0888
j>
ORDINANCE NO.
888 (#12 -88)
AN ORDINANCE TO PROHIBIT THE DEPOSIT OF OFFENSIVE MATTER AND
LITTER ON HIGHWAYS, STREETS, AND REAL PROPERTY LOCATED WITHIN
THE CITY LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; REPEALING
ORDINANCE NO. 133; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, it is in the interest of the health, welfare, and
safety of the citizens of Jacksonville, Arkansas, to prohibit
the littering of property located within the city limits; and,
in order to do so, a stiffer fine and penalty must be imposed
to enforce this Ordinance against those who choose to litter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THAT:
Section 8.28.010 of the Jacksonville Municipal Code shall
read as follows:
SECTION ONE: It shall be unlawful to drop, deposit, discard,
or otherwise dispose of litter, trash, rubbish, or refuse of any
type upon any public or private property, including but not limited
to, highways, streets, private property, public property, lakes,
ponds, or other streams or bodies of water, within the city limits
of the City of Jacksonville, Arkansas, unless:
a. The property has been designated by the Department of
Pollution Control and Ecology as a permitted disposal
site; or,
b. The litter is placed in a receptacle intended by the
owner or tenant in lawful possession of that property
for the deposit of litter, if it is deposited in such
a manner as to prevent the litter from being carried
away or deposited by the elements upon any part of
the private or public property or waters; or,
c. The person is the owner or tenant in lawful possession
of the property and the litter remains upon the property
and the act does not create a public health or safety
hazard, a public nuisance, or a fire hazard. In this
respect, a property owner shall not be responsible for
the actions of his tenant in lawful possession of the
property.
SECTION TWO: Any person, firm, or corporation convicted
of a violation of the provisions of Section One of this Ordinance
shall be guilty of a Class 'c' Misdemeanor for a first offense,
a Class 'B' Misdemeanor for a second offense, and a Class 'A'
Misdemeanor for any subsequent offenses thereafter and will be
subject to a fine and/or jail sentence as follows:
a. For a Class 'c' Misdemeanor, the fine shall not
exceed $100.00 and the sentence shall not exceed
thirty (30) days;
b. For a Class 'B' Misdemeanor, the fine shall not
exceed $500.00 and the sentence shall not exceed
ninety (90) days;
c. For a Class 'A' Misdemeanor, the fine shall not
exceed $1,000.00 and the sentence shall not exceed
one (1) year.
SECTION THREE: Members of the Jacksonville Police Depart-
ment, the Pulaski County Sheriff's Department, and the Arkansas
State Police shall be responsible for enforcing the provisions of
this Ordinance.
c;
SECTION FOUR: All Ordinances or parts of Ordinances in
confl ict-fi<e"re'w'[th are hereby repealed to the extent of such
conflict.
SECTION FIVE: This Ordinance being necessary for the
immediate-pr'e'se'rvation of the public health, safety, and welfare,
an emergency is hereby declared to'exist and this Ordinance shall
be in full force and effect from and after its date of passage.
APPROVED AND ADOPTED THIS 15th DAY OF SEPTEMBER, 1988.
CITY OF JACKSONVILLE, ARKANSAS
By:~~L~
TO~~ SWAIM~AYOR
ATTEST:
X;) (/ (( ,/)
~ ~A ~~
c-~, L~if-~.-lo1ARDC;~r~~:~i-/~
APPROVED AS TO FORM: