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1279 OOO:t=;~8 ORDINANCE NO. 1279 (#12 - 06) I AN ORDINANCE PROHIBITING REMOVAL OF ARTIFACTS AND/OR MEMORABILIA FROM HISTORIC SITES IN JACKSONVILLE, ARKANSAS; CREA TING JMC 19.40; AND, FOR OTHER PURPOSES. WHEREAS, the City of Jacksonville, Arkansas (the "City"), as a city of the first class, has certain sites where historic memorabilia may be located; and, WHEREAS, location devices such as metal detectors should not be allowed at such historic sites, for they can be used to locate and remove artifacts and memorabilia. If authorized and utilized by the Mayor and/or his designated agent(s) for purposes of locating artifacts and memorabilia to be placed on display at the Jacksonville Museum of Military History or for other authorized historic preservation purposes, such equipment and location efforts would be acceptable. NOW, THEREFORE, BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THA T: I SECTION ONE: Jacksonville Municipal Code 9 9.40. (Historic Preservation) shall be created and shall read as follows: JMC 9 9.40.010 -- It shall hereinafter be unlawful to remove any artifacts and/or memorabilia from federally designated historic sites within the city limits of Jacksonville. Use of location devices such as metal detectors is strictly prohibited. JMC 9 9.40.020 -- Unless authorized by the Mayor and/or his duly authorized agent(s) to retrieve such artifacts or memorabilia for display or historic preservation purposes, any person pleading guilty to, convicted of, or found guilty of such a violation shall be fined no less than Fifty Dollars ($50.00) and no more than Five Hundred Dollars ($500.00), together with applicable court costs. JMC 9 9.40.030 -- It shall further be unlawful for any person to negligently, purposefully, or recklessly damage, deface, and/or destroy any markers, improvements, or other facilities at any federally designated historic site within the city limits. In the event any person pleads guilty to, is convicted of, or is found guilty of such a violation, he/she shall be fined no less than Fifty Dollars ($50.00) and no more than Five Hundred Dollars ($500.00), together with applicable court costs. SECTION TWO: The provisions of this Ordinance are hereby declared to be severable. If any section, phrase, or provision shall be declared or held invalid, such invalidity shall not affect the remainder of the sections, phrases, or provisions. I SECTION THREE: All Ordinances and parts of Ordinances in conflict herewith are hereby repealed to the extent of said conflict. SECTION FOUR: This Ordinance shall take effect from and after its date of passage pursuant to and by applicable law. I I I OOG~L..:1 Ordinance No. 1279 (#12 - 06) Page Two APPROVED AND ADOPTED THIS Lt 1--\ DAY OF MAY, 2006. CITY OF JACKSONVILLE, ARKANSAS (- BY: ~ ~-uJ0-..vvv\ TOMMY SWAI~, MAYOR - ATTEST: /-.._~,-,,~ ~.-:. ' ~~~~'~< ~'~, r~;"(' ~""' '- d; "_"~~...... ~,,/ ,\ f:"i_~_~~ ?~/~ t r..,_,~ I'~' ~(t } -~id, "" -:- }~ /j -..~ -- .,.t: '\,' ~ "'~ t - ~f ~, ~ I ".-g. ~l ~ ~J 6J~ ~ ~~~- "."~ C'~.- ROBE