HomeMy WebLinkAbout2011-03-22 - Agendas - Final Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
e�lle Ward 1 Position 2—Brenda ion
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw
Ward 2 Position 2—Matthew Petry
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
March 22, 2011
A special meeting of the Fayetteville City Council will be held on March 22, 2011 at 4:30 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
A. New Business:
1. Amend §113.02 & §113.03: An ordinance to amend §113.02 Regulations To Abate
Nuisance, and §113.03 Jurisdiction of This Ordinance of the Fayetteville Code and to
declare an emergency.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5393
Announcements
Adjournment: 4:55 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. If you wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to spear
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72
hour advance notice is required. For further information or to request an interpreter,please
call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
City Council Meeting: March 22,2011 Adjourn: C45
Subject: Roll
Adams
Lewis
Gray
Thiel
Kinion
Petty
Tennant
Ferrell
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Adams
Lewis
Gray
Thiel
Kinion
Petty
Tennant
Ferrell
Mayor Jordan
City Council Meeting: March 22,2011
Subject: Amend 113.02 & §113.03
Motion To:
�/id Red
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Motion By: P
Seconded: c�ILcJis �� ��Q
A. 1 Adams
New Lewis ✓ ✓ �f
Business Gray i/ ✓ i/
Thiel �✓
Kinion ✓ ✓ ✓
1� Petty
Jb ✓ ✓ ✓
Tennant L� S eA+- 1U.5eA4- WSePA4- v f
Ferrell ✓
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Adams
Lewis
Gray
Thiel
Kinion
Petty
Tennant
Ferrell
Mayor Jordan
aye Lvia Departmental Correspondence
LIL
LEGAL
• • DEPARTMENT
Kit Williams
TO: Lioneld Jordan, Mayor CityAttorney
Jason B.Kelley
Assistant City Attorney
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City AttorneyC �—
DATE: March 23, 2011
RE: Ordinance prepared by the City Attorney's Office and
passed at the Special City Council meeting of March 22, 2011
1. Amendment to §113.02 and §113.03 of Fayetteville Code: An ordinance to
amend §113.02 Regulations To Abate Nuisance and §113.03 Jurisdiction Of This
Ordinance of the Fayetteville Code and to declare an emergency.
Aldermen
Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray
Taye
e�lle Ward 1 Position 2—Brenda ion
City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw
Ward 2 Position 2—Matthew Petty
City Clerk Sondra Smith Ward 3 Position l—Justin Tennant
ARKANSAS Ward 3 Position 2—Robert Ferrell
Ward 4 Position 1 —Rhonda Adams
Ward 4 Position 2—Sarah E.Lewis
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
March 22, 2011
A special meeting of the Fayetteville City Council will be held on March 22, 2011 at 4:30 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
A. New Business:
1. Amend §113.02 & §113.03: An ordinance to amend §113.02 Regulations To Abate
Nuisance, and §113.03 Jurisdiction of This Ordinance of the Fayetteville Code and to
declare an emergency.
Announcements
Adjournment
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
NOTICE TO MEMBERS OF THE AUDIENCE
All interested parties may appear and be heard before the City Council. Ifyou wish to address
the City Council on an agenda item please queue behind the podium when the Chair asks for
public comment. Once the chair recognizes you, go to the podium and give your name and
address. Address your comments to the Chair, who is the presiding officer. The Chair will
direct your comments to the appropriate elected official, staff member or others for response.
Please keep your comments brief, to the point and relevant to the agenda item being
considered so that everyone has a chance to spear
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72
hour advance notice is required. For further information or to request an interpreter,please
call 575-8330.
As a courtesy please turn off all cell phones and pagers.
A copy of the City Council agenda is available at accessfayetteville.org or in the office of the
City Clerk, 113 West Mountain, Fayetteville,Arkansas.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org
Telecommunications Device for the Deaf TDD/TTY(479)521-1316
AGENDA REQUEST A. 1
Amend§113.02&§113.03
_. . .. _. . Page 1.of 12
FOR: SPECIAL CITY COUNCIL MEETING OF MARCH 22, 2011
FROM: KIT WILLIAMS, City Attorney
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend §113.02 Regulations To Abate Nuisance, And §113.03
Jurisdiction Of This Ordinance Of The Fayetteville Code And To Declare An
Emergency
APPROVED FOR AGENDA:
(Z:o� �f�'a z► � 7� � 1
City Attorney Date
L
Chief of Staff Date
!
V yor Date
03-21-11A10: 14 RCVD
cdj
aP LeV191P A nd§ 3.02&§113.03
�/ 1 1VPa 2 YDepartmental CorrespondenceNSASLEGAL
www.accessfayetteville.org DEPARTMENT
Kit Williams
City Attorney
TO: Mayor Jordan Basun B.Kelley3' Assistant City Attorney
City Council
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Kit Williams, City Attorney .�C A �-
DATE: March 18, 2011
RE: Amendment of Rock Quarry Operating License Article
I recommend immediately amending the Rock Quarry Operating License
Article of the Fayetteville Code to maintain the operation and effectiveness of the
Rock Quarry Operating License Article to any rock quarry that is now or may in
the future operate within the Fayetteville city limits. Although the Arkansas
Attorney General and the State Court (which confirmed the legality of the Motor
Vehicle Racing Facility Ordinance) determined that the City Council had statutory
power to cause a nuisance on the doorstep (within one mile) of the city limits to be
abated, the Federal Courts have questioned this statutory power unless the City
first sues the business.
By passing these amendments at the Special City Council Meeting called by
Mayor Jordan and passing the Emergency Clause, this Rock Quarry Operating
License Article will immediately be amended to remove the only parts of the
Rock Quarry Operating License Article which were questioned in this litigation.
In fact, since the Rogers Group, Inc. only operates a rock quarry beyond the city
limits, it cannot complain about an ordinance which affects only rock quarries
inside the city limits. Amending a challenged ordinance is what the City Council
did in 2002 when the City Council promptly amended the Fayetteville Sign
Ordinance to ensure its continued constitutionality after it had been fully examined
during the Federal Court case.
A. 1
Amend§113.02&§113.03
_... Page 3 of 12..
ORDINANCE NO.
AN ORDINANCE TO AMEND §113.02 REGULATIONS TO ABATE
NUISANCE, AND §113.03 JURISDICTION OF THIS ORDINANCE OF
THE FAYETTEVILLE CODE AND TO DECLARE AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends
§113.02 Regulations To Abate Nuisance (B) Operation of Rock Quarry by repealing and
deleting the following language "or within one mile beyond the city limits of Fayetteville" from
both subsections (1)and (2).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§113.02 Regulations To Abate Nuisance (C) Dust, Mud and Rock Control Measures by
repealing and deleting the following language "or within one mile beyond the city limits of
Fayetteville" and by repealing and deleting subsections (2), (4) and (5) and renumbering
subsection(3) as (2).
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends
§113.02(D)(2) by repealing the first sentence of this subsection. Attached as Exhibit A is
§113.02 as amended.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends
§113.03 Jurisdiction of This Ordinance by repealing and deleting this section in its entirety
and enacting the following replacement §113.03 Jurisdiction of the Rock Quarry Operating
License Article.
"§113.03 Jurisdiction of the Rock Quarry Operating License
Article. The Jurisdiction of The Rock Quarry Operating License
Article shall be applicable to any and all rock quarries located within
the corporate limits of Fayetteville."
A. 1
Amend§113.02&§113.03
Page 4 o 12
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby determines
that to ensure the validity and operation of the Rock Quarry Operating License Article of the
Fayetteville Code within the city limits of Fayetteville which is necessary to preserve the public
health, peace and safety of Fayetteville citizens, this ordinance needs to take effect immediately.
Therefore the City Council of the City of Fayetteville hereby declares that an emergency exists
and that this ordinance shall be in full force and effect from the date of its passage and approval.
PASSED and APPROVED this 22nd day of March, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
A. 1
Amend§113.02&§113.03
Page 5 of 12.
CHAPTER 113: ROCK QUARRIES AND DIRT MINING FACILITIES
ARTICLE I major noise producing activities shall occur
ROCK QUARRY OPERATING LICENSE before 8:30 a.m. or after 4:30 p.m. on a
weekday or anytime on Saturday or Sunday.
113.02 Regulations TO Abate NUI58nCe No rock quarry shall be allowed to operate
9 on a federally recognized holiday or Sunday.
(A) Rock Blasting/Use of Explosives. (2) All rock quarries within the city limits of
Fayetteville shall be prohibited from any
(1) No rock blasting shall be allowed within 60 operations until the owner/operator of such
yards of any house within the city limits of quarry has obtained a valid, annual Rock
Fayetteville. Quarry Operating License. This license to
operate shall be issued by the Fayetteville
(2) No rock blasting explosive charge or location Planning Department on a fiscal year(July 1
shall exceed the most restrictive limitations through June 30) schedule with no fee
within federal, state and Washington County assessed.
regulations or laws.
(C) Dust, Mud and Rock Control Measures. All rock
(3) All rock blasting within the permitted quarry quarries within the city limits of Fayetteville shall
shall only be allowed between the hours of only be allowed to operate with the following
10:00 a.m. and 3:00 p.m. on the first and safeguards and measures to ensure that dust,
third Wednesday of each month unless such dirt, mud, loose rock and gravel, and all other
Wednesday is a federal or city holiday. If possible irritants or nuisance substances do not
such Wednesday is a holiday, the permitted adversely affect Fayetteville residents. It is the
blasting day will be moved to the next day express continuing duty of the licensed rock
(Thursday). if the permitted blasting day quarry operator to ensure all of these safeguards,
would be unsafe or not feasible or practical requirements and measures are constantly
because of inclement weather or other enforced.
condition beyond the reasonable control of
the quarry operator, the Director of (1) Dust control measures. Water or other
Development Services may designate substances or measures must be fully
another weekday during the next five effective during the operation of the rock
weekdays as a permitted blast day. quarry to ensure the quarry is in full and
continual compliance with the requirements
(4) Upon timely request by the rock quarry of the Arkansas Water and Air Pollution
operator, the Director of Development Control Act as administered by the Arkansas
Services or designee is empowered to grant Department of Environmental Quality. A
a variance of the time limitations for rock violation of the permit conditions required by
blasting if inclement weather or other the Arkansas Department of Environmental
condition beyond the reasonable control of Quality can be grounds for a suspension or
the operator has caused a safety issue that revocation of the City's Rock Quarry
requires rock blasting outside the 10:00 a.m. Operating License. (See§133.05)
until 3:00 p.m. permitted period. Re-
notification is not required unless the blasting
is moved to another day. (2) Loose rock and gravel. The rock quarry
operator is responsible to ensure that all
(5) The rock quarry operator shall notify by dump trucks leaving the rock quarry site that
telephone the Director of Development may utilize any city street and are carrying
Services and any Fayetteville neighbor more than half a truck load of gravel, rocks
within a mile of his quarry who has or dirt have their load fully and properly
requested such notification at least two covered.
hours prior to rock blasting.
(D) Control of Dump Truck Tailgate Banging.
(B) Operation of Rock Quarry.
(1) It is the express duty of the rock quarry
(1) All rock quarries within the city limits of operator to prevent a dump truck delivering
Fayetteville shall only be allowed to anything to the quarry or receiving rock from
operate during the period of 7:00 a.m. until the quarry to engage in Dump Truck Tailgate
6:00 p.m. Monday through Friday, and Banging as defined in §113.04 (E) at any
during 7:00 a.m. until noon on Saturday. No time upon its property.
EXt IBIS'
A. 1
Amend§113.02&§113.03
Page 6 of 12... . _
(2) No dump truck which has banged its tailgate
shall be loaded or otherwise serviced for a
full operational day of the quarry after the
incident to include all day Monday if the
tailgate banging occurs after 4:30 p.m.
Friday or anytime on Saturday or Sunday.
Loading or servicing such dump truck during
this suspension shall constitute a violation of
this ordinance and the Rock Quarry
Operating License.
113.03 Jurisdiction of the Rock Quarry
Operating License Article.
The Jurisdiction of The Rock Quarry Operating
License Article shall be applicable to any and all rock
quarries located within the corporate limits of
Fayetteville.
TaPV1� 1P end 13.02&§113.03
Departmental Correspondence
ARKANSAS
LEGAL
• • DEPARTMENT
Kit Williams
CityAttorney
Jason B.KelleyTO: Mayor Jordan Assistant City
Attorney
City Council
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director AA
FROM: Kit Williams, City Attorney
DATE: March 11, 2011
RE: Federal Court Rejection of City's Petition for Certification of Question
to Arkansas Supreme Court
On March 10, 2011, the Federal District Court for the Western District of
Arkansas issued its Order which denied Fayetteville's request to allow the
Arkansas Supreme Court to interpret the state statute upon which the Rock Quarry
Ordinance was enacted. The Order stated: "the Court believes that the law of the
case doctrine prevents it from reconsidering the issue of whether the City has
statutory authority to declare nuisances for activities that are operated outside the
city limits." (Page 7 of Order)
The City of Fayetteville certainly agrees with the Court that the "(1)aw of the
case doctrine is a doctrine of discretion, not a command to the courts." (Page 7 of
Order quoting a 1986 Eighth Circuit Court of Appeals case) In our request to
allow the Arkansas Supreme Court to decide the meaning of the contested state
statute, the City acknowledged that any referral of this issue rested within the
Federal District Court's discretion which it has now exercised to deny our request.
The City of Fayetteville's Answer to the initial Complaint of the Rogers
Group, Inc. questioned whether this case should be brought in State rather than
Federal Court. Because Rogers Group, Inc. is a foreign corporation, it could sue
A. 1
Amend§113.02&§113.03
---- - Page 8 of 12
the City of Fayetteville in Federal Court. During the hearing for the Corporation's
Motion for a Preliminary Injunction, the City asked that the Federal Court abstain
from asserting jurisdiction so that Arkansas Courts could determine the meaning of
Arkansas law. That request was denied as has our final request for referral to the
Arkansas Supreme Court.
I continue to agree with the Arkansas Attorney General's official Opinion
that the City Council has proper state statutory authority to protect our citizens by
passing an ordinance to abate nuisance activities occurring on our City's doorstep
just as the City Council did to abate a nuisance in the ThunderValley situation in
2002. The Circuit Court for the Fourth Judicial District of Arkansas found your
ordinance abating a nuisance beyond the city limits legal and constitutional when it
was challenged by the owner of ThunderValley in 2003. However, it does not
appear that the Arkansas judicial authorities will be allowed to determine if the
Rock Quarry Ordinance is legal and constitutional this time.
A. 1
Amend§113.02&§113.03
Page 9 of 12
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS Lk�1J
CHAPTER 113: ROCK QUARRIES AND DIRT MINING FACILITIES
ARTICLE I
ROCK QUARRY OPERATING LICENSE (5) The rock quarry operator shall notify by
telephone the Director of Development
113.01 Finding Of Nuisance And Need Services and any Fayetteville neighbor
within a mile of his quarry who has
For Abatement requested such notification at least two
The City Council of the City of Fayetteville, Arkansas hours prior to rock blasting.
determines and finds that the operation of a rock
quarry would be a nuisance to the citizens and City of (B) Operation of Rock Quarry,
Fayetteville, Arkansas if operated or used other than
as prescribed in §113.02 and, therefore, should be (1) All rock quarries within the city limits of
abated by the reasonable regulations required by this Fayetteville or within one mile beyond the
ordinance. city limits of Fayetteville shall only be
allowed to operate during the period of
(Ord.5280,10-20-09) 7:00 a.m. until 6:00 p.m. Monday through
Friday, and during 7:00 a.m. until noon on
113.02 Regulations TO Abate Nuisance Saturday. No major noise producing
activities shall occur before 8:30 a.m. or after
(A) Rock Blasting/Use of Explosives. 4:30 p.m. on a weekday or anytime on
Saturday or Sunday. No rock quarry shall be
(1) No rock blasting shall be allowed within 60 allowed to operate on a federally recognized '-
yards of any house within the city limits of holiday or Sunday.
Fayetteville.
(2) All rock quarries within the city limits of
(2) No rock blasting explosive charge or location Fayetteville or within one mile beyond the
shall exceed the most restrictive limitations city limits of Fayetteville shall be prohibited
within federal, state and Washington County from any operations until the owner/operator
regulations or laws. of such quarry has obtained a valid, annual
Rock Quarry Operating License. This
(3) All rock blasting within the permitted quarry license to operate shall be issued by the
shall only be allowed between the hours of Fayetteville Planning Department on a fiscal
10:00 a.m. and 3:00 p.m. on the first and year (July 1 through June 30) schedule with
third Wednesday of each month unless such no fee assessed.
Wednesday is a federal or city holiday. If
such Wednesday is a holiday, the permitted (C) Dust, Mud and Rock Control Measures. All rock
blasting day will be moved to the next day quarries within the city limits of Fayetteville or
(Thursday). If the permitted blasting day within one mile beyond the city limits of
would be unsafe or not feasible or practical Fayetteville shall only be allowed to operate with
because of inclement weather or other the following safeguards and measures to ensure
condition beyond the reasonable control of that dust,dirt, mud, loose rock and gravel, and all
the quarry operator, the Director of other possible irritants or nuisance substances do
Development Services may designate not adversely affect Fayetteville residents. It is
another weekday during the next five the express continuing duty of the licensed rock -
weekdays as a permitted blast day. quarry operator to ensure all of these safeguards,
requirements and measures are constantly
(4) Upon timely request by the rock quarry enforced.
operator, the Director of Development
Services or designee is empowered to grant (1) Dust control measures. Water or other
a variance of the time limitations for rock substances or measures must be fully
blasting if inclement weather or other effective during the operation of the rock
condition beyond the reasonable control of quarry to ensure the quarry is in full and
the operator has caused a safety issue that continual compliance with the requirements
requires rock blasting outside the 10:00 a.m. of the Arkansas Water and Air Pollution
until 3:00 p.m. permitted period. Re- Control Act as administered by the Arkansas
notification is not required unless the blasting Department of Environmental Quality. A '..
is moved to another day. violation of the permit conditions required by
CD113:3
A. 1
'. A7 w Amend of 12 2&§113.03
T Page 10 of 12 --
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS --
the Arkansas Department of Environmental offending dump truck to include the date and
Quality can be grounds for a suspension or time of the occurrence. No dump truck
revocation of the City's Rock Quarry which has banged its tailgate shall be loaded
Operating License. (See§133.05) or otherwise serviced for a full operational
day of the quarry after the incident to include
(2) Dirt and mud control measures. The rock all day Monday if the tailgate banging occurs
quarry operator is required to ensure that after 4:30 p.m. Friday or anytime on
any and all vehicles leaving the rock quarry Saturday or Sunday. Loading or servicing
shall have all mud and dirt removed from the such dump truck during this suspension shall
tires and exterior parts of the body of the constitute a violation of this ordinance and
vehicles prior to exiting the site onto public the Rock Quarry Operating License.
roads.
(3) Loose rock and gravel. The rock quarry (Ord.5280,10-20-09;Ord.5315,4-20-10)
operator is responsible to ensure that all 113.03 Jurisdiction Of This Ordinance
dump trucks leaving the rock quarry site that Pursuant to A.C.A. §14-54-103(1), this ordinance to
may utilize any city street and are carrying abate a nuisance shall be applicable to any and all
more than half a truck load of gravel, rocks rock quarries located within the corporate limits of
or dirt have their load fully and properly Fayetteville and for one(1) mile beyond the city limits
covered. as prescribed in A.C.A. §14-262-102.
(4) Dump truck identifying number. In order for (Ord.5280,10-20-09)
citizens to easily and correctly identify dump
trucks and their ownertoperators who are 113.04 Definitions
servicing the rock quarry, the rock quarry
operator shall require any dump truck
accessing or servicing his facility to have an (A) Rock Quarry means any open excavation used
easy to read four digit number at least six for obtaining building stone, slate, limestone or
inches high and twelve inches wide on the other type of rock used for paving or building
tail gate of the dump truck. The rock quarry purposes.
operator shall maintain an up-to-date and
accurate log of the owner and operator of (B) House means any habitable structure including a
each numbered dump truck and shall mobile or manufactured home, a dwelling, a
immediately supply the owner and operator's residence, an apartment, a condominium, a
name, address and contact information to dormitory, a hotel or motel.
any Fayetteville employee, official or citizen
who requests such information. (C) Operation of Rock Quarry means any blasting,
operation of any mechanical equipment on the
(5) Only dump trucks with proper identifying premises of the rock quarry or any operation of
number may be loaded. The rock quarry dump :trucks or other large vehicles on the
operator shall not load or permit to be loaded premises of the rock quarry site. Starting,
or permit to exit the rock quarry any dump running the engine or moving any equipment or
truck unless the identifying number specified dump truck on the premises shall constitute
in subsection (4) is clearly legible, easy to operation of the rock quarry.
read and not obscured by dirt, mud or
otherwise. (D) Major Noise Producing Activities means blasting,
rock breaking, dump truck tailgate banging, and
(0) Control of Dump Truck Tailgate Banging, the use by the quarry operator of non-static
backup warning devices on Its loader, breaker or
(1) It is the express duty of the rock quarry other major equipment. Rock crushing within a
operator to prevent a dump truck delivering half mile of a house within the city limits of
anything to the quarry or receiving rock from Fayetteville is also a major noise producing
the quarry to engage in Dump Truck Tailgate activity.
Banging as defined in §113.04 (E) at any
time upon its property. (E) Dump .Truck Tailgate Banging means the
avoidable and loud banging of a dump truck
(2) The rock quarry operator shall keep a record tailgate used to vibrate the bed to loosen material
of the owner/operator and number of the in the bed sought to be dumped. The relatively
quiet bang that might be unavoidable when a
CD113:4
• A. 1
s •� I w 0 Amend§113.02&§113.03
rff� -
! Page 11 of 12 ----
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
dump truck load is dumped and the truck moves this ordinance,
away from the pile without applying the truck's
brakes is not regulated by this ordinance. (B) The Rock Quarry Operating License may be
suspended or revoked by the Director of
(Ord.52a9, 10-20-09) Development Services after a due process
hearing for an owner's, manager's, operator's,
113.05 Issuance, Suspension Or employee's, or lessee's violation of any terms or
Revocation Of License limits within this ordinance or for operating the
rock quarry not in conformity with its Rock Quarry
(A) Issuance. The Director of Development Services Operating License.
or designee shall prepare and issue an annual (C) Any owner, operator, manager, lessee or
Rock Quarry Operating License upon proper employee of a rock quarry shall be guilty of a
application of an owner/operator of a rock quarry criminal violation if such person operates the rock
within the jurisdiction of this ordinance after quarry in violation of any of the Terms of this
ensuring the rock quarry operator will be in full
ordinance, without a current and valid Rock
compliance with all requirements of this
ordinance and has all other current and valid Quarry Operating License, or in violation of any
federal, state and county permits required for of the terms of his Rock Quarry Operating
rock quarrying operation. License.
(B) Suspension. The Director of Development (D) Each violation of the operational hour limitations
Services may suspend a Rock Quarry Operating or the number of rock blasting events allowed by
License for up to thirty(30) days for violations of this Ordinance or the applicable Rock Quarry
the terms of the license after a due process Operating License shall constitute a separate
hearing. violation of this ordinance and shall be
punishable by a fine of up to$500.00.
(C) Revocation. The Director of Development (Ord.5280.10-20-09)
Services may revoke a Rock Quarry Operating
license for repetitive, continuing, intentional, or 113.07 No Reduction In Property Owner's
substantial violations of the requirements of this
ordinance. The Director of Development Right To Sue For Nuisance
Services may require adequate assurances that Nothing in this ordinance removes or reduces a
any operator whose license has been revoked property owner's right to sue or seek an injunction
will fully comply with the Rock Quarry Operating against any owner or operator of rock quarry if a court
License before reissuing another license. of competent jurisdiction finds that such facility
constitutes a private or public nuisance to that
(D) Appeal. Any person whose license has been property owner.
suspended or revoked pursuant to this section,
may appeal such suspension or revocation to the (Ord.5280, 10-20-09) -
City Council by providing the City Clerk's Office
with a written request for City Council review 113.08-113.10 Reserved
within ten business days of the issuance of -
suspension or revocation. The City Council may ARTICLE II
then determine whether the rock quarry operator RED DIRT MINING FACILITY
violated the requirements of the ordinance and, if OPERATING LICENSE
so,whether suspension(up to 30 days)or
revocation is appropriate for such violation.
113.11 Finding Of Nuisance And Need
(Ord.5280, 10-20-09) For Abatement
The City Council of the City of Fayetteville, Arkansas
113.06 Penalty determines and finds that the operation of a red dirt
mining facility would be a nuisance to the citizens and
(A) Any owner, lessor or lessee of real property upon City of Fayetteville, Arkansas if operated or used
which is located a rock quarry and any operator, other than as prescribed in §113.12 and, therefore,
manager, or employee of such rock quarry shall should be abated by the reasonable regulations
ensure such quarry is operated within the limits of required by this ordinance.
this ordinance and shall be guilty of a criminal
violation for any violation of the requirements of (Ord.5281, 10-20-09)
CD113:5
A. 1
Amend§113.02&§113.03
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