Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Chapter 42
ENVIRONMENT*

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Cross reference(s)--Animals, ch. 14; use of animal wastes, § 54-1; abandoned personal property, § 58-26 et seq.; mobile home parks, § 66-26 et seq.; junk dealers, § 94-26 et seq.; stormwater drainage, ch. 106; abandoned vehicles, § 114-111 et seq.

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ARTICLE I.
IN GENERAL

Secs. 42-1--42-25. Reserved.

ARTICLE II.
LITTERING*

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Cross reference(s)--Offenses and miscellaneous provisions, ch. 74.

State law reference(s)--Litter Control Act, A.C.A. § 8-6-401 et seq.

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Sec. 42-26. Prohibited.

No person within the city shall throw, discard, deposit or scatter upon any sidewalk, alley, street, bridge, public passageway, or other public thoroughfare, public park, public beach or upon any private property owned by another person, any garbage, debris, trash or any other waste product of any kind.

(Code 1973, § 22-10)

Sec. 42-27. Discarded refrigerators, other airtight containers.

No person shall leave or permit to remain outside of a dwelling, building or other structure, or within an unoccupied or abandoned building, dwelling or other structure under his control, in a place accessible to children an abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snaplock or other locking device which cannot be opened by pushing from the inside, without first removing the door or lid, snaplock or other locking device.

(Code 1973, § 22-19)

State law reference(s)--Discarding certain items prohibited, A.C.A. § 8-6-408.

Secs. 42-28--42-50. Reserved.

ARTICLE III.
NOISE*

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Cross reference(s)--Offenses and miscellaneous provisions, ch. 74.

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Sec. 42-51. Loud noise prohibited.

It shall be unlawful for any person to willfully make, continue or cause to be made or continued any loud and raucous noise, which term shall mean any sound which, because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the city limits. The term shall be limited to loud and raucous noise heard upon the public streets, in any public park, in any school or public building or upon the grounds thereof while in use, in any church or hospital or upon the grounds thereof while in use, upon any parking lot open to members of the public as invitees or licensees, or in any occupied residential unit which is not the source of the noise or upon the grounds thereof.

(Code 1973, § 22-11(a))

Sec. 42-52. Acts deemed public nuisance.

The following acts, as limited by section 42-51 and subject to the exceptions provided in section 42-54 are declared to be public nuisances in violation of section 1-9:

(1) Engine exhaust. The discharge into the open air of the exhaust of any steam engine or stationary internal combustion engine except through a muffler or other device which will effectively prevent loud and raucous noises therefrom.

(2) Pile drivers, steam shovels, etc. The operation between the hours of 6:00 p.m. and 7:00 a.m. on any day or at any time on Sunday, of any pile driver, steam shovel, pneumatic hammer, derrick, dredge, steam or electric hoist or other appliance, the use of which is attended by loud and raucous noise.

(3) Blowers, fans, etc. The operation of any blower or power fan or any internal combustion engine, the operation of which causes loud and raucous noise, unless the noise from such blower or fan is muffled or such engine is equipped with a muffler device sufficient to prevent loud and raucous noise.

(4) Horns, signaling devices, etc. The sounding of any horn, whistle or other audible signaling device so as to create a loud and raucous noise.

(5) Radios, amplifiers, phonographs, etc. Using, operating or permitting to be played, used or operated any radio, amplifier, musical instrument, phonograph or other device for the producing or reproducing of sound in such manner as to cause loud and raucous noise.

(6) Sound trucks. No amplifier or loudspeaker in, upon or attached to a sound truck or other device for amplifying sound shall be operated or permitted to operate within the city for advertising purposes or to attract the attention of the public.

(7) Yelling, shouting, etc. Yelling, shouting, whistling or singing at any time or place so as to create a loud and raucous noise between the hours of 10:00 p.m. and 7:00 a.m. on any day.

(8) Animals, birds, etc. The keeping of any animal or bird which habitually causes a loud and raucous noise.

(9) Defect in vehicle or load. The use of any motor vehicle so out of repair, so loaded or loaded in such a manner as to create loud grating, grinding, rattling or other loud and raucous noise or which is not equipped with a muffler in good working order and in constant operation so as to prevent loud and raucous noise.

(10) Building construction or repair. The erection including excavating, demolition, alteration or repair of any building so as to create a loud and raucous noise other than between the hours of 7:00 a.m. and 6:00 p.m. on Monday through Saturday, except in case of urgent necessity in the interest of public health and safety and then only with a permit from the chief city inspector, which permit may be granted for a period not to exceed three working days or less while the emergency continues and which permit may be renewed for successive periods of three days or less while the emergency continues. If the chief city inspector should determine that the public health and safety necessitates the issuance of such a permit and will not be impaired by the erection, demolition, alteration or repair of any building or the excavation or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. on Monday through Saturday or on Sunday, he may grant permission for such work to be done within such hours or within a shorter time period during such hours, upon application being made at the time the permit for the work is issued or during the progress of the work. The city council may grant permits to allow the erection, demolition, alteration or repair of any building or the excavation or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m. on Monday through Saturday or on Sunday or within a shorter time period during such hours in situations deemed necessary by the city council and for periods determined by the city council.

(11) Noises heard within schools, public buildings, churches, hospitals. The creation of any loud and raucous noise heard within any school, public building, church or hospital, or the grounds thereof, while in use, which interferes with the workings of such institution, or which disturbs or annoys patients in the hospital.

(12) Noises to attract attention. The use of any drum or other instrument or device to create a loud and raucous noise.

(13) Engine brakes. The creation or emission of engine exhaust noise through the use of "engine brakes" or other similar engine compression retarding devices so as to create a loud or raucous noise, except when such devices are used as a safety device and except when used by an emergency vehicle.

(14) Motor vehicle radios and sound devices. Using, operating or permitting to be played any radio, music player, or audio system in a motor vehicle which produces or reproduces sound in such a manner as to cause a loud and raucous noise which is plainly audible to persons other than the occupants of said vehicle.

(Code 1973, § 22-11(b); Ord. No. 3110, § 1, 6-26-01; Ord. No. 3224, 7-23-02; Ord. No. 3286, § 1, 1-28-03; Ord. No. 3729, § 1, 7-26-05; Ord. No. 4022, § 1, 1-31-07)

State law reference(s)--City may prevent, abate or remove nuisances and punish by fine or imprisonment, A.C.A. § 14-54-104(3)(i).

Sec. 42-53. Person responsible for violation.

Any person, owner, agent or supervisor in charge of operating, ordering, directing or allowing the operation or activity creating noise as prohibited in section 42-51 shall be deemed guilty of a violation of this article and subject to the penalties set forth in section 1-9 of this Code.

(Ord. No. 3286, § 2, 1-28-03)

Sec. 42-54. Exceptions to article.

The term "loud and raucous noise" does not include noise or sound generated by the following:

(1) Cries for emergency assistance and warning calls.

(2) Radios, sirens, horns and bells on police, fire and other emergency response vehicles.

(3) Rodeo of the Ozarks and Rodeo of the Ozarks Parade.

(4) Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided that such activities have been authorized by the owner of such property or facilities or its agent.

(5) Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm.

(6) Religious worship activities conducted in a permanent structure, including but not limited to bells and organs.

(7) Locomotives and other railroad equipment, and aircraft.

(8) Fireworks displays within such hours and conditions as may be imposed by the issuance of the permit or discharging of fireworks as allowed by ordinances of the city.

(Ord. No. 3245, § 1, 9-10-02)

Secs. 42-55--42-75. Reserved.

ARTICLE IV.
UNSANITARY AND UNSIGHTLY CONDITIONS ON PRIVATE PROPERTY*

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Editor's note--Ord. No. 3204, adopted Apr. 23, 2002, changed the title of art. IV from "Noxious Conditions on Private Property" to "Unsanitary and Unsightly Conditions on Private Property."

Cross reference(s)--Health and sanitation, ch. 54; offenses and miscellaneous provisions, ch. 74.

State law reference(s)--Municipal authority regarding weeds, rubbish, unsanitary conditions generally, A.C.A. § 14-54-901 et seq.

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Sec. 42-76. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Garbage means all normal kitchen waste, such as vegetable and animal wastes and their by-products; but does not include sewage and human body wastes.

Rubbish means brush, grass, leaves and other normal yard refuse, paper, cans, bottles and empty food and drink containers.

Things include, but are not limited to, the following items: inoperative motor vehicles; inoperative household or commercial appliances; furniture; building materials; building rubbish; defective septic tanks; human or animal excrement; metal, plastic, or paper containers.

(1) Abandoned means that property to which no person claims or exercises the rights of ownership.

(2) Appliances means, but is not limited to, refrigerators, deep freezes, stoves, ovens, air conditioners, washers, dryers, trash compactors, dishwashers, televisions, radios, hot water heaters, and plumbing fixtures.

(3) Building material means, but is not limited to, items such as boards, bricks, cement, nails, pipe, sheet metal, siding, tar paper and windows which have never been incorporated into a structure or which have been removed from a structure and may be readily incorporated into another structure. This article applies only to building material which lies in public view and with respect to which its owner has no definite immediate plans for its use.

(4) Building rubbish means any postconstruction solid waste which, because of its quantity, quality or condition, cannot be readily and immediately put to a beneficial use.

(5) Inoperative means an item which, by mechanical or physical defect, can no longer be used for its intended purpose and which is not serving a functional purpose. Inoperative, which applied to motor vehicles, refers to any motor vehicle which inoperable, dismantled, damaged or is unable to start or move under its own power. A vehicle shall be presumed to be inoperative when any of the following conditions exist:

a. It has not been moved for more than three days.

b. One or more tires are flat.

c. One or more wheels are missing.

d. The hood or trunk is raised or missing and has appeared to remain so for more than three days.

e. Weeds or grass have grown up around the vehicle.

f. The engine is missing.

g. The vehicle has no current vehicle tags or registration.

h. The door or doors, fender or fenders are removed or missing.

i. The front or rear windshield is broken, removed or missing, or the side windows are broken or removed or missing.

(6) Motor vehicle means every device capable of being moved upon a public highway and in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

Unsanitary means that a place, condition or thing is unsanitary when it might become a breeding place for flies, mosquitoes and germs harmful to the health of the community.

Unsightly means that a place, condition or thing is unsightly when it is in public view and offends the then-prevailing standard of the community as a whole, and not limited to a specific area, as to aesthetics or order.

Weeds means any vegetation, lush or decayed, regardless of its beauty or utility and regardless of the fact that it might serve as a sanctuary for animals beneficial to man, which, because of its natural condition or lack of maintenance by the owner or occupant of the property, threatens the health or safety of the community or creates an unsightly condition thereon.

(Ord. No. 3204, 4-23-02)

Editor's note--Ord. No. 3204, adopted April 23, 2002, repealed and reenacted § 42-76 to read as herein set out. Formerly, § 42-76 pertained to the intent and purpose and derived from the Code of 1973, § 18-1.

Sec. 42-77. Clearance of unsightly or unsanitary conditions on real property.

(a) Owners or occupants of real property within the corporate limits of the city are hereby required to cut weeds, remove garbage, rubbish, inoperative motor vehicles or other unsightly or unsanitary things; and eliminate, fill up or remove stagnant pools of water or any other unsanitary thing, place or condition upon their real property.

(b) It shall be unlawful for the owner or occupant of real property to permit the accumulation or development of weeds, garbage, rubbish, inoperative motor vehicles or other unsightly or unsanitary things or conditions on real property within the city.

(c) The dumping of tree cuttings, tree trunks, fill dirt and other appropriate fill material may be permitted to reclaim gullies and ravines upon application to, and approval by, the city planning commission under the following conditions:

(1) Written certification by the applicant that he is the legal owner of the property or that he has the written permission of the property owner.

(2) Access must be completely restricted to the applicant only.

(3) All material must be covered by fill dirt and smoothed over at intervals not to exceed two weeks.

Failure to comply with the above conditions will be grounds for revocation of the permit and may result in the issuance of a citation pursuant to subsections (a) and (b) of this section.

(d) Nothing covered by this article is intended to preclude or conflict with the provisions of chapter 102 and all substances not governed by chapter 102 are to be governed by this article. This article is intended to supplement chapter 22.

(Ord. No. 3204, 4-23-02)

Editor's note--Ord. No. 3204, adopted April 23, 2002, repealed and reenacted § 42-77 to read as herein set out. Formerly, § 42-77 pertained to the duty of property owners and persons holding a possessory interest in property and derived from the Code of 1973, § 18-3.

Sec. 42-78. Lien against real property; notice of abandoned, inoperative vehicle.

(a) If the owner or occupant of any real property within the corporate limits of the city neglects or refuses, after being given seven days' written notice by the police department or code enforcement officers of the city, to remove, abate or eliminate any condition referred to in section 42-77, the city will do whatever is necessary to correct the condition and will charge the cost of the correction to the property owner to secure its costs; the city will perfect a lien against the affected property pursuant to A.C.A. § 14-54-903 et. seq.

(b) Before any abandoned or inoperative motor vehicle is taken into custody and possession from private property, the city shall give the private property owner or occupant and the owner of the motor vehicle, if ascertainable, 30 days' notice by registered or certified mail that such action will be taken unless the motor vehicle is restored to a functional use, disposed of in a manner not prohibited by A.C.A. § 8-6-401, et. seq., or placed in an enclosed building. The 30-day notice may be waived by the owner or occupants of the property jointly and severally.

(c) Any owner/occupant shall be presumed to have notice for the violation if the owner/occupant has received notice of a similar type violation within the previous one year.

(Ord. No. 3204, 4-23-02)

Editor's note--Ord. No. 3204, adopted April 23, 2002, repealed and reenacted § 42-78 to read as herein set out. Formerly, § 42-78 pertained to the failure of owner to abate, abatement by city, and collection of costs, and derived from the Code of 1973, § 18-4.

Sec. 42-79. Service of notice.

(a) Owners of property in violation of this article shall be notified in writing at their current or last-known address.

(b) In case the owner of any lot or other real property is unknown or his whereabouts is not known or is a nonresident of this state, then a copy of the written notice shall be posted upon the premises. Before any action to enforce the lien shall be had, the city clerk shall make an affidavit setting out the facts as to unknown address or whereabouts of nonresidents.

(c) Thereupon, service of the publication, as provided for by law against nonresident defendants, may be had. An attorney ad litem shall be appointed to notify the defendant by registered letter addressed to his last known place of residence if it can be found.

(d) Except as provided in subsection (b) of this section, notices required by this article shall be published, mailed or delivered by the city recorder or clerk or such other person as designated by the city council.

(Code 1973, § 18-5)

State law reference(s)--Notice to unknown or nonresident owners, A.C.A. § 14-54-902.

Sec. 42-80. Enforcement of lien.

(a) The lien provided for in A.C.A. § 14-54-903 may be enforced and collected in either one of the following manners:

(1) At any time within 18 months after work has been done, by an action in the chancery court; or

(2) The amount of the lien may be determined at a hearing before the city council held after 30 days' written notice by certified mail to the owner of the property if the name and whereabouts of the owner are known. If the name of the owner cannot be determined, then the amount will be determined only after publication of notice of the hearing in a newspaper having a bona fide circulation in the county where the property is located for one insertion per week for four consecutive weeks. The determination of the city council is subject to appeal by the property owner in the chancery court. The amount so determined at the hearing, plus ten percent penalty for collection, shall be certified by the city to the tax collector of the county and placed on the tax books as delinquent taxes, and collected accordingly. The amount, less three percent thereof, when so collected shall be paid to the city by the county tax collector.

(Code 1973, § 18-6)

State law reference(s)--Enforcement of lien, A.C.A. § 14-54-904.

Sec. 42-81. Additional penalties.

In addition to any liens provided for in this article, any violation of this article by a property owner and/or person holding a possessory interest in the property, such as a leasehold tenant, are punishable by those penalties prescribed in section 1-9 of this Code.

(Code 1973, § 18-7)

Secs. 42-82--42-90. Reserved.

ARTICLE V.
GRAFFITI*

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Editor's note--Ord. No. 2371, adopted March 14, 1995, did not specifically amend this Code; hence, codification of §§ 1--5 of said ordinance as §§ 42-91--42-95 herein was at the editor's discretion.

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Sec. 42-91. Defined.

Graffiti means and includes any unauthorized inscription, word, figure or design or collection thereof, which is marked, etched, scratched, painted, drawn or printed on any structural component of any building structure or other facility, regardless of the nature of the material of that structural component.

(Ord. No. 2371, § 1, 3-14-95)

Sec. 42-92. Declaration as unsightly and a nuisance.

The existence of graffiti on buildings, or on structures, including but not limited to, fences or walls, located upon any property in the city is declared a nuisance.

(Ord. No. 2371, § 2, 3-14-95)

Sec. 42-93. Removal.

Whenever the city becomes aware of the existence of graffiti visible from the public right-of-way on any property, including structures or improvements within the city, the police department, upon such discovery, shall give or cause to be given, notice to the owner of the property or the property owner's agent, and/or any leasehold tenant, to take corrective action and remove the graffiti from the property within seven days from the date the notice is served.

(Ord. No. 2371, § 3, 3-14-95)

Sec. 42-94. City's right to take corrective action.

If the graffiti is not removed by the owner in the required time provided by the previous section in this article, then the city shall have the right to enter upon private property to the extent necessary to take corrective action. The city may then seek the cost of the graffiti removal from the property owner and/or leasehold tenant.

(Ord. No. 2371, § 4, 3-14-95)

Sec. 42-95. Possession of spray paint and markers.

Possession of spray paint and markers with intent to make graffiti is prohibited. No person shall carry an aerosol spray paint can or broad tipped indelible marker with the intent to make graffiti.

(Ord. No. 2371, § 5, 3-14-95)

Secs. 42-96--42-125. Reserved.

ARTICLE VI.
TREES*

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Cross reference(s)--Landscape and buffers, ch. 56; parks and recreation, ch. 78.

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DIVISION 1.
GENERALLY

Secs. 42-126--42-150. Reserved.

DIVISION 2.
PLANTING, MAINTENANCE AND REMOVAL*

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Editor's note--Ord. No. 4120, §§ 1--9, adopted Oct. 9, 2007, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as §§ 42-151--42-159.

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Sec. 42-151. Purpose.

It is the purpose of this division to promote and protect the public health, safety, and general welfare by providing for the development of a community forestry plan to address the planting, maintenance, and removal of public trees in order to promote the benefits of our community forest resources within the city.

(Ord. No. 4120, § 1, 10-9-07)

Sec. 42-152. Definitions.

[The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Dripline means an imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground.

Hazardous tree means a tree or tree parts with high probability of falling or causing injury or property loss; also, a tree harboring insects or a disease that could be detrimental to surrounding trees.

Person means an individual, firm, corporation, partnership, business, group of individuals, city department or other entity which acts singly or collectively for a common purpose.

Public grounds means areas including street rights-of-way, alleys, parks, medians, substations, treatment plants, plazas, squares, public buildings and any other area designated for public use.

Street right-of-way means the area designated for city improvements on both sides of the street.

Topping, also referred to as stubbing, dehorning and heading; it is the severe removal of the tree canopy back to large stubs.

Tree means any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normal attaining a trunk diameter greater than three inches at DBH (diameter breast height) and a height of over ten feet.

(Ord. No. 4120, § 2, 10-9-07)

Sec. 42-153. Administration.

(a) A tree advisory committee will be established and serve in an advisory nature with the purpose of providing advice to the mayor and city council as to the management of the community forest of Springdale, in accordance with the intents and purposes of this division.

(b) The mayor will designate one of the existing department heads to coordinate and oversee all provisions of this division including the work of the tree advisory committee.

(Ord. No. 4120, § 3, 10-9-07)

Sec. 42-154. Establishment of a tree advisory committee.

The purposes of the tree advisory committee shall be promoting the responsible planting of trees on public and private property, public education about trees, promotion of proper maintenance of trees, advocating trees within the city, and developing innovative and joint funding for projects from a variety of sources.

(1) The committee shall consist of a total of seven members, with all members being residents of the city, and shall be appointed by the mayor.

(2) Terms of membership shall be for a period of four years. However, three of the initial membership terms shall be for a period of two years so as to provide for staggered membership terms. Should a member be unwilling or unable to serve the full membership term, the vacancy shall be filled, for the unexpired term, by the mayor.

(3) Staff support to the committee shall be appointed by the mayor from employees of the department of planning, department of public works and/or the department of parks and recreation.

(4) Members of the committee shall serve without compensation.

(5) The committee shall hold regular meetings and may call special meetings if necessary to carry out its duties.

(6) The committee shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings and file them with the city clerk.

(7) It shall be the responsibility of the committee to study, investigate, consult, develop and update annually, a written recommendation for the care, preservation, pruning, planting or removal of trees and shrubs in parks, along streets, and in other public areas. Such recommendation will be presented annually to the mayor and city council.

(8) The committee will investigate available grants, loans or contributions from other governmental agencies, public or private corporations or individuals to support their recommendations.

(9) The committee will encourage and foster the planting of trees and other vegetation for the beautification of the city; and disseminate information to the public concerning selection and care of trees.

(Ord. No. 4120, § 4, 10-9-07; Ord. No. 4128, § 4, 10-23-07)

Sec. 42-155. Tree planting, maintenance and removal.

It is the public policy of the City of Springdale to maintain existing trees on public property and to encourage the planting of new trees within Springdale.

(1) The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the public right-of-way of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve and enhance the symmetry and beauty of such public grounds.

(2) The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign or sight triangle at intersections.

(3) Each city department shall be responsible for enforcing this division on lands for which it is otherwise responsible. The mayor or his or her designee will ensure that the applicable department will administer this division in its assigned area of responsibility.

(4) It shall be a violation of this division to damage, destroy or mutilate any tree in a public right-of-way or on other public grounds, or attach or place any rope or wire, sign, poster, handbill or any other object to any such tree.

(5) Trees shall not be planted to conceal a fire hydrant from the street or impede the line of sight on any street.

(6) City employees performing tree work on public grounds shall be trained in basic tree science and the proper techniques of tree pruning.

(7) Public utility companies shall notify the city prior to pruning any tree located on city-owned property or street right-of-way for the purpose of maintaining safe line clearance and shall carry out all such work in accordance with accepted arboricultural practices.

(Ord. No. 4120, § 5, 10-9-07)

Sec. 42-156. Hazardous and nuisance trees.

(a) The city shall have the right to cause the removal of any dead or diseased trees within the city, when such trees constitute a hazard to life or property, or harbor insects or disease which constitutes a potential threat to other trees within the city. In the event of failure of owners to comply with such provisions, after having been given seven days notice, the city shall have the authority to remove such trees and charge the cost of removal thereof as a lien on the property pursuant to A.C.A. § 14-54-903.

(b) It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees, to prune such trees in such manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct view of any street or alley intersection.

(Ord. No. 4120, § 6, 10-9-07)

Sec. 42-157. Tree protection.

No person shall deposit, place, store, or maintain upon any public place of the municipality, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, or nutrients to the roots within the dripline of any tree growing therein, except by written permit of the city.

(Ord. No. 4120, § 7, 10-9-07)

Sec. 42-158. Penalty.

Any person violating any provision of this division shall be subject to the penalties set out in section 1-9 of this Code.

(Ord. No. 4120, § 8, 10-9-07)

Sec. 42-159. Conflicts in regulation.

(a) Where a conflict arises between this division and another ordinance, the more stringent requirement shall apply.

(b) The provisions of this division are declared separable, and if any provision shall for any reason be held illegal, or invalid, it shall not affect the validity of the remainder of the division.

(Ord. No. 4120, § 9, 10-9-07)

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