09516_741
ORDINANCE NO, 951 (014-91)
AF ORDINANCE AMENDING ORDINANCE NOS. 604 AND 620, SFECIFI
CALLY CODIFIED AS JACKSONVILLE MUNICIPAL CODE SECTIONS NO.
13.24,060 AND 13.24.090, TO INCREASE PENALTY PROVISIONS;
DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: Ordinance No. 604, specifically codified
as Jacksonville Municipal Code Section No. 13.24.090, second
paragraph, is hereby amended to read as follows:
Any person who shall continue any violation beyond
the time limit provided for in this section shall be
deemed guilty of a misdemeanor and upon conviction
thereof, shall be fined in an amount not less than
Twenty-five Dollars ($25.00) nor more than One Thousand
Dollars ($1,000,00) for eact violation. Each day in
which any such violation con v and/or exists is
deemed a separate offense.
SECTION TWO: Ordinance No. 620, specifically codified
as Jacksonville Municipal Code Section No. 13.24.060, is
hereby amended to read as follows:
7.1 Any person who is found to have violated an Order
of the Commission or who willfully or negligently failed
to comply with the provisions and their subsequent
amendments, and the orders, rules, regulations, and
permits issued hereunder shall be fined not less than
Twenty-five Dollars ($25.00) nor more than One Thousand
Dollars ($1,000.00) for each offense. Each day on which
a violation continues and/or exists is deemed a separate
offense.
7.2 Any person who knowingly makes any false state-
ments, representations, or certifications in any
application, record, report, plan, or other document
filed or required to be maintained pursuant to this
section and/or the terms of the Wastewater Contribution
Permit, or who falsifies, tampers with, or knowingly
renders inaccurate any monitoring device, shall upon
conviction, be punished by a fine of not more than One
Thousand Dollars ($1,000.00) or by imprisonment for not
more than six (6) months, or by both,
7.3 Any person who violates any provision of this
section, or any orders, rules, regulations, and permits
issued hereunder, shall be liable civilly to a penalty
not to exceed One Thousand Dollars ($1,000.00) for each
offense. Each day on which a violation continues and/or
exists is deemed a separate offense. Any such penalties
imposed under the provisions of this section shall not
be construed as liquidated damages, and shall accrue in
addition to any liability for any consequential damages
or additional operating expense resulting from the
violation for which the penalty is imposed. Consequen-
tial damages shall include, but not be limited to, any
fines and penalties imposed upon the Jacksonville
Wastewater Utility and/or the City of Jacksonville
public authorities.
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SECTION THREE: The invalidity of any part of this
Ordinanc;e shall not invalidate any other part hereof.
SECTION FOUR: All Ordinances and Resolutic-ins, or parts
thereof., in conflict with this Ordinance are hereby repealed
to the extent of that conflict.
SECTION FIVE: Immediate implementatir.)n -if the terms of
this Ordinance are necessary to the health and welfare of the
citizens. Therefore, an emergency is hereby declared and
this Ordinance shall take effect immediately upon its passage
and publication, as provided by and subject to applicable
law.
APPROVED AND ADOPTED THIS 15th DAY OF AUGUST, 1991.
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ATTEST:
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LULA—M. LEONARD, 71ITY CLERK
MWOMI