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2005-11-01
CITY-OF-BATESVILLE
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2005-11-01
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• ORDINANCE NO. 66— <br /> AN ORDINANCE ESTABLISHING PENALTIES FOR <br /> VIOLATIONS OF ALL CITY ORDINANCES; ADOPTING THE <br /> CUMULATIVE NATURE OF PENALTIES AVAILABLE TO THE <br /> CITY UNDER STATE LAW; AND FOR OTHER PURPOSES. <br /> WHEREAS, the City of Batesville, Arkansas (the "City") has adopted many <br /> ordinances and regulations over the years, each ordinance containing a provision for <br /> penalties for violation thereof, and <br /> WHEREAS, the City has experienced problems with the current penalties not <br /> being sufficient to force compliance with City regulations; and <br /> WHEREAS, the City Council has determined that establishing one penalty <br /> provision for violation of all City ordinances and placement in the general provisions <br /> section of the City Code will avoid confusion and repetition and will bring the <br /> enforcement provision in conformance with the penalties provided for by state law under <br /> Ark. Code Ann. §§ 14-55-501, et. seq., and Ark. Code Ann. § 14-55-601, et. seq.; and <br /> WHEREAS, this ordinance is appropriate and necessary for the health, safety and <br /> welfare of the citizens of the City. <br /> • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF <br /> THE CITY OF BATESVILLE,ARKANSAS: <br /> Section 1. Penalties for Violations. <br /> (a) For purposes of interpretation and enforcement, a violation of a City code <br /> or ordinance means: <br /> (1) Doing an act that is prohibited or declared to be unlawful, an offense <br /> or a misdemeanor, by ordinance or by rule or regulation authorized by ordinance; <br /> (2) Failure to perform an act that is required to be performed by <br /> ordinance or by rule or regulation authorized by ordinance; or <br /> (3) Failure to perform an act if the failure is declared a misdemeanor or <br /> an offense or unlawful by ordinance or by rule or regulation authorized by ordinance. <br /> (b) "Violation of this ordinance" or a"violation of this Code" does not include <br /> the failure of a City officer or City employee to perform an official duty unless it is <br /> provided that failure to perform the duty is to be punished as provided in this section. <br /> (c) Except as otherwise provided, a person convicted of a violation of this Code <br /> or City ordinance shall be punished by a fine not exceeding five hundred dollars <br />
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