HomeMy WebLinkAbout2009-12-04 ORDINANCE NO. 2009-12-4
AN ORDINANCE AUTHORIZING THE LEVY OF AN ADDITIONAL TWENTY DOLLARS ($20.00)
FINE TO HELP DEFRAY THE EXPENSE OF INCARCERATING CITY PRISONERS PURSUANT
TO ACT 209 OF 2009; AND FOR OTHER PURPOSES.
WHEREAS, the Arkansas General Assembly passed Act 209 of 2009, amending A.C.A. § 16-17-
129, which authorizes the city, by ordinance, to levy up to an additional Twenty Dollars ($20.00)
fine, and not to exceed Twenty Dollars ($20.00), to help defray the expenses of incarcerating city
prisoners; and
WHEREAS, it is in the best interest and welfare of the citizens of Batesville, Arkansas, that an
additional fine of Twenty Dollars ($20.00) be levied and collected from each defendant who pleads
guilty or nolo contendere to, is found guilty of, or forfeits bond for any misdemeanor or traffic
violation in the Independence County District Court within Batesville, Arkansas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE THAT:
SECTION 1: That pursuant to Act 209 of 2009, of the General Assembly of the State of Arkansas,
an additional fine of Twenty Dollars ($20.00) shall be levied and collected from each defendant
who pleads guilty or nolo contendere to, is found guilty of, or forfeits bond of any misdemeanor or
traffic violation in the Independence Court within Batesville, Arkansas.
SECTION 2: That the additional fine levied by the city under this Ordinance shall be deposited into
a special fund within the City Treasury, and the revenues generated by the additional fine shall be
used exclusively to help defray the cost of incarcerating city prisoners.
SECTION 3: The additional fine authorized by this Ordinance shall apply to each charge, count,
violation, or offense that a defendant pleads guilty or nolo contendere to, is found guilty of, or
forfeits bond, for, including each misdemeanor or traffic violation.
SECTION 4: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section of part of a section, or any provision or part of a provision herein, is
declared to be unconstitutional, inappropriate, or invalid by any court of competent jurisdiction,
such holding shall not invalidate or affect the remainder of this Ordinance and to that extent the
provision hereto are declared to be severable.
SECTION 5: That all Ordinances or parts of Ordinances found to be in conflict herewith, are
hereby repealed.
Passed and adopted this 22nd day of December, 2009.
Rick g , Mayor
ATTEST:
C„ Denise JohnstorY, City Clerk