1696ORDINANCE NO. 1696 (#15-2022)
AN ORDINANCE AMENDING AND REVISING VARIOUS JACKSONVILLE
MUNICIPAL CODES CONCERNING BUSINESS LICENSES, PROPERTY
MAINTENANCE, AND BUILDING CODES; AND DECLARING AN EMERGENCY;
AND, FOR OTHER PURPOSES.
WHEREAS, City officials believe certain parts of the Jacksonville Municipal Code
regarding business licenses, property maintenance, and building codes are conflicting and out-of-
date. As a result, the City Council believes the following amended provisions and additional
requirements are necessary to update and amend the Jacksonville Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS:
SECTION ONE: JMC § 5.04. 100 (Business Privilege License Schedule) shall now include the
following:
22) Apartment Communities / Management Companies ....$100.00
SECTION TWO: JMC § 8.01.002 (Applicability) shall be amended to read as follows:
The provisions of this Code shall apply to all residential and nonresidential structures and
premises within the City of Jacksonville, Arkansas. These provisions constitute minimum
requirements and standards for premises, structures, equipment and facilities for light,
ventilation, space, heating, sanitation, protection from the elements, life safety, safety from
fire and other hazards, safe and sanitary property and improvement maintenance,
responsibility of owners, operators, and occupants, the occupancy of existing structures,
improvements, and premises, and for administration, enforcement, and penalties for
violations of these standards and provisions. Structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum level of health and
safety as specified herein. Repairs, alterations, additions to, and change of occupancy in
existing buildings shall comply with the current edition(s) of the Arkansas and
International Building Codes for Electrical, Fire Prevention, HVAC, Historical,
Mechanical, Plumbing, and all current editions of various applicable Building and Property
Maintenance Codes as specified in JMC § 16.04.010. Where different standards or
requirements are imposed by this Code and other competent authority or by different
sections of this Code, the most restrictive standard or requirement shall govern.
SECTION THREE: JMC § 16.04.010 (Adopted) shall be amended to read as follows:
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^` There is adopted by the City Council, for the purpose of prescribing and governing regulations
in the building, construction, and safety industry, the following codes and provisions reference
below are hereby adopted, incorporated, and are to be controlling within the City of
Jacksonville:
2012 International Building Code or Current Edition
2012 International Residential Code or Current Edition
2009 International Energy Conservation Code or Current Edition
2021 International Property Maintenance Code or Current Edition
Arkansas Fire Prevention Code -Vols. 1 & 2, and 3 2007 or Current Edition
National Fire Prevention Association (N.F.P.A.) Life Safety Code
Arkansas State Fuel Gas Code -2008 or Current Edition
Arkansas Mechanical Code -2003 or Current Edition
Arkansas Plumbing Code -2006 or Current Edition
National Electric Code -2008 or Current Edition
International Mechanical Code 2018 or Current Edition
Provisions for applicable other Code(s) adopted or referenced herein shall always reference
the most recent and current edition of said Code(s), whether specified or not. Multiple copies
of all such applicable Code(s) shall be on file in the Office of the City Clerk, the Code
Enforcement Office, Engineering or Building Inspector, and, where applicable, the Fire
Marshal.
SECTION FOUR: JMC § 8.01.016 (Citations and Enforcement) shall be amended to the
following:
In addition to powers granted Code Enforcement Officer(s), Fire Marshal, and officers of
the Jacksonville Police Department in this Ordinance, said officers are hereby authorized
to issue citation(s) to or request an Affidavit of Warrant for any business(es), entity(ies),
individual(s), and/or partnership(s) for violation of any provision(s) of this Code. All
citations shall be in a form approved by the Jacksonville Municipal Court, shall designate
the offense(s) charged, and shall require the charged party(ies) to appear before the
Jacksonville Municipal Court on a date certain to respond to the charge(s) assessed. All
affidavits shall be in a form provided by the City Attorney and approved by the Municipal
Court, shall be signed by the issuing officer(s) and sworn to before court personnel, and
shall be filed with the Jacksonville Municipal Court for prosecution. All such warrants of
arrest issued hereunder shall be processed in the same manner prescribed by law for
criminal violation warrants.
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SECTION FIVE: JMC § 8.03.005 (Nuisances and Non -Complying Conditions — Citations)
shall read as follows:
In addition to powers granted Code Enforcement Officer(s), Fire Marshal, and officers of
the Jacksonville Police Department in this Ordinance, said officers are hereby authorized
to issue citation(s) to or request an Affidavit of Warrant for any business(es), entity(ies),
individual(s), and/or partnership(s) for violation of any provision(s) of this Code. All
citations shall be in a form approved by the Jacksonville Municipal Court, shall designate
the offense(s) charged, and shall require the charged party(ies) to appear before the
Jacksonville Municipal Court on a date certain to respond to the charge(s) assessed. All
affidavits shall be in a form provided by the City Attorney and approved by the Municipal
Court, shall be signed by the issuing officer(s) and sworn to before court personnel, and
shall be filed with the Jacksonville Municipal Court for prosecution. All such warrants of
arrest issued hereunder shall be processed in the same manner prescribed by law for
criminal violation warrants.
SECTION SIX: JMC § 8.01.037 (Destruction and Removal or Repair by
Owner/Occupant/Interested Party) shall read as follows:
The Owner(s)/Occupants/Interested Party(ies) of any structure that has been condemned
by Ordinance or Resolution of the City Council due to the building being so deteriorated
or dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or
otherwise unfit for human habitation or occupancy, and such that it is unreasonable to
repair the structure, shall demolish and remove such structure within Thirty (30) days; or
if such structure is capable of being made safe by repairs, shall repair and make safe and
sanitary, or shall board up and hold for future repair or to demolish and remove at the
owner's option; or where there has been a cessation of normal construction of any structure
for a period of more than two years, the Code Official shall order the owner or owner's
authorized agent to demolish and remove such structure, or board up until future repair.
Boarding the building up for future repair shall not extend beyond one year, unless
approved by the Code Enforcement Office.
No person shall be allowed to repair or refurbish a condemned structure without approval
of Code Enforcement and the issuance of a Building Permit by the Engineering Office that
requires all non -complying condition and repairs to be completed within the timeframe
approved by the City Council. It is the responsibility of the Owner and/or Occupant to
secure any extension of time to allow the repair or refurbishment of a condemned structure
from the City Council.
SECTION SEVEN: JMC § 8.01.038 (Destruction and Removal by City) shall read as follows:
If the condemned structure has not been torn down and removed, or otherwise abated,
within Thirty (30) days after the notice requirements of Subsection 8.01.034 have been
met, then the Code Enforcement Office shall supervise the removal of any such structure
in such a manner as deemed appropriate under existing circumstances. If the structure has
a substantial value, it or any saleable materials thereof may be sold at public sale to the
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highest bidder for cash using procedures provided by Arkansas law. The costs of removal
will be presented to City Council for certification and collection from the
Owner/Occupant/Interested Party(ies).
SECTION EIGHT: JMC § 8.01.044 (Costs and Penalties for Violation of Code) shall read as
follows:
A penalty as provided by this Code is hereby imposed against the owner/occupant(s) of
any structure condemned by Ordinance or Resolution of the City Council Thirty (30) days
after such structure has been condemned. Each day thereafter such nuisance is not abated
constitutes a separate and distinct offense, provided appropriate Notice as provided in
Subsection 8.01.034 has been given within Ten (10) days after such structure has been
condemned.
Furthermore, a Thirty Dollar ($30.00) late fee will be assessed after Thirty (30) days from
the date of invoice of nonpayment on any assessment for costs incurred by the City to
remove/repair any Code violation cited under applicable portions of this Code.
SECTION NINE: JMC § 8.01.049 (Relief from Personal Liability) shall read as follows:
Any Code Enforcement Officer(s) or authorized representative(s) who acts in good faith in
the discharge of duties to enforce the terms of this Code is relieved of all personal liability
for any damage accruing by persons or property as a result of such acts or alleged failure
to act. Further, the Code Enforcement Officer(s) shall not be held liable for any costs in
any action, suit, or proceeding that is instituted by the Code Enforcement Officer in the
enforcement of Code provisions. In any such action, the Code Enforcement Officer or
employee shall be defended or represented by the City Attorney and/or authorized
representative(s) until final termination of any such legal proceedings.
SECTION TEN: JMC § 8.01.079 (Rodent Harborage) shall read as follows:
All structures shall be kept free from insect and rodent infestation. Structures in which insects
or rodents are found shall be promptly exterminated by approved processes that will not be
injurious to human health. After pest elimination, proper precautions shall be taken to prevent
re -infestation. Responsibilities for extermination are described as follows:
(A) Owner: The owner of any structure shall be responsible for pest elimination within
the structure prior to renting or leasing the structure.
(B) Single Occupant: The occupant of a one -family dwelling or of a single -tenant non-
residential structure shall be responsible for the pest elimination on the premises.
(C) Multiple -Occupancy: The owner of a structure containing two or more dwelling units,
a multiple occupancy, a rooming house or a non-residential structure shall be
responsible for pest elimination in the public or shared areas of the structure and
exterior property. If infestation is caused by failure of an occupant to prevent such
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infestation in the area occupied, the occupant and owner shall be responsible for pest
elimination.
(D) Occupant: The occupant of any structure shall be responsible for the continued rodent
and pest -free condition of the structure.
Exception: Where the infestations are caused by defects in the structure, the owner
shall be responsible for the pest elimination.
SECTION ELEVEN: JMC § 8.01.081 (Accessory Structures and Buildings), previously JMC
§ 8.08.080, shall be developed and shall read as follows:
All accessory building(s) and structure(s), including detached garages, fences,
outbuildings, and walls, shall be properly maintained, structurally sound, and kept in a
constant state of good repair so as to prevent any public nuisance and/or non-compliant
condition.
All fencing, screening, walls, or other such construction shall be in compliance with the
terms of JMC § 8.05, which prohibits the use of barbed wire, razor wire, or other sharp
materials in the construction of fencing, screening, or walls.
SECTION TWELVE: JMC § 8.01.082 (Motor Vehicles) shall be developed and read as
follows:
Except as provided for in other regulations, no inoperable or unlicensed motor
vehicle shall be parked, kept or stored on any premises, and no motor vehicle shall at
any time be in a state of major disassembly, disrepair, or in the process of being stripped
or dismantled. Painting of motor vehicles is prohibited unless conducted inside an
approved spray booth. For specific requirements related to the removal of wrecked or
inoperable vehicles, refer to subsection 8.03.014.
Exception: A motor vehicle of any type is permitted to undergo major overhaul, including
body work, provided that such work is performed inside a structure or similarly enclosed
area designed and approved for such purposes.
SECTION THIRTEEN: JMC § 8.01.083 (Defacement of Property) shall be developed read
as follows:
No person shall willfully or wantonly damage, mutilate or deface any exterior surface
of any structure or building on any private or public property by placing thereon any
marking, carving or graffiti. It shall be the responsibility of the owner to restore said
surface to an approved state of maintenance and repair.
SECTION FOURTEEN: JMC § 8.01.084 (Exterior Structure Requirements), previously JMC
§ 8.08.070, shall be developed read as follows:
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The exterior of a structure shall be maintained in good repair, structurally sound, and
sanitary so as not to pose a threat to public health, safety or welfare. This shall include,
but not limited to the following:
(A) Protective Treatment: All exterior surfaces, including but not limited to, doors, door
and window frames, cornices, porches, trim, balconies, decks, and fences shall be
maintained in good condition. Exterior wood surfaces, other than decay resistant woods,
shall be protected from the elements and decay by painting or other protective covering
or treatment. Peeling, flaking, and chipped paint shall be eliminated, and surfaces
repainted. All siding and masonry joints as well as those between the building envelope
and the perimeter of windows, doors, and skylights shall be maintained weather resistant
and water tight. All metal surfaces subject to rust or corrosion shall be stabilized and
coated to inhibit future rust and corrosion. Oxidation stains shall be removed from
exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this
requirement.
(B) Premises Identification: Buildings shall have approved address numbers placed in a
position to be plainly legible and visible from the street or road fronting the property.
These numbers shall contrast with their background. Address numbers shall be Arabic
numerals or alphabet letters. Numbers shall be not be less than 3 inches in height with a
minimum stroke width of 0.5 inches.
(C) Structural Members: All structural members shall be maintained free from
deterioration and shall be capable of safely supporting the imposed dead and live loads.
(D) Foundation Walls: All foundation walls shall be maintained plumb and free from open
cracks and breaks and shall be kept in such condition as to prevent the entry of rodents
and other pests.
(E) Exterior Walls: All exterior walls shall be free from holes, breaks, and loose or rotting
materials; and maintained weatherproof and properly surface coated where required to
prevent deterioration.
(F) Roofs and Drainage: The roof and flashing shall be sound, tight, and not have defects
that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in
the walls or interior portion of the structure. Roof drains, gutters, and downspouts shall
be maintained in good repair and from obstructions. Roof water shall not be discharged
in a manner that creates a public nuisance.
(G)Decorative Features: All cornices, belt courses, terra cotta trim, wall facings and similar
decorative features shall be maintained in good repair with proper anchorage and in a
safe condition.
(H) Overhang Extensions: All overhang extensions including, but not limited to canopies,
marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be
maintained in good repair and be properly anchored so as to be kept in sound condition.
When required, all exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather coating materials,
such as paint or similar surface treatment.
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(1) Stairways, Decks, Porches, and Balconies: Every exterior stairway, deck, porch and
balcony, and all appurtenances attached thereto, shall be maintained structurally sound,
in good repair, with proper anchorage and capable of supporting such loads.
(J) Chimneys and Towers: All chimneys, cooling towers, smokestacks, and similar
appurtenances shall be maintained structurally safe and sound, and in good repair. All
exposed surfaces of metal or wood shall be protected from the elements and against decay
or rust by periodic application of weather coating materials such as paint or similar
surface treatment.
(K) Handrails and Guards: Every handrail and guard shall be firmly fastened and capable
of supporting normally imposed loads and shall be maintained in good condition.
(L) Windows, Skylights, and Doorframes: Every windows, skylight, door and frame shall
be kept in sound condition, good repair, and weather tight.
(M) Window Glazing: All glazing materials shall be maintained free from cracks and holes.
(N) Openable Windows: Every window, other than a fixed window, shall be easily opened
and capable of being held in position by window hardware.
(0) Insect Screens: Any and all residential property and residential apartments which are not
services by a central heat and air conditioning unit or units shall be required to have insect
screens to provide for ventilation or habitable areas. Such insect screens shall be supplied
with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25mm)
and every swinging door shall have a self-closing device in good working condition.
(P) Doors: All exterior doors, door assemblies, and hardware shall be maintained in good
condition. Locks at all entrances to dwelling units, rooming units, and guestrooms shall
tightly secure the door. Locks on means of egress shall be in accordance with Subsection
8.
(Q) Building Security: Doors, windows, or hatchways for dwelling units, room units, or
housekeeping units shall be provided with devices designed to provide security for the
occupants and property within.
Doors — Doors providing access to a dwelling unit, rooming unit, or
housekeeping unit that is rented, leased, or let shall be equipped with a
single cylinder deadbolt lock meeting specifications set forth herein. Such
deadbolt lock shall be operated only by the turning of a knob on the inside
or a key on the outside and shall have a lock throw of not less than 1 inch.
For the purpose of this section, a sliding bolt shall not be considered an
acceptable deadbolt lock. Such deadbolt locks shall be installed according
to the manufacturer's specifications and maintained in good working order.
All deadbolt locks required by this section shall be designed and installed
in such a manner as to be operable inside of the dwelling unit, rooming unit
or housekeeping unit without the use of a key, tool, combination thereof or
any other special knowledge or effort.
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"— 2. Windows — Operable windows located in whole or in part within 6 feet.
(1828mm) above ground level or a walking surface below that provide
access to a dwelling unit, rooming unit or housekeeping unit that is rented,
leased, or let shall be equipped with window sash locking devices.
(R) Windows: Operable windows located in whole or in part within 6 feet (1828mm)
above ground level or a walking surface below that provide access to a dwelling
unit, rooming unit or housekeeping unit that is rented, leased, or let shall be
equipped with a window sash locking device.
(S) Gates: Exterior gates, gate assemblies, operator systems if provided, and hardware
shall be maintained in good condition. Latches at all entrances shall tightly secure
the gates.
SECTION FIFTEEN: JMC § 8.01.085 (Interior Structure Requirements) shall be developed
and read as follows:
The interior of a structure and equipment therein shall be maintained in good repair,
structurally sound and in a sanitary condition. Occupants shall keep that partof the structure
which they occupy or control in a clean and sanitary condition. Every owner of a structure
containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling
units or two or more nonresidential occupancies, shall maintain, in aclean and sanitary
condition, the shared or public areas of the structure and exterior property.
(A) Structural Members: All structural members shall be maintained structurallysound
and be capable of supporting the imposed loads.
(B) Interior Surfaces: All interior surfaces, including windows and doors, shall
be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or
abraded paint shall be repaired, removed or covered. Cracked or loose plaster,
decayed wood and otherdefective surface conditions shall be corrected.
(C) Stairs and Walking Surfaces: Every stair, ramp, landing, balcony, porch, deck or
other walking surface shall be maintained in sound condition and good repair.
(D) Handrails and Guardrails: Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained in
good condition.
(E) Interior Doors: Every interior door shall fit reasonably well within its frame
andshall be capable of being opened and closed by being properly and
securely attached tojambs, headers or tracks as intended by the manufacturer of
the attachment hardware.
SECTION SIXTEEN: JMC § 8.01.086 (Handrails and Guardrails) shall be developed and read
as follows:
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Every exterior and interior flight of stairs having more than four risers shall have a
handrail on one side of the stair and every open portion of a stair, landing, balcony, porch,
deck, ramp or other walking surface which is more than 30 inches (762 mm) above the
floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm)
high or more than 42 inches (1067 mm) high measured vertically above the nosing of
the tread or above the finished floor of the landing or walking surfaces. Guards shall not
be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck,
or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the adopted building
code.
SECTION SEVENTEEN: JMC § 8.01.087 (Lighting in Common Halls and Stairwells
(Multi -Family) shall be developed and read as follows:
Every common hall and stairwell in residential occupancies, other than one and two
family dwellings, shall be lighted at all times with at least a 60 -watt standard
incandescent light bulb for each 200 sq feet of floor area or equivalent illumination,
provided that the spacing between lights shall not be greater than 30 feet. In other
residential occupancies, means of egress, including exterior means of egress,
stairways shall be illuminated at all times, the building space served by the means of
egress, will be occupied with a minimum of 1 footcandle (11 lux) at floors, landing,
and treads.
SECTION EIGHTEEN: JMC § 8.01.088 (Water System Requirements) shall be
developed and read as follows:
Every sink, lavatory, bathtub or shower, drinking fountain, water closet, or other
plumbing fixture shall be property connected to either a public water system or to an
approved private water system. All kitchen sinks, lavatories, laundry facilities,
bathtubs, and showers shall be supplied with hot or tempered and cold running water.
SECTION NINETEEN: JMC § 8.01.089 (Sanitary System Requirements) shall be
developed and read as follows:
(A) All plumbing fixtures shall be properly connected to either a public sewer system
or to an approved private sewage disposal system.
(B) Every plumbing stack, vent, waste, and sewer line shall function properly and be
kept free from obstructions, leaks, and defects.
SECTION TWENTY: JMC § 8.01.090 (Heating Facilities: Residential Occupancies)
shall be developed and read as follows:
Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 65 degrees Fahrenheit or 18 degrees Celsius in all habitable rooms,
bathrooms, and toilet rooms. Cooking appliances shall not be used to provide space
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heating to meet the requirements of this section.
SECTION TWENTY-ONE: JMC § 8.01.091 (Cooling Facilities: Rental, Leased, or
Multi -Family Properties) shall be developed and read as follows:
All leased, rental, and multi -family properties shall maintain cooling facilities in a
safe working condition and shall be capable of performing the intended function to
the extent the system served the premises at the time the landlord and tenant entered
into the lease agreement in accordance with A.C.A. §18-17-502.
SECTION TWENTY-TWO: JMC § 8.01.092 (Notice to Nonresident Owners) previously
JMC § 8.08.050, shall be developed and shall read as follows:
In the event the owner(s) or responsible party(ies) of any real property upon which a non-
complying condition exist is unknown or he/she does not reside in or upon the real
property in question, a copy of the written notice referred to in JMC §8.01.025 shall be
posted upon the premises and mailed with first class postage affixed to the address
provided by such owner(s) or responsible party(ies) to the Code Enforcement Office.
Registration of said real property(ies) by the owner(s) and/or responsible party(ies) shall
occur upon obtaining ownership/control of the property in question.
In the event the owner(s) or responsible party(ies) of any real property upon which a non-
complying condition exist is unknown or he/she does not reside in the State of Arkansas,
a copy of the written notice referred to in section 8.01.025 shall be posted upon the
premises and mailed with first class postage affixed to the address provided by such
owner(s) or responsible party(ies) to the Code Enforcement Office. Registration of said
real property(ies) by the owner(s) and/or responsible party(ies) shall occur upon
obtaining ownership/control of the property in question. Before any action to prosecute
a violation upon a non-resident of the State's real property is taken, the City Attorney
shall, upon request by the Code Enforcement Office and/or the Police Department,
prepare an affidavit setting out the facts as to the unknown address or whereabouts of the
owner(s) or responsible party(ies). Upon service by publication as provided for by
applicable law against nonresident parties and if such nonresident responsible party(ies)
fails or refuses to abate or eliminate any such non -complying condition(s), the Code
Enforcement Office is hereby authorized to take whatever action necessary to
correct/eliminate the non -complying condition(s). When such occurs, the costs
associated with doing so, together with applicable administrative fees and costs, shall be
charged against the occupant(s), owner(s), or responsible party(ies). Any such charge(s)
not timely paid shall constitute a lien against the real property in question for such costs,
together with an additional ten percent penalty. Said amount shall be assessed against the
property in accordance with the procedures outlined in ACA, § 14-54-901 et. seq. and
collected as delinquent tax(es) by the Pulaski County Tax Assessor.
SECTION TWENTY-THREE: JMC § 8.03.003 (Nuisances and Non -Complying Conditions
Illustrative Enumeration of a Nuisance or Non -Complying Condition) shall be amended to include
the following:
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(R) Outside storage of household furniture manufactured for indoor use including,
but not limited to, mattresses, box springs, upholstered couches/sofas, dressers,
recliners, tables, desks, bed frames, chairs, and parts thereof. This does not
include furniture or other items manufactured for outdoor use kept on a covered
front porch, a deck, patio, or porch at the rear of the structure.
(S) Outside storage of appliances including, but not limited to, dishwashers, stoves,
ovens, televisions, refrigerators, freezers, computers, electronic equipment,
kitchen accessories, sinks, plumbing fixtures, and/or parts thereof. This does
not include freezers or refrigerators that are in use and are not visible from the
road or street, unless they are in a covered carport.
(T) Any outdoor storage, collection or keeping of items on a carport.
Exceptions:
a. Building materials that are temporarily stored as part of or in conjunction
with an active building permit for construction or remodeling, provided
the building materials are stored against a permanent wall.
b. The parking of operable or motorized lawn equipment, lawn hand tools,
or other equipment used for lawn maintenance stored against a
permanent wall.
c. Plastic or metal containers stored in an orderly manner in a single row
against a permanent wall. Stacked storage containers' height cannot
exceed or be taller than 50% or (1/2) the wall in height.
(U) Any use of tarpaulins, blankets, plastic or fabric sheets or similar covering
materials to cover items on a carport.
(V) Storage of scrap metals and dismantled equipment in residential zones.
(W) Items not manufactured for outdoor use.
(X) Unauthorized, excessive or improper accumulation or storage of used or scrap
tires.
SECTION TWENTY-FOUR: JMC § 8.03.014 (Nuisances and Non -Complying Conditions—
Parking and Storage of Inoperable Motor Vehicles—Private Property) shall read as follows:
In accordance with JMC §8.01.082, No person shall leave, park, store, or permit the
leaving, parking, or storing of any inoperable motor vehicle(s) and /or parts thereof upon
any private property within the City. Upon discovery of such, the Code Enforcement
Office shall take the following actions:
(A) Removal of Inoperable Vehicles Near Public Streets: If an owner or occupant
of property within the City shall neglect or refuse to remove an inoperable motor
vehicle that is parked, kept, or stored near a public street without proper authority,
a Code Enforcement Officer may cause the removal of the inoperable motor
vehicle, provided that a Notice of Violation is affixed to the vehicle for a period
of no less than 72 hours, which shall state that the vehicle is a nuisance and order
the property owner, occupant, or whoever has an interest in the vehicle to remove
it from the property. If the vehicle is found on private property with one or more
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occupiable structures, a copy of the notice shall additionally be place on one of
the structures.
For purposes of this section, a vehicle shall be deemed "near" a public street
if it can be seen with the unaided eye from a public street.
(B) Removal of Other Inoperable Motor Vehicles: If an owner or occupant of
property within the City shall neglect or refuse to remove an inoperable motor
vehicle that is parked, kept, or stored without proper authority but away from
public streets, a Code Enforcement Officer may cause the removal of the
inoperable motor vehicle, provided that a Notice of Violation is affixed to the
vehicle for a period of no less than 30 days, which shall state that the vehicle is a
nuisance and order the property owner, occupant, or whoever has an interest in
the vehicle to remove it from the property. If the vehicle is found on private
property with one or more occupiable structures, a copy of the notice shall
additionally be place on one of the structures.
(C) Appeals: In the event a responsible party fails to timely remove said motor
vehicles, eliminate the non -complying condition, or submit a written request for
review by the Board of Adjustment (together with payment of the appropriate
fee), Code Enforcement Officers shall take all necessary steps to have the non-
complying condition (i.e. motor vehicle, parts, etc.) removed from said real
property.
(D) Removal of Vehicles: In the event an abandoned and/or inoperable motor
vehicle shall be required to be removed from private or public property, the
Jacksonville Police Department shall obtain the most recent registration of said
vehicle, determine if said vehicle is stolen, and shall then contact a towing or
wrecker service following Department policy. The Police Department shall then
provide whatever assistance is necessary to allow the towing or wrecker service
to remove said motor vehicle in order to eliminate the public nuisance or non-
complying condition and shall provide the Code Enforcement Office and the
applicable towing or wrecker service with information on the last registered
owner of said motor vehicle in accordance with Arkansas law.
Any towing or wrecker service utilized in the enforcement of this Code shall comply
with all requirements of this Code and ACA, § 27-50-1101 et seq. in the removal and
disposition of said motor vehicle and shall be responsible for written notification to
the appropriate owners/interested parties of said vehicles. Copies of said notification
forwarded to the registered owner(s) in accordance with Arkansas law shall also be
provided to the Code Enforcement Office at no charge.
(E) Adoption of State Law By Reference: The terms and conditions provided by State
law regarding removal and disposition of abandoned/inoperable motor vehicles are
herein incorporated by reference into this Code. Should the Jacksonville Police
Department, Code Enforcement Office, and/or any towing or wrecker service
involved in the enforcement of this Code remove any such motor vehicle and utilize
ORDINANCE NO. 1696 (#15-2022)
Page Thirteen
Arkansas law in said process, they are hereby directed to comply fully with all
provisions contained therein.
SECTION TWENTY-FIVE: JMC § 8.03.016 (Nuisances and Non -Complying Conditions—
Inoperable Motor Vehicles) shall read as follows:
The accumulation of inoperable motor vehicles in the City is degrading to the
environment, property values, and the aesthetic beauty of the City. Thus, the only
location where an inoperable motor vehicle may be parked, kept, or stored within
enclosed spaces upon property that is properly zoned and permitted for that purpose.
The parking, keeping, or storing of inoperable motor vehicles at any other location in
the City is declared to be a nuisance and may be cited for violation of JMC §8.01.082
and, if necessary, abated as provided below.
SECTION TWENTY-SIX: JMC § 8.03.031 (Nuisances and Non -Complying Conditions—
Definitions) shall read as follows:
For purposes of this article, the following terms are defined as follows:
(A) Unsafe Structures means one that is found to be dangerous to the life, health,
property, or safety of the public or the Owner(s)/Occupant(s) of the structure by not
providing minimum safeguards to protect or warn those entering or present of such
dangers in the event of fire, or because such structure contains unsafe equipment or
is so damaged, decayed, dilapidated, structurally unsafe, of such faulty construction,
or has an unstable foundation so that partial or complete collapse is possible.
(B) Unfit Structure for Human Occupancy means a structure is unfit for human
occupancy whenever the Code Enforcement Office finds that such structure is unsafe,
unlawful or, because of the degree to which the structure is in disrepair or lacks
maintenance, is unsanitary, vermin or rat infested, contains filth and contamination,
lacks ventilation, illumination, sanitary or heating facilities or other essential
equipment required by this Code, or because the location of the structure constitutes
a hazard to the Owner/Occupants of the structure or to the public.
(C) Unlawful Structure means an unlawful structure is one found in whole or in part
to be occupied by one (1) or more persons than permitted under this Code, or was
erected, altered, or occupied contrary to law.
(D) Unsafe Equipment means any boiler, heating equipment, elevator, moving
stairway, electrical wiring or device, flammable liquid containers or other equipment
on the premises or within the structure that is in such disrepair or condition that such
equipment is a hazard to life, health, property or safety of the public or occupants of
the premises or structure.
(E) Unlawful Structure means one found in whole or in part to be occupied by more
persons than permitted under this code, or was erected, altered or occupied contrary
to law.
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Page Fourteen
(F) Dangerous Structure or Premises means any structure or premises that has any or
all of the conditions or defects described as follows shall be considered dangerous
and a nuisance:
1. Any door, aisle, passageway, stairway, exit, or other means of egress that
does not conform to approved building or fire code of this jurisdiction as
related to the requirements for existing buildings.
2. The walking surface of any aisle, passageway, stairway, exit, or other
means of egress is so warped, worn loose, torn or otherwise unsafe as to
not provide safe and adequate means of egress.
3. Any portion of a building, structure, or appurtenance that has been
damaged by fire, earthquake, wind, flood, deterioration, neglect,
abandonment, vandalism, or by any other cause to such an extent that it is
likely to partially or completely collapse or become detached or dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation
on the exterior thereof that is not of sufficient strength or stability, or not
so anchored, attached or fastened in place as to be capable of resisting
natural or artificial loads of one and one-half the original designed value.
5. The building or structure, or part of the building or structure, because of
dilapidation, deterioration, decay, faulty construction, the removal or
movement of some portion of the ground necessary for support, or for any
other reason, is likely to partially or completely collapse, or some portion
of the foundation or underpinning of the building or structure is likely to
fall or give way.
6. The building or structure, or any portion thereof, is clearly unsafe for its
use and occupancy.
7. The building or structure is neglected, damaged, dilapidated, unsecured or
abandoned so as to become an attractive nuisance to children who might
play in the building or structure to their danger, becomes a harbor for
vagrants, criminals, or immoral persons, or enable persons to resort to the
building or structure for committing a nuisance or an unlawful act.
B. Any building or structure has been constructed, exists or is maintained in
violation of any specific requirement or prohibition applicable to such
building or structure provided by the approved building or fire code of this
jurisdiction, or of any law or ordinance to such an extent as to present either
a substantial risk of fire, building collapse or any other threat to life and
safety.
9. A building or structure, used or intended to be used for dwelling purposes,
because of the inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, ventilation, mechanical or
plumbing system, or otherwise, is determined by the Code Enforcement
Office to be unsanitary, unfit for human habitation or in such condition that
is likely to cause sickness or disease.
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10. Any building or structure, because of a lack of sufficient or proper fire -
resistance -rated construction, fire protection systems, electrical system,
fuel connections, mechanical system, plumbing system or other cause, is
determined by the Code Enforcement Office to be a threat to life or health.
11. Any portion of a building remains on a site after the demolition or
destruction of the building or structure or whenever any building or
structure is abandoned so as to constitute such building or portion thereof
as an attractive nuisance or hazard to the public.
SECTION TWENTY-SEVEN: JMC § 8.03.039 (Closing of Vacant Structures) shall be
developed and read as follows:
If a structure is vacant and unfit for human habitation and occupancy as defined by section
8.03.031, and is not in danger of structural collapse, the Code Enforcement Office is
authorized to post a placard of "Nuisance Structure" and order the structure closed up so
as not to be an attractive nuisance. Upon failure of the owner or owner's authorized agent
to close up the premises within the time specified in the order, the Code Enforcement Office
shall cause the premises to be closed and secured through any available public agency or
by contract or arrangement by private persons and the cost thereof shall be charged against
the real estate upon with the structure is located and shall be a lien upon such real estate in
accordance with §8.03.011.
SECTION TWENTY-EIGHT: JMC § 8.10.010 (Fencing/Barrier Requirements) shall read as
follows:
Private swimming pools, hot tubs and spas, containing water more than 24 inches
(610 mm) in depth shall be surrounded by a fence or barrier at least 48 inches
(1219 mm) in height above the finished ground level measured on the side of
the barrier away from the pool. Gates and doors in such barriers shall be self-closing
and self -latching. Where the self -latching device is less than 54 inches (1372 mm)
above the bottom of the gate, the release mechanism shall be located on the pool side
of the gate. Self- closing and self -latching gates shall be maintained such that the gate
will positively close and latch when released from an open position of 6 inches (152
mm) from the gatepost. No existing pool enclosure shall be removed, replaced or
changed in a manner that reduces its effectiveness as a safety barrier.
SECTION TWENTY-NINE: JMC § 8.10.020 (Maintenance Requirements) shall read as
follows:
Swimming pools shall be maintained in a clean and sanitary condition and in good repair
so as to not constitute a nuisance as defined under §8.03.003
SECTION THIRTY: JMC § 9.36.010 (Terms of Violations) shall read as follows:
The creation of any unreasonably loud, disturbing and unnecessary noises in the City of
Jacksonville is prohibited. Noises of such character, intensity, and duration, as to be
ORDINANCE NO. 1696 (915-2022)
Page Sixteen
detrimental to the life or health of any individual, or in the disturbance of public peace and
welfare, are prohibited.
SECTION THIRTY-ONE: JMC § 9.36.020 (Acts Declared Loud and Raucous Noise) shall
read as follows:
(A)No person shall make, continue or cause to be made or continued any such noise as, but
not limited to, the following:
1. The loud playing of radios, phonographs, televisions, tape decks, amplifiers,
loudspeakers, musical instruments, vehicle alarm systems, or other devices not
enumerated here but cause loud or irritating noises which are plainly audible from
a distance of fifty (50) feet from its source in such manner as to annoy or disturb
the quiet comfort or repose of persons in any office, hospital or in any dwelling,
hotel, or other type of residence, or of any persons in the vicinity, particularly
between the hours of 10:00pm and 7:00am.
2. Using or operating for any commercial or noncommercial purpose any loudspeaker,
public address system, or similar device such that the sound there from creates a
noise disturbance across a real property boundary or within a noise sensitive zone;
3. Owning, possessing, or harboring any animal(s) and / or bird(s) which frequently
or for continued duration, howls, barks, meows, squawks, or makes other sounds
which create a disturbance across a residential real property boundary or within a
noise sensitive zone;
4. Loading, unloading, opening, closing or other handling of boxes, crates, containers,
building materials, garbage cans, or similar objects in such a manner as to cause a
noise disturbance across a residential real property boundary or within a noise
sensitive zone.
(B) Noise Sensitive Zones- It is unlawful for any person to create any noise which causes the
noise level at any school, hospital or similar health care institution, church, or library while
the same is in use, which unreasonably interferes with the usage of such institutions or
which unreasonably disturbs or annoys patients in a hospital, convalescent home, or similar
health care institution, provided conspicuous signs are displayed in three (3) separate
locations within one-tenth (1/10) of a mile of the institution or facility indicating a quiet
zone.
(C) Adequate Mufflers or Sound Dissipative Devices -
1. Every motor vehicle shall, at all times, be equipped with a factory installed muffler or
one duplicating factory specifications, in good working order and in constant operation,
to prevent excessive or unusual noise and annoying smoke.
2. No person shall use on a motor vehicle upon the public roads, highways, streets, or
alleys of this City, nor shall any person sell for use on a motor vehicle upon the public
roads, highways, streets, or alleys of this City, a muffler, other than as defined in section
(1) of this Code, cutout, bypass, similar device, or any type of device which produces
excessive or unusual noise or smoke.
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Page Seventeen
3. No person shall remove or render inoperative or cause to be removed or rendered
inoperative, other than for purposes of maintenance, repair or replacement, any muffler
or sound dissipative device on a motor vehicle or motor cycle.
(D) Horns and Warning Devices -
1. The sounding of any horn(s) and/or warning device(s) on any vehicle, motorcycle,
business, or other such device for any unreasonable period of time may constitute
a violation if not being utilized as a warning device during an emergency or as a
warning to impending danger, injury, or damage.
(E) Sound Devices on Premises -
It shall be unlawful for any person to maintain and operate in any place or on any premises
in the city, without a permit from the Mayor or his/her designee, any loud -speaking device
for the purpose of playing music, making commercial announcements or for emitting any
sounds whereby such sounds will be cast upon the public streets and places or shall so be
placed and operated that such sounds coming therefrom can be heard to the annoyance,
distraction or inconvenience of travelers upon any street or public place or of persons in
the neighboring dwelling or premises.
(F) Radios, Stereos, MP3's, IPods, Other Musical Devices, Televisions, and/or Musical
Instruments- Playing any radio, stereo, MP3 player, iPods, other musical devices,
televisions, and/or musical instruments designed to produce or reproduce sound in such a
manner or with such volume as to disturb the quiet or comfort of persons nearby in any
dwelling, care facility, commercial facility, residence, school, or public facility in the
vicinity is a violation herein. The operation of any such device, electronic and/or
instrument between the hours of 10:00pm and 7:00am or any time so as to be plainly
audible as assessed in accordance with this Chapter shall be prima facie evidence of a
violation of this Ordinance.
(G) Shouting, Singing, and or Speech -Shouting, singing, speaking, whistling, and/or yelling,
particularly during the hours of I0:00pm and 7:00am, or at any time or place so as to annoy
or disturb the quiet or comfort of persons nearby or in any dwelling, care facility, residence,
school, or public facility in the vicinity is a violation herein. Such shall, when plainly
audible in accordance with this Chapter, shall be prima facie evidence of a violation of this
Ordinance.
(H) Noisy Outdoor Amusements Must Close- It shall be unlawful for the owner of, or any
person employed at, any place where an outdoor amusement is operated to operate or
conduct such business between the hours of 10:00pm and 7:00am of each day whereby the
noise emitting therefrom shall disturb the peace and quiet of the inhabitants or occupants
of any occupied building.
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Page Eighteen
(I) Waste and Trash Retrieval and Commercial/Industrial Operations -The loading, unloading,
operation, or repair of any commercial or personal waste or trash receptacles and/or any
commercial or industrial equipment during the hours of 10:00pm and 7:00 am, which
causes such a noise level as to annoy or disturb the quiet or comfort of person(s) nearby in
any dwelling, care facility, commercial facility, residence, school, or public facility in the
vicinity is a violation herein. Such shall, when plainly audible as assessed in accordance
with this Chapter, shall be prima facie evidence of a violation of this Ordinance.
SECTION THIRTY-TWO: JMC § 9.36.040 (Exemptions) shall read as follows:
The following activities are exempt from the provisions of this Chapter:
A. Activities conducted by public officials, employees, and/or representatives on public
parks, playgrounds, property, and public or private school grounds, including but not
limited to, school athletic and school entertainment events conducted during the hours
7:00am and 10:00 pm.
B. Activities conducted by youth athletic leagues on private or public parks, playgrounds,
or property during the hours 7:00am and I0:00pm.
C. Occasional outdoor gatherings, public dances, shows, and sporting and entertainment
events conducted during the hours of 7:00am to 10:00pm, provided the events are
conducted pursuant to a permit or license issued by the appropriate jurisdiction relative
to staging such events.
D. Activities and emissions of noise from Firing/Shooting Range(s) as authorized and
created during regular business hours, including those emitted during tournaments and
other competitive activities at the Range(s);
E. Any mechanical device, apparatus, or equipment which emits a sound, including, but
not limited to, an alarm, siren, bell, or whistle, related to, used for, or connected with
any emergency machinery, vehicles, work or alarm, provided the sounding of this
mechanical device, apparatus, or equipment on or near any building or motor vehicle
shall terminate its operation within Ten (10) minutes of its being activated at or near a
location;
F. Noise sources associated with or vibration created by construction repair, remodeling
or grading of any real property or during authorized seismic surveys, provided the
activities do not take place between the hours 10:00pm and 7:00am, on weekdays and
Saturdays or at any time on Sunday or a legal holiday except in compliance with
applicable provisions of this Code.
G. Noise sources associated with maintenance of property provided the activities take
place between the hours of 7:00am and 10:00pm on any day;
H. Any activity to extent regulation thereof has been preempted by state or federal law;
I. The Little Rock Air Force Base; and/or;
J. Noise associated with aircraft outside a regularly established airport field or landing
place as permitted by the City Council pursuant to applicable provisions of the Code.
ORDINANCE NO. 1696 (#15-2022)
Page Nineteen
SECTION THIRTY-THREE: JMC § 9.36.050 (Enforcement and Penalties) shall read as
follows:
The Code Enforcement Office and/or the Police Department shall be responsible for the
enforcement of this Chapter.
A. Any person violating any provision of this Chapter shall be deemed guilty of a
misdemeanor and punished by a fine no less Fifty Dollars ($50.00) and no more than Five
Hundred Dollars ($500.00), and each occurrence shall constitute a separate offense.
B. In addition, any violation of this Chapter may be deemed a nuisance and the
imposition of any fine hereunder shall not abrogate the right of the City to cause the
abatement of any nuisance, including the use of injunctive relief.
SECTION THIRTY-FOUR: Chapter 8.08 is hereby reserved and archived.
SECTION THIRTY-FIVE: All Ordinances or parts thereof in conflict herewith are hereby
repealed to the extent of said conflict.
SECTION THIRTY-SIX: This Ordinance, necessary for the improvement of public facilities
and the health, safety, and welfare of the citizens of Jacksonville, should be implemented
immediately. Therefore, an emergency is hereby declared, and this Ordinance shall be in force and
effect from and after its date of passage.
APPROVED AND ADOPTED THIS 7TH DAY OF JULY 2022.
CITY OF JACKSONVILLE, ARKANSAS
BOB JOHNSON, MAYOR
ATTEST: APPROVED AS TO FORM:
V
CITY CLERK STEPHANIE FRIEDMAN, CITY ATTORNEY