Sec. 1-1. How Code designated and cited.
The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances of the City of Springdale, Arkansas," and may be so cited.
(Code 1973, § 1-1)
Sec. 1-2. Definitions and rules of construction generally.
In the construction of this Code and of all ordinances, the following definitions and rules of construction shall be observed, unless inconsistent with the manifest intent of the city council:
Generally. All words and phrases shall be construed and understood according to the common and approved usage of language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. In their interpretation and application, the provisions of this Code shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals, or general welfare. Wherever the requirements of this Code are at variance with the requirements of any other lawfully adopted rules and regulations, the most restrictive, or that imposing the higher standards, shall govern.
A.C.A. The abbreviation "A.C.A." means the Arkansas Code of 1987 Annotated.
State law reference(s)--Designation, etc., of state code, A.C.A. § 1-2-113.
City. The term "city" means the City of Springdale, Arkansas.
City clerk, city recorder. The terms "city clerk" and "city recorder" are interchangeable and refer to the city recorder of the city.
State law reference(s)--City clerks generally, A.C.A. § 14-43-313.
City council or council. The term "city council" or "council" means the city council of the City of Springdale, Arkansas.
State law reference(s)--City council generally, A.C.A. § 14-43-501 et seq.
Code. The term "Code" refers to the "Code of Ordinances of the City of Springdale, Arkansas," as designated in section 1-1.
Computation of time. Whenever a notice is required to be given or an act to be done, or in computing a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, is not counted in computing the time, but the day on which such proceeding is to be had is counted.
State law reference(s)--Computation of time, A.C.A. § 16-55-119.
County. The term "county" means Washington and Benton Counties, Arkansas.
Delegation of authority. Whenever a provision appears requiring the head of a department or other officer of the city to do some act or perform some duty, or granting some right of him as such official it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty, or it shall grant to them such right.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
Include, including. The term "include," "including" or any other similar term of inclusion means without limitation or restriction.
Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers, unless otherwise provided.
May. The term "may" is to be construed as being permissive and not as being mandatory.
May not. The term "may not" has a prohibitory effect and states a prohibition.
Must. The term "must" is to be construed as being mandatory and not as being permissive.
Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Number. Words used in the singular include the plural, and the plural includes the singular number.
Oath. The term "oath" includes an affirmation in cases in which, by law, an affirmation may be substituted for an oath. In such cases, the terms "swear" and "sworn" are equivalent to the words "affirm" and "affirmed."
State law reference(s)--Similar provisions, A.C.A. § 16-55-102(a)(8).
Or, and. "Or" may be read "and," and "and" may be read "or" if the sense requires it.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.
Person. The term "person" includes a firm, partnership, association, organization and body politic and corporate, or any combination thereof, as well as an individual.
State law reference(s)--Person defined, A.C.A. § 16-55-102(a)(11).
References to officials, boards, etc. Whenever a reference is made to officials, boards, commissions, departments, etc., by title only, i.e., "city clerk," "chief of police," "cemetery commission," etc., it refers to the officials, boards, commissions and departments of the city.
Shall. The term "shall" is to be construed as being mandatory and not permissive.
Signature or subscription. The term "signature" or "subscription" includes a mark when a person cannot write.
State law reference(s)--Defined, A.C.A. § 16-55-102(a)(20).
State. The term "state" means the State of Arkansas.
Street. The term "street" includes any street, avenue, boulevard, road, alley, lane, viaduct or other public highway in the city.
Sidewalk. The term "sidewalk" means a strip of land in front or on the sides of a house or lot of land lying between the property line and the street.
Tenant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of or who occupies the whole or a part of such buildings or land, either alone or with others.
Tense. Words used in the past or present tense include the future as well as the past or present.
State law reference(s)--Similar provisions, A.C.A. § 16-55-102(a)(24)(b).
Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
State law reference(s)--Writing defined, A.C.A. § 16-55-102(a)(24).
Year. The term "year" means a calendar year.
(Code 1973, § 1-2)
Sec. 1-3. Catchlines of sections; effect of history notes, etc.; references to Code.
(a) The catchlines of sections of this Code printed in boldface type are intended merely as catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections nor as any part of the section nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
(b) The history or source notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. Cross references and state law references which appear after sections or subsections of this Code or which otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect.
(c) All references to chapters, articles or sections are to the chapters, articles and sections of this Code unless otherwise specified.
(Code 1973, § 1-3)
Sec. 1-4. Effect of repeal of ordinances.
(a) The repeal of an ordinance does not revive any ordinances in force before or at the time the ordinance repealed took effect.
(b) The repeal of an ordinance does not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.
(Code 1973, § 1-4)
Sec. 1-5. Amendments to Code; effect of new ordinances; amendatory language.
(a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code, may be numbered in accordance with the numbering system of this Code and printed for inclusion in this Code. In the case of repealed chapters, sections or subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the city council.
(b) Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: "Section <#rule> of the Code of Ordinances of the City of Springdale, Arkansas, is amended to read as follows: (c) The following language may be used to add a new section: "The Code of Ordinances of the City of Springdale, Arkansas, is hereby amended by adding a section (number) to read as follows: (d) All sections, articles, chapters or provisions desired to be repealed should be specifically repealed.
(Code 1973, § 1-6)
Sec. 1-6. Additions and amendments deemed incorporated in Code.
Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the city to make such additions and amendments a part hereof, are deemed to be incorporated in this Code, so that reference to the Code includes such additions and amendments. In addition, any addition to this Code that was not passed in such form but that has been published in this Code is considered a part of this Code.
State law reference(s)--Amendments and revisions shall be inserted in copies of Code maintained by the city clerk, A.C.A. § 14-55-704(b).
Sec. 1-7. Altering Code.
It shall be unlawful for any person in the city to change or amend by additions or deletions, any part or portion of this Code or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever except by ordinance or resolution or other official act of the city council, which will cause the law of the city to be misrepresented thereby.
(Code 1973, § 1-7)
State law reference(s)--Criminal mischief, A.C.A. § 5-38-204.
Sec. 1-8. Severability of parts of Code.
The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code is declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
(Code 1973, § 1-5)
Sec. 1-9. Penalty for violations.
(a) In this Code "violation of this Code" means:
(1) Doing an act that is prohibited or made or declared unlawful; an offense or a misdemeanor authorized by ordinance or by rule or regulation.
(2) Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.
(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) In this Code "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 shall be punished by a fine not exceeding $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 thereof is a fine not to exceed $250.00 for each day that the violation 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 penalty does not prevent equitable relief.
(Code 1973, § 1-8)
Sec. 1-10. Fines may be paid by work, when; procedure.
Fines imposed for violation of ordinances of the city may be discharged by the offender working out the same upon the streets, alleys or other improvements of the city under the direction of the chief of police or such person as the council may direct and under sufficient guards. Only prisoners confined in the city or county jail by sentence of the municipal court may be taken out and required to work out the amount of all fines, penalties, forfeitures and costs imposed on him in the municipal court, and when any such person shall be allowed or taken out to work as above provided, an accurate account shall be kept by the chief of police of the names of all such persons, and the number of days worked by each, and each shall have his discharge when by his number of days worked he shall become entitled thereto.
(Code 1973, § 1-9)
State law reference(s)--Authority to provide, A.C.A. § 14-55-604.
Sec. 1-11. Certain ordinances not affected by Code.
Nothing in this Code or the ordinance adopting this Code affects any ordinance:
(1) Promising or guaranteeing the payment of money for the city, or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness, or any contract or obligations assumed by the city.
(2) Granting any right or franchise.
(3) Dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city.
(4) Making any appropriation.
(5) Adopting a budget or amending a budget.
(6) Levying or imposing taxes.
(7) Establishing or prescribing grades of any street in the city.
(8) Providing for local improvements and assessing taxes therefor.
(9) Dedicating or accepting any plat or subdivision in the city.
(10) Extending or contracting the boundaries of the city.
(11) Prescribing the number, classification, benefits or compensation of any city officers or employees.
(12) Adopting or amending zoning maps or master plans or rezoning specific property.
(13) Which is temporary, although general in effect.
(14) Which is special, although permanent in effect.
(15) The purpose of which has been accomplished.
Sec. 1-12. Continuation of existing ordinances.
The provisions of this Code, so far as they are the same as ordinances existing at the time of adoption of this Code, shall be considered as a continuation thereof and not as new enactments.
Sec. 1-13. Prior acts, obligations or uses unaffected.
(a) Nothing in this Code or the ordinance adopting this Code affects any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code.
(b) The adoption of this Code does not authorize or permit any use or the continuance of any use of a structure or premises in violation of any ordinance of the city in effect on the date of adoption of this Code.
Sec. 1-14. Refunds of amounts paid for permits issued by city department--Procedure.
No person shall be entitled to any refund of the amount paid for any permit issued by any department of the city unless such refund is applied for in writing within six months from the date of issuance of such permit, or within the extended time thereof if the same has been extended under an applicable ordinance.
(Code 1973, § 1-13)
State law reference(s)--Municipal accounting law, A.C.A. § 14-59-101 et seq.
Sec. 1-15. Same--Service charge.
The city department which issues a permit for which a refund is claimed pursuant to section 1-14 shall, before making any such refund, retain and deduct therefrom a sum equal to ten percent of the amount originally paid for the permit, which sum shall constitute a service charge and shall be paid into the city treasury.
(Code 1973, § 1-14)
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