not be allowed to graze or go
unattended, nor shall they be hitched to any rock, Lake Fayetteville:
tree, or shrub.
• Residents per boat, annually
(Code 1965, §17A-22; Ord. No. 1594, 4-1-68; Code $200.00.
1991, §97.069) 0 Nonresidents per boat, annually
$260.00.
Cross reference(s)—Penalty, §97.999.
Lake Sequoyah:
97.070 Recreational Activities At •
Lakes Fayetteville, Sequoyah And Per boat, annually $80.00.
Wilson
(D) Fishing. All fishing shall be done only from
(A) Hours. Lake Fayetteville, Lake Sequoyah, the lake bank or boat. No wading,
and Lake Wilson shall be open to the swimming, or belly floats shall be permitted.
gArkansas Game and Fish regulations shall
general public throughout the year from
sunrise to sunset daily and shall be closed control the number and size of fish which
each day from sunset to sunrise; provided, may be caught, however, the Fayetteville
each lake shall be closed Thanksgiving Day. Parks and Recreation Division may provide
The boat docks shall be closed on additional requirements necessary to
December 24th and shall remain closed manage the fish population. All persons
through January 14th. should check with the boat dock operator
before fishing. It shall be unlawful for any
(B) Permits for fishing and boating. person. fishing to use trot lines, set lines, limb
lines, cast nets, yo-yo's or jug fishing.
(1) Permits: (E) Boating. A boating permit for each boat
• Season fishing permit $20.00 per must be purchased before its use on the
individual for both lakes (65 and lake. All boats must be docked at the boat
over $15.00). landing at lake dosing time. No boats
• Season boating permit $20.00 per except those used by lake employees will be
individual for both lakes (65 and docked at any other location on the lake.
over$. (F) Place of entry. All persons are warned to
• DaiDailyffishing permits $2.per enter the lake for boating or fishing only
individual for each lake (6655 and over $t.00). through the entrance at the lake office.
• Daily boating/launching permits Persons entering the lake property from any
$2.00 per individual for each lake other location shall be considered
(65 and over $1.00). trespassing and subject to prosecution.
(2) Miscellaneous. (G) Use of motors on boats. l
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CD97:6
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(1) In the event that motors are used on
boats, the boats shall be operated in
such a manner that they will not
endanger other boats or the occupants
thereof and shall not be operated in
such a manner as to create heavy
waves causing undue erosion of the
shoreline.
(2) No boats shall be permitted within 500
feet of the spillway of Lake Sequoyah.
(3) No houseboats, water skiing, or jet skis
allowed. Speeding and boat racing is
not permitted and each outboard motor
operator is cautioned to operate his
motor in a safe and cautious manner.
Failure to abide by this requirement will
cause loss of boating permit. The dock
operator shall revoke the boating, permit
of any boat which in his judgment is
unsafe, overloaded, or operated in a
careless manner.
(4) All state laws governing boats must be
complied with before using a boat on
any city lake. Facilities for docking or
landing of . boats will be provided,
however, the city will not be responsible
for any damage or theft of boats, motors
or equipment left in boats at docks.
(H) Picnicking or other recreational activities.
Picnicking is permitted on any part of Lake
Fayetteville, Lake Sequoyah, or Lake Wilson
or land surrounding said lakes, except within
restricted nature areas, which are controlled
by the city. Overnight camping is allowed
only by special group permit.
(1) Committing. nuisances. No person shall
commit. any nuisance while on Lake
Fayetteville, Lake Sequoyah, and Lake
Wilson or any of the land surrounding the
lakes belonging to the city, nor shall any
trash or other materials be thrown into the
lakes or left about the shore line or on the
premises of any lake.
M Fishingand boating prohibited near intake
tower. No one shall climb upon, enter, or
fish from the intake towers of the lakes.
(K) Fishing on stream below dam. State laws
governing fishing below dams shall be
applicable on city property. Fishing permits
are required to fish in the stream on city
property below the dams.
(L) Firearms and hunting. No firearms, hunting
or trapping will be, permitted on city owned
CD97:7
(M) Use of motor vehicles. No person at Lake
Fayetteville, Lake Sequoyah, or Lake Wilson
shall drive a motor vehicle or ride a
motorcycle, ATV or bicycle on other than a
paved vehicular road or path designated for
that purpose.
(N) Revoking permits. The city shall have the
right to revoke any permit issued under this
section if it is determined that the permittee
willfully violated any of the provisions of this
section. When a permit is revoked, there will
be no refunds.
(Code 1965, §13-12; Ord. No. 2274, 9-7-76; Ord. No.
2903, 3-1-83; Ord. No. 3164, 1-21-86; Ord. No. 3203,
8-5-86; Ord. No. 3437, 7-5,89; Ord. No. 3533, 2-19-91:
Ord. No. 4168, 6-1-99; Code 1991. §97.070)
Cross reference(s}-Penalty, §97.999.
97.071-97.079 Reserved
ARTICLE VI
CONDUCT IN PARKS
97.080 Gambling Prohibited;
Recreational Activities To Take Place
Only In Suitable Areas
No person in a park shall gamble, or participate
in, or abet any game of chance. Nor shall any
person take part in or abet the playing of other
fortes of recreation except in areas set apart for
or conducive to the particular form of recreation.
(Code 1965. §17A-21; Ord. No. 1594. 4-1-68; Code
1991. §97.080) _
Cross mferenm(s)--Penalty, §97.999.
97.081 Intoxicating Beverages
No person in a park shall bring into or consume
alcoholic beverages within a city park, nor shall
any person enter a park when under the
influence of intoxicating beverages.
(Code 1965, §17A-23; Ord. No. 1594, 4-1-68; Code
1991, §97.081)
Cross references) -Penally, §97.999.
FDYETER L R FRDITNA
S
•
97.082 Fires; Fireworks And
Explosives
(A) No person in a park shall build or attempt to
build a fire except in fireplaces or facilities so
designed for such use, nor leave any fire
unattended. No person shall drop, throw, or
otherwise scatter lighted matches, burning
cigarettes, or cigars, tobacco papers or other
inflammable material within any park area or
on any highway, road or street abutting or
contiguous thereto.
(B) No person in a park shall bring in, explode or
cause to be exploded, discharge or bum any
firecrackers, torpedoes, skyrockets, roman
candles or other fireworks, explosives or
inflammable materials without having first
obtained prior written consent pursuant to
the requirements of §94.04.
(Code 1965, §§17A-24, 17A-26; Ord. No. 1594, 4-1-68:
Code 1991,§97.082)
Cross reference(s)--Penalty, §97.999, Sale and
use of fireworks, §94.04(B).
97.083 Soliciting Alms
No person in a park shall solicit alms or
contributions for any purpose, whether public or
private.
(Code 1965, §17A-25; Ord. No. 1594, 4-1-68; Code
1991, §97.083)
Cross reference(s)—Penalty, §97.999.
97.084 Entering Closed Areas
No person in a park shall enter an area posted as
"Closed to the Public", nor shall any person use,
or abet the use of, any area in violation of posted
notices.
(Code 1965, §17A-27; Ord. No. 1594, 4-1-68; Code
1991, §97.084)
Cross reference(s)—Penalty, §97.999.
97.085 Going Onto Ice
No person in a park shall go onto the ice on any
of the waters except such areas as are
designated as skating fields, and provided a
safety signal is displayed.
(Code 1965, §17A-28; Ord. No. 1594. 4-1-68; Code
1991, §97.085)
Cross reference(s)—Penalty, §97.999.
97.086 Vending And Peddling
No person in a park shall expose or offer for sale
any article or thing, nor shall he station or place
any stand, cart, or vehicle for the transportation,
sale or display of any such article or thing.
Exception is here made as to any regularly
licensed concessionaire acting by and under the
authority and regulation of the city and nonprofit
groups on an annual basis.
(Code 1965, §17A-29; Ord. No. 1594, 4-1-68; Code
1991, §97.086)
Cross reference(s)—Penalty, §97.999.
97.087 Advertising Prohibited
No person in a park shall announce, advertise, or
call the public attention in any way to any article
or service for sale or hire.
(Code 1965, §17A-30; Ord. No. 1594, 4-1-68; Code
1991, §97.087)
Cross mference(s)—Penalty, §97.999.
97.088 Signs Prohibited
(A) No person in a pads shall paste, glue, tack,
or otherwise post any sign, placards,
advertisement, or inscription whatsoever, nor
shall any person erect or cause to be
erected any sign whatsoever on any public
lands or highways or roads adjacent to a
park, except as set forth hereinbelow.
(B) Signs shall be permitted on softball/baseball
fences and scoreboards at locations and in
sizes designated by the Parks and
Recreation Director. Uniform fees shall be
charged dependent upon placement and
size of the permitted signs. The content of
the sign and whether it is commercial or non-
commercial may not be considered.
Designated spaces shall be sold at the
established price on a first come basis.
Owner of a sign at a designated location
shall have firstrightto renew before others
can purchase the size/location for a new or
replacement sign.
(Code 1965, §17A-31; Ord. No. 3677, §2, 3-2-93; Code
1991,§97.088) 1- .
Cross reference(s)—Penalty, §97.999.
97.089-97.998 Reserved
97.999 Penalty
(A) Whoever violates any provision of this
chapter for which no specific penalty is
otherwise provided shall be fined not more
than $500.00 or double that sum for each
repetition of such offense, or violation;
provided, no penalty shall be greater or less
• '
F LA
thanES
• than the penalty provided DRAF
ora same or
similar offense under the laws of the state. If
the violation of the chapter is, in its nature,
continuous in respect to time, the penalty for
allowing the continuation thereof shall not
exceed $250.00 for each day the same is
unlawfully continued.
is
(B) Any person violating any provision of
§97.070 shall be guilty of a misdemeanor
and shall be punished by a fine of not more
than $500.00.
(Code 1965, §§1-5, 13-12; Ord. No. 2128, 7-15-75; Ord.
No. 2274, 9-7-76; Ord. No. 2903, 3-1-83; Ord. No.
3164. 1-21-86; Ord. No. 3203, 8-586: Code 1991,
§97-999)
CD97:9
•
DRAFT
ARTICLE I GENERAL PROVISIONS
98.01 OBSTRUCTIONS PROHIBITED........................................................................................................ 3
98.02 DUTY OF PROPERTY OWNER AND OCCUPANT TO KEEP SIDEWALKS FREE FROM
OBSTRUCTIONS............................................................................................................................ 3
98.03 OBSTRUCTION OF CROSSINGS BY RAILROAD TRAINS................................................:........... 3
98.04 GROWING TREES AND OTHER VEGETATION NEAR INTERSECTIONS; RIGHT-OF-WAY TO
BE KEPT FREE FROM GRASS AND WEEDS.............................................................................. 3
98.05 MARKING OR PAINTING ADVERTISING MATTER ON SIDEWALKS ............................................ 3
98.06 REMOVAL OF SNOW FROM SIDEWALKS..................................................................................... 3
98.07 LITTERING PROHIBITED................................................................................................................. 4
98.08-98.99 'RESERVED............................................................................................................................. 4
CD98:1
DRAFIJ
TITLE IX GENERAL REGULATIONS
•CD98:2
0 •
IDRAFTn
TITLE IX GENERAL REGULATIONS
CHAPTER 98: STREETS AND SIDEWALKS
ARTICLE I
GENERAL PROVISIONS
98.01 Obstructions Prohibited
It shall be unlawful for any person to obstruct any
street, alley or sidewalk or to choke up any gutter in the
city.
(Code 1965, §18.3; Ord. No. 17. 4-16-1890; Ord. No. 583,11-9-
25; Code 1991, §98.03)
98.02 Duty Of Property Owner And
Occupant To Keep Sidewalks Free From
Obstructions
The owner, occupant or agent of every house or parcel
of land in the city shall keep the sidewalk and gutter in
front or alongside the same free from all obstructions of
grass, weeds or other growths, substances or things.
(Code 1965. §18-4; Ord. No. 155, 8-8-1905; Code 1991.
§98.04)
98.03 Obstruction Of Crossings By
Railroad Trains
(A) It shall be unlawful for any corporation, company,
person or persons owning or operating railroad
trains in the city to allow any railroad train or any
railroad equipment to remain standing across any
public highway, street, or sidewalk to the hindrance
of travel for a longer time than 10 minutes.
(B) It shall be unlawful for any corporation, company,
person or persons owning or operating railroad
trains in the city to permit flashing light signals or
other types of railroad, street or highway grade
crossing protective devices to be in operation more
than one hour from the time the police department
notifies or makes a diligent attempt to notify a
railroad employee designated by said owner or
operator that said signals or devices are operating
but no train can be seen from the crossing
approaching or leaving the crossing.
(Code 1965. §18-5; Ord. No. 98; Ord. No. 2448, 6-6-78; Ord.
No. 2606. 2-19-80; Code 1991, §98.05)
1
•
CD98:3
98.04 Growing Trees And Other
Vegetation Near Intersections; Right -Of -
Way To Be Kept Free From Grass And
Weeds
(A) No person shall permit any tree, shrub, hedge,
flower or other form of vegetation to grow within 25
feet of the intersection of the curb lines of two
intersecting streets to a height in excess of three
feet above the lowest grade of two intersecting
streets; provided, however, that bees now growing
in such places may grow above said height if the
limbs are trimmed to the minimum height of eight
feet.
(B) The owner (or in the case of leased property, the
lessee) of private property abutting a public street
or alley right-of-way shall keep that portion of said
right-of-way from the center line thereof to the
private property line free from grass, weeds, debris
and other growths, articles, and things.
(Code 1965, §§18.16, 19-22; Ord. No. 1447, 6-7-65; Ord. No.
2076. 1-7-75)
98.05 Marking Or Painting Advertising
Matter On Sidewalks
It shall be unlawful for any person to mark, paint or
paste any advertising matter or handbill on any city
sidewalk in the city.
(Code 1965. §18-10; Ord. No. 146, 7-25-1904; Code 1991.
§98.08)
98.06 Removal Of Snow From Sidewalks
It is hereby declared to be the duty of all owners,
tenants, or managers of commercial establishments in
the City of Fayetteville to keep the sidewalks abutting
such premises free from snow. All such sidewalks shall
be cleared of snow by 5:00 p.m. of the first full business
day immediately following the snowfall.
(Code 1965, §18-11; Ord. No, 380, 1-18-18)
DRAFT]
TITLE IX GENERAL REGULATIONS •
98.07 Littering Prohibited
It shall be unlawful for any person to cast, throw, drop,
place, or otherwise cause or permit to be located upon,
in, or about any public street, sidewalk, alley or public
thoroughfare, or any private or public property adjacent
thereto, any litter, refuse, or debris.
(Code 1965, §18-17; Ord. No. 2076, 1-17-75; Code 1991,
§98.11)
98.08-98.99 *Reserved
(Ord. No. 4100, 6-16-98)
'Note -Ord. No. 4100,6-16-98 eliminates§§98.01, 98.02,
98.06, 98.12 through 98.99 of Chapter 98, Streets and
Sidewalks and incorporates these sections in Title 15, Unified
Development Ordinance.
•CD96:4 -
DRAFT
,„� ,"��.����, �TITLEFX1�Bl7SINES.S�,REGUL'�A4TI®NSr,,>{�„�
ARTICLE 1 GENERAL PROVISIONS
110.01 BILLPOSTING..................................................................................................................................3
110.02-110.99 RESERVED
•
t
• CD110:1
DRAFT
TITLE XI BUSINESS REGULATIONS
CD110:2
•
•
0
•
110.01 Billposting
DRAFT
TITLE XI BUSINESS REGULATIONS
CHAPTER 110: ADVERTISING*
(A) The posting of any bills, notices, or
advertisements of any kind whatever upon any
electric light, telephone, or telegraph pole within
the limits of the city is hereby prohibited.
(B) It shall be unlawful for any person to post, stick,
paint, or otherwise attach (or cause to be posted,
stuck, painted, or caused to be otherwise
attached) any bill sign, notice, poster, or other
advertisement to any building, fence, wall,
vehicles, or other property, public or private,
without first having obtained permission from the
owner of such property.
(Code 1965, 013-2, 13-3; Ord. No. 241, 9-11-1908; Ord.
No. 3773, §1, 4-5-94; Code 1991. §110.01)
Cross reference(s)—Penally, §10.99, Use of Radios.
Loudspeakers, etc, §96.06; Advertising Prohibited in Parks,
§97.087; Marking or Painting Advertising Matter on
Sidewalks, §98.05.
110.02-110.99 Reserved
•
CD110:3
ARTICLE I GENERAL PROVISIONS
111.01 APPLICABILITY...............................................................................................................................3
111.02 DEFINITIONS...................................................................................................................................3
111.03 PERMITS REQUIRED...................................................................................................................4
111.04 APPLICATION FOR PERMITS........................................................................................................5
111.05 RIGHT OF CITY TO INSPECT RECORDS... .......... 0 5
111.06 PROHIBITED ACTIVITIESIWARNING NOTICE.............................................................................5
111.07-111.09 RESERVED.........................................................................................................................0.6
ARTICLE 11 PENALTIES/SUSPENSION/REVOCATION
111.10 FURNISHING TO OR CONSUMPTION BY MINORS.....................................................................6
111.11 OPERATING WITHOUT A CITY PERMIT.......................................................................................7
• 111.12 GENERAL PENALTY......................................................................................................................7
111.13 SUSPENSION/REVOCATION.........................................................................................................7
111.14-111.19 RESERVED...........................................................................................................................7
ARTICLE III TYPES OF PERMITS -FEES -SPECIFIC PROVISIONS -HOURS OF
OPERATION
111.20 WHOLESALE...................................................................................................................................7
111.21-111.29 RESERVED ...................... .......... ....................................................._....................................8
111.30 RETAIL ......_- ----
111.31-111.39 RESERVED......................................................................................................................11
111.40 MANUFACTURING........................................................................................................................11
111.41-111.99 RESERVED........................................................................................................................11
• CD111:1
DRAFT
TITLE XI BUSINESS
CD111:2
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•
n
•
E RA F!T]
TITLE XI BUSINESS REGULATIONS
• 1
•
CHAPTER 111- ALCOHOLIC BEVERAGES
ARTICLE I
GENERAL PROVISIONS
111.01 Applicability
(A) It is hereby declared that the business of
manufacturing, transporting, storing, handling,
receiving, distributing, selling, serving, or
dispensing, either at wholesale or retail, any
controlled beverage, except wine, within the City
of Fayetteville, is a privilege, and for the exercise
of such privilege there are hereby imposed the
regulations, requirements, restrictions, fees, and
taxes as set forth in this chapter.
(B) These general provisions shall apply to all
permittees in addition to any specific provisions
under individual headings for each type of permit.
(Ord. No. 4042, §1, e-17-97; Code 1991, §111.01)
111.02 Definitions
For the purposes of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning. Words and
phrases not specifically defined in this chapter shall
have the meanings assigned by Title Three of the
Arkansas Code Annotated and/or the Arkansas
Alcoholic Beverage Control Division Regulations.
Alcoholic beverages means all intoxicating
liquors of any sort, other than beer and wine.
Beer means any fermented liquor made from
malt or any similar substance therefor and having an
alcohol content not in excess of 5% or less than one-
half of 1 % by weight.
City means the City of Fayetteville, Arkansas.
Controlled beverages means all beverages of
any kind subject to regulation under any alcoholic
beverage control law of the Stale of Arkansas and this
chapter.
Hotel means every building or other structure
commonly referred to as a hotel, motel, motor lodge,
or by similar name, which is kept, used, maintained,
advertised, and held out to the public to be a place
where food is actually served and consumed and
sleeping accommodations are offered for adequate
Pay to travelers or guests, whether transient,
permanent, or residential, in which 50 or more rooms
are used for the sleeping accommodations of such
CD111:3
guests and having one or more public dining rooms
with adequate and sanitary kitchen facilities, and a
seating capacity for at least 50 persons, where meals
are regularly served to such guests, such sleeping
accommodations and dining room being conducted in
the same building or in separate buildings or
structures used in connection therewith that are on
the same premises and are a part of the hotel
operation.
Large attendance facility means a facility housing
convention center activity, or tourism activity, or trade
show and product display and related meeting
activity, or any similar large meeting or attendance
activity, and, either itself or through one or more
independent contractors, complies with all of the
following-
(1) Actually serves full and complete meals and
food on the premises;
(2) Has one or more places for food service on
premises with a seating rapacity for not less
than 500 people;
(3) Employs a sufficient number and kind of
employees to serve meals and food on the
premises capable of handling at least 500
people; and
(4) Serves controlled beverages on premises at
one or more places only on days that meals
and food are served at one or more places
on premises.
Light wine means the fermented juices of grapes,
berries, or fruits and any other mixture containing the
fermented juice of grapes, berries, or fruits, having an
alcoholic content between'one-half of 1% and 5%
alcohol by weight.
Malt beverage products means any liquor brewed
from the fermented juices of grain having an alcoholic
content of not less than 5% nor more than 21% by
weight.
Malt liquor means liquor brewed from the
fermented juices of grain.
Microbrewery-restaurant means any
establishment in which beer, containing not in excess
of 5% of alcohol by weight, and/or malt beverage
products, containing not in excess of 21% of alcohol
by weight, are both brewed and sold at retail in a
DRAFT
TITLE XI BUSINESS REGULATIONS
restaurant setting under the same ownership and in
the same building or attached buildings.
On -premises consumption means the sale of
alcoholic beverages by the drink or in broken or
unsealed containers for consumption on the premises
where sold.
Permit means any authorization issued by the
Alcoholic Beverage Control Division of the State of
Arkansas and/or by the city pursuant to any Arkansas
Alcoholic Beverage Control Division regulation and/or
this Chapter 111 of the Code of Fayetteville whether
described as a permit, license or otherwise.
Permittee means the person to whom a peril
has been issued.
Person means any natural person, partnership,
association, corporation, syndicate, or company.
Private club means a nonprofit corporation
organized and existing under the laws of this state, no
part of the net revenues of which shall inure directly or
indirectly to the benefit of any of its members or any
other individual, except for the payment of bona fide
expenses of the club's operations, conducted for
some common recreational, social, patriotic, political,
national, benevolent, athletic, or other nonprofit object
or purpose other than the consumption of alcoholic
beverages. The nonprofit corporation shall have been
in existence for a period of not less than one year
before application for a permit. At the time of
application for the permit, the nonprofit corporation
must have not less than 100 members regularly
paying annual dues of not less than $5.00 per
member, and, at the time of application, must own or
lease, or be the holder of a buy -sell agreement or
offer and acceptance, or have an option to lease a
building, property, or space therein for the reasonable
comfort and accommodation of its members and their
families and guests, and restrict the use of club
facilities to such persons.
Restaurant means any public place or private
place kept, used, maintained, advertised and held out
to the public or to a private or restricted membership
as a place where complete meals are actually and
regularly served, such place being provided with
adequate and sanitary kitchen and dining equipment
and a seating capacity of at least 50 people and
having employed therein a sufficient number and kind
of employees to prepare, cook and serve suitable
food for its guests or members. At least one meal per
day shall be served at least five days a week, with the
exception of holidays, vacations and periods of
redecorating. Further, on the day that alcoholic
beverages are served to customers of the outlet, the
outlet must also prepare and serve at least one
complete meal for consumption on the premises.
Retailer means any person who holds a permit
under any alcoholic beverage control law of the State
of Arkansas to sell at retail controlled beverages to
consumers only.
Spirituous means liquor distilled from the
fermented juices of grains, fruits, or vegetables
containing more than 21% alcohol by weight, or any
other liquids containing more than 21% alcohol by
weight.
State means the State of Arkansas.
Sunday sales means the sales of alcoholic
beverages on Sunday shall be limited to those
businesses within the city which possess a current
and valid license for the sale of alcoholic beverages
issued by the Alcoholic Beverage Control Division.
Vinous means the fermented juices of fruits
containing more than 5% and not more than 21%
alcohol by weight.
Wholesaler and distributor means any person
who holds a permit under any alcoholic beverage
control law of the State of Arkansas to purchase
controlled beverages from a manufacturer or importer
and to sell such controlled beverages to retailers only.
(Ord. No. 4042, §1, 6-17-97; Code 1991, §111.02)
*State law reference(s)-Alcoholic beverages
generally, a/k/a •Arkansas Alcoholic Control Act, A.C.A. §3-
1-101 et seq.
111.03 Permits Required
(A) It shall be unlawful for any person to engage in
the business of manufacturing, transporting,
storing, handling, receiving, distributing, selling,
or dispensing, either at wholesale or retail, any
controlled beverage, except wine, within the city
without a permit issued by the city, or with an
expired permit.
(B) The provisions of this chapter shall notapply to
the manufacture, sale, and distribution of wines
or vinous liquors manufactured, sold, and
distributed by residents of Arkansas.
CD111:4
(Ord. No. 4042, §t, 6-17-97; Code 1991, §111.03)
State law reference(s)-Exempted products, A.C.A. §3-
DRAFT
TITLE A BUSINESS REGULATIONS
1-103: City and county licenses and taxes, A.C.A. §3-4-202; city. The city will restore the permit upon proof
Local permit required, A.C.A. 53-5-211. that the state permit has been restored to the
applicant, provided that no reclaimed permit will
111.04 Application for Permits be restored to an applicant until all outstanding
hotel, motel, and restaurant taxes and/or
(A) Application for a permit required by this chapter supplemental beverages taxes, if applicable, are
shall be in writing on a form prescribed by the city paid.
and shall be accompanied by the required fee
and a copy of the applicant's state permit. No (1) All fees, taxes, and penalties received by the city
city permit will be issued until applicant has pursuant to this chapter shall be deposited to the
received a state permit. credit of general fund revenues.
(B) It shall be unlawful for any person to make any (J) Permits shall not be transferable or assignable
false statement or representation in any except as providedby A.C.A. §3-4-103A
application required by this chapter or to give any (Fiduciaries -Continuation of permitted business).
false answer to any question contained therein.
(Ord. No. 4042, §11, 6-17-97; Code 1991, §111.04)
(C) Permits inquired by this chapter shall be issued
in such a manner that they will run for such State law mference(s)-Fiduciaries-Continuation of
length of time as the state permit. Annual permit permitted business, A.C.A. §3-4-103A; Operation of retail
renewal fees shall be due and payable on June liquor business within 200 yards of church or schoolhouse
30° of each year for the succeeding year Prohibited; as amended by Act 1072 of 2001, A.C.A. §3-4-
beginnirg July I" . 206; Transfer or assignment, A.C.A. §3-4-217; Applications -
Procedure for acceptance and determination, A.C.A. §3-4-
208.
(D) The city will not issue or renew any permits
pursuant to this chapter until all outstanding 111.05 Right Of City To Inspect Records
• hotel, motel, and restaurant taxes and/or The city shall have the right to inspect and examine
supplemental beverage taxes, if applicable, are the records of any permittee subject to any tax or
paid. permit fee based on gross sales or receipts.
(E) No new permit shall be granted to any person to (Ord. No. 4042, §1, 6-17-97; Code 1991, §111.05)
engage in the sale of liquor at retail, for
consumption off the premises, for any business 111.06 Prohibited Activities/Warning situated within 200 yards of any church or school. g
The distance shall be measured from the nearest Notice
point of the church or school building to the
nearest point of the building to be permitted. (A) Any person to which a controlled beverage permit
has been issued shall comply with all laws and
(F) No other permits shall be granted to any person regulations of the State of Arkansas, the
to engage in the business of manufacturing, Alcoholic Beverage Control Division of the State
transporting, storing, handling, receiving, of Arkansas, and the City of Fayetteville
distributing, selling, or dispensing, either at regarding the control and regulation of controlled
wholesale or retail, any controlled beverage, beverages, including but not limited to the
except wine, for any business situated within 300 following:
feet of any church or school building. The
distance shall be measured from the nearest (1) Purchase by or for minors, sale to minors, or
point of the church or school building to the handling by minors prohibited;
nearest point of the building to be permitted.
(a) It shall be unlawful for any person under
(G) All permits issued by the city pursuant to this the age of 21 years to have in his or her
chapter shall be prominently displayed on the possession,. to purchase or attempt to
permitted premises by the permittee in the same purchase, or otherwise obtain any
manner as required by the state for state permits. controlled beverages.
(H) When any state permit is revoked by the state or (b) It shall be unlawful for any person to,
required to be returned to the slate for any knowingly or unknowingly, purchase on
reason, the city permit shall be returned to the behalf of, furnish to, give away to, or
• ! CD111:5
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TITLE XI BUSINESS REGULATIONS ;.~•
otherwise dispose of to any person manner or attire as to expose to view any portion JJJ
under the age of 21 years any controlled of her breast below the top of the areola or any
beverages; however, this provision shall simulation thereof.
not apply to the serving of such to -
members of one's family or to the use of (C) That no person shall bring into or consume or
wine in any religious ceremony or rite in allow to be brought into or allow to be consumed
any established church or religion. intoxicants or alcoholic beverages of any kind, in any commercial establishment, or business,
(c) It shall be unlawful for any person which suffers or permits any person to appear on
engaged in the business of the premises in such manner or attire as to
manufacturing, distributing or selling, at expose to view any portion of the pubic area,
wholesale or retail, any controlled anus, vulva, or genitals or any simulation thereof,
beverages to sell, offer for sale, or give or suffers or permits any female to appear on the
away, under any conditions, any such premises in such manner or attire as to expose to
controlled beverages to any person view any portion of her breast below the top of
under the age of 21 years. The burden the areola or any simulation thereof.
of determining the age of any person
shall be upon the seller. (D) If any person engaged in the sale of controlled
beverages in the city shall conduct his place of
(d) It shall be unlawful for any wholesaler, business in a manner as to constitute a nuisance,
retailer, or transporter of controlled the City Council shall revoke the license of such
beverages to allow any employee or person to sell controlled beverages in the city.
other person under the age of 21 years
of age to have anything whatsoever to (E) Any person violating any provision of this
do with the sale, transporting or ordinance shall be subject to the general
handling of controlled beverages. penalties as set out in §10.99 of the Code of
However, with the written consent of a Fayetteville.
parent or guardian, persons 16 years of
age and older may be employed by (Ord. No. 4015, 2-4-97; Ord. No. 4016, 2-4-97; Ord. No. _
licensed liquor and beer wholesalers 4042, §1, 6-17-97; Ord. No. 4132, §1, 1-5-99)
and by licensed native wineries to
handle controlled beverages at the state law reference(s)-Unknowingly furnishing or
place of business of the licensed selling to minor, A.C.A. §3-3-201; Knowingly furnishing or
wholesaler or wineries. selling to minor, A.C.A. §3-3-203.
(2) A warning notice regarding the sale to, 111.07-111.09 Reserved
possession or purchase by, or furnishing to
minors of controlled beverages shall be ARTICLE II
posted in a conspicuous place in public view PENALTIES/SUSPENSION/REVOCATION
in each place of business where controlled
beverages are sold, served or dispensed, 111.10 Furnishing To Or Consumption
including all drive up windows. The warning 6y Minors
notices shall be of the size, have the content,
and be posted in the manner as prescribed
by the Arkansas Alcoholic Beverage Control (A) Any person convicted of knowingly or -
Division. unknowingly selling, serving, giving, procuring or
otherwise furnishing any controlled beverage to
(B) No person who has received a license under any any person under 21 years of age shall be
ordinance of the City of Fayetteville for the sale deemed guilty of a misdemeanor and shall be
or dispensing of alcoholic beverages for on- fined not less than $200.00 nor more than
premises consumption including private club $500.00.
licenses shall suffer or permit any person to
appear on the licensed premises in such manner (B) Any person under the age of 21 years who has in
or attire as to expose to view any portion of the his or her possession, purchases or attempts to
pubic area, anus, vulva,, or genitals or any purchase, or otherwise obtain any controlled
simulation thereof, nor suffer or permit any beverage shall, upon conviction, be deemed
female to appear on the premises in such _ guilty of a misdemeanor and shall be subject to a
CD111:6
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TITLE XI BUSINESS REGULATIONS
fine of not less than $10.00 nor more than
$500.00.
(Ord. No. 4042, §1, 6-17-97)
State law reference(s)--UnknovAngly furnishing or
selling to minor, A.CA. §3-3-201; Knowingly furnishing or
selling to minor, A.C.A. §3-3202; Purchase or possession by
minor, A.CA, §3-3-203.
(A) The City Council may suspend for a period not to
exceed six months or revoke the license of any
licensee violating this chapter after due notice to
the licensee and an opportunity for the licensee
to be heard.
(B) When any license is revoked, no new license
shall be issued to the same person within one
year of such revocation.
111.11 Operating Without A City Permit
(Ord. No. 4076, 2-4-97; Code 1991, §711.13)
(A) Beer and light wine. Any person who sells, 111.14-111.19 Reserved
serves, barters, exchanges, or gives away beer
or light wine without having a valid city permit as ARTICLE III
provided by this chapter shall, upon conviction, TYPES OF PERMITS -FEES -SPECIFIC
. be deemed guilty of a misdemeanor and shall be
fined not more than $500.00. Each day of such PROVISIONS -HOURS OF OPERATION
operation without a valid city permit shall
constitute a separate and distinct offense. 111.20 Wholesale
(B) On -premises consumption, including private (A) Wholesale liquor permit. Authorizes the
clubs. Any person who sells, serves, barters, purchase from licensed manufacturers or
exchanges, or gives away controlled beverages, importers of spirituous and vinous beverages or
except wine, for on -premises consumption malt liquor containing more than five percent
without having a valid city permit as provided by alcohol by weight, and the sale of such
• . this chapter shall, upon conviction, be deemed beverages to persons holding a valid liquor off -
guilty of a misdemeanor and shall be fined not premises permit or a hotel, motel or restaurant
more than $500.00. Each day of such operation on -premises consumption permit.
without a valid city permit shall constitute a
separate and distinct offense. (1) Permit fee. There is hereby levied an annual
permit fee of $500.00 for each and every
(C) General. Any person, except as provided in establishment engaged in - storing,
§111.11(A) and (B) above, who sells, serves, transporting and/or selling at wholesale any
barters, exchanges, or gives away controlled spirituous or vinous (except wine) liquors
beverages, except wine, without having a valid within the city.
city permit as provided in this chapter shall, upon
conviction, be deemed guilty of a misdemeanor (2) yours of operation. It shall be unlawful for
and shall be fined not more than $500.00. Each any person to sell, offer for sale, or give
day of such operation without a valid city permit away, at wholesale, any spirituous, vinous,
shall constitute a separate and distinct offense, or malt liquors before the hours of 6:00 a.m.
. (Ord. No. 4042, 6-17-97; Code 1991, §111.11) and after the hour of 11:00 p.m. on
weekdays, 12:00 midnight on Friday and
state law reference(s)`Penalfies, A -CA. §3-5-203; Saturday, at any hour on Sunday, on
Manufacture, sale, etc., a privilege, A.CA. §3-5-204. Christmas Day, or during any 24-hour
interval designated an emergency period by
111.12 General Penalty the mayor, City Council, or any person acting
Except as set forth above, an in the mayors or City Council's capacity.
y person violating any ty
provision of this chapter shall be subject to the (B) Wholesale beer and light wine permit. Authorizes
general penalties as set out in §10.99 of the Code of the purchase of beer, light wine or matt liquor
Fayetteville.
from a licensed manufacturer or importer and the
(Ord. No. 4042. 6-17-97; Code 1991, §111.12) sale of such beverages to retailers holding a valid
permit to sell beer, light wine or malt liquor for
111.13 Suspension/Revocation consumption on or off the premises.
(1) Permit fee. There is hereby levied an annual
• CD111:7
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TITLE XI BUSINESS REGULATIONS j
permit fee of $125.00 for each and every away, at retail, any controlled beverages for -
wholesale dealer, broker or distributor of off -premises consumption before the hour of
beer and light wine. (Per A.C.A. § 3-5-101, 10:00 a.m. and after the hour of 11:00 p.m.
Wholesalers of beer may sell malt liquor.) on weekdays, after the hour of 12:00
midnight on Friday and Saturday, at any
(2) Hours of operation. The authorized hours of hour on Sunday, on Christmas Day, or - - -
operation shall be the same as for wholesale during any 24-hour interval designated an
liquor dealers in §111.20(A). emergency period by the mayor, City
Council, or any person acting in the mayor's
(3) All wholesale dealers and distributors selling or the City Council's capacity.
beer and light vine to retail dealers within
the city shall provide to the cit�y's accounting (B) Retail beer and light wine off -premises permit.
division on or before June 30 of each year Authorizes the purchase of beer, light wine, or
a report of said distributors total sales of malt liquor containing less than five percent
beer and light wine for the previous calendar alcohol by weight from wholesalers- holding a
year to each retailer within- the city. No valid permit and the sale of such controlled
wholesale beer and light wine permit will be beverages for consumption off the premises
renewed until such report has been received described in the permit.
by the city.
(1) Permit fee. For the privilege of selling beer
(Ord. No. 4042, §1, 6-17-97; Code 1991, §111.20) and light wine, at retail, for off premises
consumption, there is hereby levied an
State law references) -Privilege tax -Levy and annual permit fee as follows:
collection -Exception, A.C.A. §3-5-205A, as amended by Act
1813 of 2001. (a) For a retailer whose annual gross sales
111.21-111.29 Reserved of beer and/or light wine do not exceed
$1,000.00, the permit fee shall be -�
$15.00.
111.30 Retail
(b) For a retailer whose annual gross sales -
(A) Retail liquor off -premises permit. Authorizes the of beer and/or light wine exceed
purchase of spirituous and vinous beverages $1,000.00, the permit fee shall be
from any person holding a valid wholesale liquor $15.00 plus one-half cent for each dollar
permit and the sale of such beverages at retail to of gross sales in excess of $1,000.00.
consumers for consumption off the premises; any
holder of a liquor off -premises permit may also (c) The permit fee for a new applicant with
purchase malt liquors containing more than five no sales history shall be $40.00.
percent alcohol by weight from either persons
holding a wholesale beer permit or a wholesale (d) For the purpose of renewing an existing
liquor permit, and sell such beverages to permit, annual sales shall be the actual
consumers for consumption off the premises gross sales -for the previous calendar
described in the permit. year. If the permiftee has not been in .
operation for a full year at December
It shall be unlawful for any person to accept retail 31" of the previous year, annual sales
orders for any spirituous, vinous, or malt liquors shall be determined by dividing the total
for delivery outside of the premises of the store actual sales by the number of months of
operated by such person. operation and .multiplying the result by
12.
(1) Permit fee. There is hereby levied an annual
permit fee of $250.00 for each and every (e) If a new permit was issued between
retail liquor dealer engaged in the business January 1st and June 30th, the first
of selling or dispensing, at retail any vinous renewal rate (due on June 30th of the
(except wine), spirituous, or malt liquors for issue year) shall be $40.00. ..
off -premises consumption.
(2) Hours of operation. It shall be unlawful for
(2) Hours of operation. It shall be unlawful for any person to serve, sell, offer for sale, or
any person to sell, offer for sale, or give give away beer or light wine at retail for off-
. CD111:8 _.:
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TITLE XI BUSINESS REGULATIONS
premises consumption before the hour of
10:00 a.m. and after the hour of 11:00 p.m.
on weekdays, after the hour of 12:00
midnight on Friday and Saturday, at any
hour on Sunday, on Christmas Day, or
during any 24hour interval designated an
emergency period by the mayor, City
Council, or any person acting in the mayors
or the City Council's capacity-
(C) Retail beer and light wine on -premises permit.
Authorizes the purchase of beer, light wine, or
malt liquor containing less than five percent
alcohol by weight from a wholesaler holding a
valid permit and the. sale of such controlled
beverages for consumption on or off the
premises described in the permit. .
. (1) Permit fee. There is hereby levied an annual
Permit fee of the same amounts and
computed in the same manner as the annual
fees for retail beer and light wine off -
premises in §111.30(B) above.
(2) Hours of operation. It shall be unlawful for
any person (except private clubs and holders
• of on -premises consumption hotel, motel or
restaurant permits) to serve, sell, offer for
sale, or give away for consumption on
premises any beer or light wine between the
hours of 1:00 a.m. and 7:00 a.m. on Monday
through Saturday, on Sunday, on Christmas
Day, or during any 24hour interval
designated an emergency period by the
mayor, City Council, or any person acting in
the mayor's or the City Council's capacity.
(D) Private club permit.. Authorizes the purchase of
any controlled beverages from persons holding
an off -premises retail liquor or beer permit who
have been designated by the director of the State
Alcoholic Beverage Control Board as a private
club distributor, and authorizes the dispensing of
such beverages for consumption on the premises
of the private club to members and guests only of
the private club. (Private clubs holding a retail
beer on premises peril may purchase beer,
light wine, or malt liquor containing not more than
five percent alcohol by weight from holders of
valid wholesale beer permits).
(1) Permit fee. For the privilege of operating a
private club within the city, there is hereby
levied an annual permit fee of $250.00. For
any new private club permit issued between
January list and July 1st, the fee shall be
$125.00.
• CD111:9
(2) Supplemental beverage tax. In addition to
the $250.00 per year permit fee, there is
hereby imposed and levied a city
supplemental tax of five percent upon the
annual gross receipts which are derived by
such private dub from charges to the
members and/or their guests for the
following services:
(a) For the preparation and serving of
mixed drinks, and
(b) For the cooling and serving of beer, light
wine, and wine.
The city's supplemental beverage tax is
in addition to the state supplemental tax on
private clubs and shall be paid to the
appropriate city official, shall be due monthly
at the same time that the state supplemental
tax is due., and shall be accompanied by
one copy of the state supplemental tax
return. If any permittee shall fail to remit the
supplemental tax within the time period that
the state tax is due, a penalty of 12'/s% of
the tax due shall be due and payable in
addition to the tax.
(3) Hours of operation. It shall be unlawful for
the owner, operator, or any employee of a
private club to serve or permit the
consumption of any controlled beverages on
the premises of said private club between
the hours of 2:00 a.m. and 10:00 a.m. on any
day.
(E) On -premises consumption --Hotel, motel or
restaurant permit. Authorizes the purchase of
any controlled beverages from persons holding a
valid wholesale pennit and the sale of such
beverages for consumption on the premises of
the restaurant described in the permit or in -room
hospitality units of the hotel or motel described in
the permit. (Persons holding an on -premises
consumption hotel, motel, or restaurant permit
are not required to have a retail beer permit).
(1) Permit fee. For the privilege of selling
controlled beverages for on -premises
consumption by hotels, motels, or
restaurants, in accordance with A.C.A. §3-9-
201, at seq., there is hereby levied annual
permit fees in the following applicable
amounts:
(a) Hotel or motel having fewer than 100
1DRAFT]
TITLE XI BUSINESS REGULATIONS fig•
rooms, $250.00. an establishment has a valid Sunday Sales
permit, its hours of operation on Sunday
(b) Hotel or motel having 100 or more shall be governed by state law (A.C.A. §39-
rooms,$500.00. 215)
(c) Restaurants having a seating capacity (F) Large attendance facility permit. Authorizes the
of less than 100 persons, $250.00 sale of all types of controlled beverages by a
facility which houses a convention center activity,
(d) Restaurants having a seating capacity or tourism activity where such establishment has
of 100 or more persons, $500.00. a sealing capacity of not less than 500 people
and which serves controlled beverages only on
(e) Any new permit issued for on -premises the premises on days that meals and food are
consumption hotel, motel, or restaurant served at one or more places on the premises.
operations between January 1st and
June 301h shall be at one-half the rates (1) Permit fee. There is hereby levied an annual
shown above. permit fee of $500.00 for each and every
large attendance facility within the city. For
(2) Supplemental beverage tax. In addition to any new permit issued between January 1st
the annual permit fees for the sale of and June 30th, the permit fee shall be one -
controlled beverages for on -premises half of the above amount.
consumption by hotels, motels, or
restaurants, there is hereby levied a city (2) Supplemental beverage tax. Large
supplemental beverage tax of five percent attendance facilities shall be subject to the
upon the annual gross proceeds or gross same supplemental beverage taxes, due
receipts from the sale of alcoholic beverages dates, and penalties as on -premises
pursuant to this subsection. Wine, beer, light consumption hotel, motel, or restaurant
wine, and malt liquors containing less than permittees in §111.30(E). •
five percent alcohol by weight, shall not be
subject to the supplemental beverage tax. (3) Hours of operation. The hours of operation
for large attendance facility permittees shall
The city's supplemental beverage tax is in be the same as those allowed for on
addition to the state supplemental tax and premises consumption hotel, motel, or
shall be paid to the appropriate city official, restaurant permittees in §111.30(E).
shall be due monthly at the same time that
the - state supplemental tax is due, and (G) Satellite catering permit. Authorizes any
payment shall be accompanied by one copy restaurant, hotel, or motel which has an on -
of the state supplemental tax return.. If any premises consumption hotel, motel, or restaurant
permittee shall fail to remit the supplemental permit to serve controlled beverages purchased
tax within the time period that the state tax is under its permit at any place that is permitted as
due, a penalty of 12 1f2% of the tax due a large attendance facility, or from the stock of
shall be due and payable in addition to the the large attendance4acility, in accordance with
tax. regulations of the Alcoholic Beverage Control
Division.
(3) Hours of operation. It shall be unlawful for
any person holding an on -premises (1) Permit fee. There is hereby levied an annual
consumption hotel, motel or restaurant permit fee in the amount of $250:00 for a
permit to sell, offer for sale, serve, give satellite catering permit.
away, or permit consumption of any -
controlled beverages between the hours of (2) Supplemental beverage tax. Satellite
2:00 a.m. and 10:00 a.m. on Monday catering activities will be subject to the same
through Saturday, on any Sunday, on supplemental beverage taxes, due dates,
Christmas Day, or during any 24-hour and penalties as on -premises consumption
interval designated an emergency period by hotel, motel, or . restaurant permittees in
the mayor, City Council, or any person acting §111.30(E).
in the mayor's or the City Council's capacity
unless that establishment has a valid - (3) Hours of operation. The hours of operation
Sunday Sales permit issued by the ABC. If for any satellite catering permittee shall be
CD111:10
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TITLE XI BUSINESS REGULATIONS
the same as those allowed for on -premises permit fee shall be $250.00 for each and
consumption hotel, motel, or restaurant every manufacturing plant.
permittees in §111.30(E).
(B) Beer manufacturing permit. Authorizes the
(Ord. No. 4042, §t, 6-17-97; Code 1991, §111.30) manufacture of beer containing not in excess of
Slate law reference(s)--Sunday sales and sales five percent alcohol by weight, and the sale of
between 1:00 a.m. and 7:00 a.m. weekdays prohibited, such beer to persons holding a valid permit to
A.CA §3-3-210; Sales on Christmas Day prohibited, A.C.A wholesale or import such beer.
§3-3-211; Fees. A.C.A. §§34-604 and 3.7-111; Permits
generally, A.C.A. §3.5-212; Private dubs: permit fees, A.C.A. (1) Permit fee. For the manufacture and sale of
§§3-9-222 and 3-9-223; Closing hours generally, A.C.A. §3- beer, the annual permit fee shall be $250.00
9-233; On -premises consumption: scope generally', A.C.A for each and every manufacturing plant.
§3-9-211; Fees and taxes generally, A.C.A. §3-9-212-3.9-
214; large facility defined, A.CA §3-9.202 (8)(6)(i); Satellite (C) Rectifying permit Authorizes the recti t catering, A.C.A. §3-0-202(8)(B#)(c). fly ng,
Purifying, mixing, blending, or flavoring of
111.31-111.39 Reserved spirituous liquors or the bottling, warehousing, or
other handling or distribution of rectified distilled
spirits. Rectifiers may sell, deliver, or transport
111.40 Manufacturing only to wholesalers holding a valid permit to
wholesale, to other rectifiers, or for the purpose
(A) Liquor manufacturing permit. Authorizes the of export out of state.
manufacture or distilling of spirituous or vinous
(except wine) liquors, and the sale to persons (1) Permit fee. For the privilege of rectifying,
holding valid permits to wholesale or import such blending, or flavoring spirituous liquors, there
liquors. is hereby assessed an annual permit fee of
• (1) Permit fee. $750.00 for each and every rectifying,
blending, or flavoring plant.
(a) For the manufacturing and sale of (Ord. No. 4042. 6-17-97)
spirituous liquors, the annual permit fee
shall be $500.00 for each and every State law references}Liquor manufacturing permit,
manufacturing plant. A.C.A. §3-4-602; Beer manufacturing permit, taxes, ACA.
§3-5-205; Rectifiers generally, ACA §3-4-603.
(b) For the manufacturing and sale of
vinous (except wine) liquors, the annual 111.41-111.99 Reserved
• :� CD111:11
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} mmy.�APTERJ112,�AMU$EMENTS
112.01 CARNIVALS.....................................................................................................................................3
112.02 OBSCENE MATERIALS.............................................................................................................3
112.03-112.98 RESERVED.....................................................................................................................:.....3
112.99 PENALTY.........................................................................................................................................3
• CD112:1
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TITLE XI BUSINESS REGULATIONS
CD112:2
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CHAPTER 112: AMUSEMENTS
112.01 Carnivals
(A) Permitted location. It shall be lawful for carnival
companies to set up the usual stands and
equipment and to conduct the usual business of
carnival companies in the city, provided that the
stands, amusement machines, and other
attractions usually accompanying carnival
companies are located not closer than one mile
to the public square and that all requirements of
the Unified Development Code have been met.
(B) Privilege tax. A privilege tax of $300.00 is hereby
levied against every carnival company for the
privilege of exhibiting for a period of not more
than one week in the zone or zones permitted in
subsection (A), which tax shall be paid to the city
before any of the equipment or amusement
devices, building, tents, or other property of such
carnival company is erected, installed, or put in
operation, as the case may be.
(C) Definition. As used in this section, the word
'company' shelf include any corporation, fine,
• association, or individual.
(Code 1965, §17-1; Ord. No. 922, 8-4-47)
Cross references) -Penalty, §10.99, Camival, etc.,
§163.10.
112.02 Obscene Materials
(A) No person shall import, print, publish, exhibit,
display, sell or distribute any book, pamphlet,
ballad, printed paper, stereopticon slide, moving
picture film, or other thing, containing obscene
language or any obscene prints, figures, pictures,
or descriptions.
(B) No person shall buy, procure, receive, or have in
his possession any book, pamphlet, ballad,
printed paper, stereopticon slide, moving picture
film, or other thing for the purpose of sale,
exhibition, loan, or circulation containing obscene
language or any obscene prints, figures, pictures,
or descriptions. Whenever any police officer
arrests any person charged with any offense
under the provisions of this subsection, he shall
seize one copy of the book, pamphlet, ballad,
printed paper, picture, slide, film, or other thing,
and take it into his custody as evidence of the
offense.
(C) A person commits the offense of distributing
obscene materials when he sells, lends, rents,
• CD112:3
gives, advertises, publishes, exhibits, or
otherwise disseminates to any person any
obscene material of any description, knowing the
obscene nature thereof, or who offers to do so, or
who possesses such material with the intent to
do so.
(D) Material is obscene when the average person,
applying contemporary community standards,
would find that the work taken as a whole,
appeals to the prurient interest; the work depicts
or describes, in a patently offensive way, sexual
conduct specifically defined by applicable law;
and the work, taken as a whole, lacks serious
literary, artistic, political, or scientific value.
112.03-112.98 Reserved
112.99 Penalty
Any person violating any of the terms of §112.02 or
failing or refusing to comply with the provisions
thereof, shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be fined in an
amount of not less than $50.00, nor more than
$200.00, and each separate showing shall be a
separate offense.
(Code 1965, §17-1.1(b); Ord. No. 1901, 2-20-73)
I
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CD113:1
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114.01 DRIVE-IN RESTAURANTS
114.02 FARMER'S MARKET.........
114.03-114.98 RESERVED ............
114.99 PENALTY ...........................
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CD114:1
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........................ 3
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CD114:2
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CHAPTER 114: FOOD SALES
114.01 Drive-in Restaurants parking spaces (those parking spaces adjoining
the Old Post Office) of the downtown square and
(A) A drive-in restaurant, within the meaning of this on the sidewalks adjoining these parking spaces.
chapter, shall be deemed to be any restaurant In addition, on Saturday's only, parking spaces on
where meals, sandwiches, ice cream, or other the east side of the East Street on the downtown
food, is served directly to or is permitted to be squareshall be available for vendors by closing the
consumed by patrons in automobiles, motorcycles, street to through traffic. Vendors shall be
or other vehicles parked on the premises. permitted to park their vehicles at right angles to
street curbs provided, no vehicle shall be permitted
(B) Prohibited Acts. to extend into the street in such a manner as to
obstruct the free flow of traffic; and no vehicle shall
(1) It shall be unlawful for any person, while on or be parked within 15 feel of any fire plug. No
adjacent to the premises of a drive-in vendor shall obstruct pedestrian traffic on the
restaurant, to race the motor of any car, to public sidewalks of the marketplace.
suddenly start or stop any car, or to make or
cause to be made, any other loud or unseemly (B) Days and hours. The marketplace established
noise. hereby may be opened on Tuesdays, Thursdays,
and Saturdays, but shall not be open on any other
(2) It shall also be unlawful for any other person day. This marketplace shall open no earlier than
parked on the premises of such restaurant, to 6:00 a.m. and shall close no later than 1:00 p.m.
blow or cause to be blown any automobile
hom or motorcycle hom at any time while so (C) Articles permitted to be sold. The following articles
parked. may be sold at the marketplace established
hereby: vegetables, honey, rawjuices, molasses,
• (3) It shall be unlawful for any patron or other fruit, and other produce grown by the vendor
person on the premises of a drive-in thereof, plants, art work, craft work, and other
restaurant, whether in or out of an automobile, processed farm products produced by the vendor
to drink any intoxicating beverage of any thereof. All products sold at the marketplace must
nature. be produced in compliance with all applicable
regulations of the State Department of Health.
(4) It shall be unlawful for a group of three or
more persons to congregate and linger at any (D) Sanitation. At the close of each market day, each
location on the premises of a drive-in vendor shall be required to leave the marketplace
restaurant. Persons so congregating and in a clean and sanitary condition, free from debris
lingering shall be deemed guilty of loitering. and insects.
No person shall drive a motor vehicle on to the
premises of a drive-in restaurant and then (E) Fee. The fee to be paid by each vendor forthe use
from said premises without parking such of the marketplace shall be $5.00 per year plus ten
motor vehicle, unless there is no unoccupied percent of gross proceeds realized by the vendor
parking space available on said premises. from sates at the marketplace.
(5) It shall be unlawful for any person to leave any (F) Use of public streets for business prohibited,
unoccupied motor vehicle on any drive-in exception. It shall be unlawful for any person to
restaurant parking lot and to leave the use any public street, public parking place, or
premises thereof, except with the knowledge public sidewalk, as a place of business except as
and consent of the operator of the restaurant, authorized by this section; provided, any merchant
whose building is adjacent to a public sidewalk
(Code 1965, §§7A-1, 7A-3, 7A-4; Ord. No. 1706, 10.669; Cafe may conduct business thereon if pedestrian traffic
1991. §114.01) is not obstructed thereby; provided further, the City
Council may approve temporary use of a public
Cross reference(s)-Penalty, §114.99(A). - street, place, or sidewalk as a marketplace where
such use is part of an event, activity, or celebration
114.02 Farmer's Market of general public interest. The City Council may
impose reasonable conditions on such use as are
(A) Establishment, location, and parking restrictions. A necessary to safeguard the public health, safety,
farmer's market is hereby established in the city. and welfare.
• This marketplace shall be located on the interior
CD114:3
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TITLE XI BUSINESS REGULATIONS
(Code 1965, §13-14; Ord. 2040, 8-20-74; Ord. No. 2846, 8-17-
82; Ord. No. 2862,10-5-82:Ord. No. 2925, 6-7-83; Code 1991,
§114.03; Ord. No. 4045, §1, 7-15-97; Ord. No. 4248, 6-6-00)
Cross reference(s) -Penalty, §10.99.
State law reference(s)—Maintenance and regulation of
markets, A.C.A.§14-140-101. .
114.03-114.98 Reserved
114.99 Penalty
Any person found guilty of violating any of the
provisions of §114.01 shall be deemed guilty of a
misdemeanor and shall be fined not more than
$100.00.
(Code 1965, §§7A-2, 11-5; Ord. No. 786, 9-2-35; Ord. No.
1706, 10-6-69; Code 1991, §114.99; Ord. No. 4045, 7-15-97)
0
CD114:4
115.01 DEFINITIONS...................................................................................................................................3
115.02 LICENSE REQUIREMENTS............................................................................................................3
115.03 DUTY TO MAINTAIN BOOKS AND RECORDS.............................................................................3
115.04 DAILY REPORTS.............................................................................................................................3
115.05 WAITING PERIOD BEFORE DISPOSITION OF PAWNED ARTICLE............................................3
115.06-115.98 RESERVED........................................................................................................................4
115.99 PENALTY ............................................:.....
•a
• CD115:1
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TITLE XI BUSINESS REGULATIONS
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TITLE XI BUSINESS REGULATIONS
CHAPTER 115: PAWNBROKERS
•
115.01 Definitions
For the purpose of this chapter, the following definition
shall apply unless the context clearly indicates or
requires a different meaning.
Pawnbroker. Any person, fine, or corporation
whose business or occupation is to take, receive, by
way of pledge, pawn, or exchange any goods, wares, or
merchandise, or any kind of personal property
whatsoever.
(Code 1965, §14A-1; Ord. No. 1553, 7-3-67; Code 1991,
§115.01)
115.02 License Requirements
(A) The business of owning, operating, or conducting a
business defined by §115.01 hereof, as that of a
pawnbroker, is hereby declared to be a privilege,
and no person shall own, operate, conduct, or
engage in any such business unless he has a
current license to do so issued by the city.
(B) Licenses as herein provided for shall be issued by
the finance department and attested by the license
officer. The mayor shall have authority to
promulgate from time to time any rules and
regulations necessary for the proper administration
of this chapter.
(C) Application required.
(1) Any person desiring to engage in any
business for which a license is required by this
chapter shall file an application for such
license with the license officer. The
application shall then be referred to the chief
of police of the city, who shall make a written
recommendation to the mayor.
(2) It shall be unlawful for any person to make any
false statement or representation in any
application or give any false statement or
representation in any application or give any
false answer to any question contained
therein.
(D) The annual license fee shall be $300.00.
(E) A license applied for under this chapter shall be
issued by the mayor upon compliance by the
applicant with all provisions of this chapter,
including payment of the prescribed tax.
(F) A license issued under this chapter shall not be
transferable.
CD115:3
(G) Every license issued under this chapter shall
expire on the next December 31s1 following its
issuance.
(H) Revocation.
(1) When any person licensed under this chapter
is convicted of a violation of any provision of
this chapter, the court shall, in addition to the
penalty imposed for such violation, revoke
such person's license.
(2) When any license is revoked under this
chapter no new license shall be issued to the
same person within one year after such
revocation.
(Code 1965, §14A-2-14A-9; Ord. No. 1553, 7-3-67; Ord. No.
2844, 8.3-82; Code 1991, §115.02)
115.03 Duty To Maintain Books And
Records
Every pawnbroker shall keep a book or record, which
shall be numbered consecutively and will correspond to
the pawn ticket or stub issued to the person so
pawning, pledging, or leaving as security such article.
The book or record shall contain an accurate, detailed
description, so as to be readily identified, bearing the
serial number, if it has one, of the article so pawned,
pledged, or left as security. The book or record shall
further contain the date and hour the article was
pawned, pledged, or left as security, the name,
residence, address, and signature of the person so
pawning, pledging, or leaving such article as security,
the amount of money loaned oradvanced on the article,
and the date that such is to be redeemed. The book or
record shall at all times be open to inspection by the
chief of police, or any police officer of the city.
(Code 1965. §14A-10; Ord. No. 1553, 7-3-67; Code 1991,
§115.03)
115.04 Daily Reports
Every pawnbroker shall deliver to the police department
every day before noon, except Sunday, a dairy report
upon a form furnished by the city of his previous days
operation. The report is to be completely filled out in
detail.
(Code 1965. §14A-11; Ord. No. 1553, 7-3-67; Code 1991,
§115.04)
115.05 Waiting Period Before Disposition
Of Pawned Article
It shall be unlawful for any pawnbroker to sell,
exchange, barter, or remove from his place of business
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TITLE XI BUSINESS REGULATIONS
or permit to be redeemed any article pawned, pledged,
or left as security for a period of 24 hours, after making
such daily report.
(Code 1965, §14A-12; Ord. No. 1553. 7-3-67; Code 1991,
§115.05)
115.06-115.98 Reserved
115.99 Penalty
Every person, firm, or corporation, or their agents,
servants, or employees, who shall violate any of the
provisions of this chapter, shall upon conviction thereof,
be guilty of a misdemeanor, and shall be fined in a sum
not less than $10.00 nor more than $50.00, and each
day's violation shall constitute a separate offense.
(Code 1965, §14A-13; Ord. No. 1553, 7-3-67; Code 1991,
§115.99)
CD115:4 •
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• '� f i ,' ��"i��Til'LE XI' �USI E=S'SREG,UL�A�TIONS�� �`�� -
i £F' f%dJ4'L��i�' �¢�^`4Y�fak� a`,NKP•T +wwr `3�... zi' .:i: 1 � S!G'4ti n 4Y.. - . ,
116.01 GOING UPON PRIVATE RESIDENTIAL PROPERTY....................................................................3
116.02-116.99 RESERVED ................................... 3
................................................
• CD116:1
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} TITLE XI BUSINESS REGULATIONS
CHAPTER 116: DOOR TO DOOR SOLICITATION
116.01 Going Upon Private Residential
Property
(A) No solicitor or vendor shall enter in or upon any
house, building, or other structure upon any land or
property without the prior consent of the owner or
occupant thereof where there is placed or posted
on the premises in a conspicuous position, at or
near the usual means of ingress, a sign or other
form of notice stating or indicating that the owner
or occupant forbids or otherwise does not desire
persons engaged in soliciting or any similar activity
to enter upon the premises.
(B) The provisions of this section shall not apply to the
sale or soliciting of orders for the sale of fruits,
vegetables, or other products of the farm, including
meat from domestic animals or livestock, so far as
the sale of such commodities Is authorized by law.
(Code 1965. §13-10; Ord. No. 1390, 4-13-64; Ord. No. 1987, 2-
15-74; Code 1991, §116.01)
Cross reference(s)-Vending and peddling in parks,
§97.086'. Soliciting from public roadways or sidewalks
• - pmhibitad, §74.05; Advertising, Ch. 110; Penalty, §10.99; Stale
law ref.: Transient Vendors §14-54-1407.
116.02-116.99 Reserved
• )
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ARTICLE I REPAIR SHOPS AND WRECKER SERVICES
117.01 DEFINITIONS ....................................
117.02 STORAGE OF WRECKED VEHICLE................................................................................................5
117.03-117.09 RESERVED..................................................................:..........................................................5
ARTICLE II USED CAR SALES
117.10 REPORT TO POLICE DEPARTMENT REQUIRED ..... :............................................. .......................5
117.11-117.19 RESERVED............................................................................................................................05
ARTICLE III RESERVED
117:20-117.29 RESERVED
ARTICLE IV TAXICABS
• 117.30 DEFINITIONS.....................................................................................................................................5
117.31 RESERVED...............................:........................................................................................................6
117.32 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY REQUIRED; ISSUANCE
PROCEDURE................................................................................................................................6
117.33 LIABILITY INSURANCE....................................................................................................................7
117.34 LICENSE FEES.... .......... 7
117.35 TRANSFER OF CERTIFICATE ............ ...................... ..................... ........... -....................................7
117.36 SUSPENSION, REVOCATION OF CERTIFICATE...........................................................................7
117.37 TAXICAB DRIVER'S PERMIT REQUIRED; ISSUANCE PROCEDURE; FEE.................................7
117.38 DISPLAY OF PERMIT.. e
117.39 SUSPENSION, REVOCATION OF PERMIT...................................................................... 8
117.40 FAILURE TO COMPLY WITH APPLICABLE LAW...........................................................................8
117.41 VEHICLES TO BE KEPT SAFE SANITARY.....................................................................................8
117.42 DESIGNATION OF VEHICLE AS TAXICAB BY INSIGNIA OR THE LIKE.......................................8
• I CD117:1
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TITLE XI BUSINESS REGULATIONS
117.43 ACCEPTANCE, DISCHARGE OF PASSENGERS............................................................................9
117.44 SIGNED RECEIPT TO PASSENGER UPON REQUEST..................................................................9
117.45 REFUSAL OF PASSENGER.TO PAY FARE ........ :............................ ........... ..................................... 9
117.46 DAILY MANIFEST TO BE KEPT.......................................................................................................9
117.47 ADVERTISING...................................................................................................................................9
117.48 ENFORCEMENT ............... ................. ....................... ........ :.................................... ............ ................ 10
117.49-117.59 RESERVED.. ......................................................................................................................I.....10
ARTICLE V LIMOUSINE SERVICE
117.60 DEFINITION.......................................................................................................................................10
117.61 LICENSE REQUIRED; FEE...............................................................................................................10
117.62 RESERVED........................................................................................................................................10
117.63 LIABILITY INSURANCE....................................................................................................................10
117.64-117.74 RESERVED........................................................................................................I....................10 •
ARTICLE VI RENT -A -CAR SERVICE
117.76 DEFINITION.......................................................................................................................................10
117.76 LICENSE REQUIRED; TAX...............................................................................................................10
117.77 INSURANCE OR CASH DEPOSIT REQUIRED................................................................................11
117.78-117.79 RESERVED.............................................................................................................................11
ARTICLE VII NONMOTORIZED PASSENGER TRANSPORT VEHICLES
117.80 DEFINITIONS.....................................................................................................................................11
117.81 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY......................................................11
117.82 ROUTE APPROVAL..........................................................................................................................12
117.83 NONMOTORIZED PASSENGER TRANSPORT VEHICLE DRIVERS PERMIT...............................13
117.84 DISPLAY OF PERMIT.......................................................................................................................A3
117.85 INSURANCE REQUIREMENTS........................................................................................................13
117.86 CONDUCT OF DRIVERS AND HANDLERS .............
.............. ............................ ..&....... ............. ...... P14
CD117:2 •
•
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TITLE XI BUSINESS REGULATIONS
117.87 HORSES, VEHICLES AND EQUIPMENT........................................................................
117.88 TRANSFER OF CERTIFICATE........................................................................................
117.89 LICENSE FEES.................................................................................................................
117.90 SUSPENSION, REVOCATION OF CERTIFICATE..........................................................
117.91 A.D.A. COMPLIANCE.......................................................................................................
117.92 AUTHORITY TO SUMMON VETERINARIAN..................................................................
117.93-117.98 RESERVED............................................................................................................
117.99 PENALTY..........................................................................................................................
• CD117:3
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TITLE XI BUSINESS REGULATIONS
CD117:4
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•
• 1 --... - .. -- --- .
• )
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CHAPTER 117: VEHICLE -RELATED BUSINESSES
ARTICLE I
REPAIR SHOPS AND WRECKER
SERVICES
117.01 Definitions
For the purpose of this article, the following definitions
shall apply unless the context clearly indicates or
requires a different meaning.
Motor vehicle. Every self-propelled device in, upon
or by which any person or property is or may be
transported or drawn over public streets and highways,
except devices used exclusively upon stationary mils or
tracks. .'Motor vehicle' shall include, but shall not be
limited to, automobiles, trucks, tractors, motorcycles,
implements of husbandry, or buses.
Motor vehicle repair shop. Any business where
motor vehicles are repaired for a charge and any place
- where the work of repairing motor vehicles is carried on
as an incident to the business of selling new or used
motor vehicles, or new or used motor vehicle parts, or
as an incident to any other traffic in motor vehicles or
their parts or equipment.
Motor vehicle wrecker service. Any business
which, as a part of its operation, tows disabled motor
vehicles for a charge.
Repair work on motor vehicles. Any work on the
premises of a motorvehicle repair shop which requires
direct or indirect physical contact with a motor vehicle
or part thereof.
(Code 1965, §13C-1; Ord. No. 2190, 1-20-76; Code 1991,
§117.01)
117.02 Storage Of Wrecked Vehicle
(A) No person in charge of or in control of a motor
vehicle repair shop, or a motor vehicle wrecker
service, whether as owner, lessee, tenant,
occupant or otherwise, shall allow any partially
dismantled, nonoperable or wrecked motor vehicle
to be stored on the premises longer than 10 days,
unless said motor vehicle is stored in an enclosed
building or is stored behind a six -fool fence
constructed of such material that the motor vehicle
is not readily visible by motorists or pedestrians. A
six-foot view -obscuring fence may be constructed
in accordance with this section, notwithstanding
any provision of the city's zoning code (Chapter
160).
(B) No person in charge of, or in control of, a motor
vehicle repair shop, or a motor vehicle wrecker
CD117:5
service, whether as owner, lessee, tenant,
occupant or otherwise, shall allow any partially
dismantled, nonoperable or wrecked motor vehicle
to be stored within 50 feet of a public street right-
of-way; provided, if a building structure is lawfully
located closer than 50 feet from the street right-of-
way, no partially dismantled, nonoperable or
wrecked motor vehicle shall be stored closer to the
street right-of-way than the wall of the building.
(Code 1965, §§13C-2, 13G3; Ord. No. 2190. 1-2-76; Ord. No.
2196, 2-17-76; code 1991, §117.02)
117.03-117.09 Reserved
ARTICLE II
USED CAR SALES
117.10 Report To Police Department
Required
All automobile dealers in the city are required to furnish
to the police deparbnent a list of all used cars sold by
the dealer, setting forth such information as is
prescribed by the police department.
(Code 1965, §19-6; Ord. No. 1447, 6-7-65; Code 1991.
§117.10)
117.11-117.19 Reserved
ARTICLE III
REPEALED
117.20-117.29 Reserved
ARTICLE IV
TAXICABS
117.30 Definitions
For the purpose of this article, the following definitions
shall apply unless the context clearly indicates or
requires a different meaning.
Certificate. A Certificate of Public Convenience
and Necessity issued by the Public Transit Board,
authorizing the holder thereof to conduct a taxicab
business in the city.
Driver's permit. The permission granted by the
Chief of Police to a person to drive a taxicab upon the
streets of the city.
Holder. A person to whom a Certificate of Public
Convenience and Necessity has been issued.
DRAFT
TITLE XI BUSINESS REGULATIONS •
Manifest. A daily record prepared by a taxicab'
driver and/or taxicab company of all trips made by (2) The financial status of the applicant, including
company vehicles showing time and place of origin, the financial status of the officers and
destination, number of passengers, and the amount of stockholders of the company, if incorporated, -
fare of each trip. including the amount of all unpaid judgments
against the applicant (officers and
Person. Includes an individual, a corporation, or stockholders of the company, if incorporated),
other legal entity, a partnership, and any and the nature of the transaction or acts giving
unincorporated association. rise to said judgments,
Rate card. A card issued by the city for display in (3) The experience of the applicant including all
each taxicab which contains the rates of fare then in officers and stockholders of the company, if
force. incorporated, in the transportation of
passengers,
Taxicab. A motor vehicle regularly engaged in the
business of carrying passengers for hire, having a (4) Any facts which the applicant believes tend to
seating capacity of less than 12 persons and not prove that public convenience and necessity
operated on a fixed route. This tern shall not include require the granting of a certificate,
any vehicle operated exclusively for airport limousine .
service under §§117.60 through 117.64 of this chapter. (5) The number of vehicles to be available for
operation or controlled by the applicant and
Waiting time. The time when a taxicab is not in the location of proposed depots and terminals,
motion from the time of acceptance of a passenger or
passengers to the time of discharge, but does not (6) .The color scheme or insignia to be used to
include any time that the taxicab is not in motion if due designate the vehicle or vehicles of the
to any cause other than the request, act, or fault of a applicant,
passenger or passengers.
(7) The hours between which the applicant
(Code 1966, Sec. 20-16; Ord. No. 1910, 4-3-73; Code 1991. proposes to provide taxicab service to the ,
§117.30) general public, and the days, if any, on which
the applicant does not propose to provide
117.31 Reserved - taxicab service to the general public, and
Cross mference(s)—Public Transit Board,§33.320. (8) The rate schedule which the applicant
proposes to use to charge passengers.
117.32 Certificate Of Public Convenience
shall
And Necessity Required; Issuance (C) fix a time
a and place
an efor public hearinghe city theerk eon.
fix a time and place for a public hearing thereon.
Procedure Notice of such hearing shall be given to the
applicant and to all persons to whom Certificates of
(A) No person shall operate or permit a taxicab owned, Public Convenience and Necessity have been
leased or controlled by him to be operated as a theretofore issued. Any interested person may file
vehicle for hire upon the streets of the city without with the City Clerk a memorandum in support of or
having first obtained a Certificate of Public disposition to the issuance of a certificate.
Convenience and Necessity from the Fayetteville
Public Transit Board. (D) Findings of the Public Transit Board.
(B) An application for a certificate shall be filed with the _ (1) If the Public Transit Board finds that further
mayor upon forms provided by the city, and said taxicab service in the city is required by the
application shall be verified under oath and shall public convenience and necessity and that the
furnish the following information. applicant is fit, willing, and able to perform
such public transportation and to conform to
(1) The name and address of the applicant, the provisions of this subchapter, then the city
including the name and address of all officers clerk shall issue a certificate stating the name
and stockholders of the company, if and address of the applicant, the number of
incorporated, and the name of the person to vehicles authorized under the certificate and
whom complaints should be directed, the date of issuance; otherwise, the
application shall be denied.
(2) The Public Transit Board shall deny any1
CD117:6
•
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TITLE XI BUSINESS REGULATIONS
application in which the proposed hours of
service or the proposed rate schedule are
found to be unreasonable to meet the public
need. 117.36 Suspension, Revocation Of
Certificate
(3) In making the above findings, the Public
Transit Board shall take into consideration the (A) A certificate issued under the provisions of this
number of taxicabs already in operation, article may be revoked or suspended by the Public
whether existing transportation is adequate to Transit Board if the holder thereof has (1) violated
meet the public need, the probable effect of any of the provisions of this article, (2)
increased service on local traffic conditions, discontinued operations for more than 20 days, (3)
and the character, experience, and violated any ordinances of the city, or the laws,
responsibility of the applicant. federal or state, the violations of which. reflect
unfavorably on the fitness of the holder to offer
(Code 1965, §§20-17-20-20; Ord. No. 1910, 4-3-73; Ord. No. public transportation.
2716, 4-21-81; Code 1991, §117.32)
(B) Prior to suspension or revocation, the holder shall
117.33 Liability Insurance be given notice of the proposed action to be taken
No Certificate of Public Convenience and Necessity and shall have an opportunity to be heard.
shall be issued or continued in operation unless there is
in full force and effect automobile liability insurance for (Code 1965, §20-24; Ord. No. 1910, 4-3-73; Ord. No. 2716, 4-
each vehicle. The insurance shall have limits of not 21-81; Code 1991, §117.36)
less than $25,000.00 for personal injury to, or death of,
any one person in any one accident, and liability limits 117.37 Taxicab Driver's Permit Required;
of $50,000.00 for personal injury to, or death of, two or Issuance Procedure; Fee
more persons in any one accident, and $25,000.00 for
injury to or destruction of property or others in any one (A) No person shall operate a taxicab for hire upon the
accident. The insurance shall be maintained with an streets of the city and no person who owns or
• 1 insurance company authorized to do business in the controls a taxicab shall permit it to be so driven,
state. A certificate evidencing such insurance shall be and no taxicab licensed by the city shall be so
filed with the finance director. driven at anytime for hire, unless the driver of said
taxicab shall have first obtained and shall have
(Code 1965, §20-21; Ord. No. 1910, 4-3-73; Ord. No.3038, 10- then in force a taxicab driver's permit issued under
2-84; Code 1991, §117.33) the provisions of this subchapter.
117.34 License Fees (B) Application required.
No certificate shall be issued or continued in operation
unless the holder thereof has paid an annual license (1) An application for a taxicab driver's permit
fee of $100.00 for the right to engage in the taxicab shall be filed with the chief of police on forms
business and $3.00 each year for each vehicle provided by the city, and such application shall
operated under a certificate of public convenience and be verified under oath and shall contain the
necessity. The license fees shall be for the calendar following information:
year and shall be in addition to any other license fees or
charges established by proper authority and applicable (a) The names and addresses of four
to the holder or the vehicle or vehicles under his residents of county, who have known the
operation and control, applicant for a period of one year and
(Code 1965, §20-22; Ord. No. 1910, 43who will vouch for the sobriety, honesty,
§117.34) 9 73; Code 1991, and general good character of the
applicant.
117.35 Transfer Of Certificate (b) A concise history of his employment.
No Certificate of Public Convenience and Necessity
may be sold, assigned, mortgaged, or otherwise (2) Each application shall be accompanied by a
transferred without the consent of the Public Transit certificate from a reputable physician of the
Board. city certifying that, in his opinion, the applicant
is not infected with any disease or infirmity
(Code 1965. §20-23; Ord. No. 1910, 4-3-73; Code 1991, which might make him an unsafe or
§117.35) g
unsatisfactory driver. At the time the
• _ application is filed, the applicant shall pay to
CD117:7
DRAFT
TITLE XI BUSINESS REGULATIONS
the city controller the sum of $2.00. The chief of police is hereby given the authority to
suspend any drivers permit issued under this article for
(C) Before any application is finally passed upon by a drivers failure or refusal to complywith the provisions
the chief of police, the applicant shall be required of this article, such suspension to last for a period of not
to pass a satisfactory examination as to his more than ten days. The chief of police is also given
knowledge of locations in the city or ability to find authority to revoke any driver's permit for failure to
locations using a current city map and to show that comply with the provisions of this article. However, a
he has a current motor vehicle's chauffeurs for hire permit may not be suspended or revoked unless the
permit issued by the state. driver has received notice and has had an opportunity
to present evidence in his behalf.
(D) The police department shall conduct an
investigation of each applicant for a taxicab drivers
permit, and a report of such investigation and a
copy of the traffic and police record of the
applicant, if any, shall be attached to the
application for the consideration of the chief of
police.
(E) The chief of police shall, upon consideration of the
application and the reports and certificate required
to be attached thereto, approve or reject the
application. If the application is rejected, the
applicant may request a personal appearance
before- the mayor to offer evidence why his
application should be reconsidered.
(F) Form and term of permit.
(1) Upon approval of an application for a taxicab
drivers permit, the chief of police shall issue a
permit to the applicant which shall bear the
name, address, age, signature and
photograph of the applicant.
(2) Such permit shall be in effect for the
remainder of the calendar year. A permit for
every calendar year thereafter shall be issued
upon the payment of $2.00 unless the permit
for the preceding year has been revoked.
(G) When a drivers permit is issued, the application
and supporting information shall be returned to the
certificate holder to be held by the certificate holder
so long as the driver is employed by the certificate
holder.
(Code 1965, §§20-25-20-31; Ord. No. 1910, 4-3-73; Code
1991, §117.37)
117.38 Display Of Permit
Every permitter under this article shall post his driver's
permit in such a place as to be in full view of all
passengers while the driver is operating a taxicab, and
the permit shall be illuminated when necessary for
viewing.
(Code 1965, §20-32; Ord. No. 1916, 4-3-73; Code 1991,
§117.313)
(Code 1965, §2033; Ord. No. 1910, 4-3-73; Code 1991,
§117.39)
117.40 Failure To Comply With
Applicable Law
Every driver licensed under this article shall comply with
all city, state, and federal laws. Failure to do so will
justify the chief of police in instituting proceedings for
revocation of the permit.
(Code 1965. §20-33.1; Ord. No. 1910, 4-3-73; Code 1991,
§117.40)
117.41 Vehicles To Be Kept Safe
And Sanitary
Every vehicle operating under this article shall be
vacuumed or swept out at least daily and exterior shall
be washed at least once each week. Vehicles
operating under this article shall be subject to a
thorough examination and inspection by the police
department and must comply with such reasonable
rules and regulations as may be prescribed by the Chief
of Police. These rules and regulations shall be
promulgated to provide safe transportation and shall
specify such safety equipment and regulatory devices
as the Chief of Police shall determine necessary.
(Code 1965. §20-33.2; Ord. No. 1910, 4-3-73; Ord. No. 1916, 4-
17-73; Code 1991, §117.41)
117.42 Designation Of Vehicle As
Taxicab By Insignia Or The Like
No vehicle covered by the terms of this article shall be
licensed whose color scheme, identifying design,
monogram, or insignia to be used thereon shall, in the
opinion of the chief of police, conflict with or imitate any
color scheme, identifying design, monogram or insignia
used on a vehicle or vehicles already operating under
this article, in such a manner as to be misleading or
tend to deceive or defraud the public; and provided
further, that if, after a licensehas been issued for a
taxicab hereunder, the color scheme, identifying design,
monogram or insignia is used by any other person,
owner or operator, in such a manner as to be
misleading or tend to deceive the public, the license of
or certificate covering such taxicab or taxicabs shall be
suspended or revoked.
117.39 Suspension, Revocation Of Permit
CD117:8
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TITLE XI BUSINESS REGULATIONS
(Code 1965, §20-33.3; Ord. No. 1910, 4-3-73; Ord. No. 2527, 5.
1-79; Code 1991, §117 42)
117.43 Acceptance, Discharge Of
Passengers
(A) Duties of Drivers.
(1) Restriction on number of passengers. No
drivers shall permit more persons to be carried
in a taxicab as passengers than the rated
seating capacity of this taxicab as defined by
the vehicle manufacturer. A child under six
years of age shall not be counted as a
passenger when accompanied by an adult.
(2) Refusal to carry orderly passengers
prohibited. No driver shall refuse or neglect to
convey any orderly person or persons, or any
person or persons accompanied by a seeing
eye dog, or a seeing eye dog upon request,
unless unable or forbidden by the provisions
of this article to do so; provided, it shall not be
unlawful for a driver to refuse or neglect to
convey any passenger who. has previously
refused or failed to pay a legal fare as
provided in this article.
(3) Prohibitions of drivers. It shall be a violation of
this article for any driver of a taxicab to solicit
business for any hotel or motel, or to attempt
to divert patronage from one hotel or motel to
another. Neither shall such driver engage in
selling intoxicating liquors or use his vehicle
for any illegal purpose.
,(4) Passengers without fare prohibited. No driver
shall permit any person to be carded in a
taxicab as a passenger without payment of the
legal fare mentioned in this article while a fare -
paying passenger is also being carried in the
cab.
(B) 'Shared Ride" vs. 'Exclusive Ride.' All persons
engaged in the taxicab business in the city,
operating under the provisions of this article, shall
render an overall service to the public desiring to
use taxicabs. Such service maybe a "shared ride"
taxicab system where the consent of passengers is
not needed to pick up or discharge additional
passengers, nor to choose the route taken by the
vehicle; or, such service may be an "exclusive ride'
taxicab system providing door-to-door service in
which the party hiring the vehicle has exclusive use
of the vehicle and may direct the vehicle's route
and destination.
CD117:9
(C) Response to calls. Holders of Cerfificatesof Public
Convenience and Necessity shall answer all calls
received by them during the hours of operation
specified on the holder's application for services
inside the corporate limits of the city as soon as
they can do so; and, if said services cannot be
rendered within a reasonable time, they shall then
notify the prospective passengers how long it will
be before the call can be answered and give the
reason for the delay. Any holder who shall refuse
to accept a call anywhere in the corporate limits of
the city at any time when such holder has available
cabs shall be deemed in violation of this article.
Any vehicle operated under the provisions of this
article shall be equipped with snow tires or chains
when required by weather conditions.
(Code 1965, §§20-33.7, 20-33.8; Ord. No. 1910, 4-3.73; Ord.
No. 2302, 1-4-77: Ord. No. 2601, 2-1 "0; Ord. No. 2716, 4-21-
81; Code 1991, §117.43)
117.44 Signed Receipt To Passenger
Upon Request
The driver of any taxicab shall, upon demand by the
passenger, render to such passenger a signed receipt
for the amount charged, either by a mechanicalty
printed receipt or by. a specially prepared receipt on
which shall be the name of the taxicab company, the
number of the taxicab, amount of charges, and date
and time of transaction.
(Code 1965, §20-33.5; Ord. No. 1910, 4-3-73; Code 1991.
§117.44)
117.45 Refusal Of Passenger To Pay Fare
It shall be unlawful for any person to refuse to pay the
legal fare of any of the vehicles mentioned in this article
after having hired the same, and it shall be unlawful for
any person to hire any vehicle herein defined with intent
to defraud the person from whom it is hired of the value
of such service.
(Code 1965, §20-33.6; Ord. No. 1910, 4-3-73; Code 1991,
§117.45)
117.46 Daily Manifest To Be Kept
Every company shall maintain a daily manifest upon
which are recorded all trips made each day, showing
the time and place of origin and destination of each trip
and amount of fare. The forms for each manifest shall
be of a character approved by the chief of police.
(Code 1965, §20-33.9; Ord. No. 1910.4-3-73; Ord. No. 2527, 5-
1-79: Code 1991, §117.46)
117.47 Advertising
(A) Subject to the restrictions provided herein, it shall
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TITLE XI BUSINESS REGULATIONS
be lawful for any person owning or operating a each passenger vehicle used on the streets of the city,
taxicab,bus,van, or motor vehicle for hire to permit and furnishing such service, for the privilege of
advertising matter to be affixed or installed in or on engaging in such business. The fee shall be paid on or
such taxicab, bus, van, or motor vehicle for hire. before January 1 st of each year.
The advertising shall not in any way obstruct the
vision of the driver of the vehicle. Advertising on a (Code 1965, §20-35; Ord. No. 1080, 4-4-55; Ord. No. 2099, 4-
taxicab shall be limited to one sign located on the 15-75; Code 1991, §117.61)
rear of the vehicle which sign shall not exceed nine
square feet in area. Advertising on a bus or van 117.62 Reserved
shall be limited to one sign on each side of the
vehicle and one sign on the rear of the vehicle,
none of which signs shall exceed 12 square feet in
area.
(B) It shall be unlawful for any person to display on any
taxicab, bus, van, or motor vehicle for hire any
advertisement of tobacco products, alcoholic
beverages, x-rated motion pictures, or any
advertisement that is false, misleading, or
deceptive.
(Code 1965, §20-33.10; Ord. No. 1910, 4-3-73; Ord. No. 2750,
818-81; Code 1991, §117.47)
117.48 Enforcement
The police department is hereby given the authority and
is instructed to watch and observe the conduct of
holders and drivers operating under this article. Upon
discovering a violation of the provisions of this article,
the police department shall report the same to the city
attorney, who will order or take appropriate action.
(Code 1965, §20-33.11; Ord. No. 1910, 4-3-73; Code 1991,
§117.48)
117.49-117.59 Reserved
ARTICLE V
LIMOUSINE SERVICE
117.60 Definition
For the purpose of this article, the following definition
shall apply unless the context clearly indicates or
requires a different meaning.
Limousine service. Transportation service over the
streets of the city, in a type of automobile commonly
referred to as a limousine and having a manufacturers
seating capacity of at least six persons, including the
driver.
(Code 1965, §20-34; Ord. No. 1080, 44-56; Ord. No. 2099, 4-
15.75; Code 1991, §117.60)
117.61 License Required; Fee
It is hereby declared to be a privilege for any person to
furnish limousine service, and no person shall engage
in such undertaking without first paying to the city an
annual license fee of $25.00, plus $5.00 annually for
(Code 1965, §20-36; Ord. No. 1080, 4-4-55; Ord. No. 2099, 4-
15-75; Ord. No. 2660. 9-18-80; Ord. No. 3037, 10-2-84; Ord.
No. 3234, 12-16-86; Ord. No. 4003, §11 10-1-96; Code 1991,
§117.62)
117.63 Liability Insurance
No person shall furnish limousine service unless and
until such person has filed with the finance director a
copy of a motor vehicle liability insurance policy issued
by an insurance company authorized to do business in
the state, providing limits of not less than $25,000.00
for personal injury to, or death of, any one person in
any one accident, liability limits of $50,000.00 for
personal injury to, or death of, two or more persons in
any one accident, and $25,000.00 for injury to or
destruction of property of others in any one accident.
(Code 1965, §20-38; Ord. No. 1080, 4-4-55; Ord. No. 2099, 4-
15-75; Ord. No. 3037, 10-2-84)
117.64-117.74 Reserved
ARTICLE VI
RENT -A -CAR SERVICE
117.75 Definition
For the purpose of this article, the following definition
shall apply unless the context clearly indicates or
-requires a different meaning. -
Renter -car service. The furnishing of rent -a -car
service in the city whereby -an automobile is rented for
the exclusive use of a person for an indefinite period of
time at a rate established by both the mileage traveled
and length of time the automobile is so rented.
(Code 1965, §20-50; Ord. No. 1261, 4-10-61; Code 1991,
§117.75)
117.76 License Required; Tax
It is hereby declared to be a privilege for any person to
furnish rent-acar service in the city, and no person
shall engage in such undertaking without first paying to
the city a license lax of $200.00 per year. Such tax
shall be paid on or before January 1st of each year.
(Code 1965, §20-51; Ord. No. 1261, 4-10-61;Ord. No- 2842,8-
3-82; Code 1991, §117.76)
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117.77 Insurance Or Cash Deposit
Required
(A) No person shall furnish rent -a -car service unless
and until such person has furnished and filed with
the City Accounting Department, an insurance
policy written by an insurance company authorized
to do business in the state, which policy shall bind
the insurance company writing same to indemnify,
up to the amount of $20,000.00, any. person
suffering any personal injury or property damage
from the negligent or otherwise faulty operation of
such rent -a -car service.
(B) In lieu of furnishing the above insurance, a person
operating a rent-acar service may give to the city a
statement or other satisfactory assurance that
there has been deposited in any city bank the sum
of $20,000.00 in cash, which shall be available at
all times for the payment of any damage lawfully
assessed against any such person, from the
operation of such rent -a -car service.
(Code 1965, §2452; Oro. No. 1261. 4-10-61; Code 1991,
§117.77)
117.78-117.79 Reserved
ARTICLE VII
NONMOTORIZED PASSENGER
TRANSPORT VEHICLES*
117.80 Definitions
For the purposes of this article, the following words and
terns have the meaning ascribed thereto:
Driver. An individual who operates a nonmotorized
passenger transport vehicle.
Handler. An individual who leads and controls a
pony working as a part of a nonmotorized passenger
transport service.
Holder. A person who is granted Certificate of
Public Convenience and Necessity under this article to
provide nonmotorized passenger transport service in
the city.
Horse. Any member of the family 'Equidae'
perissodactyl ungulate mammals containing a single
genus equus, including but not limited to horses, asses,
jacks, jennies, hennies, mules, donkeys, burros,
ponies, and zebras.
Nonmotorized passenger transport vehicle.
Example: a horse-drawn carriage.
Nonmotorized passenger transport service. The
CD117:11
business of offering or providing transportation of
persons for hire, either in a nonmotorized transport
vehicle or on horseback, when:
(1) A driver or handler is furnished as part of the
service; and
(2) The service is offered only in accordance
with a pre -approved route.
Nonmotorized passenger transport vehicle
drivers permit. A permit issued to an individual by the
chief of police to operate a nonmotorized passenger
transport vehicle or hire in the city.
Operate. To drive or be in physical control of a
nonmotorized passenger transport vehicle.
Permittee. An individual who has been issued a
nonmotorized passenger transport vehicle driver's
permit under this article.
Person. An individual, corporation, governmental
subdivision or an agency, trust, partnership, or two or
more persons having a common economic interest
Preapproved route. Nonmotorized passenger
transport service operating on a predetermined
schedule with fixed pickup and destination points
located on a route approved by and on file with the
traffic superintendent.
(Ord. No. 3931, §2, 10-3-95; Ord. No. 4396,§1, Ex. A, 5-21-02;
Code 1991, §117.80)
117.81 Certificate Of Public Convenience
And Necessity
(A) No person shall operate a nonmotorized
passenger transport service within the city without
first obtaining a current Certificate of Public
Convenience and Necessity from the Public Transit
Board established by § 33.320 of the Code of
Fayetteville.
(B) To obtain a Certificate of Public Convenience and
Necessity for a nonmotorized passenger transport
service, a person who owns, controls or operates a
proposed nonmotorized passenger transport
service, must submit a proposal which shall be
verified and contain the following information:
(1) A statement of the type of nonmotorized
passenger transport service for which
application is made;
(2) The form of business of the applicant; if the
business is a corporation or association, a
copy of the documents establishing the
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TITLE XI BUSINESS REGULATIONS
business, and the name and address of each (4) Number and description of all nonmotorized
person with a direct interest in the business: passenger transport vehicles to be used,
where applicable;
(3) The name, address, and verified signature of (5) Number and description of all horses to be
the applicant; used;
(4) A description of any past business experience
of the applicant, particularly in providing
passenger transportation service;
(5) The number and description of vehicles the
applicant proposes to use in the operation of
the service including year, make, model,
manufacturers rated seating capacity, and
state license registration number for each
vehicle;
(6) The number of horses the applicant proposed
to use in the operation of the service with a
description, including age, color, and breed or
photograph; and a state certificate of
veterinarian inspection of each horse;
(7) A description of the proposed service,
including routes, rates or fares to be charged,
and schedules, where applicable;
(8), Documentary evidence from an insurance
company indicating a willingness to provide
liability insurance as required by this chapter.
(9) Such additional information as the applicant
desires to include to aid in the determination
of whether the requested operating authority
should be granted; and,
(10)Such additional informationas may be
determined to be necessary to assist or
promote the implementation orenforcement of
this ordinance, or the protection of the public
safety.
(C) In deciding whether to issue or deny an application
for a Certificate of Public Convenience and
Necessity to operate a nonmotorized passenger
transport service, the Public Transit Board shall
consider, but not be limited to, the following:
(1) Whether thepublic convenience and
necessity requires the proposed service;
(6) If nonmotorized passenger transport vehicles
are employed, the number of passengers that
may be safely transported in each vehicle
based on the size of the vehicle and the type
of horse pulling it;
(7) Customers to be served;
(8) Places for loading or unloading passengers;
(9) Hours of operation;
(10) Schedules and routes to be followed;
(11) Rates to be charged;
(12) The use of special safety equipment.
(13)The use of the special sanitary devices and
special care procedures for horses; and
(14) Special conditions or limitations.
(D) The Public Transit Board shall issue a Certificate of
Public Convenience and Necessity to the
applicant, if it is determined that:
(1) The applicant has complied with all
requirements for issuance of the certificate;
(2) That public convenience and necessity require
the operation of the proposed service; and
(3) The applicant has not made a false statement
as to a material matter in an application for a
certificate.
(E) If the Public Transit Board determines that the
requirements set forth above have not been met,
the Public Transit Board shall deny the certificate.
(Ord. No. 3931. §4,10-3-95; Ord. No. 4396, §t, Ex. A, 5-21-02;
Code 1991, §117.81)
(2) Whether the applicant has complied with all 117.82 Route Approval
requirements of this ordinance for providing
the service applied for; (A) All routes shall be approved by the city's traffic
(3) The current safety record of the applicant, and superintendent.
the previous safety record, if the applicant has (B) Holders shall submit to the city's traffic
operated a nonmotorized passenger transport superintendent all requests for temporary changes
service in the past. in authorized routes, hours of operation, or for
participation in special events such as festivals,
CD117:12
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'i TITLE XI BUSINESS REGULATIONS
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parades or weddings, not less than three days
before the effective dale of the change or event.
(Ord. No. 3931, §5, 10-3-95; Ord. No. 4396, §t, Ex. A, 5-21-02)
117.83 Nonmotorized Passenger
Transport Vehicle Drivers Permit
(A) No person shall operate a nonmotorized
passenger transport vehicle for hire upon the
streets of the city, and no person who owns or
controls a nonmotorized passenger transport
vehicle shall permit it to be so operated, and no
nonmotorized passenger transport vehicle licensed
by the city shall be so operated at any time for hire,
unless the driver of said vehicle shall have first
obtained and shall have then in force a
nonmotorized passenger transport vehicle drivers
permit issued under the provisions of this article.
(B) Drivers Permit Required.
(1) An application for a nonmotorized passenger
transport vehicle drivers permit shall be filed
with the chief of police on forms provided by
the city and such application shall be verified
under oath and shall contain the following
information:
(a) The names and addresses of four (4)
residents of the county, who have known
the applicant for a period of one year and
who will vouch for the sobriety, honesty,
and general good character of the
applicant; and
(b) A concise history of his/her employment;
permit to the applicant, which shall bear the
name, address, age, signature, and
photograph of the applicant.
(2) Such permit shall be in effect for the
remainder of the year. A permit for every
calendar year thereafter shall be issued upon
the payment of $2.00 unless the permit for the
preceding year has been revoked.
(F) When a drivers permit is issued, the application
and supporting information shall be returned to the
holder of the Certificate of Public Convenience and
Necessity to be held by the certificate holder so
long as the driver is employed by the certificate
holder.
(Ord. No. 3931, §5.10-3-95; Ord. No. 4396, §1, Ex A, 5-21-02:
Code 1991, §117.83)
117.84 Display Of Permit
Every permittee under this article shall post his or her
drivers permit in such a place as to be in full view of all
passengers while the driver is operating a
nonmotorized passenger transport vehicle.
(Ord. No. 3931, §6, 10-3-95; Ord. No. 4396, §1, Ex A. 5-21-02;
Code 1991, §117.114)
117.85 Insurance Requirements
(A)
(C) The police department shall conduct an
investigation of each applicant for a nonmotorized
passenger transport vehicle drivers permit, and a
report of such investigation with a copy of the
traffic and police record of the applicant, if any,
shall be attached to - the application for the
consideration of the chief of police. (B)
(D) The chief of police shall, upon consideration of the
application and the reports required to be attached
thereto, approve or reject the application. If the
application is rejected, the applicant may request a
Personal appearance before the mayor to offer
evidence why his/her application should be
reconsidered.
(E) Form and term of permit.
A holder shall procure and keep in full force and
effect commercial general liability insurance written
by an insurance company approved by the State of
Arkansas and acceptable to the city and issued in
the standard form approved by the State Board of
Insurance. All provisions of the policy must be
acceptable to the city. The insured provisions of
the policy must name the city as additional insured
and the coverage provisions must provide
coverage for any loss or damage that may arise to
any person or property by reason of the operation
of a nonmotorized passenger transport service by
the holder.
The commercial general liability insurance must
provide combined single limits of liability for bodily
Injury and property damage of not less than
$1,000,000.00 for each occurrence, or the
equivalent, and include coverage for premises
operations, independent contractors, products,
completed operations, personal injury, contractual
liability, and medical payments. Coverage for
medical payments must include a minimum limit
$5,000.00 per person. Aggregate limits of liability
are prohibited.
(1) Upon approval of an application for a (C) Insurance required under this section must include:
nonmotorized passenger transport vehicle
driver's permit, the chief ofpolice shall issue a (1) A cancellation provision in which the
• CD117:13
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TITLE XI BUSINESS REGULATIONS
insurance company is required to notify the enclosure;
city in writing not fewer than 30 days before
canceling, failing to renew, or making a (G) Pick up all horse droppings immediately with
material change to the insurance policy; and, appropriate equipment.
(2) A provision to cover all horses and vehicles, (Ord. No. 3931, §8, 10-3-95; Ord. No. 4396, Ex. A. 5-21-02;
whether owned or not owned by the holder, Code 1991, §117.86)
operated under the holders Certificate of
Public Convenience and Necessity. 117.87 Horses, Vehicles And Equipment
(D) No insurance required by this section may be
obtained from an assigned risk pool.
(E) A Certificate of Public Convenience and Necessity
Wit not be granted and renewed unless the
applicant or holder furnishes the city with such
proof of insurance as the city considers necessary
to determine whether the applicant or holder is
adequately insured under this section.
(F) If the insurance of the holder lapses or is canceled
and new insurance is not obtained, the Certificate
of Public Convenience and Necessity shall be
suspended until insurance coverage required by
this section has been obtained. A person shall not
operate a nonmotorized passenger transport
service while the certificate is suspended under
this section.
(G) The holder shall provide adequate employers
liability insurance forthe employees as provided by
law.
(Ord. No. 3931, §7,10-3-95; Ord. No. 4396, §1, Ex. A, 5-21-02;
Code 1991, §117.85)
117.86 Conduct Of Drivers And Handlers
Drivers and handlers shall at all times:
(A) Act in a reasonable, prudent, and courteous
manner;
(B) Maintain a sanitary and well-groomed appearance;
(C) Not inhale or consume any alcoholic beverage,
drug, or other substance that could adversely
affect his or her ability to operate a nonmotorized
passenger transport vehicle, or handle a horse.
(D) Not permit a person other than another employee
of the nonmotorized passenger transport service to
operate a vehicle or handle a horse under. his or
her control.
(E) Not permit any person on the back of a horse while
it is pulling a nonmotorized passenger transport
vehicle.
(A) Horses.
(F) Not leave a horse untethered and unattended
except _when confined to a stable or other
CD117:14
(1) Before any horse may be used in a
nonmotorized passenger transport service, the
holder must furnish the animal services
director with:
(a) A State Certificate of Veterinarian
Inspection with a photograph or drawing
of the horse showing identifying markings
of the horse and showing that the horse
has been examined at least once within
the preceding three months by a
veterinarian licensed by the State of
Arkansas who specializes in equine
medicine; and,
(b) An equine vaccination certificate from a
licensed veterinarian showing proof that -
the horse has had tetanus, rabies, and
Eastern -Western encephalitis vac-
cinations; further, proof of a negative
Coggins Test must be submitted
annually.
(2) A horse used in a nonmotorized passenger
transport service must
(a) Be appropriately shod to work on paved
streets; if a horse loses a shoe while
working, an "easy" type boot may be used
to finish the scheduled work day;
(b) Not have any open wound, oozing sore,
cut below skin level or bleeding wound;
(c) Not have evidence of lameness, such as,
but not .limited to, head bobbing or
irregular rhythm.
(d) Be offered not less than five gallons of
drinking water at least every two hours;
(a) Have at least a 10 minute rest period
after every 50 minutes worked;
(f) Not work longer than six hours in a 24-
hour period with a minimum of 12 hours
of rest;
1
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(g) Have the appropriate bridle, bit, halter, or
harness equipment properly fitted and in
good repair with no deficiencies that
could reasonably be deemed a safety
hazard;
(h) Be properly cleaned with no offensive
odors or caked dirt or mud;
(i) Not work when the outside temperature
exceeds 90 degrees Fahrenheit, or the
thermal heat index exceeds 110; and,
(j) Be examined at least once every three
months by a veterinarian licensed by the
State of Arkansas who specializes In
equine medicine and receive a State
Certificate of Veterinarian Inspection,
which must be submitted to the animal
services director.
(3) The animal services director may require a
holder, driver, or handler to remove from
service any pony that appears to be ill,
overtired, undernourished, overloaded, injured
or lame, or whose health or life, in the opinion
of a veterinarian or qualified equine animal
services officer, is in imminent danger. To
reinstate a horse removed from service, the
horse must be re-examined and a new Stale
Certificate of Veterinarian Inspection must be
submitted to the animal control officer.
(4) For purposes of this section, a horse is
considered to be working any time it is on the
public street or sidewalk, or other public fghl-
of-way, during any hour of operation of the
nonmotorized passengertransport service that
is authorized by and on file with the traffic
superintendent.
(B) Vehicle inspection and maintenance. Eachvehide
shall comply with all the safety requirements
imposed by all state, federal or local laws
applicable to the vehicle involved.
(C) Required equipment.
(1) Nonmotorized passenger transport vehicles.
(a) A holder or driver shall, at all times,
provide and maintain in good operating
condition the following equipment for
each nonmotorized passenger transport
vehicle:
(i) Headlights;
(ii) Taillights;
(III) Flashing lights;
(iv) Approved braking system;
(v) Rubber on all wheels;
(vi) A "slow moving vehicle' sign
attached to the rear of the vehicle;
(vii) Evidence of insurance;
(viii)A copy of this article
(2). Helmets. Unless the operator, holder, or
handier of a horse or pony ride keeps all of its
mounted horses or ponies adequately and
safely tethered to a ring apparatus, the
operator, holder or handler shall ensure that
every rider wears a bicycle -type safety helmet
while riding on horseback.
(Ord. No. 3931, §9, 10.3-95; Ord. No. 4396, Ex. A, 5-21-02;
Code 1991, §117.87; Ord. 4497 06-17-03)
117.88 Transfer Of Certificate
No Certificate of Public Convenience and Necessity
may be sold, assigned, mortgaged, or otherwise
transferred without the consent of the Public Transit
Board.
(Ord. No. 3931, §10, 10-3-95; Ord. No. 4396, Ex, A, 5-21-02;
Code 1991. §117.88)
117.89 License Fees
No certificate shall be issued or continued in operation
unless the holder thereof has paid annual license fee of
$250.00 for the right to operate a nonmotorized
passenger transport service under a Certificate of
Public Convenience and Necessity. The license fees
shall be for the calendar year and shall be in addition to
any other license fees or charges established by proper
authority and applicable to -the holder.
(Ord. No. 3931, §11, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02;
Code 1991. §117.89)
117.90 Suspension, Revocation Of
Certificate
(A) A certificate issued under the provisions of this
article may be revoked or suspended by the Public
Transit Board if the holder thereof has:
40 CD117:15
(1) Violated any of the provisions of this article;
(2) Violated any ordinances of the city, or the
laws, federal or state, the violations of which
reflect unfavorably on the fitness of the holder
DRAFT
TITLE XI BUSINESS REGULATIONS
to offer public transportation. §117.99)
(B) Prior to suspension or revocation, the holder shall
be given notice of the proposed action to be taken
and shall have an opportunity to be heard.
(Ord. No. 3931, §12, 10-3-95; Ord. No. 4396, Ex. A. 5-21-02)
117.91 A.D.A. Compliance
Holder shall comply with all applicable provisions of the
Americans with Disabilities Act.
(Ord. No. 3931, §13, 10-3-95; Ord. No. 4396, Ex. A. 5-21-02;
Code 1991, §117.91)
117.92 Authority To Summon
Veterinarian
The police department is hereby authorized to
immediately summon the City Veterinarian (or other
licensed veterinarian, as available) if at any time an
officer reasonably believes a horse to be ill, overtired,
undernourished, overloaded, injured or lame, or
whose health or life may otherwise be in imminent
danger.
(Ord. No. 3931, §14, 10-3-95; Ord. No. 4396, Ex. A, 5-2"2;
Code 1991, §117.92) 1
1
117.93-117.98 Reserved
117.99 Penalty
(A) Violation of any provision of this chapter for which
another penalty is not already otherwise provided,
shall subject the person in violation to the penalty
provisions of §10.99.
(B) Any person violating any of the provisions of
§117.30 through §117.48 shall be deemed guilty of
a misdemeanor and upon conviction thereof shall
be fined not exceeding $25.00. Each occurrence
and each day's continuance shall be considered a
separate offense.
(C) Any person who violates any provision of §117.60
through §117.64 shall, upon conviction, be
punishable by a fine of $25.00. Each day's
violation shall be deemed a separate offense and
punishable by a fine of $15.00 per day. In addition,
the city shall have the right to revoke the license
required by §117.61 for any person who violates
any provision of §§117.60 through 117.64.
(D) Any person who shall violate any of the provisions
of §117.75 through §117.77 shall, upon conviction,
be punishable by a fine of not less than $5.00 nor
more than $250.00.
(Code 1965, §20-53; Ord. No. 1261, 4-10-61; Code 1991,
CD117:16
•
•
ARTICLE I GENERAL PROVISIONS
130.01 ADOPTION OF STATE CRIMINAL CODE BY REFERENCE.........................................................3
130.02-130.14 RESERVED................................................................................................................:..........3
ARTICLE II OFFENSES AGAINST PUBLIC ORDER AND SAFETY
130.15 FALSE FIRE ALARMS BY 9.1.1 CALLS AND OTHER EMERGENCY CALLS .............................3
130.16
FALSE BOMB REPORTS.
3
130.17
DISCHARGE OF FIREARMS PROHIBITED; EXCEPTIONS..........................................................3
130.18
AIR, SPRING OR BB GUNS............................................................................................................4
130.19
UNLAWFUL AS SEMBLIES................................:............................................................................4
130.20
PICKETING OF RESIDENCES PROHIBITED................................................................................4
130.21
BARBED WIRE FENCES..
4
130.22
MULTIPLE FALSE FIRE ALARMS; FEES......................................................................................4
130.23-130.34 RESERVED...........................................................................................................................4
ARTICLE III OFFENSES AGAINST PROPERTY
130.35
DAMAGING OR DEFACING PROPERTY.......................................................................................4
130.36
UNLAWFUL ENTRY UPON RAILROAD TRAINS...........................................................................4
130.37
FAILURE TO RETURN LIBRARY BOOK AND PROPERTY...................._....................................5
130.38
USE OF CITY FLAG........................................................................................................................5
130.39
GRAFFITI.........................................................................................................................................5
130.40-130.98 RESERVED...........................................................................................................................6
130.99
PENALTY ................................
`
CD130:1
IDRAFT
TITLE XIII GENERAL OFFENSES
CD130:2
•
•
•
EDIRAFnT
TITLE XIII GENERAL OFFENSES
CHAPTER 130 OFFENSES AGAINST MUNICIPAL REGULATIONS
ARTICLE I
GENERAL PROVISIONS
130.01 Adoption Of State Criminal Code
By Reference
Those portions of the Arkansas Criminal Code, as said
code was enacted or may hereafter be amended,
setting forth offenses which constitute misdemeanors or
violations and which prescribe penalties for such
offenses are hereby adopted as a part of this Code as if
set out fully herein; provided, no fine in excess of that
authorized by said Arkansas Criminal Code shall be
inflicted.
(Ord. No. 2192. 2-3-76; Code 1991, §130.01)
State law reference(s)—State law to be followed, A.C.A.
§14-55-502.
130.02-130.14 Reserved
ARTICLE II
OFFENSES AGAINST
PUBLIC ORDER AND SAFETY
130.15 False Fire Alarms By 9-1-1 Calls
And Other Emergency Calls
It shall be unlawful for any person to make or give any
false alarm of fire, false 911 calls, or any false calls
requiring emergency. response. In addition to any
penalty imposed for the violation of this section any
person convicted of such a violation shall be liable for
the cost incurred by the city in answering any false fire
alarm.
(Code 1965. §9-15; Code 1991, §130.15)
Cross reference(s)-Penally,§130.99.
130.16 False Bomb Reports
It shall be unlawful for any person to knowingly give or
make to any city department, officer, or employee, or to
any other person, any false report as to the location or
existence of any bomb or other explosive device or
material in or at any building or other premises within
the city. In addition to any penalty imposed for the
violation of this section, the person responsible forsuch
violation shall be liable to the city for any cost incurred
in investigating such false report.
(Code 1965, §13-6; Code 1991, §130.16)
Cross reference(s)—Penalty, §13o.99.
)
• CD130:3
130.17 Discharge Of Firearms Prohibited;
Exceptions
(A) It shall be unlawful for any person to discharge any
pistol, rifle, gun, or other firearm within the city.
This section shall not apply to any law enforcement
officer in the discharge of his official duties,
firearms qualification at the police pistol/rifle range,
and practice at same with official permission.
(B) This section shall not apply to the firing of rifles and
pistols by members of organized rifle or pistol dubs
or associations provided the following conditions
are met:
(1) All firing of rifles and pistols shall be on an
indoor range, which facility shall first be
approved in writing by the chief of police, or at
the police department's outdoor range.
(2) One or more certified instructors, as may be
reasonably necessary for safe operation of
such range, shall be present at all times
during operation of the range and firing of
rifles or pistols. Instructors shall be currently
certified either by a branch of the armed
forces of the United States or by a recognized,
accredited, national rifle or pistol association.
(3) The organized rifle or pistol dub or association
shall keep and maintain at all times in full
force and effect a policy of public liability
insurance issued by an insurance company
authorized to do business in the state, insuring
against bodily injury, death and property
damage in minimum limits of $20,000.00 per
person, and $50,000.00 per accident for death
and bodily injury, and $10,000.00 for property
damage. Current certificates of insurance
evidencing such coverage will be provided to
the chief of police.
(4) The location and operation of such rifle or
pistol ranges shall at all times be consistent
with the zoning ordinances of the city, and
shall be conducted in such a manner as not to
constitute a disturbance of the public peace.
(Code 1965, §13-7; Ord. No. 17; Ord. No. 1620, 9-3-66; Code
1991, §130.17)
Cross reference(s)-Penalty,§130.99-
i
DRAFT
TITLE XIII GENERAL OFFENSES
130.18 Air, Spring Or BB Guns
It shall be unlawful for any person to discharge or cause
to be discharged, so as to cause damage to real or
personal property, any air rifle, spring gun, BB gun, or
air gun within the corporate limits of the city.
(Code 1965, §13-5; Ord. No. 1016, 2-11-52; Code 1991,
§130.18)
Cross reference(s)-Penalty, §130.99.
130.19 Unlawful Assemblies
It shall be unlawful for persons to assemble or collect in
bodies or crowds on the sidewalks or in the streets or
alleys of the city in such a manner as to obstruct the
same. It shall likewise be unlawful for any person to
employ any device, noise, or performance tending to
the collection of persons on the streets or sidewalks in
such manner as to obstruct the same.
(Code 1965, §18-6; Ord. No. 67; Ord. No. 179; Code 1991,
§130.19)
Cross reference(s)-Penalty, §130.99.
130.20 Picketing Of Residences
Prohibited
It shall be unlawful for any person to picket before or
about a residence which is located in a residential area
and used exclusively for residential purposes.
(Code 1965, §13-15; Ord. No. 3125,9-17-85;Ord. No. 3293,9-
15-87; Code 1991, §130.20)
Cross reference(s)—Penalty, §130.99.
130.21 Barbed Wire Fences
It shall be unlawful for any person to build or maintain a
barbed wire fence in such a manner that said fence
poses a hazard to pedestrian traffic. Forthepurposeof
this section, "barbed wire fence" shall mean a fence
any portion of which consists of barbed wire.
(Code 1965, §18-8; Ord. No. 191; Ord. No. 2835, 7-20-82;
Code 1991. §13021)
Cross references) --Penalty, §130.99.
130.22 Multiple False Fire Alarms; Fees
(A) Any person, firm or corporation having a fire alarm,
smoke detector or other type of alarm, and which
alarm has a direct or indirect connection which
calls for a response from the fire department shall
be charged a fee as follows for multiple false fire
alarms responded to by the fire department within
a calendar year.
(1) For each response after the sixth response in
any calendar year $50.00; and
(2) For each response after the tenth response in
any calendar year $100.00.
(B) Definitions. For the purpose of this section, the
following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Multiple false fire alarm. A false fire alarm calling
for a response from the fire department occurring on
more than six occasions within a calendar year.
False fire alarm. An alarm calling for a response
from the fire department which is malicious, caused by
a malfunction of the alarm device or system or an alarm
transmitted due to negligence or carelessness of any
person, firm or corporation or their employees or agents
having such an alarm. .
(Ord. No. 3526, 12-18-90; Code 1991, §130.22)
130.23-130.34 Reserved
ARTICLE III
OFFENSES AGAINST PROPERTY
130.35 Damaging Or Defacing Property
It shall be unlawful for any person to cut, write upon,
deface, disfigure, destroy, _ mutilate, or otherwise
damage any building, fence, sign, billboard, wire, pole,
or any other property belonging to another, whether
such property is public or private.
(Code 1965, §13A; Ord. No. 17; Ord. No. 99; Ord. No. 146;
Ord. No. 241; Code 1991, §130.35)
Cross reference(s)-Penalty, §130.99.
130.36 Unlawful Entry Upon Railroad
Trains
It shall be unlawful for.any person who is not a regular
passenger or employeeof a railroad company to enter
upon a railroad traih, engine, or caboose or to hang or
swing thereto with his hands or to hold on to any such
train, engine or caboose when the same is in motion
within the city.
(Code 1965, §13-9; Ord. No. 26; Code 1991, §130.36)
Cross reference(s)-Penalty, §130.99.
CD130:4 •
•
• .i
DRAFT
TITLE XIII GENERAL OFFENSES
130.37 Failure To Return Library Book
And Property
(A) It shall be unlawful for any person to injure, or to
fail to return to the public library of the city, after
written demand therefor mailed to the last known
address of such person, any book, periodical, or
property belonging to said library. Said written
demand shall state that demand is being made
pursuant to the authority contained in this section,
and that failure to return the book, periodical or
property specified within 10 days from the date
shown on said written demand shall be considered
a violation of this section resulting in prosecution
thereof.
(B) Nothing herein shall be construed as in any way
affecting or terminating the system of civil fines and
administrative sanctions now or hereafter
employed by said library in connection with its
program of lending books, periodicals, and other
property, but shall be supplementary thereto.
(Code 1965. §13-7.1; Ord. No. 1527, 1-16-67; Code 1991,
§130.37)
Cross reference(s}-Penalty,§130.99.
130.38 Use Of City Flag
(A) It shall be unlawful for any person to place or
cause to be placed upon the official city flag
advertising material of any nature whatsoever.
(B) It shall be unlawful for any person to sell, offer for
sale, or have in his possession an official city flag
on which is placed advertising material of any
nature whatsoever.
(Code 1965, §13-11; Ord. No. 2273, 9-7-76; Code 1991.
§130.38)
Cross references}Penalty, §130.99.
130.39 Graffiti
(A) Definition. For purposes of this section, the term
"graffiti" shall mean any inscription, word, figure,
design, symbol or insignia which is marked,
etched, scratched, drawn, painted or otherwise
affixed to or placed upon public or private property
located within the city to the extent that the same
was not authorized in advance by the owner.
(B) Unlawful to apply graffiti; penalty. It shall be
unlawful for any person to apply graffiti upon any
public and privately owned structure located on
public or privately owned real property within the
CD130:5
city, and any person who is found guilty of affixing
graffiti to private or public property shall be
punished by a fine of not more than $500.00, or by
imprisonment for not more than 90 days, or by both
such fine and imprisonment. Nothing contained
herein shall prevent the city from pursuing any
other remedy available for redress of any damage
or injury caused by the action of any such person.
(Ord. No. 3818, §§1, 2, 8-2-94: Code 1991. §130.39)
130.40-130.98 Reserved
130.99 Penalty
(A) Whoever violates any provision of this chapter for
which another penalty has not been provided, shall
be fined not more than $500.00 or double that sum
for each repetition of each offense or violation.
(B) Any person violating the provisions of §130.37
shall upon conviction of same be guilty of a
misdemeanor, and shall be fined in an amount not
less than $25.00 nor more than $100.00.
(C) Any person violating a provision of §130.38 shall
be punished by a fine of not more than $100.00.
(Code 1965, §§13-7.1,13.11; Ord. No. 1527.1-16-67; Ord. No.
2273. 9-7-76; Code 1991, §130.99)
ADITION
Arkmsas
DemocratN V" ► ►
AFFIDAVIT OF PUBLICATION
I, do solemnly swear that I am
Lega Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
0I t_t,YYZno0 was inserted in the regular editions on
7-N-1 I -
Po# D/4-320
**Publication Charge: $ l aD. c3
Subscribed and sworn, to before me this
day of Auy , 2004.
z�:1—�acl�cl�l
Notary Public
My Commission Expires: Oi/o1 /ao13
*' Please do
not
pay
from Affidavit.
An
invoice
will
be
sent.
ENotary
fcial Seel RECEIVED
ICHAEL ARGO
Pu
GTON COUNTYAUG 16 ���
n Expires 07-25.2013 CITY OF FAYETTEVILLE
C^' CLERK'S OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700
F THE CITY OF
I THE REPE4L
I THEREIN, IXCI
PROVIDING FOf
R ONDAIN® BY 1"a cnv coumm Or Tile CRY Oa PAY6}Yey� AaKARaAat
e new arq the Cade Ortlinercgyl FaYettadOe,unB of T7tles I to XIIII hqusNe, le has
q' atlaPted and &laetetl
oagWal mnprehens'ye Ordinance whin sha�s arltl si1eA be boated and oonsWerad as
abinen 2 e eof. by the City Coundl prior to the Percetle ell other goneol end permanent
Section 2 hereof. The IMIAetl Devolopmer Code. bPpted June 3, 9d Ito tho avtent govldetl In
and thereafter, shaf const4we nuo kV of tt, 8'e of Faya June.' roVI on Juy f, od In
the Code Cotla aril al o of the Cana shatl be h hd farce and efool torn and after thi eeeceye date of
ued h fame by rafaraxa ethe°efh hahO¢, and riot noticed In the CodeaI, madgloyffe, enacted on anal
Passage Prior to Me
except as harehefternaNdad.Noasshereby ofrpeed � and after the allea0pgte teof me endr�
the City. not spacgray' merrtbned. E hereby mPeeled..
Section 3. That the repa" provided for h Soctlon 2 fowl Waal not aflett arty of the Wsow¢y; i
a) ArTy offers"a or Mt 00annatted Or done
b) t� ��Or a�ng ang othe r g a9aadys date Or Of the Codanaty e t�at� � °` er7' mrtoct Or right i
Me
Issuance of any bony Of the Oty or an evidence o�ent of money for Me Clly, or euAlodzing mp Any correct or odlgaUw assumed by the City. tyb indebtedness. I
Arty right or franchlaw ammo w.,_ ..
Arty ordbtence t or PaWW way In the City. . lo�thg, oloratlng, °Ferias Paring, wWenhg or I ing to any �Stw, esar
Ordhance creetlartion
o *P0r yd g Cay� of taxes, app�p gtp a ann calfif bud Any zolft rohlebB e�ndt �Iarldmetthee VrerBIP. �
Aand appoy$tg reAsed zorig maps. arttl a',diltarKes emergbtp the 1
10 The zo eg map or
I) AnyadrNrmell%, ed D.,Wp w CC,oaas�dMsm h the Oty, t t
i ordinance or mWuaon not h l_O g or lnaphasterrt vAM the
The repeal M Weer for h Section 2 hereof Provisions Ot the Code. 1
I Met has been repealed by a,subseyuera. ooinenca Pon" Is repealed by b, o�rdll'ranr» or Part there.
ny And
and ate � UOn W Me aCiry Cq nbl to rases y g toe a Coco when_Psasetl in such a fban to PMatea hltha rMa m •r• _._. _ fit
1. That
hdfbe-omnaeothe Code Wall baoan. kept an me in Me omce of the Oty Dark pm
a Shel 0e ayadade 1 eAOther f pereang �' Clerk may, oarader moat expedient. These.
the Codaas Me
Cam' hose or sorlleorg a ins k1tw o him ioawer h tivk e. It aced be the a+yress
wMa hd Code
al the visphen a/ Ma City C tMOI to mated plaOes eA amarto
res"Mea from the Sarre
ttevWo Code sho IS ell a dup oru' t Oh may be fmm tlmme p t a a Part of the
>s. Placed upon the Otyo wabste far immadeo ad
rapnsue le bvA�
APPHGKo MIS 3rd day of August. 2004.