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0160 _ % at • ' ORDINANCE NO. ga AN ORDINANCE ADOPTING A FIRE PREVENTION CODE, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE - CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION 1. ADOPTION OF FIRE PREVENTION CODE. There is hereby adopted by the City Council of the City of Jacksonville, Arkansas, for the purpose of prescribing regulations governing conditions haLardous to life and property from fire or expllsion, that certain code known as the FIRE PREVENTION CODE, ABBREVIATED EDITION, recommended by the National Board of Fire Underwriters, being particularly the 1960 edition thereof and the whole thereof, of which code nit less than three (3) copies have been and now are filed in the office of the City Clerk and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Jacksonville, Arkansas. SECTION 2. ENFORCEMENT The code hereby adopted shall be enforced by the Chief of the Fire Department of the City of Jacksonville, Arkansas. SECTION 3. DEFINITION. Whenever the word "Municipality" is used in the code hereby adopted, it shall be held to mean the City of Jackson- ville, Arkansas. SECTION 4. ESTABLISHMENT OP LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS, BULK STORAGE OF LIQUEFIED PETROLEUM GASES AND STORAGE OF EXPLMSI9ES AND BLASTING AGENTS IS TO BE RESTRICTED. The limits referred to in Section 73 of the code here- by adopted in which storage of flammable liquids in outside aboveground tanks is prohibited, the limits referred to in Section 103 of the code hereby adopted, in which bulk storage of liquefied petroleum gas is restricted, and the limits referred to in Section 53 B of the code hereby adopted, in which + . Y Page storage of explosives and blasting agents is prohibited, are hereby established as set forth in the map attached hereto, marked "Map Exhibit = 1," and .made a part hereof as though specifically described herein by metes and bounds. SECTION 5. MODI_+' ICAT IONS , The Chief of the Fire Department shall have power to modify any of the provisions of the code hereby adopted upon application in writing by the owner or lessee, or his duly authori.:ed agent, when there are practtcal difficulties in the way of carrying out the strict letter of the code, provided that the spirtt of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Chief of the Fire Department thereon shall be entered upon the records of the department and a sighed copy shall be furnished the applicant. SECTION 6. APPEALS. Whenever the Chief of the Fire Department shall dis- approve. an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire De- partment to the City Council of the City of Jacksonville, Arkansas, within thrity (30) days from the date of the decision appealed. SECTION 7. PENALTIES. A. Any person who shall violate any of the provisions of the code hereby adopted or fail to complytherewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by the City Council or by a court of competent jurisdiction, w t s w � Page 3 within the time ?y ::c2 fixed herein, shall severally for . each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than Twenty -Five ($25.00) Dollars or by imprisonment for not less than one (1) day nor more than thirty (30) days, or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be re- quired to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall con- stitute a spearate offense. Upon a second or subsequent violation or non compliance hereunder, such pffender shall be punished by a fine of not less than fifty ($50.00) Dollars, or not less than thirty (30) days imprisonment or by both such fine and imprisonment. B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 8. RWEAL OF CONFLICTING ORDINANCES, All former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or of the code hereby adopted are hereby repealed. SECTION 9. VALIDITY. The City Council hereby declares that should any sec- tion, paragraph, sentence, or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of said City Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 10. DATE OF EFFECT. This Ordinance shall take effect and be in full force from and after its approval as required by law. APPROVED AND ADOPTED THIS day of August, A.D., 1965. • ATTEST: • CITY CLERK ORDINANCE NO. ,, NV _ AN ORDINANCE REPEALING THE FOLLOWING ORDINANCES AND SEC- TIONS OF ORDINANCES: ORDINANCE NO. 6; ORDINANCE NO. 24, SECTION 7; ORDINANCE NO. 135, SECTION 12; ORDINANCE NO. 157, ■ SECTIONS 5, 8, 9(D); ORDINANCE NO. 139, SECTION 3; ORDINANCE NO. 102; AMENDMENT 1 TO ORDINANCE NO. 102; ORDINANCE NO. 160; ORDINANCE_ NO. 236, SECTION 10; ORDINANCE NO. 208, SEC'T 3; ORDINANCE NO. 150, SECTION 6(E); ORDINANCE NO., 15, SECTION 2; ORDINANCE NO. 133, SECTION 2; ORDINANCE NO. 85, Sc'CTION 2; ORDINANCE NO. 16, SECTIONS 1, 2, 6, 7; ORDINANCE NO. 13, SECTION 2; ORDINANCE NO. 19; ORDINANCE NO. 4; ORDINANCE NO. 156, SECTION 5; ORDINANCE NO. 40, SECTION 2; ORDINANCE NC). 137, SECTION 4; ORDINANCE NO. 266, SECTION 2; ORDINANCE NO. 17, SECTIONS 2, 3; AMENDMENT' 1, ORDINANCE NO. 43; ORDINANCE NO. 119; ORDINANCE NO. 190, SECTION 7; ORDINANCE NO. 144; SECTION 3; ORDINANCE: NO. 10; ORDINANCE NO. 20; ALL OF ORDINANCE NO. 159 EDCCE P1' SECTION 3; ALL OF ORDINANCE NO. 218 EXCEPT SECTION 3; ORDINANCE NO. 252, SECTION 6; ORDINANCE NO. 31; ORDINANCE NO. 105, EXCEPT SECTION 2; ORDINANCE NO. 32; ORDINANCE (N10. 36; ORDINANCE NO. 57; ORDINANCE NO. 109; ORDINANCE NO. 134; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF • THE CITY OF JACKSONVILLE, ARKANSAS, That: SECTION 1. The following ordinances and sections of ordinances are hereby repealed, to- --wit: Ordinance No. 6; Ordinance No. 24, Section 7; Ordinance No. 135, Section 12; Ordinance No. 157, Sections 5, 8, 9(D); Ordinance No. 139, Section 3; Ordinance No. 102; A•nendment 1, Ordinance No. 102; Ordinance No. 160; Ordinance No. 236, Section 10; Ordinance No. - 2.08, Section 3; Ordinance No. 150, Section 6(E); Ordinance No. 15, Section 2; Ordinance No. 133, Section 2; Ordinance No. 85, Section 2; Ordinance No. 16, Sections 1, 2, 6, 7; Ordinance No. 13, Section 2; Ordinance No. 19; Ordinance No. 4; Ordinance No. 156, Section 5; Ordinance No. 40, Sec- tion 2; Ordinance No. 137, Section 4; Ordinance No. 266, Section 2; Ordi- nance No. 17, Sections 2, 3; Amendment 1, Ordinance No. 43; Ordinance No. 119; Ordinance No. 190, Section 7; Ordinance No. 144, Section 3; Ordinance No. 10; Ordinance No. 20; all of Ordinance No. 159 except Section 3; all of Ordinance No. 218 except Section 3; Ordinance No. 252, Section 6; Ordinance No. 31; Ordinance No. 105, except Section 2; Ordinance No. 32; Ordinance No. 36; Ordinance No. 57; Ordinance No. 109; Ordinance No. 134. SECTION 2. For the immediate preservation of the public peace, 1 • Page Two health and safety an emergency is declared to exist and this ordinance shall take effect immediately after its passage and approval. PASSED: Z-? 9 ) it 7--/ APPROVED: / ' • ././ • • -I- Mayer ATTEST: / • / City Cleric .is.73) 12 :ZO FORM; Ben L. Rice, i:orner