1313 ORDINANCE NO. 1313 ( #12 - 07)
AN ORDINANCE AMENDING JMC 58.08,030 (DEFINITIONS) 10 INCLUDE
ADDITIONAL DEFINITIONS REGARDING TRASH AND LITTER; AND, FOR
OTHER PURPOSES.
WHEREAS, in continued efforts to eliminate unsightly and unsanitary
conditions within the City of Jacksonville the City Council has determined that
additional clarification is needed to assist Code Enforcement and other city officials
in enforcement efforts against those who violate these provisions.
NOW THEREFORE BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL 6F THE CITY 6F JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: JMC § 8.08.030 (DEFINITIONS) is hereby amended and
modified to include the following:
H. LITTER - Misplaced or mishandled garbage, waste, or trash not
disposed of in an appropriate manner or container.
I. MOTOR VEHICLE - Any self propelled land vehicle designed to
travel along the ground without the use of rails. Said definition shall include, but not
be limited to: automobile; bus; camper; go cart; golf cart; lawn tractor; moped;
motorcycle; motor home; tractor; trailer; and, truck. ** *For purposes of this Code,
motor vehicle shall also be a comprehensive term including boats, motor veh /c/es,
and trailers as defined here /n when used in this Chapter. * **
J. NON - COMPLYING CONDITION - Any physical condition(s) or
use of any premises which is unsightly, unsanitary, or which is littered with rubbish,
car parts, old appliances, building materials, paper, clothing, or garbage, or which
has an uncontrolled growth of weeds, grass, shrubs, trees, or underbrush.
K. OPEN STORAGE - Open storage shall include, but not be
limited to, placing an item any place on premises which does not have a roof and
walls, with or without doors, completely around the space where the item is placed
and such walls must be solid construction for the area so as not to be considered
open storage.
L. PRIVATE PROPERTY - Any real property within the City limits
which is privately owned by an individual(s), business(es), corporation(s),
partnership(s), or entity.
N. PUBLIC NUISANCE - Includes any one or more of the following:
1. Any physical condition or use of any premises regarded as a
public nuisance in common law;
2. Any physical condition or use of any premises which injures or
endangers the comfort, repose, health, or safety of others;
3. Any physical condition or use of any premises which offends
common decency;
4. Any physical condition or use of any premises which unlawfully
interferes with, obstructs or tends to obstruct, or renders dangerous for
passage any public or private street, highway, sidewalk, stream, ditch, or
dra inage;
5. Any physical condition or use of any premises which essentially
interferes with the comfortable enjoyment of life and property or negatively
impacts the aesthetics of the community;
ORDINANCE NO. 1313 ( #12 — 07)
PAGE TWO
6. Any physical condition or use of any premises or its
appurtenances considered an attractive nuisance for children including, but
not limited to; abandoned wells or shafts; abandoned basements; excavation
area(s); unsafe fence(s); unsafe structure(s);
7. Any physical condition or use of any premises which has
inoperable or unsanitary sewerage or plumbing facilities;
8. Any physical condition or use of any premises designated as
unsafe for human habitation or use;
9. Any physical condition or use of premises which is manifestly
capable of being a fire hazard or are manifestly unsafe or insecure to the
point of endangering life, limb, or property;
10. Any physical condition or use of any premises which is
unsightly, unsanitary, or which is littered with rubbish, car parts, old
appliances, building materials, paper, clothing, or garbage, or which has an
uncontrolled growth of weeds, grass, shrubs, trees, or underbrush;
11. Any physical condition or use of any premises where the
structure or building is in a state of dilapidation, deterioration, or decay,
constructed in a faulty or less than workmanship manner, is overcrowded in
accordance with the terms of Table 8.08.02, remains unsecured for over
thirty (30) days, remains vacant for a period in excess of six (6) months, is
abandoned, is damaged by fire or other calamity to the extent that it no
longer is fit to provide shelter, is in danger of collapse or failure, serves as
a danger to anyone on or near the premises, is maintained or kept in an
unsanitary condition so as to constitute a menace to the health of those
residing in the vicinity thereof, or constitutes a fire hazard or other such
danger to the vicinity in which it is located; or,
Table 8,08.02 Minimum Occu' -n Area R- •uirements
1 -2 Occu.ants 3- 5Occu.ants 6 or more
Living Room No re•uirements 120 150
Dinin Room No re •uirements 80 100
Kitchen 50 50 60
12. Any physical condition or use of any premise where the
property is blighted or in such a state of disrepair as to cause an unsafe,
unsanitary, or unsightly condition(s).
O. RUBBISH /TRASH - Combustible and non - combustible waste
materials, except garbage. The term shall include but is not limited to: residue from
the burning of wood; coal; coke; and other combustible materials; paper products;
rags; cartons; boxes; wood; rubber; leather; tree branches; yard trimmings; tin
cans; or other such metals; mineral matter; glass products; plastic products;
cigarette butts, crockery; and, dust and other such similar materials.
P. TRAILER - Any free - wheeling object designed or intended to be
pulled or towed behind a motor vehicle, to include, but not be limited to: boat
trailer(s); camper trailer(s); cargo trailer(s); farm implement trailer(s); golf cart
trailer(s); livestock trailer(s); and, utility trailer(s).
SECTION TWO: All Ordinances or parts thereof in conflict herewith are
hereby repealed to the extent of said conflict.
ORDINANCE NO. 1313 ( #12 — 07)
PAGE THREE
SECTION THREE. This Ordinance shall be in effect from and after its date
of passage and publication, pursuant to and in accordance with applicable law.
APPROVED AND ADOPTED THIS 1 & DAY OF JUNE, 2007.
CITY OF JACKSONVILLE, ARKANSAS
i SWA S MAYOTOMR
M .
SUSAN D VIII, CITY LERK
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ROB • T E. BA �� TTORN