1396 i
ORDINANCE NO. 1396 ( #01 - 10)
AN ORDINANCE AMENDING AND MODIFYING JACKSONVILLE MUNICIPAL
CODE 55 8.03.013 AND 8.03.019 SO AS TO PROVIDE FOR PARKING ON
PUBLIC STREETS AND RIGHTS OF WAY UNDER CERTAIN CONDITIONS; AND,
FOR OTHER PURPOSES.
WHEREAS, since Implementation of Jacksonville's Nuisance and Abatement
Ordinance (Ordinance No. 1381), certain provisions have caused confusion regarding
parking of vehicles on streets and rights -of -way. To clarify said provisions, the City
Council believes amendments included herein will better serve the general public and
still continue to address original concerns as voiced when Ordinance 1381 was enacted.
As has been repeatedly stated, such health and safety provisions and implementations
are for the betterment, health, and safety of the citizens and employees of Jacksonville.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: Jacksonville Municipal Code § 8.03.013. Nuisances
and Non - Complying Conditions — Abandonment of Motor Vehides - Public
Property is hereby amended to include the following:
J Jacksonville Municipal Code § 8.03.013. Nuisances and Non - Complying
Conditions — Abandonment of Motor Vehides - Public Property. No person shall
abandon or leave any motor vehicle, attended or unattended, upon any public property
or public right of way (or within Three feet (3') thereof) within the City. The presence of
such a motor vehicle or parts thereof is thereby declared to be a public nuisance, and
said nuisance shall be abated in compliance with the terms of this Ordinance or ACA §
27 -50 -1201, et. seq. Upon discovery, the vehicle will be tagged and the owner(s)
and /or responsible party given Twenty- four (24) hours to remove said vehicle from the
public property or right -of -way if, in the discretion of the Code Enforcement Officer(s),
immediate removal of said vehicle is not required for public safety reasons.
An exception shall be granted in circumstances where a person utilizes the street
or public right of way immediately adjacent to his /her residence or that of another for
purposes of visiting /entering said residence for a temporary purpose. In such
circumstances, a vehicle may be parked in such a manner so as not to block or impede
the flow of traffic on said street or right of way. However, no person shall regularly park
his /her /their vehicle in a street/right of way on a daily or consistent basis. If such is
found to be the case, a nuisance may be declared, and Code Enforcement shall so notify
the owner /operator of said vehicle and, if necessary, have said vehicle removed from
the public right of way.
SECTION TWO: WC @ 8.03.019. Nuisances and Non - Comolvinq
Conditions — Impediments to City Streets, Easements, or Rights- of -Way is
hereby amended to include the following:
000002
ORDINANCE NO, 1396 ( #01 -10)
PAGE TWO
Jacksonville Municipal Code 48.03.019. Nuisances and Non - Complying
Conditions — Impediments to City Streets, Easements, or Rights-of-Way. The
City owns property rights throughout the jurisdiction of this Code which are necessary
for the efficient flow of traffic, storm water, utility service, and other public purposes.
Impediments to these property rights are declared to be a public nuisance under such
conditions that impede the efficient flow of traffic, storm water, utility service, and other
such intended uses of the City's rights of way, as a reduction in public benefit of
easements /access to public property can endanger the health and welfare of citizens
and employees who utilize and depend on such property rights. Law Enforcement
Officers and /or Code Enforcement Officers shall have the authority to order the
immediate removal of any such impediment to the use of public streets, sidewalks,
drains, ditches, utilities, easements, or other right -of -ways. If the apparent owner of
the impediment is not known, available, or willing to remove the impediment, any Law
Enforcement Officer and /or Code Enforcement Officer may cause the same to be
removed when deemed necessary by said officer. Any person who is aggrieved by the
actions of an Officer under this Subsection may appeal the same pursuant to the
provisions of this Code.
SECTION THREE: All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION FOUR: This Ordinance shall take effect immediately upon
passage and publication, as provided by and subject to the requirements of applicable
law. r
APPROVED AND ADOPTED THIS ifrik. DAY OF JANUARY, 2010.
y. , f 0 , A OF 'ACKSONVILLE, ARKANSAS
)•- - mo d ' ;
1 4 , � ; GA LETCHER, MAYOR
1111 .. �
L <' ' • APR o VE AS To OR; :
' 7 Inf s o . A t-
_ _..,,.Ar t AS
SUSAN DAV ' C CLERK RO8 "T E. BA acw, '