1022
1-1/
O~DI~A~C: NO. 1022 (#5-94)
A~ O~DI ~A~CE A~:~DI ~G JAC(SO~VI __: ~U~ICI JA_ COD: S:CTIO~
8.08.030 ET.SEQ. TO PROVID:: :O~ T~:: R:v10VA_ AND STO~AG: 0:
ABA~DO~ED OR I~O):~AB_E BOATS., v10TO~ V:-tIC_:S., A~D/O~
TRAILERS; DECLARING AN EMERGENCY; AND., FOR OTHER PURPOSES.
--------------------~-~-------------------~----~---~-----~~~-
--------~----------------------~-------------~--~------------
W-:~:AS., THE CITY COUNCIL OF THE CITY OF JACKSONVILLE.,
ARKANSAS., HAS REVIEWED AND DETERMINED THAT EXISTING
PROVISIONS OF THE JACKSONVILLE MUNICIPAL CODE ARE INADEQUATE
TO PROVIDE SUFFICIENT CONTROL OF THE STORAGE OF ABANDONED OR
INOPERABLE BOATS., MOTOR VEHICLES., AND/OR TRAILERS; AND.,
WHEREAS., THE FOLLOWING ADDITIONS., AMENDMENTS., AND DELETIONS
TO THE JACKSONVILLE ~UNICIPAL CODE WILL ALLOW THE CODE
ENFORCEMENT OFFICE TO REMOVE OR HAVE REMOVED THOSE ABANDONED
OR INOPERABLE BOATS., MOTOR VEHICLES., AND/OR TRAILERS WITHIN
THE CITY SO AS TO IMPROVE THE QUALITY OF LIFE FOR ITS
CITIZENS.
~OW., T- :~::O~:., B: IT O~DAI ~ED BY T-: CITY COUNCI _ OF T-:
CITY 0: JAC(SO~VI__:., A~(A~SAS., T-AT:
S:CTIO~ O~::: \.ACKSONVILLE MUNICIPAL CODE SECTION 8.08.030
ET.SEQ. IS HEREBY AMENDED TO INCLUDE THE FOLLOWING:
I. DEFINITIONS (8.08.031)
A) ABANDONED ~OTOR VEHICLE - ANY MOTOR VEHICLE LEFT ON
PUBLIC OR PRIVATE PROPERTY AS DEFINED HEREIN FOR A PERIOD IN
EXCESS OF THE TIME PERIODS OF TWENTY-FOUR (24) HOURS.,
SEVENTY-TWO (72) HOURS., OR FIFTEEN (15) DAYS., REGARDLESS OF
WHETHER WRECKED., INOPERABLEJ OR IF SAID VEHICLE BEARS CURRENT
REGISTRATION OR INSPECTION STICKERS.
B) BOAT - ANY VESSEL INITIALLY DESIGNED FOR CARRYING CARGO
OR PASSENGERS UPON WATER., WHETHER CURRENTLY SEAWORTHY OR NOT.,
AND REGARDLESS OF SIZE OR DESIGN. SAID DEFINITION SHALL
INCLUDE., BUT NOT BE LIMITED TO., BARGES., CANOES., MOTORBOATS.,
RAFTS., ROWBOATS., AND SAILBOATS.
C) INOPERABLE ~OTOR VEHICLE - ANY MOTOR VEHICLE FOR WHICH
ITS CONDITION IS DISMANTLEDJ PARTIALLY DISMANTLED., WRECKED.,
INCAPABLE OF OPERATION BY ITS OWN POWER UPON A PUBLIC STREET.,
OR FROM WHICH THE WHEELS., ENGINE., TRANSMISSION., OR ANY
SUBSTANTIAL PART THEREOF HAS BEEN REMOVED.
D) 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., AUTOMOBILES.,
BUSES., CAMPERS., GO CARTSJ GOLF CARTS., LAWN TRACTORS., MOPEDS.,
MOTORCYCLES., MOTOR HOMES., TRACTORS., TRAILERS., AND TRUCKS.
*** FOR PURPOSES OF THIS CODEJ MOTOR VEHICLE SHALL ALSO BE
A COMPREHENSIVE TERM INCLUDING BOATSJ MOTOR VEHICLESJ AND
TRAILERS AS DEFINED HEREIN WHEN USED IN THIS CHAPTER. ***
E) PRIVATE PROPERTY - ANY REAL PROPERTY WITHIN CITY WHICH IS
PRIVATELY OWNED.
F) 'UBLIC )ROPERTY - ANY REAL PROPERTY WITHIN CITY WHICH IS
OWNED BY A GOVERNMENTAL BODY., TO INCLUDE., BUT NOT BE LIMITED
TO., BUILDINGS., EASEMENTS., PARKING LOTS., PARKS., RIGHTS-OF-WAY.,
SIDEWALKS., STREETS., AND OTHER SIMILARLY SITUATED PROPERTY.
G) 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 TRAILERS., CAMPER TRAILERS., CARGO
TRAILERS., FARM IMPLEMENT TRAILERS., GOLF CART TRAILERS., HORSE
TRAILERS., AND UTILITY TRAILERS.
13
ORDINANCE ~o. 1022 (#5-94)
, 1994
'AGE Two
I I . ABA ~DON ~E ~T 0 = ~OTO ~ V :F Ie _ :5
(8.08.032)
'UBL Ie J ~o ):: ~--y
~O PERSON SHALL ABANDON OR LEAVE ANY MOTOR VEHICLEJ ATTENDED
OR NOTJ UPON ANY PUBLIC RIGHT OF WAY (OR WITHIN THREE (3)
FEET) WITHIN CITY FOR A PERIOD IN EXCESS OF TWENTY-FOUR (24)
HOURS. THE PRESENCE OF SUCH A MOTOR VEHICLE OR PARTS THEREOF
IN A PUBLIC RIGHT OF WAY IS HEREBY DECLARED TO BE A PUBLIC
NU I SANCE.! AND SA I D NU I SANCE SHALL BE ABATED IN COMPL lANCE
WITH THE TERMS OF THIS CODE AND/OR ACA 27-50-1201 ET.SEQ.
~O PERSON SHALL ABANDON OR LEAVE ANY MOTOR VEHICLEJ ATTENDED
OR NOTJ WITHIN SIX (6) FEET OF A PUBLIC RIGHT OF WAY WITHIN
CITY FOR A PERIOD IN EXCESS OF SEVENTY-TWO (72) HOURS. THE
PRESENCE OF SUCH A MOTOR VEHICLE OR PARTS THEREOF WITHIN SIX
(6) FEET OF A PUBLIC RIGHT OF WAY IS HEREBY DECLARED TO BE A
PUBLIC NUISANCEJ AND SAID NUISANCE SHALL BE ABATED IN
COMPLIANCE WITH THE TERMS OF THIS CODE AND/OR ACA 27-50-1201
ET. SEQ.
III. PARKING AND STORAGE OF INOPERABLE MOTOR VEHICLES -
~~IVAT~ ~~O~~~TY (8.08.033)
~O PERSON SHALL LEAVEJ PARKJ STORE.! OR PERMIT THE LEAVINGJ
PARKINGJ OR STORING OF ANY INOPERABLE MOTOR VEHICLE OR PARTS
THEREOF UPON ANY PRIVATE PROPERTY WITHIN CITY FOR A PERIOD IN
EXCESS OF FIFTEEN (15 ) DAYS. THE PRESENCE OF SUCH A MOTOR
VEHICLE OR PARTS THEREOF IN EXCESS OF SAID PERIOD IS HEREBY
DECLARED TO BE A PUBLIC NUISANCEJ AND SAID NUISANCE SHALL BE
ABATED IN COMPLIANCE WITH THE TERMS OF THIS CODE.
IV. :XC:'TIO~S - JRIVAT: '~O':~TY (8.08.034)
THE PROVISIONS OF SECTIONS II (8.08.032) AND III (8.08.038)
OF THIS CHAPTER SHALL NOT APPLY TO:
A) ANY MOTOR VEHICLE PARKED OR STORED WITHIN A
BUILDINGJ CARPORTJ OR OTHER SUCH SHELTER ON PRIVATE
PROPERTY; ANDJ
B) ANY MOTOR VEHICLE HELD IN CONNECTION WITH A
BUSINESS ENTERPRISE LAWFULLY LICENSED BY CITY
FOR REPAIR.! SALESJ AND/OR SERVICING OF MOTOR
VEHICLES OR PARTS THEREOF WHICH IS PROPERLY
OPERATED I N AN APPROPR I ATE BUS I NESS ZONE PURSUANT
THE CITY'S ZONING ORDINANCES.
V. NOTICE OF COMPLIANCE AFFIXED TO VEHICLE (8.08.035)
WHEN BROUGHT TO THE ATTENTION OF THE CODE ~NFORCEMENT OFFICE
AND/OR THE 'OLICE DEPARTMENT THAT A NUISANCE AS DEFINED ABOVE
APPEARS TO EXIST ON PRIVATE AND/OR PUBLIC PROPERTYJ A WRITTEN
~OTICE OF COMPLIANCE SHALL BE AFFIXED TO THE MOTOR VEHICLE
INVOLVED. SAID NOTICE SHALL DECLARE THE EXISTENCE OF A
NUISANCE AND ORDER ANYONE WITH AN INTEREST IN SAID MOTOR
VEHICLE TO COMPLY WITH THE PROVISIONS OF THIS CODE AND
ARKANSAS LAW BY REMOVING THE MOTOR VEHICLE WITHIN THE
APPROPRIATE TIME FRAMEJ WHETHER SAID TIME FRAME BE TWENTY-
FOUR (24) HOURSJ SEVENTY-TWO (72) HOURSJ OR FIFTEEN (15)
DAYS. IN ADDITIONJ SHOULD THE NUISANCE EXIST ON PRIVATE
PROPERTY J A COpy OF SAID NOTICE SHALL BE DELIVERED TO THE
OWNER OR OCCUPANT OF SAID PROPERTY. IF A COpy OF THE NOTICE
CANNOT BE DELIVERED TO THE OWNER OR OCCUPANT} A COpy OF THE
~OTICE SHALL BE LEFT AT SAID PROPERTYJ WITH A DUPLICATE COpy
SENT TO THE OWNER OR OCCUPANT OF THE PROPERTY BY CERT I F I ED
MAILJ RETURN RECEIPT REQUESTED.
w
ORDINANCE ~O. 1022 (#5-94)
, 1994
PAGE THREE
SAID NOTICE OF COMPLIANCE SHALL FURTHER CONTAIN A REQUEST FOR
REMOVAL WITHIN THE APPROPRIATE TIME PERIOD AS SPECIFIED
ABOVE. THE NOTICE SHALL ADVISE THAT J UPON THE FAILURE TO
COMPLY WITH THE ~OTICE OF COMPLIANCEJ THE CODE :NFORCEMENT
OFFICE AND/OR THE POLICE DEPARTMENT SHALL DIRECT AND ORDER
SUCH REMOVALJ WITH THE COST OF REMOVAL TO BE LEVIED AGAINST
THE OWNER OF SAID MOTOR VEHICLE.
SHOULD THE VIOLATION EXIST ON PRIVATE PROPERTYJ THE ~OTICE OF
COMPLIANCE SHALL ALSO ADVISE ANY INTERESTED PARTY OF THE
RIGHT TO CONTEST THE DETERMINATION OF THE CODE :NFORCEMENT
OFFICE THAT A VIOLATION EXIST UNDER THIS CODE AND OF HIS/HER
RIGHT TO REQUEST A HEARING BEFORE THE JACKSONVILLE BOARD OF
ADJUSTMENT IN WRITING IN COMPLIANCE WITH THE TERMS OF THIS
CHAPTER.
VI. . :A~ING (8.08.036)
UPON RECEIPT OF A WRITTEN REQUEST TO THE JACKSONVILLE BOARD
OF ADJUSTMENTJ DELIVERED TO THE CITY CLERK'S OFFICE WITHIN
TEN (10 ) DAYS OF I SSUANCE OF A NOT I CE OF COMPL I ANCE ON A
PART I CULAR MOTOR VEH I CLEJ THE CITY CLERK SHALL PLACE THE
REQUEST ON THE AGENDA FOR THE NEXT REGULARLY SCHEDULED
MEETING OF THE BOARD OF ADJUSTMENT. :URTHERJ THE CITY CLERK
SHALL NOT I FY IN WR I T I NG THE I NTERESTED PARTY AND THE CODE
ENFORCEMENT OFFICE OF THE DATE AND TIME OF SAID MEETING. A
PROPERLY FILED REQUEST FOR HEARING SHALL STAY ANY AND ALL
ENFORCEMENT PROCEEDINGS UNTIL AN ORDER OF THE BOARD OF
ADJUSTMENT IS ENTERED.
VII. BOA~D OF ADJUST~:~T D:T:~~I~ATIO~ (8.08.037)
THE BOARD OF ADJUSTMENT SHALL CONDUCT A HEAR I NG AND REV I EW
FOR DETERMINATION OF WHETHER A NUISANCE AS DEFINED HEREIN
EXIST. AFTER MAKING SAID DETERMINATIONJ THE BOARD OF
ADJUSTMENT SHALL ISSUE A WRITTEN ORDER STATING ITS FINDINGS
OF FACTS AND CONCLUSIONJ PROVIDING A COpy OF SUCH TO THE CITY
CLERKJ CODE :NFORCEMENT OFFICEJ AND THE INTERESTED PARTY WHO
FILED THE REQUEST FOR HEARING.
I N THE EVENT THE BOARD OF ADJUSTMENT DETERM I NES A MOTOR
VEHICLE CONSTITUTES A NUISANCE AS DEFINED HEREINJ IT SHALL
ORDER THE REMOVAL AND/OR REPAIR OF THE NUISANCE TO BE
COMPLETED WITH I N SEVENTY-TWO (72) HOURS FROM THE DATE OF
I SSUANCE OF THE ORDER. I F THE OWNER OR I NTERESTED PARTY
FAILS TO COMPLY WITH THE BOARD OF ADJUSTMENT'S ORDERJ SAID
MOTOR VEHICLE SHALL BE REMOVED IN ACCORDANCE WITH THE TERMS
OF THIS CODE AND ACA 27-50-1201 ET.SEQ.
VIII. REMOVA_ 0: ABA~DO~:D A~D I~OPE~AB_:~O-.O~ V:-IC_:S
(8.08.038)
I N THE EVENT AN ABANDONED AND/OR I NOPERABLE MOTOR VEH I CLE
SHALL BE REQUIRED TO BE REMOVED FROM PRIVATE OR PUBLIC
PROPERTYJ THE JACKSONVILLE POLICE DEPARTMENT SHALL OBTAIN THE
MOST RECENT REGISTRATION ON SAID VEHICLEJ DETERMINE IF SAID
VEHICLE IS STOLEN OR NOTJ AND SHALL THEN CONTACT A TOWING OR
WRECKER SERVICE IN ACCORDANCE WITH DEPARTMENT POLICY. THE
POLICE DEPARTMENT SHALL PROVIDE WHATEVER ASSISTANCE NECESSARY
TO ALLOW THE TOWING OR WRECKER SERVICE TO REMOVE SAID MOTOR
VEHICLE AND ELIMINATE THE NUISANCEJ AND SHALL PROVIDE THE
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
15
ORDINANCE ~O. ~022 (#5-94)
, 1994
PAGE FOUR
MOTOR VEHICLEJ AND SHALL PROVIDE PROOF OF NOTIFICATION TO
APPROPRIATE OWNERS/INTERESTED PARTIES OF VEHICLES INVOLVED TO
SAID OWNERS/INTERESTED PARTIES AND CITY OFFICIALS AT NO
CHARGE UPON REQUEST.
IX. ADOPTION OF STATE LAW BY <EFER:~CE (8.08.039)
THE TERMS AND CONDITIONS PROVIDED BY ARKANSAS STATE LAW
REGARDING THE REMOVAL AND DISPOSITION OF ABANDONED/INOPERABLE
MOTOR VEHICLES ARE HEREIN INCORPORATED BY REFERENCE INTO THIS
CODE. SHOULD THE JACKSONVILLE POLICE DEPARTMENTJ CODE
ENFORCEMENT OFFICEJ AND/OR ANY TOWING OR WRECKER SERVICE
INVOLVED IN THE ENFORCEMENT OF THIS CODE UTILIZE ARKANSAS LAW
IN THE REMOVAL OF ABANDONED/INOPERABLE MOTOR VEHICLESJ SAID
AGENCY OR SERVICE IS DIRECTED TO COMPLY FULLY WITH ALL
PROVISIONS CONTAINED THEREIN.
SECTION TWO: ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT OF SAID
CONFLICT.
S:CTIO~ -.. ~::: BECAUSE THE PASSAGE OF THIS ORDINANCE IS
NECESSARY FOR PUBLIC HEALTHJ PEACEJ AND SAFETY OF THE
C I T I ZENS OF JACKSONVI LLEJ AN EMERGENCY I S HEREBY DECLARED.
THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT IMMEDIATELY
UPON PASSAGE.
A ) )ROV::D A ~D ADOPTED T - IS :2. .4 DAY OF
Cf~
-l~.C )~
TOMMY SWAlM~ ~~
, 1994.
ATTEST:
, ~~ If;v,
UL'A-M:.!".~/?LEONARD J C
/(1;( .~
~OB:~ :. BA/~ ClT
'-~
V
CLERK
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