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HomeMy WebLinkAbout927ORDINANCE # C AN ORDINANCE ESTABLISHING LOADING ZONES; AUTHORIZING THE CITY COUNCIL TO DETERMINE THE LOCATIONS THEREOF; VALIDATING EXISTING SUCH ZONES; PROVIDING PE14ALTIES FOR VIOLATION OF THIS REGULATION; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS: SECTION 1: The City Council of the City of Batesville, Arkansas may by resol4tion establish loading zones on any street and public way in the City of Batesville, Arkansas, as the Council, in its discretion, may find to be required for the proper and efficient control of vehicular traffic, loading and unloading operations and other access to businesses. s SECTION 2: The Mayor or his designated agent shall place and locate appropriate signs and or devises upon or near each loading zone designating such location as a loading zone. SECTION 3: The location of all loading zones in the City of Batesville is hereby validated as though fully authorized by proper ordinance. SECTION 4: It shall be unlawful for any person to park or leave standing any vehicle within any loading zone except for the purpose of loading or unloading persons or freight and then only for that period of time involved in actual loading or unloading but in no event shall the time exceed 15 minutes. SECTION 5: Any person who shall violate any provision of this ordinance shall upon conviction thereof be subject to a fine of any amount not exceeding Twenty -Five Dollars for each offense or violation. SECTION 6: It shall be the duty of the Batesville City Police and Meter Maids to report the following: a. Location of the loading zone having a vehicle parked in violation of this ordinance. i +r 9 b. Date and hour said officer detected such vehicle parked in violation of this ordinance. c. The state license of such vehicle. b i I d. Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such j{ t� ! i- violation. i C�D The officer shall also attach to the vehicle a notice to the owner or operator thereof that such vehicle has been parked in violation of this ordinance and instructing the owner or operator to report to Batesville Police Department within twenty-four hours of the date and time of the notice and pay to the Police Department the sum of $5.00 as a penalty for and in full satisfaction of the violation. The failure of the owner or i r AAW Vol operator to report to the Police Department within twenty-four hours shall render such owner or operator subject to the penalties set out in Section 5 of this ordinance. All payments made within 24 hours shall be kept and recorded in the same manner as all monies collected from parking meters. SECTION 7: In any hearing in the Municipal Court of Batesville, Arkansas on a charge of parking a vehicle in violation of this ordinance, testimony that a vehicle bearing a certain license plate was found, or duly reported, unlawfully parked as prohibited by this ordinance, and further testimony that the records of the Registrar of Motor Vehicles for the State of Arkansas£ reflects said license plate was issued to the defendant, shall be prima facie evidence that the vehicle was unlawfully parked, was so parked, or permitted to be parked by the defendant. SECTION 8: Any person who aids, abets or assists in the violation of this ordinance shall also be guilty of violation of this ordinance and subject to a fine not exceeding $25.00 for each violation. SECTION 9: If any section, sentence, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 10: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 11: This ordinance being necessary for the maintenance and control of traffic and parking conditions, prevention of traffic hazards and further necessary for the protection of the health, safety and welfare of the citizen. of Batesville, Arkansas, an emergency is declared to exist and this ordinance I shall take effect and be in force from and after the date of its passage. �E f; .i PASSED AND APPROVED THIS Z Ch DAY OF 980. ATTEST: i CEJ CITY CLE