HomeMy WebLinkAbout2009-07-02 ORDINANCE NO,,` —')-a
® AN ORDINANCE AMENDING ORDINANCE NUMBER 2005-11-1 OF THE CITY
OF BATESVILLE,ARKANSAS CONCERNING PENALTIES FOR VIOLATIONS
OF CITY ORDINANCES
WHEREAS, Ordinance Number 2005-11-1 established a uniform penalty
provision for the violation of City Ordinances, and
WHEREAS, Act 341 of the 87th General Assembly, Regular Session, 2009 of the
State of Arkansas increased the maximum fine for violation of a municipal ordinance, and
WHEREAS,the City desires to amend Ordinance Number 2005-11-1 to reflect the
recent changes made by the 87th General Assembly of the State of Arkansas.
NOW, THEREFORE, BE IT ORDANIED BY THE CITY COUNCIL OF
BATESVILLE,ARKANSAS:
Section 1. Penalties for Violations; Sub-Section (c) is hereby amended to read
as follows:
"Except as otherwise provided, a person convicted of a violation of this Code or
City ordinance shall be punished by a fine not exceeding one thousand dollars($1,000.00),
or double such sum for each repetition thereof. If a violation is, in its nature, continuous in
• respect to time,the penalty for allowing the continuance is a fine not to exceed five
hundred dollars ($500.00) for each day that the same is unlawfully continued."
SEVERABILITY: If any provision, including any exception, part, phrase, or term, or
the application thereof to any person or circumstance(s) is held invalid, the application to
other persons or circumstances shall not be affected thereby, and the validity of this
ordinance in any and all respects shall not be affected thereby.
EMERGENCY: In consideration of the public interest to be preserved, an emergency
is hereby declared to exist and this Ordinance being necessary for the immediate
preservation of the public peace, health and safety, shall be in full force and effect
immediately from and after the date of its passage.
PASSED on this 211 day of , 2009.
ATTEST: APPROVED:
Lln,2-z
Denise M. Johnston, City Cler Rick , ayor
• APPROVED AS TO LEGAL FORM:
Scott Stalker, City Attorney
I
Stricken language would be deleted from and underlined language would be added to the law as it existed
prior to this session of the General Assembly.
Act 341 of the Regular Session
1 State of Arkansas
2 87th General Assembly A Bill
3 Regular Session, 2009 HOUSE BILL 1341
4
5 By: Representative Moore
6
7
8 For An Act To Be Entitled
9 AN ACT TO INCREASE THE MAXIMUM FINES FOR
10 VIOLATION OF A MUNICIPAL ORDINANCE; AND FOR OTHER
11 PURPOSES.
12
13 Subtitle
14 AN ACT TO INCREASE THE MAXIMUM FINES FOR
15 VIOLATION OF A MUNICIPAL ORDINANCE.
16
17
C18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
19
20 SECTION 1. Arkansas Code § 14-55-504(a) , concerning fines, is amended
21 to read as follows:
22 (a) ( 1) Municipal corporations shall not have power to inflict any fine
23 or penalty, by ordinance or otherwise, to a greater sum than five hundred
24 dellafs ($5W one thousand dollars ($1,000) for any one (1) specified
25 offense or violation of a bylaw or ordinance, or double that sum for each
26 repetition of such offense or violation.
27 (2) If a thing prohibited or rendered unlawful is, in its
28 nature, continuous in respect to time, the fine or penalty for allowing the
29 continuance thereof, in violation of the bylaw or ordinance, shall not exceed
30 ;A hut;a_„a fifty dell r., ($250) five hundred dollars ($500) for each day
31 that it may is unlawfully continued.
32
33 APPROVED: 3/10/2009
34
35
III II II I II III I II 01-30-200912:08 KLL045
® ORDINANCE
AN ORDINANCE ESTABLISHING PENALTIES FOR
VIOLATIONS OF ALL CITY ORDINANCES; ADOPTING THE
CUMULATIVE NATURE OF PENALTIES AVAILABLE TO THE
CITY UNDER STATE LAW; AND FOR OTHER PURPOSES.
WHEREAS, the City of Batesville, Arkansas (the "City") has adopted many
ordinances and regulations over the years, each ordinance containing a provision for
penalties for violation thereof, and
WHEREAS, the City has experienced problems with the current penalties not
being sufficient to force compliance with City regulations; and
WHEREAS, the City Council has determined that establishing one penalty
provision for violation of all City ordinances and placement in the general provisions
section of the City Code will avoid confusion and repetition and will bring the
enforcement provision in conformance with the penalties provided for by state law under
Ark. Code Ann. §§ 14-55-501, et. seq., and Ark. Code Ann. § 14-55-601, et. seq.; and
WHEREAS, this ordinance is appropriate and necessary for the health, safety and
welfare of the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF BATESVILLE, ARKANSAS:
Section 1. Penalties for Violations.
(a) For purposes of interpretation and enforcement, a violation of a City code
or ordinance means:
(1) Doing an act that is prohibited or declared to be unlawful, an offense
or a misdemeanor, by ordinance or by rule or regulation authorized by ordinance;
(2) Failure to perform an act that is required to be performed by
ordinance or by rule or regulation authorized by ordinance; or
(3) Failure to perform an act if the failure is declared a misdemeanor or
an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.
(b) "Violation of this ordinance" or a"violation of this Code" does not include
the failure of a City officer or City employee to perform an official duty unless it is
provided that failure to perform the duty is to be punished as provided in this section.
`, (c) Except as otherwise provided, a person convicted of a violation of this Code
or City ordinance shall be punished by a fine not exceeding five hundred dollars
I ($500.00), or double such sum for each repetition thereof. If the violation is, in its nature,
continuous in respect to time, the penalty for allowing the continuance is a fine not to
exceed two hundred fifty dollars ($250.00) for each day that the same is unlawfully
continued.
(d) If a violation of this Code is also a misdemeanor under state law, the
penalty for the violation shall be as prescribed by state law for the state offense.
(e) The imposition of a penalty does not prevent revocation or suspension of a
license, permit or franchise.
(f) Violations of this Code that are continuous with respect to time are a
public nuisance and may be abated by injunctive or other equitable relief. The imposition
of a fine or penalty, however, does not prevent the simultaneous granting of equitable
relief in appropriate cases.
Section 2: Severability.
In. the event any title, section, paragraph, item, sentence, clause, phrase, or word
of this ordinance is declared or adjudged to be invalid or unconstitutional, such
declaration or adjudication shall not affect the remaining portions of the ordinance, which
shall remain in full force and effect as if the portion so declared or adjudged invalid or
unconstitutional were not originally a part of the ordinance.
Section 3: Repealer.
All ordinances, resolutions, bylaws, and other matters inconsistent with this
ordinance are hereby repealed to the extent of such inconsistency.
PASSED on this day ofl )t ) ,2005.
ATTEST: APPROVED:
Denise M. Johnston, Ci Clerk gayorAJoeBiard
APPROVED AS TO LEGAL FORM:
Scott Stalker, City Attorney
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