HomeMy WebLinkAbout2005-11-01 • ORDINANCE NO. 66—
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
($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.
�r 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 of ��� , 2005.
ATTEST: APPROVED:
S'a YW-U--'-�� Q0 L-V-Z- brL,
Denise M. Johnston, Ci Clerk "rJ . Biard
APPROVED AS TO LEGAL FORM:
Scott Stalker, City Attorney
Ol
ORDINANCE NO. Qns—ll--A
�61 AN ORDINANCE AMENDING ORDINANCE NO. 98-10-1, LICENSE REQUIRED,
SECTION E AND G, AND IMPOUNDING — RELEASE OR EUTHANIZATION,
SECTION A, AND FOR OTHER PURPOSES
WHEREAS, it has been determined that City ordinances and resolutions need to be
updated based upon need and current comparisons and assessments; and
WHEREAS, this ordinance falls into the above category;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF BATESVILLE,
ARKANSAS:
SECTION 1. Ordinance No. 98-10-1, License Required, Section E is hereby amended
as follows:
(e) License fees for any dog or cat as outlined above is $5.00 for sterilized
animal and $10.00 for unsterilized animal per year.
(g) Hunting dog's license is $5.00 for sterilized animal and $10.00 for unsterilized
animal per year.
SECTION 2. Ordinance No. 98-10-1, Impounding — Release or Euthanization, Section
A is hereby amended as follows:
(a) It is the duty of the Department of Animal Control to take into custody any
animal found at large in the City. Tagged, identified animals shall be
returned to their owners after the impounding process, and the owner cited at
the discretion of the Animal Control Officer. Animals that can not be returned
or claimed by their owner, shall be held for a period of three (3) working days
after the owner has received certified notification that said animal has been
impounded at the Department of Animal Control. If reasonable effort to
locate the owner of any impounded animal has failed, the animal may be
released to a suitable person, pursuant to this ordinance, or euthanized after
the tenth (10) day of impoundment. The fee for impounded animals is $10.00
per day. Additional the owner will be assessed a first time impounding fee of
$25.00, a second time fee of $50.00, a third time fee of$75.00, and a fourth
time fee of $100.00 or citation.
ADOPTED this s;,,)I day of ��(JeY1.��2 , 2005.
?Joe M. Biard, Mayor Biard
ATTEST: � \
Lff" xh,� (A�
Denise M. Johnston, Cit Clerk