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1409 ORDINANCE NO. 1409 ( #14 - 2010) AN ORDINANCE TO AMEND JMC §§ 1,12.010, 6.04.010, 6.04.055, 6.08.010, 6.08.020, 6.08.030, 6.12010, 8.16.010, 9.12010, 12.04.020, 18.04.090, 18.06.010, 18.06.020, AND 18.86.020; AND, FOR OTHER PURPOSES. WHEREAS, in anticipation of successful annexation of certain properties both North and South of current City limits, the City Council has considered requested changes and modifications to existing ordinances and provisions contained in the Jacksonville Municipal Code by citizens of these areas; and, WHEREAS, the following amendments, deletions, modifications, and revisions I to various Jacksonville Municipal Code provisions are hereby declared to be for the benefit of all Jacksonville citizens, both current and future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: JMC § 1.12.010 (Redistricting Map) shall be amended to include the additions, deletions, and changes as outlined and specified on the attached Map of City Wards of the City of Jacksonville. SECTION TWO: JMC § 6.04.010 (Animals — Definitions) shall be amended to include the following: D)2) Breeder - Any licensed person(s), business(es), or entity(ies) that maintains an unaltered (unsterilized) animal breed(s) for purposes of profit, fee, or compensation in proliferation of the species and /or breed(s). K)2) Kennel - Any licensed establishment wherein or whereon Five (5) or more animals of any type over the age of Four (4) months are confined and kept for purposes of breeding, purchase, trade, and /or training for compensation. Said structure(s) maintained thereon must be constructed so as to prevent both the public and /or stray animals from obtaining entrance thereto and gaining contact with the animals kept /lodged therein /thereon. This shall not apply to animal clinics, hospitals, and /or veterinarian offices when such animals are kept/treated /or trained 1 ORDINANCE NO. 1409 ( #14 — 2010) PAGE TWO for normal business purposes. All kennels must meet and satisfy the standards provided by Arkansas law and JMC § 6.04.055 (Breeders and Kennels). SECTION THREE: JMC § 6.04.055 (Breeders and Kennels) shall be created to include the following provisions: All breeders and kennels within the City limits shall, in addition to other applicable requirements within this Code, State, and Federal law, comply with the minimum standards of this Section. Failure to meet such standards shall be grounds for denial /revocation of a permit to operate such an entity and /or citation for violation of the Jacksonville Municipal Code: A) All Indoor and Outdoor Breeding and Kennel facilities shall be located on One and .5/10 (1.5) acres or more, and all animal enclosures provided shall provide adequate protection for the animals against weather extremes. Floors of buildings, runs, and walls shall be of an impervious material to permit proper cleaning and disinfection; 8) Building temperatures shall be maintained at a comfortable level, and adequate ventilation is required for all enclosed areas; C) Each animal shall have sufficient space to stand up, lie down, and turn around without touching the sides or top of the enclosure /cage /container; D) Enclosures /Cages /Containers are to be of material and construction that permit cleaning and sanitizing to prevent spread of disease; E) Cage floors of concrete, unless radiantly heated, shall have a resting board or some type of bedding material for the animai(s); F) Runs shall provide adequate exercise area and protection from the weather elements and shall have an impervious flooring surface; G) All animal quarters and runs are to be maintained in a clean, dry, and sanitary condition; H) All food shall be free from contamination, shall be wholesome, palatable, and of sufficient quantity and nutritional value as to meet the normal daily requirements of that particular animal's breed, size, and condition; I) All animals shall have fresh water available at all times; and, J) All animals shall be currently vaccinated and shall be free from and not suffer from or carry communicable and /or contagious disease(s). ORDINANCE NO. 1409 ( #14 — 2010) PAGE THREE SECTION FOUR: JMC § 6.08.010 (Swine) shall be deleted in its entirety at this time. SECTION FIVE: JMC § 6.08.020 (Livestock — Location Restriction) shall be amended and modified to include the following: It is unlawful to keep or maintain cows, horses, goats, pigs, sheep, swine, or other animals of the hoofed variety unless such animals are situated within a lot or pen of an area no less than One -half (1/2) acre and which lot or pen shall not be closer than One Hundred Feet (100') to any residence other than that of the owner of said livestock and not closer than One Hundred Feet (100') to any business or residence regularly used. SECTION SIX :: JMC § 6.08.030 (Small Animals and Fowl — Compliance with Regulations) shall be amended and modified to include the following: Small animals such as rabbits, guinea pigs, and fowls, such as chickens, pigeons, turkeys, roosters, and the like may be kept within the City limits subject to applicable Code and State law provisions. In all circumstances, such animals and fowl shall be maintained no closer than One Hundred Feet (100') from any residential structure other than that of the owner of said fowl /small animals. SECTION SEVEN: JMC § 6.12.010 (Hunting Prohibited) shall be amended and modified to allow hunting in compliance with and under the provisions of State law, Arkansas Game & Fish regulations, and the provisions of JMC § 9.12.010 (Discharge of Firearms). SECTION EIGHT ;; JMC § 8.08.01 (Table - Non - Complying Conditions — Grass, Weeds, and Vegetation) shall be amended and modified to include the following: Residential Lots Five (5) acres or more Unlimited to extent no (Occupied or Unoccupied) other nuisance is created Industrial Lots Five (5) acres or more Unlimited to extent no (Occupied or Unoccupied) other nuisance is created 1 ORDINANCE NO. 1409 ( #14 — 2010) PAGE FOUR SECTION NINE; JMC § 8.16.010 (Fireworks) shall be amended and modified to include the following: All discharge, possession, sale, use, and explosion of fireworks or like substances within City limits shall comply with all applicable provisions of Arkansas law, the Arkansas Fire Prevention Code, and the Jacksonville Municipal Code. Unless otherwise designated, discharge /explosion of fireworks within the City limits shall occur only within July 1— 6 of each year for July 4th and December 27 — January 2 of each year for Christmas and /or New Year's. SECTION TEN: JMC § 8.32.010 (Trash and Yard Waste Incineration - Restrictions) shall be amended and modified to include the following: It shall be unlawful for any person(s) to burn or cause to be burned out of doors any hay, straw, shavings, paper, leaves, trash, or any other combustible material(s) on any (un)occupied property of less than One (1) acre. For those materials burned on (un)occupied property equal to or above One (1) acre, said burning shall be conducted in compliance with applicable provisions of Arkansas law, the Arkansas Fire Prevention Code, the Arkansas Department of Environmental Quality regulations, the Jacksonville Municipal Code, and shall not be conducted in a manner so as to constitute a nuisance to any adjacent property owner(s). SECTION ELEVEN: JMC § 9.12.010 (Discharge of Firearms) shall be amended and modified to include the following: A) No person shall knowingly fire or discharge a firearm within One (1) mile of any residence within the City limits without first having obtained written permission of the owner(s) of said residence to discharge such firearm(s), provided that this Section shall not apply to one shooting upon his /her own land if on Five (5) contiguous acres or more or is upon land which is legally in his /her possession. This Section shall also not apply to firearm discharge upon the land of another who has provided written permission to you for firearm(s) discharge, provided that no one shall discharge firearm(s) on or over a public road; B) This Section shall not apply within the limits of any designated public hunting areas or to hunters while hunting on (un)posted private, public, state, and /or federally owned lands during legally declared hunting Seasons as set by the Arkansas Game and fish Commission and /or state ORDINANCE NO. 1409 ( #14 — 2010) PAGE FIVE and /or federal authorities, except that the prohibition as to discharging firearms on or over public roads does apply to all hunters on public hunting areas, unposted private, public, and federally owned lands. SECTION TWELVE: JMC § 12.04.020 (Master Street and Sidewalk Plan) shall be amended and modified to include the attached, revised, and modified new map bearing the title "Master Street and Sidewalk Plan ". SECTION THIRTEEN: JMC § 18.04.090 (Zoning — Distance between Accessory Buildings) shall be omitted in its entirety. SECTION FOURTEEN: JMC §§ 18.06.010 (Comprehensive Development Use Plan) and 18.06.020 (Land Use Plan) shall be amended and I modified to include the attached, revised, and modified new maps bearing the titles "Comprehensive Development Use Plan" and "Land Use Plan ". SECTION FIFTEEN: JMC § 18.86.020 (Accessory Buildings — Square Foot Limitations) shall be amended and modified to include the following: A) An Accessory Building built on a subdivided lot may occupy no more than Thirty Percent (30 %) of the existing rear yard not to exceed Six Hundred Fifty Square Feet (650 SF) and shall not be built closer than Five Feet (5') to any of the Owner's property line or in compliance with a subdivision's Bill of Assurance, whichever requirements are greater; B) Any Accessory Building(s) built on more than Three (3) acres of property shall be exempted from the provisions of JMC § 18.86.020(A) and JMC § 18.86.030. SECTION SIXTEEN: All Ordinances or parts thereof in conflict herewith are hereby repealed to the extent of said conflict. SECTION SEVENTEEN: This Ordinance, necessary for the improvement of public health, safety, and welfare of the citizens of Jacksonville, should be implemented upon the passage and certification of the Annexation i Election to be held on Tuesday, November 2, 2010, within the City of Jacksonville and areas of land commonly referred to as the North and South Annexation Territories. 1 ORDINANCE NO. 1409 ( #14 — 2010) PAGE SIX This Ordinance and the terms contained herein shall only be in force and effect from and after Thirty (30) days of certification of the passage of said Annexation Election by the Pulaski County Election Commission and /or certification or declaration of the Election results legal and binding validity by a court of competent jurisdiction. If said Election results do not provide for the annexation of said territories, the terms and conditions as outlined within this Ordinance shall be null and void. APPROVED AND ADOPTED THIS 2A1: a OF OCTOBER, 2010. CITY OF JACKSONVILLE, ARKANSAS l ~ / � . GAR FEET HER, MAYOR ATTEST.: d 1/4_ LLv1t SUSAN • , VITT, CITY LERK AP, "O ED AS TO /RI•%` I M ' C ROB 'T E. B % ATTOR Y