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HomeMy WebLinkAbout2010-03-01 r ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 919 CONCERNING THE SPEED LIMIT ON LEE STREET; ESTABLISHING A UNIFORM SPEED LIMIT WITHIN THE CITY OF BATESVILLE, ARKANSAS; MAKING EXCEPTIONS THERETO AND FOR OTHER PURPOSES WHEREAS, Ordinance No. 919 established a speed limit of twenty-five miles per hour (25mph) on Lee Street between Franklin Street and Boggey Street, and WHEREAS, the City desires to establish a uniform speed limit for the operation of a vehicle on all streets within the City limits of Batesville, Arkansas. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE, ARKANSAS,THAT: Section 1. Ordinance No. 919 is hereby repealed. Section 2. No person shall drive a vehicle upon the Streets of the City of Batesville, Arkansas at a speed greater than thirty(30)miles per hour(mph) subject to the exceptions and special circumstances set forth below. • Section 3. Exceptions and Special Circumstances: a. If any posted speed limit is greater than thirty(30) miles per hour(mph) the greater posted speed limit shall apply. b. If any posted speed limit is less than thirty (30) miles per hour(mph) the lesser posted speed limit shall apply. C. On any portion of any street directly adjacent to any public or private school, church or day care, when children are present, the speed limit shall be twenty-five (25) miles per hour(mph) unless a fence or other barrier exists between the street and the school, church or day care property that effectively prohibits children from entering the street, which, in such case the speed limit shall be that which is posted or if no speed limit is posted then the speed limit shall be thirty (30) miles per hour(mph). 40 Section 4. Penalty Any person found guilty hereunder shall be determined to have been driving in an inattentive manner in violation of City Ordinance, such violation shall not be attached to the person's permanent driving record, and shall be fined in accordance with the Ordinance No. 2005-11-1, as is or may be amended from time to time, which established fines for the violation of City Ordinances. Section 5. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Sections 6. If any portion or portions of this ordinance are deemed or held to be invalid, such invalidity shall not effect the remaining portion or portions of this ordinance. EMERGENCY CLAUSE: Whereas it is necessary to effect the public peace, health, safety and welfare and the orderly administration of the City an emergency is hereby declared to exist and this Ordinance shall be effective from and after the date of its passage. IT IS SO ORDAINED. • IN WITNESS WHEREOF, we have set our hands this�--, day of VMCA 2010. APPROVED: C - z RICK ELUMBAUGH, MAYOR ATTEST: 4a }-sf71t DENISE JOHNSTON, CL RK AP V Scott Stalker, City Attorney 0