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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of this ordinance, and not included in the Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of the Code, except as hereinafter:provided. No Resolution of the City, not specifically mentioned, is hereby repealed.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 CD10:1 D RAFT TITLE I GENERAL PROVISIONS _ • CD10:2 • • • 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. • • 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 0 I DRAFT TITLE III ADMINISTRATION CD31:2 • • • 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 � J • • 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 • • '� CD32:1 DRAFT CD32:2 • A • DRAFT .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 • • • 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 E RAFT 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 • [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, CD33:10 • • DRAFTI TITLE III ADMINISTRATION §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 CD33:11 • D RAFT 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) CD33:12 • • 0 DRAFT TITLE III ADMINISTRATION 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 DRAFTU 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 [DRAFT 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; DRAFT 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) CD33:16 33.212-33.225 Reserved •) 0 [DERAFT1 TITLE III ADMINISTRATION 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 r� MEM 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 0 •) ERAFT 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 DRAFTU 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. r • • 0 • 0 EDIRAFT t-AYL I I I:VJLLI: (;QDI: Of ORDlj 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 0 DRAFT 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 DRAFIJ TITLE III ADMINISTRATION CD34:2 • • 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 • • •. 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 r1 J • 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 DRAFT TITLE III ADMINISTRATION r L_J CD35:2 • ED IRA FIT] TITLE III ADMINISTRATION 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 • ) CD35:3 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 E DRAFT TITLE III ADMINISTRATION 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 CD35:4 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. i • DRAFT 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 E DRAFT TITLE III ADMINISTRATION 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. CD35:6 • �[DER; A F 1 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 • ) • ,l CD36:1 3 3 �3 DRAF T TITLE III ADMINISTRATION • l CD36:2 . LDIRAFn TITLE III ADMINISTRATION 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 • I CD36:3 o 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 • DRAFIJ TITLE III ADMINISTRATION • CD37:2 E TITLE III ADMINISTRATION 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 CD37:3 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 • • • DRAFT ;Mffiv Ry I I.M. i P. Wil TFTLE III�CDM INI�STTt10Nc 38.01 ESTABLISHMENT .............. 38.02 DISTRICT JUDGE ............... 38.03 CLERK OF COURT ............. 38.04 COURT COSTS ................... 38.05-38.99 RESERVED ................. • .) • CD38:1 ........................... 3 .....................3 DRAFT TITLE III ADMINISTRATION _0 CD38:2 E RAFT TITLE III ADMINISTRATION 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) CD38:3 • • DRAFT � ARTICLE I MUNICIPAL IMPROVEMENT DISTRICTS 39.01 FILING PETITION; ORGANIZATION REQUIREMENTS.....................................................3 39.02-39.99 RESERVED.................................................................................................................3 CD39:1 DRA wrm FT TITLE III ADMINISTRATION • CD39:2 • • IDRAFIT TITLE III ADMINISTRATION 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. • CD39:3 (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 • I D RA F T ��° " ,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 CD50:1 � DRAFT 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 CD50:2 • ERAFT 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, CD50:3 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 • 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 • • 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) DRAFT 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 • • • 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 • • • DRAFT 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 DRAFT 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. • ERAFT 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 • DRAFT 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 • DRAFT 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 DRAFT 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 CD51:20 �� • • • KDFRAFT TITLE V PUBLIC WORKS 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 P DRAFT 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 11 • DRAFT 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, DRAFT 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 • i • • DRAFTI 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 I DRAFT 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 • E RAFT 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 • • E RAFT 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. • 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 11 DRAFT 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 • • Is ' DRAFT 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 • .0 • • • DRAFT 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 • DRAFT 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 `• • • • • ERAFT 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. • ) • • 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. - DRAFT ;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 • • 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 } • • • i • 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. D RAFT 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 • • s • KDFR AFT 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 i FBI,M 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 • • • DRAFT 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) DRAFT 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) M L • • DRAFT 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. CD70:11 0 DRAFT 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) Ul 1 CD70:12 • • • [DEFRAFT]� 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 5 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 CD71:1 p DRAFT 0 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 • � DRAFT � 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 1 • CD71:3 • r �i • • JDRAFT 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 • 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 DRAFT 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 • • • • • JDRAFT UUE OF TITLE VII TRAFFIC CODE 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 DRAFT 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• • • • DRAFT 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. DRAFT 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 • • E RAFT 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, 0 DRAFT FAYETIEVILLE CODE OF ORDINA 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 0 • • • DRAFT TITLE VII TRAFFIC CODE 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 DRAFT 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 • • � IDRAFT ANCE 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 0 DRAFT 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 i • • • • E RAFT 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. DRAFT 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 • • • DRAFT 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 • E 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 CD72:2 J • 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 DRAFT 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. DRAFT 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 DRAFT 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 • i • • • JDRA FT 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 • • • KDR AFT 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 DRAFT 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 • • • • i • DRAFT 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 -. • ED RAFT 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 . __ DRAFT 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 I • CD73:1 DRAFT TITLE VII TRAFFIC CODE CD73:2 • • • ,i • JDRAFT TITLE VII TRAFFIC CODE 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) DRAFT 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 0 • • D RAFT 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............ • • I CD74:1 DRAFIJ TITLE VII TRAFFIC CODE CD74:2 DRAFT 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 • IDRAFT] 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 L • • 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 E DRAFT TITLE IX GENERAL REGULATIONS CD90:2 • • • J • • EDIRAFT] TITLE IX GENERAL REGULATIONS 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 •1 DRAFT • .: p-k „K �'��,. - , >IT�E�IXGENERAL�REG_UU�=�I 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 • • CD91:1 [DRAFT] TITLE IX GENERAL REGULATIONS • CD91:2 CI • DRAFT TITLE IX GENERAL REGULATIONS 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 DRAFT 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 r1 • i DRAFT TITLE IX GENERAL REGULATIONS 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. E DRAFT 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) U i • • E RAFT TITLE IX GENERAL REGULATIONS 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. DRAFT 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 • �J •, j • DRAFT 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 DRAFT 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) • DRAFT 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......................................................... CD93:1 • DRAFT TITLE IX GENERAL REGULATIONS CD932 • • ) • -] E TITLE IX GENERAL REGULATIONS 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 r1 CD93:4 • CI 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 DRAFT TITLE IX GENERAL REGULATIONS • CD94:2 • • E 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 • n u DRAFT 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 • ERAFT 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 DRAFT 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. • I�• [DP:RAFTI 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) •CD94:7 • • F) DRAFT 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 . ................. ....................... .....`. CD95:1 DRAFIJ • TITLE IX GENERAL REGULATIONS j 1 L_J CD95:2 • • E RAFT 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 0 a m� - ..too .. _ .. 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. r L_J DRAFT] 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 • • DRAFT 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 JDRAF T TITLE IX GENERAL REGULATIONS �• i CD96:2�• _' • • DRAFT 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 DRAFT 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 • E RAFT 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 Ll I� I 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 • FDi RAF flE IO 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. • 0 t • F ES TITLA • (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 • CD97:6 r -I L-J 0 ..) • I EDO E F A O J proper v time. (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 .0 • 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 DRAFT 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 • KDFR AFT 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 EDRAFn • 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 _.: DRAF !Tj 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 • DRAFT 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 $500.00 for each and every State law references}Liquor manufacturing permit, manufacturing plant. A.C.A. §3-4-602; Beer manufacturing permit, taxes, ACA. §3-5-205; Rectifiers generally, ACA §3-4-603. (b) For the manufacturing and sale of vinous (except wine) liquors, the annual 111.41-111.99 Reserved • :� CD111:11 DRAFT } mmy.�APTERJ112,�AMU$EMENTS 112.01 CARNIVALS.....................................................................................................................................3 112.02 OBSCENE MATERIALS.............................................................................................................3 112.03-112.98 RESERVED.....................................................................................................................:.....3 112.99 PENALTY.........................................................................................................................................3 • CD112:1 EDFR AFT TITLE XI BUSINESS REGULATIONS CD112:2 0 • • E RAFT TITLE XI BUSINESS REGULATIONS 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 • DRAFT CD113:1 • 114.01 DRIVE-IN RESTAURANTS 114.02 FARMER'S MARKET......... 114.03-114.98 RESERVED ............ 114.99 PENALTY ........................... DRAFT CD114:1 ........................ 3 ........................ 3 .......................... 4 ...I.....0..............0. 4 DRAFT TITLE XI BUSINESS REGULATIONS CD114:2 1 • • E RAFT TITLE XI BUSINESS REGULATIONS 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 DRAFTI 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 JDRAF T TITLE XI BUSINESS REGULATIONS E CD715:2 • E RAFT 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 DRAFT 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 • DRAFT • '� 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 � DRAFT TITLE A BUSINESS CD116:2 [Dq:RAFnT } 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 • ) CD116:3 DRAFT 0 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 DRAFT 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 • • E RAFT 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 s DRAFT TITLE XI BUSINESS REGULATIONS CD117:4 i • • 1 --... - .. -- --- . • ) • DRAFT 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 • IDRAFT 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 �J • r� EDIRAFTn 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 DRAFT 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) CD117:10 • • • • KDFR A F Tfl TITLE XI BUSINESS REGULATIONS 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 DRAFT 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 • DRAFT 'i TITLE XI BUSINESS REGULATIONS • % 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 DRAFT 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 • DRAFT (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.