INDEX

Section Page

A

ABATEMENT OF NUISANCE PROPERTIES

OR STRUCTURES 5.20 49.3

ADOPTION OF STATE LAWS 8.04 61

ALCOHOLIC BEVERAGES 4.16 43

ANIMALS CONTROL TITLE 6 50

ANNEXING, VACATING AND REZONING 14.16 105

B

BUILDING CODE 11.24 97

BUILDING PERMIT 11.04 86

BUILDINGS AND CONSTRUCTION TITLE 11 86

BUSINESS LICENSES & REGULATIONS TITLE 4 35

C

CABLE TELEVISION FRANCHISE 4.20 44

CASH MANAGEMENT FUND 3.16 34.2

CELLULAR TOWERS 14.12 105

CITY AND WARD BOUNDARIES 2.08 9

CITY ATTORNEY 2.32 15

CITY CLASSIFICATION 2.04 8

CITY COUNCIL 2.20 11

CITY EMPLOYEES DOING BUSINESS WITH CITY 3.20 34.3

CLAIMS AGAINST CITY 7.20 57

CONDEMNED STRUCTURES 11.20 94

CONTAMINATION BY DRUGS 5.16 49.1

CROSS CONNECTION PROGRAM 10.12 80

CURFEW 7.08 55

D

DEFERRED COMPENSATION PLAN 2.56 32.2

DEFINED CONTRIBUTION PLAN 2.52 32

DISTRICT AND CITY COURT 2.44 16

DOGS 6.04 50

E

E-911 SYSTEM 9.12 67

E-911 SYSTEM AMENDMENTS 9.16 69

ELECTRICAL CODE 11.12 89

ELECTRIC FRANCHISE 4.04 35

EMERGENCY VEHICLES 8.12 62

EXCAVATIONS AND ALTERATIONS 9.08 66.2

F

FIRE PREVENTION CODE 11.16 92

FISCAL AFFAIRS TITLE 3 33

FIXED ASSETS 3.12 34.1

FLOOD DAMAGE PREVENTION PROGRAM 14.08 104.2

G

GAS FRANCHISE 4.08 38

GENERAL PROVISIONS TITLE 1 1

H

HEALTH AND SANITATION TITLE 5 46

I

IDENTITY THEFT PREVENTION PROGRAM 10.24 85.1

L

LITTERING 5.12 49.1

LOITERING 7.12 55

M

MAINTENANCE OF REAL PROPERTY 5.04 46

MAYOR 2.24 12

N

NON-OPERATING VEHICLES 8.16 63

O

OCCUPATIONAL LICENSE 4.24 45.1

OPEN BURNING 7.32 59

OTHER ANIMALS 6.08 52

OUTSIDE FIRE SERVICE 7.28 59

P

PARKING 8.08 61

PARKS AND RECREATION TITLE 12 100

PERSONNEL POLICIES 2.48 17

PLANNING TITLE 13 102

PLANNING COMMISSION 13.04 102

PLUMBING CODE 11.08 88

POLICE DEPARTMENT 2.40 16

PUBLIC PEACE, SAFETY AND MORALS TITLE 7 54

PURCHASES 3.04 33

R

RECORDER/TREASURER 2.28 13

REFERENDUM PETITIONS 1.36 6

ROAD NUMBERING 9.12 67

S

SEPTIC TANKS 5.08 49

SEWER REGULATIONS 10.04 71

SIGNS AND BILLBOARDS 14.24 105.4

SINGLE TRANSACTION 3.08 34

SOCIAL SECURITY COVERAGE 2.12 10

SOLID WASTE COLLECTION 5.24 49.7

STANDARDS FOR DWELLING OCCUPANCY 11.28 99

STATE CRIMINAL STATUTES & PENALTIES 7.04 54

STREETS, ALLEYS, GUTTERS OR DITCHES 9.04 66

STREETS AND SIDEWALKS TITLE 9 66

SUBDIVISION REGULATIONS TITLE 15 106

T

TELEPHONE FRANCHISE 4.12 41

TRUCK ROUTES 8.08 61

U

UNCLAIMED PROPERTY 2.16 10

UTILITIES TITLE 10 71

V

VACATING OF STREETS 9.20 70

VACATION DISCONNECT FOR PUBLIC SERVICES 7.28 59

VEHICLES AND TRAFFIC TITLE 8 61

VOLATILE COMBUSTIBLES 7.24 58

W

WATER AND SEWER BONDS 10.20 85.1

WATER AND SEWER RATES 10.08 77

WEAPONS, PROHIBITED 7.16 57

WELLHEAD PROTECTION 10.16 84

Z

ZONING TITLE 14 104

MUNICIPAL CODE

A Code of the General Ordinances

of the City of Norfork, Arkansas

Date of Incorporation

1910

Prepared with

assistance of the

ARKANSAS MUNICIPAL LEAGUE

P. O. Box 38

2nd and Willow

North Little Rock, Arkansas 72115

Telephone: 374-3484

NORFORK MUNICIPAL OFFICIALS

At The Time Of This Code's Preparation

Mayor Amy Lakey

Clerk/Treasurer/Recorder Betty Baker

City Attorney Ron Kincade

Planning Commissioner Michael Holcer

Fire Chief Vickie Oliver

Water & Sewer Superintendent Cory McFall

Bookkeeper Betty Baker

Aldermen Marilyn Andrews Ray Miller

Dean Parnell Michael Holcer

Frankie Baker Don Sappington

ORDINANCE NO. ________

AN ORDINANCE ADOPTING AND ENACTING A

NEW MUNICIPAL CODE OF ORDINANCES OF

THE CITY OF NORFORK, ARKANSAS, ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY

FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORFORK, ARKANSAS:

Section 1. That the Code of Ordinances is hereby adopted and enacted as the "Norfork Municipal Code". Such code shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before _________________, to the extent provided in Section 2 hereof.

Section 2. That all provisions of such code shall be in full force and effect from and after the __________________ day of _______________. All ordinances of a general and permanent nature not included in such code are hereby repealed from and after the ________ day of _________________, except as herein provided. No resolution of the city, not specifically mentioned, is hereby repealed.

Section 3. That the repeal provided for in Section 2 hereof shall not affect any of the following:

(1) Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such code;

(2) Any ordinance promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness;

(3) Any contract or obligation assumed by the city;

(4) Any ordinance dedicating, naming, establishing, locating, relocating, opening, widening, paving, etc., any street or public way in the city;

(5) Any appropriation ordinance;

(6) Any ordinance which, by its own terms, is effective only for a stated or limited time;

(7) Any ordinance providing for local improvements and assessing taxes therefor;

(8) Any ordinance dedicating or accepting any subdivision plat; or

(9) Any ordinance enacted after ____________________.

Section 4. That whenever in such code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such code the doing of any act is required or the failure to do any act is declared to be unlawful and no specific penalty is provided therefor, the violation of any such provision of such code shall be punishable as provided by Section 1.32.01 of such code.

Section 5. That any and all additions and amendments to such code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such code so that reference to the Norfork Municipal Code shall be understood and intended to include such additions and amendments.

Section 6. That in case of the amendment of any section of such code for which a penalty is not provided, the general penalty as provided in Section 1.32.01 of such code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7. That three copies of such code shall be kept on file in the office of the Recorder/Treasurer preserved in looseleaf form or in such other form as the City Council may consider most expedient. It shall be the express duty of the Recorder/Treasurer, or someone authorized by the Recorder/Treasurer, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such code when the same have been printed or reprinted in page form, and to extract from such code all provisions which may be from time to time repealed by the City Council. These copies of such code shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or amend by additions or deletions any part or portion of such code, or to insert or delete pages or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the City of Norfork to be misinterpreted thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance.

Section 9. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 10. It is hereby found that many of the ordinances of the City of Norfork are not easily accessible to citizens and municipal officials and thereby has rendered it difficult for many persons to determine the actual laws in effect; and that the city has made unusual efforts to have the laws of the City of Norfork adopted and published. Therefore, an emergency is hereby declared to exist and this ordinance being necessary for the immediate preservations of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.

Approved and passed this ________ day of ________________.

____________________________________

Mayor

(SEAL)

ATTEST:

______________________________

Clerk/Treasurer/Recorder

LEGAL NOTICE

Notice is hereby given that the City of Norfork,

Arkansas, is planning to adopt the Norfork Municipal Code

for the city of Norfork, Arkansas.

Pursuant to Act 209 of 1961 and Act 267 of 1949 three copies

of the Norfork Municipal Code are on file in the office of the

Recorder/Treasurer for the inspection and view of anyone interested

in this ordinance. This ordinance will be considered at the meeting

of the City Council on _______________.

___________________________________ MAYOR

P R E F A C E

The Norfork Municipal Code is a codification of the general ordinances of the city of Norfork, Arkansas.

The loose-leaf binder and numbering system have been designed to permit the code to be easily and efficiently kept up to date. We hope this will enable the municipal code to be of the greatest assistance to the citizens and municipal officials of the city of Norfork.

ARKANSAS MUNICIPAL LEAGUE

CODE SERVICE

TABLE OF CONTENTS

Title 1 General Provisions

Title 2 Classification, Administration and Personnel

Title 3 Fiscal Affairs

Title 4 Business Licenses and Regulations

Title 5 Health and Sanitation

Title 6 Animals and Fowl

Title 7 Public Peace, Safety and Morals

Title 8 Vehicles and Traffic

Title 9 Streets and Sidewalks

Title 10 Utilities

Title 11 Buildings and Construction

Title 12 Parks and Recreation

Title 13 Planning

Title 14 Zoning

Title 15 Subdivision Regulations

TITLE 1

GENERAL PROVISIONS

Chapters:

1.04 How Code Designated and Cited

1.08 Rules of Construction

1.12 Subheadings of Sections

1.16 Effect of Repeal of Ordinances

1.20 Severability of Parts of Code

1.24 Amendments to Code

1.28 Altering Code

1.32 General Penalty

1.36 Referendum Petitions

CHAPTER 1.04

HOW CODE DESIGNATED AND CITED

Sections:

1.04.01 How code designated and cited

1.04.01 How code designated and cited. The ordinances embraced in the following chapters and sections shall constitute and be designated ANorfork Municipal Code" and may be so cited.

STATE LAW REFERENCE-See A.C.A. 14-55-701; et seq.

1

CHAPTER 1.08

RULES OF CONSTRUCTION

Sections:

1.08.01 Rules of construction

1.08.01 Rules of construction. In the construction of this code and all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council.

STATE LAW REFERENCE: A.C.A. refers to the official Arkansas Code Annotated which are the laws passed by the General Assembly of the State of Arkansas.

CITY. The words "the city" or "this city" shall mean the City of Norfork, Arkansas.

CITY COUNCIL. Whenever the words "City Council" or "Council" are used they shall be construed to mean the City Council of the City of Norfork, Arkansas.

COUNTY. The words "the county" or "this county" shall mean the County of Baxter, Arkansas.

GENDER. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, and corporations as well as to males.

MUNICIPALITY. The words "the municipality" or "this municipality" shall mean the City of Norfork, Arkansas.

NUMBER. Words used in the singular include the plural, and the plural includes the singular number.

OATH. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed".

OR, AND. "Or" may be read "and", and "and" may be read "or" if the sense requires it.

OTHER CITY OFFICIALS OR OFFICERS. Whenever reference is made to officials, boards, commissions, departments, etc., by title only, i.e., "Mayor", etc., they shall be deemed to refer to the officials, boards, commissions and departments of the City of Norfork,

Arkansas.

PERSON. The word "person" shall extend and be applied to firms, partnerships, associations, organizations and bodies politic and corporate, or any combination thereof, as well as to individuals.

SIDEWALK. The word "sidewalk" means a strip of land in front of or on the side of a house or lot of land lying between the property line and the street.

STATE. The words "the state" or "this state" shall be construed to mean the State of Arkansas.

STREET. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the City of Norfork, Arkansas.

TENSE. Words used in the past or present tense include the future as well as the past or present tense.

CHAPTER 1.12

SUBHEADINGS OF SECTIONS

Sections:

1.12.01 Subheadings of sections

1.12.01 Subheadings of sections. The subheadings of sections of this code, which are underlined, are intended merely to indicate the contents of the section and shall not

be deemed or taken to be titles of such sections, nor as any part of the section, nor unless expressly so provided, shall they be so deemed when any of such sections, including the subheadings, are amended or reenacted.

3

CHAPTER 1.16

EFFECT OF REPEAL OF ORDINANCES

Sections:

1.16.01 Effect of repeal of ordinances

1.16.01 Effect of repeal of ordinances. The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.

CHAPTER 1.20

SEVERABILITY OF PARTS OF CODE

Sections:

1.20.01 Severability of parts of code

1.20.01 Severability of parts of code. It is hereby declared to be the intention of the City Council of the City of Norfork , Arkansas, that the titles, chapters, sections, paragraphs, sentences, clauses, and phrases of this code are severable, and if any phrase, clause, sentence, paragraph, chapter, title or section of this code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall

not affect any of the remaining phrases, clauses, sentences, paragraphs, chapters, titles and sections of this code.

4

CHAPTER 1.24

AMENDMENTS TO CODE

Sections:

1.24.02 Amendments to code

1.24.01 Amendments to code. All ordinances passed subsequent to this code which amend, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this code and printed for inclusion herein. In the case of repealed titles, chapters, sections or subsections or any part thereof by subsequent ordinances, such repealed portions may be excluded from the code by omission from reprinted pages affected thereby.

Amendment to any of the provisions of this code may be made by amending such provisions by specific reference to the section number of this code in the following language: "That section ________________ of the Norfork Municipal Code is hereby amended to read as follows: . . ." The new provisions may then be set out in full.

In the event a new section not heretofore existing in the code is to be added, the following language may be used: "That the Norfork Municipal Code is hereby amended by adding a section (or title or chapter) to be numbered ________, which said section (or title or chapter) reads as follows: . . ." The new provisions may then be set out in full.

All sections, titles, chapters or provisions desired to be repealed must be specifically repealed by section, title or chapter number, as the case may be.

CHAPTER 1.28

ALTERING CODE

Sections:

1.28.01 Altering code

1.28.01 Altering code. It shall be unlawful for any person to change or amend by additions or deletions any part or portion of this code, or to insert or delete pages or portions thereof, or to alter or tamper with such code in any manner whatsoever, except by ordinance of the City Council, which shall cause the law of the City of Norfork , Arkansas to be misrepresented thereby. Any person violating this section shall be punished as provided by Section 1.32.01 hereof.

5

CHAPTER 1.32

GENERAL PENALTY

Sections:

1.32.01 General Penalty

1.32.01 General penalty. Whenever in this Municipal Code the doing of any act or the omission to do any act or duty is declared unlawful, and further, whenever the amount

of the fine shall not be fixed and no penalty declared, any person convicted for a violation of such provision of this code shall be adjudged to pay a fine of not more than Five Hundred Dollars ($500.00) and if the act is continuous, not more than Two Hundred and Fifty Dollars ($250.00) for each day of continuance. Provided, for any offense committed against

the code for which there is set forth by state law a similar offense the penalty therefor shall be no less nor greater than that set forth by state law.

STATE LAW REFERENCE-See A.C.A. 14-55-504

CHAPTER 1.36

REFERENDUM PETITIONS

Sections:

1.36.01 Filing date

1.36.02 Notice of hearing

1.36.03 City Council calls election

1.36.04 Upon defeat of ordinance

1.36.01 Filing date. All referendum petitions under Amendment No. 7 to the Constitution of the State of Arkansas must be filed with the Recorder/Treasurer within thirty (30) days after passage of such ordinance.

1.36.02 Notice of Hearing. Whenever any referendum petition is filed the City Council shall give notice by publication for one insertion of a time not less than five (5) days after the publication of such notice at which they will hear all persons who wish to be heard on the question whether such petition is signed by the requisite number of petitioners. At the time named the City Council shall meet and hear all who wish to be heard on the question, and its decision shall be final unless suit is brought in the Chancery Court of Baxter County within thirty (30) days to review its action.

6

1.36.03 City Council calls election. If the City Council of the City of Norfork, Arkansas, finds that such petition is signed by the requisite number of petitioners, it may order a special election or place the question on the ballot at the next municipal general election to determine by vote of the qualified electors whether the ordinance shall stand or be revoked. The date for any special election shall be set less than thirty (30) days after the order therefor has been made by the Council, and said special elections shall be had

and conducted as general municipal elections held in the City of Norfork.

1.36.04 Upon defeat of ordinance. If any ordinance referred to the people is defeated at the polls, the City Council of the City of Norfork, Arkansas, shall make a note of such fact and shall expunge such ordinance from its files.

STATE LAW REFERENCE - See Const., Amend. No. 7 and A.C.A. 14-55-301

S-13

TITLE 2

CLASSIFICATION, ADMINISTRATION AND PERSONNEL

Chapters:

2.04 City Classification

2.08 City and Ward Boundaries

2.12 Social Security Coverage

2.16 Unclaimed Property

2.20 City Council

2.24 Mayor

2.28 Recorder/Treasurer

2.32 City Attorney

2.40 Police Department

2.44 District and City Court

2.48 Personnel Policies

2.52 Defined Contribution Plan

2.56 Deferred Compensation Plan

CHAPTER 2.04

CITY CLASSIFICATION

Sections:

2.04.01 Operation as second class city

2.04.01 Operation as second class city. The classification of the town of Norfork, Arkansas is hereby changed from an incorporated town to a city of the second class. The City Council shall form the city into the number of wards that to them will seem to best serve the interests of the city. (Ord. No. 37, Sec. 1-2.)

STATE LAW REFERENCE - See A.C.A. 14-37-105

8

S-16

CHAPTER 2.08

CITY AND WARD BOUNDARIES

Sections:

2.08.01 Division into wards

2.08.01 Division into wards The city of Norfork, Arkansas, is hereby divided into three (3) wards, each of which have representation in the City Council as now provided by law, said wards shall be known as 1st Ward, 2nd Ward and 3rd Ward.

A. 1^st Ward Stone Creek Subdivision, Porterfield Estates, Norfork Village and Norfork Village 1^st Addition, Norfork Village 4^th Addition, River Ridge Park Addition and Hwy 5 North of the North Fork Bridge in Baxter County, city of Norfork, Arkansas, as the same are shown and designated on the plats in the office of the city of Norfork’s Recorder/Treasurer office and in the office of the County Clerk of Baxter County, Arkansas.

B. 2^nd Ward Properties on Russ Road, Priola Lane, County Road 63, Riverside Acres, First Street, Second Street, Third Street, Fourth Street, Blevins Street, Chastain Street, Main Street and River Road to behind the Apartment Complex South to city limit including part of the NE ¼ , NW ¼ of Section 28-18-12 in Baxter County, city of Norfork, Arkansas, as the same are shown and designated on the plats in the office of the city of Norfork’s Recorder/Treasurer office and in the office of the County Clerk of Baxter County, Arkansas.

C. 3^rd Ward Hwy 5 south to city limit, Gregory Street, Hale Lane, Morrison Street, Rebel Lane, Hwy 177 south to city limit, Mildred Simpson Drive, Jordan Road northeast to city limits in Baxter County, city of Norfork, Arkansas, as the same are shown and designated on the plats in the office of the city of Norfork’s Recorder/Treasurer office and in the office of the County Clerk of Baxter County, Arkansas. (Ord. No. 2010-6, Sec. 1.)

9

CHAPTER 2.12

SOCIAL SECURITY COVERAGE

Sections:

2.12.01 Contract

2.12.02 Withholding taxes from wages

2.12.03 City to match withholding

2.12.01 Contract. The Mayor and Recorder/Treasurer of the city of Norfork, Arkansas, are hereby authorized and directed to enter into an agreement with the State of Arkansas for the purpose of obtaining insurance coverage for the employees of the city under the terms and provisions of the Federal social Security Act. (Ord. No. 19821, Sec. 1.)

2.12.02 Withholding taxes from wages. Commencing 1-5-82, each employee=s insurance contribution shall be deducted from his salary check in accordance with the terms and provisions of the said Social Security Act. (Ord. No. 19821, Sec. 2.)

2.12.03 City to match withholding. Commencing 1-5-82, there is hereby appropriated from the General Fund of the city of Norfork, Arkansas, the sums of money necessary to pay the city=s share of the insurance tax in accordance with the terms and provisions of the said Social Security Act. (Ord. No. 19821, Sec. 3.)

CHAPTER 2.16

UNCLAIMED PROPERTY

Sections:

2.16.01 Disposal

2.16.02 Sale

2.16.03 Proceeds of sale to owner

2.16.04 Proceeds remaining after six months

2.16.01 Disposal. The Mayor, under the direction hereinafter set out, is hereby authorized and directed to dispose of at public auction all unclaimed personal property rightfully coming into the hands of his office and to dispose of other confiscated property confiscated under the orders of the City Court with the exception of confiscated liquor.

STATE LAW REFERENCE - For procedure relating to liquor, See A.C.A. 3-3-312

10

S-9

2.16.02 Sale. All unclaimed personal property coming into the hands of the Mayor will be held by him for a period of six (6) weeks or longer. If property remains unclaimed, he shall periodically advertise such property in some newspaper of general circulation in the city of Norfork once each week for three (3) consecutive weeks setting forth in the notice the time for the sale which shall not be earlier than five (5) days after the last publishing of the notice and no later than ten (10) days thereafter, designating an easily accessible place for the sale thereof, and giving a complete list and description of unclaimed articles to be sold. The Mayor shall have the right to refuse any and all bids not satisfactory and will then proceed to advertise these items for sale at a later date. Terms of such sale shall be for cash only. Nothing in this chapter shall prohibit any person who properly identifies any of the property as being their own before the sale from claiming and having property restored to them.

2.16.03 Proceeds of sale to owner. The Recorder/Treasurer shall deposit the receipt from the aforesaid sale of unclaimed property in the treasury and the Treasurer is to keep these funds in a special account for a period of six (6) months and any person identifying as his own any of such property within the six (6) month period shall upon the presentation of satisfactory proof be paid by the city out of the special account the amount for which the property was sold. The Recorder/Treasurer or some person designated by him shall keep in a well bound book an accurate record and description of each piece of unclaimed property passing through his office and the price for which it was sold and the date, the name and address of those who purchased same, as well as a complete record of those who identified and claimed any of the property before it was sold.

2.16.04 Proceeds remaining after six months. All proceeds from the sale remaining in the special fund for a period of six (6) months shall by the Treasurer be transferred to the city's general fund and no further payment shall be made therefrom to anyone who thereafter claims ownership.

CHAPTER 2.20

CITY COUNCIL

Sections:

2.20.01 Council meetings - regular

2.20.02 Council meetings - special

2.20.03 Freedom of information procedure

2.20.04 Order of business

2.20.01 Council meetings - regular. All regular meetings of the Council shall be held at the municipal building. A workshop shall be held on the second Tuesday at 6:30 p.m. and a Council meeting shall be held on the third Tuesday at 6:30 p.m. of each month. (Ord. No. 03-13, Sec. 1.)

11

2.20.02 Council meetings - special. Special meetings of the City Council of the City of Norfork , Arkansas, may be held upon the call of the Mayor, whenever in his opinion it shall be necessary, or by three (3) members of the Council by giving at least three (3) days' notice of such special meeting, by giving notice in writing which notice shall be served personally or through the mails to all members of the Council, which notice shall state the time of the meeting and purpose thereof.

2.20.03 Freedom of information procedure. All meetings of the City Council of the City of Norfork, Arkansas, shall be public meetings. Notice of the time, place and date of all special meetings shall be given to representatives of the newspapers and radio stations located in Baxter County, Arkansas, which have requested to be notified at least two (2) hours before the special meeting takes place.

2.20.04 Order of business. At all meetings of the Council the following shall be the order of business unless the Council by a majority vote shall order otherwise.

(1) Call to order

(2) Roll call

(3) Reading of minutes of the previous meeting

(4) Reports of boards and standing committees

(5) Reports of special committees

(6) Unfinished business

(7) New business

(8) Announcements

(9) Adjournment

CHAPTER 2.24

MAYOR

Sections:

2.24.01 Office created

2.24.02 Election

2.24.03 Duties

2.24.04 Appointment of officers

2.24.05 Salary

2.24.01 Office created. The office of Mayor is hereby created for the City of Norfork , Arkansas.

2.24.02 Election. On the Tuesday following the first Monday in November, 1978 and

12

S-16

every four (4) years thereafter, the qualified voters of the city of Norfork , Arkansas, shall elect a Mayor for four (4) years.

2.24.03 Duties As chief executive of the city, the Mayor shall preside over all meetings of the City Council of the city of Norfork, Arkansas, and shall perform such duties as may be required of him by state statute or city ordinance.

2.24.04 Appointment of officers The Mayor shall appoint, with the approval of the City Council of the city of Norfork, Arkansas, (where such approval or confirmation is required) all officers of the city whose election or appointment is not provided for by state statute or city ordinance.

2.24.05 Salary The City Council of Norfork, Arkansas, as required by municipal code 2.24.05 hereby set the salary for the Mayor of the city of Norfork at One Thousand Two Hundred Sixty Dollars ($1,260.00) per month. (Ord. No. 2008-12, Sec. 1.)

CHAPTER 2.28

RECORDER/TREASURER

Sections:

2.28.01 Offices combined

2.28.02 Compensation

2.28.03 Duties

2.28.04 Collector

2.28.01 Offices combined The position of City Recorder be combined with the office of City Treasurer; and that both positions be hold by one and the same elected official. (Ord. No. 50, Sec. 1.)

2.28.02 Compensation The salary of the Recorder/ Treasurer shall be set by the City Council.

STATE LAW REFERENCE - Constitutional Amendment No. 56

2.28.03 Duties The duties of the Recorder/Treasurer shall be:

(1) To keep an accurate and complete record of the finances of the different departments of the city and of the receipts and disbursements of funds belonging to the different departments of the city, as designated by the City Council.

13

S-14

(2) To perform such other duties as may be required by the ordinances of the city or laws of the state.

2.28.04 Collector The Recorder/Treasurer shall be the collector of all occupational and privilege taxes and other taxes for the city. The Recorder/Treasurer shall keep records on all occupational and other taxes and moneys collected.

CHAPTER 2.32

CITY ATTORNEY

Sections:

2.32.01 Appointment

2.32.02 Duties

2.32.01 Appointment The City Council may elect a prosecuting attorney whose duty it shall be to represent the said city either civil or criminal in which said city is interested. (Ord. No. 19, Sec. 1.)

2.32.02 Duties The attorney for the city of Norfork, Arkansas shall have authority to file information charging any person or persons with violating any ordinance of the said city of Norfork. Without giving bond for costs and in case of conviction in any case which said prosecuting attorney may prosecute the said attorney of the above named city shall be allowed the same fees as are allowed the prosecuting attorney in similar cases in Circuit Courts of Baxter County, Arkansas. (Ord. No. 19, Sec. 2.)

CHAPTER 2.40

POLICE DEPARTMENT

Sections:

2.40.01 Police Department established

2.40.02 Interlocal Cooperation Agreement

2.40.01 Police Department established A Police Department shall be established for the city of Norfork, and the chief of Police shall be appointed by the Mayor with the approval and

14

S-14

establishment of employment conditions at the time of final approval by the City Council. Funding for the position shall be provided for in the General Fund Budget and approved by the Council. (Ord. No. 2007-14, Sec. 1.)

2.40.02 Interlocal Cooperation Agreement

A. The Mayor, Recorder/Treasurer, and Chief of Police, acting upon behalf of the city of Norfork, are hereby authorized and empowered to enter into an Interlocal Cooperation Agreement between the city of Norfork and the Baxter County Sherill’s Office for the purpose of enhancing law enforcement services to citizens residing in and around the corporate limits of the city of Norfork.

B. A copy of said Interlocal Cooperation Agreement is attached hereto and incorporated here in by reference in its entirety.

C. From and after the effective date of this agreement, officers of the city of Norfork Police Department are authorized and empowered by said agreement to have and exercise law enforcement authority, including powers of detention and arrest, outside the corporate limits when specifically and directly asked or requested to by the Sheriff of Baxter County or any of his deputies.

D. Upon the completion, resolution, or termination of the disturbance incident, or complaint upon which a request for assistance was made by the Sheriff or his deputies, the extra-territorial authority of officers of the city of Norfork Police Department shall cease to exist until such time as a subsequent specific and direct request for assistance is made by the Sheriff or his deputies.

E. Neither the City Council by enactment of this ordinance, nor any part, section, clause, or phrase of the attached Interlocal Cooperation Agreement shall serve to give either express or implied extra-territorial general law enforcement authority or jurisdiction to officers of the city of Norfork Police Department through their own initiative, until and unless there is a specific and direct request for assistance on a particular disturbance, incident, or complaint from the Sheriff or one of his deputies.

F. The Chief of Police shall be responsible for administering the terms and conditions of said agreement on behalf of the city of Norfork, based upon the intent of the City Council as outlined herein above.

G. The Interlocal Cooperation Agreement adopted hereby is for no specific period or length of time and shall be subject to cancellation, annulment, or revocation in whole or in part either by order of the City Council or by order or action of Sheriff of Baxter County. (Ord. No. 2008-2, Secs. 1-7.)

15

S-14

CHAPTER 2.44

DISTRICT AND CITY COURT

Sections:

2.44.01 District Court established

2.44.02 Qualifications and powers of District Judge

2.44.03 Court fines

2.44.04 Criminal Justice Fund

2.44.05 City Court established

2.44.06 Designation of Judge and compensation

2.44.07 Jurisdiction

2.44.01 District Court established The District Court is hereby established for the city of Norfork, Arkansas.

2.44.02 Qualifications and powers of District Judge The District Judge shall possess the same qualifications and have the same powers, jurisdiction, functions and duties as is provided by state law for other district judges.

2.44.03 Court fines

A. Under the authority of Act 860 of 1983, there is hereby levied and shall be collected from each defendant upon plea of guilty, nolo contendere, forfeiture of bond, or determination of guilt for misdemeanors or traffic violations in each case brought in the City Court of Mountain Home, Arkansas the sum of Five Dollars ($5.00). (Ord. No. 62, Sec. 1.)

B. Under authority of A.C.A. 16-17-129, there is hereby levied an additional Five Dollar ($5.00) fine to be levied on every defendant who pleads guilty, nolo contendere, who is found guilty in the District Court of the city of Norfork, Arkansas.

The monies collected by the levy of this fine shall be deposited in the Norfork Court Account until monthly settlement is made for court costs and fines. At this time monies collected by the levy of this fine shall be deposited in the Criminal Justice Account of the city of Norfork, Arkansas.

All monies collected by the levy of this fine shall be used solely to help defray the cost of incarcerating city of Norfork prisoners in the Baxter County Jail. (Ord. No. 2008-8, Secs. 1-3.)

S-15

C. Under authority of Arkansas A.C.A. 16-17-129 there is hereby levied an additional Fifteen Dollar ($15.00) fine to be levied on every defendant who pleads guilty, nolo contendere, or who is found guilty in the District Court of the city of Norfork, Arkansas.

The monies collected by the levy of this fine shall be deposited in the “Norfork Court Account” until monthly settlement is made for court costs and fines. At this time monies collected by the levy of this fine shall be deposited in the “Criminal Justice Account of the city of Norfork, Arkansas.”

All monies collected by the levy of this fine shall be used solely to help defray the cost of incarcerating city of Norfork prisoners in the Baxter County Jail. (Ord. No. 2009-7, Secs. 1-3.)

2.44.04 Criminal Justice Fund The monies collected by levy of this additional court cost shall be deposited in the City Court Account until monthly settlement is made for court cost and

money collected by this levy shall be deposited into a bank account known as the “Criminal Justice Fund of the city of Norfork” and such monies shall be used solely for reimbursing the County for expenses incurred in incarcerating city prisoners. (Ord. No. 82-5, Sec. 2.)

2.44.05 City Court established That a City Court is hereby created with the power and duties set forth in the statutes of Arkansas and the Mayor is authorized as provided by law to designate a licensed attorney to serve as Judge of said court at the will of the Mayor. All fines and penalties assessed by said City Court shall be paid into the City Treasury. (Ord. No. 2000-9, Sec. 1.)

2.44.06 Designation of Judge and compensation The Mayor hereby designates Judge Van A. Gerhart, who serves as District Judge of Mountain Home, Arkansas, to serve as City Judge of Norfork, Arkansas, beginning August 1, 2000. The City Judge shall be paid reasonable compensation by the city of Norfork from the general fund as contracted services; such compensation shall be as determined by the City Council from time to time. The compensation to be paid to the City Judge at the present time shall be $100.00 per court session, beginning August 1, 2000. The Judge shall be responsible for his own travel and other expenses; except, however, the city shall upon submission and approval pay all reasonable and necessary office expenses of the court (such as forms and supplies). (Ord. No. 2000-9, Sec. 2.)

2.44.07 Jurisdiction The jurisdiction of the Norfork, City Court shall be the same as the jurisdiction of the justices of the peace for criminal cases, and costs may be adjusted in said court in the same amount as now or may hereafter be provided for in justice of the peace court with the right of the Judge of said court to issue all writs, processes, decrees and judgments as may now or hereafter be authorized by law. (Ord. No. 2000-9, Sec. 3.)

16.1

CHAPTER 2.48

PERSONNEL POLICIES

Sections:

2.48.01 Personnel Policy Handbook

2.48.02 General employee benefits

2.48.03 Matters affecting the status of employees

2.48.04 Standards of conduct

2.48.05 Miscellaneous information

2.48.01 Personnel Policy Handbook. The following personnel policies shall apply to all employees of the City of Norfork.

A. Equal Opportunity Employer. The City of Norfork, Arkansas, is committed to providing equal employment opportunities without regard to race, color, religion, national origin, sex, age, handicap or veteran status as required by all federal and state laws. Furthermore, the city does not discriminate on the basis of disability. The city's commitment extends to all employment-related decisions, terms and conditions of employment, including job opportunities, promotions, pay and benefits.

B. At-Will Employer. The City of Norfork, Arkansas, is an at-will employer. This means that the City of Norfork or any city employee may terminate the employment relationship at any time for any reason with the understanding that neither has an obligation to base that decision on anything but his or her intent not to continue the employment relationship. No policies, comments, or writings made herein or during the employment process shall be construed in any way to waive this provision.

C. Job Posting And Advertising.

1. Application for employment will be accepted from anyone who wishes to apply for employment upon forms provided by the city.

2. In the event of a job opening, the particular position or positions available

will be announced and posted in a newspaper of general circulation at least

ten (10) days prior to the deadline for receiving applications. Copies of the job

announcement form will be distributed to city departments and as appropriate, to

public and private employment agencies, local newspapers and other sources

which might provide recruitment resources. Recruitment resources will be

notified at least ten (10) days prior to the predetermined cut-off date for receiving

17

S-4

applications.

3. Applications for full-time city employment will not be accepted from anyone under eighteen (18) years of age. Except as otherwise provided by Arkansas law, the Mayor shall make the final decision with respect to hiring new employees and promoting existing employees.

D. Post Offer Pre-Employment Physicals.

1. Post offer pre-employment physicals will be required for every applicant to be hired for the city in a permanent employment position. Such examinations shall be paid for by the city and shall be used to determine whether the applicant

can perform the essential functions of the job with or without reasonable

accommodation. The examinations shall be performed by licensed physicians selected by the Mayor. These medical files shall be maintained in the physician's office with a summary report provided to the Mayor whether the employee can or cannot do the job and what, if any, restrictions are necessary to determine any work restructuring or accommodations. Although the physicians make the medical determinations relative to physical/mental requirements of the job and any direct safety threat determinations, their determinations are only recommendations subject to the decision to make reasonable accommodation or not by the Mayor. Only in cases of emergency may an employee begin work prior to the post-employment job offer medical examination, but employment is subject to passing such examination.

Post offer pre-employment physicals shall include pre-employment drug testing.

(Ord. No. 2000-14, Sec. 1.)

2. Reports and records of all physical, psychological and mental exams shall be kept in the offices of the physicians or mental health practitioners with only a summary report provided to the Mayor to be kept in a confidential file apart from the personnel file. Should there be a dispute concerning the exam, or should a supervisor be informed as to the need for reasonable accommodation including job restructuring, the report shall be made available to the necessary legal and supervisory or administrative personnel within the city government.

E. Fitness For Duty Exam. Employees who become incapacitated due to mental or physical disabilities from performing the essential job functions with or without reasonable accommodation or who pose a direct safety threat shall be subject to a fitness for duty examination. Based on the findings of the exam and other job restructuring factors, the Mayor shall take such action as is necessary for the good of the city.

18

S-11

2.48.02 General employee benefits.

A. Vacation Accrual Rate

1. Vacation time for non-uniformed employees: Vacation is granted to all full time employees who have completed six (6) months of service.

Years of Service Earning Rate (days/yr) Available

0-6 months .8333/month (5 days) 6 month anniversary

6-12 months .8333/month (5 days) 1 year anniversary

2-5 years .8333/month (10 days/yr) each anniversary

6-14 years 1.25/month (15 days/yr) each anniversary

15 or more 1.666/month (20 days/yr) each anniversary

(Ord. No. 05-9, Sec. 1.)

2. The amount of personnel off at any one time will be governed by the Supervisor based upon departmental work loads.

3. Employees should notify their department heads at least one (1) week in advance of being absent for vacation time.

4. If a holiday occurs during the calendar week in

which a vacation period is scheduled for an employee, the employee's vacation should be extended for one (1) additional working day.

5. Accrued time will be paid if the employee leaves the employment of the city. Vacations are not cumulative and no more than five (5) days may be carried over six (6) months past the anniversary date without written approval of the Mayor.

C. Holidays and Holiday Pay.

1. The appropriation made by the City Council for salaries shall include additional pay for holidays for all agents, servants and employees of the city, including but not limited to uniformed employees, as provided by the laws of the state of Arkansas.

2. Holidays.

New Year's Day January 1st

Memorial Day Last Monday in May

Independence Day July 4th

Labor Day First Monday In September

Veteran's Day November 11

19

S-11

Thanksgiving Day Fourth Thursday in November

The Day after Thanksgiving

Christmas Eve December 24th

Christmas Day December 25th

Personal Leave Day At employee's discretion

D. Sick Leave

Non-uniformed employees.

1. The city of Norfork recognizes that inability to work because of illness or injury may cause economic hardships. For this reason, the city of Norfork provides paid sick leave to full-time employees. Eligible employees accrue sick leave at the rate of one (1) month of employment and is available immediately..(Ord. No. 05-9, Sec. 2.)

2. Any sick leave days accumulated which are not used in any calendar year may be carried over as accumulated sick leave days for the succeeding calendar year up to a maximum of sixty (60) days.

3. An employee may be eligible for sick leave days for the following reasons:

a. Personal illness or physical incapacity;

b. Quarantine of an employee by a physician or health officer;

c. Illness in the immediate family which would require the employee to take care of the family member(s); or

d. Medical, dental and optical visits.

4. An employee who is unable to report for work due to one of the previously listed sick leave reasons shall report the reason for his absence to the employee's supervisor or some other person acting for the employee's supervisor within two (2) hours from the time the employee is expected to report for work. Sick leave with pay may not be allowed unless such report has been made as aforementioned.

5. Employees who are absent more than three (3) consecutive days due to unconfirmed illness may be required by the supervisor or department head to submit a physician's statement.

6. Absence for part of a day that is chargeable to sick leave in accordance with these provisions shall be deducted from accrued leave in amounts of not less than one-half (1/2) day increments. An employee who uses all of his or her accrued sick leave days shall thereafter be placed on an inactive, without pay status.

20

7. Employees will not be paid for accrued sick days upon termination of employment with the city. However, in all matters concerning sick leave for fire and police employees, strict compliance with Arkansas statutes is required.

E. Funeral or Bereavement Leave.

1. Funeral leave with pay up to a maximum of three (3) calendar days shall be granted to all city employees in cases of death or in the circumstances of death in the immediate family only.

2. Immediate Family shall include mother, father, brother, sister, son, daughter, grandparents, son-in-law, daughter-in-law, spouse, spouse's immediate family or those relatives who live in the employee's household including "step" relatives.

3. Travel time may be granted upon prior approval of the Mayor in addition to the three (3) days where travel time of more than eight (8) hours is necessary.

4. The Mayor may grant funeral leave of not more than one (1) day for an employee to be a pallbearer or attend a funeral of someone not within the immediate family.

F. Maternity Leave. Employees affected by pregnancy, childbirth or related medical

conditions shall be treated the same for all employment-related purposes as persons disabled for non-pregnancy-related reasons. Therefore, accrued sick leave and vacation leave, if representative of the employee, will be granted for maternity use after which leave without pay must be used.

G. Military Leave.

1. In times of war or national emergency, full-time employees are entitled to receive a leave of absence without pay upon joining or being called into military service of the United States of America.

2. Employees who are members of a military service organization or National Guard unit shall be entitled to a military leave of fifteen (15) days with pay plus necessary travel time. (A.C.A. 21-4-102 as amended by Act 673 of 1991; A.C.A. 6-17-306; 21-4-212.)

H. Court Duty Leave. Employees will be granted leave with pay for witness or jury duty. Employees are also permitted to retain the allowance for services from the Court for such service. To qualify for jury or witness duty leave, employees must submit to the Mayor a copy of the summons or other relevant court related paperwork as early as

21

S-11

possible upon receipt thereof. In addition, proof of service must be submitted to the employee's supervisor when the employee's period of jury or witness duty is completed.

I. Miscellaneous Leave. The attendance of employees at seminars and training programs is considered part of their continuing professional development. Attendance at these meetings is to be pre-approved by Mayor. In the event employees are required to attend these meetings at a location requiring an overnight stay or travel time in excess of the employee's normal work day, overtime will not be paid. However, the city will pay all reasonable out-of-pocket expenses for lodging, travel costs, meals etc. pursuant to its regular expense policy.

J. Employee Health Benefits. The City of Norfork provides a group health plan for all its full-time employees. Detailed information on the policy and coverage should be given to the employee when the employee is hired. Additional information may be obtained from City Hall.

1. Occupational Injuries. All employees of the city are covered under the Arkansas State Workers' Compensation Law. Any employee incurring an "on-the-job" injury should immediately notify his supervisor, who will arrange for appropriate medical treatment and prepare the necessary reports required in order for the employee to be compensated. Rules and regulations concerning Workers' Compensation have been posted on the department bulletin boards.

2. Accidental Injury. If any full-time employee is involved in an accident (not job connected) and the injury sustained in such accident necessitates that the employee be absent from work, the employee shall be entitled to receive pay at a regular salary for the number of days accumulated sick leave credited to that employee at the time the accident occurred.

K. Retirement Plan

1. Defined contribution Plan: The City Council will determine annually that amount to be contributed by the city for full and part time permanent employees. This amount will be contributed for each employee on a regular basis as the plan requires.

2. Deferred Compensation Plan: All employees of the city are eligible to make contribution to the retirement plan. Each employee shall notify the payroll department of their desire to participate and the amount they wish

21.1

S-11

to have withheld for this purpose. The amount will be deducted from the employee's pay check and submitted to the plan as required. (Ord. No. 05-9, Sec. 3.)

2.48.03 Matters affecting the status of employees.

A. Attendance. Employees shall be in attendance at their work stations in accordance with the rules and regulations established by the Mayor and Council. All departments shall keep daily attendance records of all employees which shall be reported to the Mayor on the form and on the date specified by the Mayor and Council.

B. Work Hours.

1. Except for police officers and firefighters, work hours for all employees shall be forty (40) hours per week. Work hours for police and fire employees shall be in accordance with state statutes and departmental regulations.

22

S-5

2. The city reserves the right to adjust and change hours of work, days of work and schedules in order to fulfill its responsibility to the citizens of the city of Norfork. In the event of an emergency, previously scheduled hours of work, days of work and work arrangements may be altered at the discretion of the department head. Changes in work schedules will be announced as far in advance as practicable.

3. Whenever possible, employee work schedules shall provide a rest period (break) during each four-hour work shift. Reasonable time off for a meal will be provided.

C. Overtime Pay.

1. Overtime will be paid for hours worked in excess of forty hours per week. The rate of pay for overtime shall be one and one-half (2) the employee's normal hourly rate.

2. Upon the direction or approval of the Mayor, compensation for overtime may be made in the form of compensatory leave to the employee. The overtime record of the Mayor shall be final with respect to the number of compensatory leave days earned of an employee. No more than 40hours of compensatory leave may be accumulated in one year and must be taken within that same year. And should be scheduled in the same manner required for vacation. Once the leave reached 40 hours anything over that either must be paid or taken off by the employee. If at the end of the same physical year beginning 01-01 and ending 12-31, the employee has accumulated 40 hours and has not or can not take that time off, then the employee must be paid for that time. (Ord. No. 01-04, Sec. 1.)

D. Vacancies and Promotions.

1. It is the intent of the city of Norfork to hire and promote the most qualified applicant for all vacant positions. To give the employees of the city of Norfork an opportunity to apply for job vacancies, announcements of job openings will be posted on employee bulletin boards.

2. In accordance with E.E.O.C. (Equal Employment Opportunity Commission) guidelines and policies, notice of job vacancies will be sent to the appropriate news media and employment agencies throughout the relevant labor market. A job description of each vacant position will be provided upon request.

3. The final decision regarding promotions shall be made by the Mayor upon recommendation of the Supervisor.

E. Training. The city of Norfork is committed to continuing and on-going training for all employees. However, in addition to formal training provided by the city for various positions, each employee has the responsibility of ascertaining for himself that he is possessed with sufficient training to enable him to perform his job. In the event that

23

S-6

the employee feels that additional training is needed, he should notify his department head. Expenses incurred in on-the-job training should be assumed by the city.

F. Performance Evaluations.

1. To ensure that employees perform their jobs to the best of their ability, it is important that they be recognized for good performance and that they receive appropriate suggestions for improvement when necessary.

2. Consistent with this goal, an employee's performance will be evaluated by the supervisors on a quarterly basis. Final evaluations are normally done annually. (Ord. No. 01-05, Sec. 1.)

3. All written performance reviews will be based on the employee's overall performance in relation to the employee's job responsibilities and will also take into account the employee's conduct, demeanor and record of attendance along with any tardiness. In addition to regular performance evaluations described above, special written performance evaluations may be conducted by the employee's supervisor at any time to advise the employee of his current level of performance and where appropriate, the existence of performance or disciplinary problems and solutions.

4. It should be noted that a performance evaluation does not necessarily mean a salary adjustment.

G. Job Safety.

1. Safety is largely the use of good judgment and the practice of good work habits. It requires good judgment to know the safe way and it requires good work habits to continue the safe way. If an employee is not positive of which way is the safest, he should ask his supervisor or department head for the correct method.

2. Unsafe conduct is misconduct. The following safety rules should always be observed:

a. Follow all departmental safety rules;

b. Use all mechanical safeguards on or for employee equipment;

c. Immediately cease using and report any faulty or potentially faulty

equipment to the supervisor or department head;

d. Immediately report any unsafe or potentially unsafe working condition or equipment;

e. Immediately report any and every accident to the supervisor or

department head

24

H. Refusal To Work. A city employee's commitment is to public service. Any work stoppage, slowdown, strike or other intentional interruption of the operations of the city shall cause the employee to forfeit his or her employment and result in the termination of the employee from the City of Norfork.

I. Resignation/Termination.

1. Employees desiring to terminate their employment relationship with the City of Norfork are urged to notify the city at least two (2) weeks in advance of their intended termination. Such notice should preferably be given in writing to the employee's department head or supervisor. Proper notice generally allows the city sufficient time to calculate all final accrued monies due the employee for his or her final paycheck. Without adequate notice however, the employee may have to wait until after the end of the next normal pay period in order to receive such payments.

2. Employees who plan to retire are urged to provide the city with a minimum of two (2) months notice. This will allow ample time for the processing of appropriate pension forms to ensure that any retirement benefits to which an employee may be entitled to commence in a timely manner.

3. As mentioned elsewhere in this Handbook, all employment relationships with the City of Norfork are on an at-will basis. Thus, although the City of Norfork hopes that relationships with employees are long term and mutually rewarding, the city reserves the right to terminate the employment relationship of any employee at any time.

2.48.04 Standards of Conduct.

A. Conduct Towards The Public.

1. Employees of the City of Norfork shall at all times be civil, orderly and courteous in their conduct and demeanor. In each contact with the public, an employee must be aware that his appearance, actions and statements are in essence those of the city.

2. In dealing with the public, each employee must attempt to make his conduct one which inspires respect for both himself and the city and further, one which generates the cooperation and approval of the public.

3. Not everyone an employee may meet in the course of his or her duties will be courteous. However, an employee should treat the public as he would like to be treated . . . with courtesy, patience, respect and understanding. This attitude or

25

approach to public service cannot be overemphasized.

4. When an employee is uncertain of the correct response to an inquiry from the public, he or she should refer the inquiry to the individual or the department which can provide the most satisfactory response to the inquiry. It is better to admit lack of knowledge than to provide erroneous information.

B. Uniforms and Personal Appearance.

1. Uniforms or uniform allowance will be provided to personnel of certain departments as authorized by the Council. Personnel who are provided uniforms or uniform allowance shall wear uniforms at all times while on duty. Uniforms shall be kept as neat and presentable as working conditions permit.

2. Employees not required to wear uniforms should dress in appropriate professional departmental attire. If an employee is not sure what is appropriate attire, then the employee should check with his supervisor or department head.

C. Unlawful Harassment.

1. The City of Norfork expressly prohibits any form of unlawful employee harassment based on race, religion, color, sex, national origin, age, handicap or status as a veteran or special disabled veteran.

2. Harassment is any annoying, persistent act or actions that single out an employee, to that employee's objection or detriment, because of race, sex, religion, national origin, age (over 40) or disability. Harassment may include any of the following:

a. Verbal abuse or ridicule;

b. Interference with an employee's work;

c. Displaying or distributing sexually offensive, racist or other derogatory materials;

d. Discriminating against any employee in work assignments or job related training because of one of the above-referenced bases;

e. Intimate physical contact;

f. Making offensive sexual, racial or other derogatory innuendoes;

g. Demanding favors (sexual or otherwise), explicitly or implicitly, as a condition of employment, promotion, transfer or any other term or condition of employment.

3. It is every employee's responsibility to insure that his or her conduct does not include or imply harassment in any form. If, however, harassment or

26

suspected harassment has or is taking place, the following will apply:

a. An employee should report harassment or suspected harassment to the department head. This complaint should be made in writing;

b. Any time an employee has knowledge of harassment he/she shall inform the department head in writing, who will determine whether further investigation is warranted;

c. Each complaint shall be fully investigated and a determination of the facts and an appropriate response will be made on a case-by- case basis.

4. The City of Norfork will not tolerate harassment or any form of retaliation

against an employee who has either instigated or cooperated in the investigation

of alleged harassment. Disciplinary action will be taken against offenders.

D. Guidelines For Appropriate Conduct.

1. An employee of the City of Norfork is expected to accept certain responsibilities, adhere to acceptable principals in matters of personal conduct and exhibit a high degree of personal integrity at all times. This not only involves a sincere respect for the rights and feelings of others, but also demands that both while at work and in their personal life, an employee refrain from behavior that might be harmful to the employee, his co-workers, the citizens and/or the city.

2. Whether an employee is on duty or off duty, his or her conduct reflects on the city. An employee is encouraged to observe the highest standards of professionalism at all times.

3. Types of behavior and conduct that the city considers inappropriate include, but are not limited to the following:

a. Falsifying employment or other city records;

b. Violating any city non-discrimination and/or harassment policy;

c. Soliciting or accepting gratuities from citizens;

d. Excessive absenteeism or tardiness;

e. Excessive, unnecessary or unauthorized use of city property;

f. Reporting to work intoxicated or under the influence of non- prescribed drugs and illegal manufacture, possession,

use, sale, distribution or transportation of drugs;

g. Buying or using alcoholic beverages while on city property or using alcoholic beverages while engaged in city business on city

27

premises, except where authorized;

h. Fighting or using obscene, abusive or threatening language or gestures;

i. Theft of property from co-workers, citizens or the city;

j. Unauthorized possession of firearms on city premises or while on city business;

k. Disregarding safety or security regulations;

l. Insubordination;

m. Neglect or carelessness resulting in damage to city property or equipment.

4. Should an employee's performance, work habits, overall attitude, conduct or demeanor become unsatisfactory and in violation of either of the above referenced items or any other city policies, rules or regulations, an employee will be subject to disciplinary action up to and including dismissal.

E. Absenteeism and Tardiness. The City of Norfork expects all of its employees to be at work on time and on a regular basis. When employees are unnecessarily absent or late, it is expensive, disruptive and places an unnecessary burden on fellow employees, supervisors, city government as a whole and the taxpayers who receive city services. Should an employee be unable to report to work on time because of illness or personal emergency, that employee should give "proper notice" to his or her supervisor. Unexcused absences and tardiness could result in disciplinary action.

F. Inclement Weather.

1. In exceptional circumstances beyond the employee's control, such as weather causing hazardous conditions, the employee is required to contact his or her supervisor for instructions regarding job assignments for that particular work day. If an employee's department is open for business, the employee is expected to report for work. However, if, in the employee's opinion, the conditions are too hazardous for him or her to get to work safely, he or she will have the option of taking the time off as a vacation day. Regardless of the situation, an employee is expected to give his or her supervisor "proper notice" if he or she is unable to report for work.

2. "Proper notice" is defined by the city to be notice in advance of the time an employee should report for work and no later than one (1) hour thereafter if absence notice is impossible.

3. An absence of an employee from duty, including any absence of one (1) day or part thereof that is not authorized in advance by the department head or the employee's supervisor should be deemed absence without leave. Such absence shall be without pay.

28

G. Outside Employment or Moonlighting.

1. If an employee is considering additional employment, he or she should discuss the additional employment with his or her department head or supervisor for approval.

2. If as an employee of the city, an employee participates in additional employment, it must not interfere with the proper and effective performance of his or her job with the city. An employee's outside employment must not be of a nature that adversely effects the image of the city, resulting in embarrassment, legitimate and reasonable criticism or of a type that may be construed by the public to be an official act of the city or in any way violate these policies. City uniforms shall not be worn during outside employment unless approved in advance by the Mayor.

H. Political Activity. City employees are encouraged to exercise their legal right to vote and, if necessary, reasonable time will be granted for that purpose.

I. Outside Compensation.

1. No reward, gift or other form of remuneration in addition to regular compensation shall be received from any source by employees of the city for the performance of their duties as employees of the city. If a reward, gift or other

form of remuneration is made available to any employee, it shall be credited to a designated employee fund with approval of the Mayor.

J. Use of Narcotics, Alcohol and Tobacco.

1. Employees of the City of Norfork shall not use habit-forming drugs, narcotics or controlled substances unless such drugs are properly prescribed by a physician.

2. The consumption of alcohol or other intoxicants is prohibited while an employee is on duty. Employees are not to consume intoxicants while off duty to such a degree that it interferes with or impairs the performance of his or her duties. Employees involved in any unauthorized use, possession, transfer, sale, manufacture, distribution, purchase or presence of drugs, alcohol or drug paraphernalia on city property or being reported to work with detectable levels of illegal drugs or alcohol will be subject to disciplinary action including termination.

3. Each department head or supervisor may establish smoking policies for his or her departmental employees.

29

K. Drug-Free Workplace. S-4

1. It is the policy of the city of Norfork to create a drug-free workplace in keeping with the spirit and intent of the Drug-Free Workplace Act of 1988 and its amendments. The use of controlled substances is inconsistent with the behavior expected of employees, subjects all employees and visitors to city facilities to unacceptable safety risks and undermines the city's ability to operate effectively and efficiently. Therefore, the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace or while engaged in city business for the city of Norfork or on the city's premises is strictly prohibited. Such conduct is also prohibited during non-working hours to the extent that, in the opinion of the city, it impairs an employee's ability to perform on the job or threatens the reputation or integrity of the city.

2. To educate employees on the danger of drug abuse, the city has established a drug-free awareness program. Periodically, employees will be required to attend training sessions at which the dangers of drug abuse, the city's policy regarding drugs, the availability of counseling, and the city's employee assistance program will be discussed. Employees convicted of controlled substances or related violations in the workplace must inform the city within five (5) days of such conviction or plea. Employees who violate any aspect of this policy may be subject to disciplinary action up to and including termination. At its discretion, the city may require employees who violate this policy to successfully complete a drug abuse assistance or rehabilitation program as a condition of continued employment.

L. Disciplinary Action.

1. Should an employee's performance, work habits, overall attitude, conduct or demeanor become unsatisfactory based on violations listed in Guidelines For Appropriate Conduct or any other city policies, rules or regulations, the employee will be subject to disciplinary action up to and including dismissal.

2. Disciplinary action may be any of the several forms listed below:

a. Warning or Reprimand. A reprimand is action used to alert the

employee that his or her performance is not satisfactory or to call attention to the employee's violation of employment rules and/or regulations. City employees may be officially reprimanded orally or in writing and such reprimand will be entered in the employee's personnel file.

b. Suspension. Suspension involves the removal of an employee

30

S-4

from his or her job. An employee may be suspended with or without pay. A suspension must be in writing. The reason for such action, the period of time for the suspension and the

date the suspension is to begin and end must be noted also.

c. Demotion. An employee who has committed an offense or whose work record establishes grounds for demotion will be given written

notice of such action. A demotion is an action that places the employee in a position of less responsibility and less

pay.

d. Termination. This type of disciplinary action is a removal of an employee from city employment. An employee who has

committed a serious offense or whose work establishes grounds for termination will be given written reasons that can be

supported at a pre-termination hearing.

31

S-11

2.48.05 Miscellaneous information.

A. Policy Statement. These employee policies and procedures outline the rights and benefits afforded all employees by the city. The city of Norfork possesses the sole right to operate and manage the affairs of the city.

B. Severability.

1. Should any of the provisions of these employee policies and procedures be determined to be contrary to federal, state, or local law, the remaining provisions of these employee policies and procedures shall remain in full force and effect.

2. To the extent that any state law provides additional or different benefits or rights to employees, the provisions of these employee policies and procedures shall be deemed to include those statements of law.

C. Departmental Policies and Procedures. Each department head is authorized to adopt lawful oral or written policies governing the day-to-day operations of that department. Departmental policies, if in conflict with these employee policies and procedures, shall be governed by these employee policies and procedures.

D. Change of Address. It is important that if an employee changes his or her home address or telephone number to notify his or her department head of this change so that personnel files may be kept up to date. This is important in case the city must mail the employee any information that it feels the employee will need, such as "withholding" statements for the employee's income taxes. Also, if there is any change in the employee's marital status, the employee should report it to his or her department head.

CHAPTER 2.52

DEFINED CONTRIBUTION PLAN

Sections:

2.52.01 Adopted

2.52.02 Board of Trustees

2.52.03 Authority

2.52.04 Contract

32

S-11

2.52.05 Termination

2.52.06 Assets and income

2.52.07 Implementation

2.52.01 Adopted The city adopts the Plan and the Trust Agreement ("Trust") for the Plan for its employees. (Ord. No. 2005-6, Sec. 1.)

2.52.02 Board of Trustees The city acknowledges that the Executive Committee of the AML will serve as the Board of Trustees for the AML Defined Contribution and Deferred Compensation Plan ("Trustees") and shall only be responsible for the Plan and have no responsibility for other employee benefit plans maintained by the city of Norfork. (Ord. No. 2005-6, Sec. 2.)

2.52.03 Authority The city is authorized to sign all documents necessary to adopt the Plan and by so signing, be bound by the terms of the Plan as stated in the Adoption Agreement and Plan other plan documents. The city reserves the right to amend its elections under the Adoption Agreement, so long as the amendment is not inconsistent with the Plan or the Internal Revenue Code or other applicable law and is approved by the Trustees of the Plan. (Ord. No. 2005-6, Sec. 3.)

2.52.04 Contract

A. The city agrees that it shall abide by the terms of the Plan and the Trust, including amendments to the Plan and the Trust made by the Trustees of the Plan, all investment, administrative, and other service agreements of the Plan and the Trust, and all applicable provisions of the Internal Revenue Code and other applicable law.

B. The city accepts the administrative services to be provided by AML and any services provided by an outside service provider as selected by the Trustees. The city acknowledges that fees will be imposed with respect to the services provided and that such fees may be deducted from the participants' accounts. (Ord. No. 2005-6, Sec. 4.)

2.52.05 Termination

A. The city may terminate its participation in the Plan, including but not limited to, its contribution requirements, by way of:

1. An ordinance of the City Council terminating its participation in the Plan.

2. The ordinance must specify when the participation will end.

32.1

S-11

B. The Trustees shall determine whether the ordinance complies with the terms of the Plan, and all applicable federal and state laws. The Trustees shall also determine an appropriate effective date, and shall provide appropriate forms to terminate ongoing participation. However, distributions under the Plan of existing accounts to participants will be made in accordance with the Plan.

C. The city acknowledges that the Plan contains provisions for involuntary Plan termination. (Ord. No. 2005-6, Sec. 5.)

2.52.06 Assets and income The city acknowledges that all assets held in connection with the Plan, including all contributions to the Plan, all property and rights acquired or purchased by such amounts and all income attributable to such amounts, property or rights shall be held in trust for the exclusive benefit of participants and their beneficiaries under the Plan. No part of the assets and income of the Plan shall be used for, or diverted to, purposes other than for the exclusive benefit of participants and their beneficiaries and for defraying, reasonable expenses of the Plan. All amounts of compensation deferred pursuant to the Plan, all property and rights acquired or purchased with such amounts and all income attributable to such amounts, are held as part of the Plan. All contributions to the Plan shall be transferred to the Trustees to be held, managed, invested and distributed as part of the Trust Fund in accordance with the provisions of the Plan. All contributions to the Plan must be transferred by the city to the Trust Fund. All benefits under the Plan shall be distributed solely from the Trust Fund pursuant to the Plan. (Ord. No. 2005-6, Sec. 6.)

2.52.07 Implementation It is the intent of the city that his ordinance and the approval of participation in the AML Defined Contribution Plan supercedes, revokes, and repeals the city's prior approval of participation in the ICMA Retirement Corporation Money Purchase Plan and Trust of any other such program as may have been previously approved by ordinance or resolution. All new contributions made by the city on behalf of the employees after implementation of the Plan will be made to the Plan. Funds residing in the ICMA Money Purchase Plan will be rolled over to the AML Defined Contribution Plan as soon as possible after implementation of the Plan. (Ord. No. 2005-6, Sec. 7.)

CHAPTER 2.56

DEFERRED COMPENSATION PLAN

Sections:

2.56.01 Adoption

2.56.02 Board of Trustees

32.2

S-11

2.56.03 Terms

2.56.04 Contract

2.56.05 Termination

2.56.06 Assets and income

2.56.07 Implementation

2.56.01 Adoption The city adopts the Plan and the Trust Agreement ("Trust") for the Plan for its employees. (Ord. No. 2005-7, Sec. 1.)

2.56.02 Board of Trustees The city acknowledges that the Executive Committee of the AML will serve as the Board of Trustees of the AML Defined Contribution and Deferred Compensation Plan ("Trustees") and maintained by the city of Norfork. (Ord. No. 2005-7, Sec. 2.)

2.56.03 Terms The city is authorized to sign all documents necessary to adopt the Plan and by so signing, be bound by the terms of the Plan as stated in the adoption agreement and plan and other plan documents. The city reserves the right to amend its elections under the adoption agreement, so long as the amendment is not inconsistent with the Plan or the Internal Revenue Code or other applicable law and is approved by the Trustees of the Plan. (Ord. No. 2005-7, Sec. 3.)

2.56.04 Contract

A. The city agrees that it shall abide by the terms of the Plan and the Trust, including amendments to the Plan and the Trust made by the Trustees of the Plan, all investment, administrative, and other service agreements of the Plan and the Trust, and all applicable provisions of the Internal Revenue Code and other applicable law.

B. The city accepts the administrative services to be provided by AML and any services provided by an outside service provider as selected by the Trustees. The city acknowledges that fees will be imposed with respect to the services provided and that such fees may be deducted from the participants' accounts. (Ord. No. 2005-7, Sec. 4.)

2.56.05 Termination

A. The city may terminate its participation in the Plan, including but not limited to, its contribution requirements, by way of:

1. An ordinance of the City Council terminating its participation in the Plan.

2. The ordinance must specify when the participation will end.

32.3

S-11

B. The Trustees shall determine whether the ordinance complies with the terms of the Plan, and all applicable federal and state laws. The Trustees shall also determine an appropriate effective date, and shall provide appropriate forms to terminate ongoing participation. However, distributions under the Plan of existing accounts to participants will be made in accordance with the Plan.

C. The city acknowledges that the Plan contains provisions for involuntary Plan termination. (Ord. No. 2005-7, Sec. 5.)

2.56.06 Assets and income The city acknowledges that all assets held in connection with the Plan, including all contributions to the Plan, all property and rights acquired or purchased by such amounts and all income attributable to such amounts, property or rights shall be held in trust for the exclusive benefit of participants and their beneficiaries under the Plan. No part of the assets and income of the Plan shall be used for, or diverted to, purposes other than for the exclusive benefit of participants and their beneficiaries and for defraying, reasonable expenses of the Plan. All amounts of compensation deferred pursuant to the Plan, all property and rights acquired or purchased with such amounts and all income attributable to such amounts, are held as part of the Plan. All contributions to the Plan shall be transferred to the Trustees to be held, managed, invested and distributed as part of the Trust Fund in accordance with the provisions of the Plan. All contributions to the Plan must be transferred by the city to the Trust Fund. All benefits under the Plan shall be distributed solely from the Trust Fund pursuant to the Plan. (Ord. No. 2005-7, Sec. 6.)

2.56.07 Implementation It is the intent of the city that his ordinance and the approval of participation in the AML Deferred Compensation Plan supercedes, revokes, and repeals the city's prior approval of participation in the U.S. Conference of Mayors deferred compensation program and the city's prior approval of participation in the ICMA Retirement Corporation Deferred Compensation Plan or any other such program as may have been previously approved by ordinance or resolution. All new Deferred Compensation contributions made by employees after implementation of the Plan will be made to the Plan. Roll over of prior contributions into the AML plan will be at the discretion of each individual employee with respect to his/her individual account. (Ord. No. 2005-7, Sec. 7.)

32.4

S-15

TITLE 3

FISCAL AFFAIRS

Chapters:

3.04 Purchases

3.08 Single Transaction

3.12 Fixed Assets

3.16 Cash Management Trust Program

3.20 City Employees Doing Business with City

CHAPTER 3.04

PURCHASES

Sections:

3.04.01 $5,000.00 or under

3.04.02 Over $5,000.00

3.04.03 Approval of payments

3.04.04 Sale or exchange of supplies, materials or equipment valued

at less than $5,000.00

3.04.05 Non-budgeted items

3.04.01 $5,000.00 or under The Mayor or his duly authorized representative shall have exclusive power and responsibility to make purchases of all supplies, apparatus, equipment, materials and other things requisite for public purposes for the city of Norfork, Arkansas, and to make all necessary contracts for work or labor to be done, or material or other necessary things to be furnished for the benefit of the city where the amount of the expenditure for any purpose or contract does not exceed the sum of Five Thousand Dollars ($5,000.00).

3.04.02 Over $5,000.00 Where the amount of expenditure for any purchase or contract exceeds the sum of Five Thousand Dollars ($5,000.00), the Mayor or his duly authorized representative shall invite competitive bids thereon by legal advertisement in any local newspaper. Bids received pursuant to said advertisement shall be opened and read on the date set for receiving said bids, in the presence of the Mayor, or his duly authorized representative. The contract shall be awarded to the lowest responsible bidder; provided, however, the Mayor, or his duly authorized representative, may reject any and all bids received.

33

S-9

3.04.03 Approval of payments. The Mayor or his duly authorized representative may approve for payment out of any funds previously appropriated for that purpose, or disapprove

any bills, debts or liabilities asserted as claims against the city, when funds on hand are adequate to pay such bills, debts or liabilities. That the payment or disapproval of any bills, debts or liabilities not covered by a previous appropriation shall require confirmation of the governing

body.

3.04.04 Sale or exchange of supplies, materials or equipment valued at less than $5,000.00. That the Mayor or his duly authorized representative may sell or exchange any municipal supplies, materials or equipment without competitive bidding if such supplies, materials or equipment have a value of less than Five Thousand Dollars ($5,000.00). That no supplies, materials or equipment shall be sold without receiving competitive bids therefore if the value thereof exceeds the sum of Five Thousand Dollars ($5,000.00); provided, however, if the Mayor shall certify in writing to the governing body that, in his opinion, the fair market value of such item or lot (to be disposed of in one unit) is less than Five Thousand Dollars ($5,000.00), the same may be sold by the Mayor without competitive bidding.

3.04.05 Non-budgeted items The Mayor shall not spend money on any non-budgeted item without Council approval. (Ord. No. 99-09, Sec. 1.)

CHAPTER 3.08

SINGLE TRANSACTION

Sections:

3.04.01 Definition

3.04.01 Definitions The term “single transaction” is defined according to the nature of the goods purchased, as follows:

A. When two or more devices in which, upon which, or by which any person or property is, or may be, transported or drawn, including but not limited to on-road vehicles, whether required to be licensed or not, off-road vehicles, farm vehicles, airplanes, water vessels, motor vehicles, or non-motorized vehicles, and mobile homes, or sold to a person by a seller, each individual unit, whether part of a “fleet” sale or not, shall be treated as a single transaction for the purpose the local sales tax.

34

S-10

B. The charges for utility services, which are subject to the taxes levied under this ordinance, and which are furnished on a continuous service basis, whether such services are paid daily, weekly, monthly or annually, for the purposes of the local sales tax, shall be computed upon a monthly basis, and each such daily charge increment shall be considered to be a part of one transaction per month for the purposes of the local sales tax where billing is upon a monthly basis.

C. For sales of building materials and supplies to contractors, builders or other persons, a single transaction, for the purposes of the local sales tax, shall be deemed to be any single sale which is reflected on a single invoice, receipt or statement, on which an aggregate sales (or use) tax figure has been reported and remitted to the state.

D. When two or more items of major household appliances, commercial appliances, major equipment and machinery are sold, each individual unit shall be treated as a single transaction for the purposes of the local sales tax.

E. For groceries, drug items, dry goods, and other tangible personal property and/or services not otherwise expressly covered in this section, a single transaction shall be deemed to be any single sale which is reflected on a single invoice, receipt or statement, on which an aggregate sales tax figure has been reported and remitted to the state. (Ord. No. 03-7, Sec. 7.)

CHAPTER 3.12

FIXED ASSETS

Sections:

3.12.01 Minimum dollar value

3.12.01 Minimum dollar value The Recorder/Treasurer of the city of Norfork is required to develop and maintain the city's fixed asset records. The City Council of the city of Norfork, Arkansas, hereby sets the minimum dollars value of items to be inventoried and recorded at One Thousand Dollars ($1,000). (Ord. No. 04-8, Sec. 1.)

34.1

S-12

CHAPTER 3.16

CASH MANAGEMENT FUND

Sections:

3.16.01 Authorization of Trust

3.16.02 Execution of document

3.16.03 Authorization of investment

3.16.04 Authorization to serve as member of Board of Trustees

3.16.06 Further authority

3.16.01 Authorization of Trust The city is hereby authorized to become a participant in the Arkansas Local Government Cash Management Trust, in substantially the form attached to this ordinance and marked Exhibit A (the "Trust Agreement"), submitted to and reviewed by the governing body of the city, a copy of which shall be filed with the minutes of the meeting at which this ordinance is adopted, with such changes therein as shall be approved by the representatives of the city executing the Agreement, such representatives signatures thereon being conclusive evidence of their approval thereof. (Ord. No. 06-10, Sec. 1.)

3.16.02 Execution of document The Mayor and the City Clerk are hereby authorized and directed to execute and attest, respectively, and deliver the joinder agreement to the Trust Agreement for and on behalf of and as the act and deed of the city.

Such officers are further authorized to execute and attest, respectively, such other documents, certificates and instruments and to take and perform such further acts on behalf of the city as may be necessary or desirable to carry out and comply with and give effect to the intent of this ordinance and the Trust Agreement. (Ord. No. 06-10, Sec. 2.)

3.16.03 Authorization of investment The city hereby authorizes the investment and withdrawal of its available funds from time to time in accordance with the Trust Agreement and any two of the following officers are hereby designated as having full power and authority to invest and withdraw invested funds of the city as provided in the Trust Agreement:

Mayor James L. Reeves

Recorder/Treasurer Donna L. Hinton

Superintendent Cory G. McFall

(Ord. No. 06-10, Sec. 3.)

34.2

S-15

3.16.04 Authorization to serve as member of Board of Trustees The members of the governing body and officers of the city are hereby authorized to serve as members of the Board of Trustees of the Arkansas Local Government Cash Management Trust if they are a full-time employee of the city and are elected or appointed under the provisions of the Trust Agreement.

(Ord. No. 2006-10, Sec. 4.)

3.16.05 Further authority The city shall, and the offices and agents of the city are hereby authorized and directed to, take such action, expend such funds and execute such other documents, certificates and instruments as may be necessary or desirable to carry out, and comply with and perform the duties of the city with respect to the Trust Agreement. (Ord. No. 2006-10, Sec. 5.)

CHAPTER 3.20

CITY EMPLOYEES DOING BUSINESS WITH CITY

Sections:

3.20.01 Policy

3.20.02 Conditions

3.20.03 Failure to comply

3.20.01 Policy It is the policy of the city to do business locally whenever possible and economical. (Ord. No. 2009-3, Sec. 1.)

3.20.02 Conditions It is recognized that come conflict may arise, compliance to the following conditions will be required:

A. The purchase is under Five Thousand Dollars ($5,000.00) in value and comparable merchandise for equipment at comparable prices is not otherwise available within the city.

B. The cost of the service is under Five Thousand Dollars ($5,000.00) in value and comparable service at comparable prices are not otherwise available within the city.

34.3

S-15

C. The elected official abstains from all actions related to selection or compensation for any business that might involve doing business or receiving services outside of their position as an elected official from them or a relative.

(Ord. No. 2009-3, Sec. 1.)

3.20.03 Failure to comply Failure to comply with these conditions will result in revocation of that official’s ability to do any business with the city again. (Ord. No. 2009-3, Sec. 1.)

34.4

S-9

TITLE 4

BUSINESS LICENSES AND REGULATIONS

Chapters:

4.04 Electric Franchise

4.08 Gas Franchise

4.12 Telephone Franchise

4.16 Sale of Alcoholic Beverages

4.20 Cable Television Franchise

4.24 Occupational License

CHAPTER 4.04

ELECTRIC FRANCHISE

Sections:

4.04.01 Electric franchise granted to North Arkansas Electric Coop

4.04.02 Rights and responsibilities of grantor and grantee

4.04.03 Termination procedure

4.04.04 Rates

4.04.05 City not liable for negligence of grantee

4.04.06 Standards of care for facilities

4.04.07 Franchise tax

4.04.08 Street lighting

4.04.09 Private generation facilities allowed

4.04.01 Electric franchise granted to North Arkansas Electric Coop. The city of Norfork, Arkansas, (hereinafter called Grantor) hereby grants to the North Arkansas Electric Coop, its successors and assigns (hereinafter called Grantee), the exclusive right, privilege and authority within the present and all future expansion of the corporate limits of the city of Norfork, Arkansas, (1) to sell, furnish, transmit and distribute electric power and energy to Grantor and to all inhabitants and consumers within said limits, and (2) to construct, maintain, operate and extend a system for such purposes and to enter on, under and upon and use any and all of the streets, alleys, avenues, bridges and other public grounds and ways belonging to, or under the control of Grantor, for the purpose of erecting, maintaining, repairing, replacing and operating poles, wires, anchors, stubs, transformers, substations, cables, conduits and other related facilities, appliances and apparatus which are necessary for, or useful in, the furnishing, sale, transmission or distribution of said electric service (hereinafter called facilities).

35

4.04.02 Rights and responsibilities of grantor and grantee.

A. General Rights and Obligations. Grantee shall, and does by acceptance hereof, agree to provide to the city and its inhabitants adequate and reasonable electric service as a public utility and the facilities necessary to provide such service. Grantor, in recognition of the large and continuing investment necessary for Grantee to perform its obligations hereunder, and the need and duty to promptly construct its facilities, as defined above, required to serve customers, in all areas and zones of the city, consents to the construction of such facilities as defined in Section 4.04.01 in all such areas and zones, and Grantor agrees to protect by ordinance, regulation and otherwise, to the fullest extent permitted by law, and except as otherwise limited herein, the grants of rights and privileges to Grantee set forth in Section 4.04.01 from interference with, or duplication by, other persons, firms or corporations seeking to engage in the sale or distribution of electric energy.

B. Standards and Right-of-Ways. All facilities of Grantee which may be located on public ways, places and public property, as authorized herein, shall be located so as to not unreasonably obstruct public use and travel. All of Grantee's facilities shall be constructed, operated and maintained in accordance with standards at least equivalent to the standards prescribed by the National Electrical Safety Code. Grantee, its successors and assigns, shall replace and repair, at its own expense, all excavations, holes or other damage caused or done by it to public streets, ways, places and public property in the construction, operation and maintenance of its facilities.

C. Removal of Hazards; Clearing of Right-of-Ways. The Grantee, its successors and assigns, is hereby given the right to trim, cut or remove trees, shrubbery or growth on or in public ways, places and public property which interfere or offer hazards to the operation of Grantee's facilities used or useful for the rendition of electric service; further, Grantee is hereby given the right, authority and permission to trim, cut and remove portions of trees, shrubbery or growth growing on private property but overhanging or encroaching on public ways, places and public property which interfere or offer hazards to the construction, operation and maintenance of Grantee's facilities.

4.04.03 Termination procedure. The rights, privileges and authority hereby granted shall exist and continue from the date of passage of this ordinance, and thereafter, until termination in accordance with provisions of Section 44 of Act 324 of the 1935 Acts of the State of Arkansas, as presently enacted or hereinafter amended.

4.04.04 Rates. The rates which are to be charged by Grantee for electric service hereunder shall be those which are now lawfully approved or prescribed, and as said rates may, from time to time, be amended by Grantee in accordance with law or by any regulatory authority having jurisdiction thereof.

36

4.04.05 City not liable for negligence of grantee. In the construction, operation, and maintenance of its facilities, said Grantee shall use reasonable and proper precaution to avoid damage or injury to persons or property and shall hold and save harmless the said Grantor from damage, injury, loss or expense caused by the negligence of the Grantee or its agents, servants, or employees, in constructing, operating and maintaining said facilities or in repaving or repairing any streets, avenues, alleys, bridges or other public grounds.

4.04.06 Standard of care for facilities. The Grantee shall endeavor at all times to keep its facilities in a reasonable state of repair and to conform to such practices and install such appliances and equipment as may be in keeping with the customary usage and practice in cities of similar size in this state during the time this franchise shall remain in force.

4.04.07 Franchise tax. During the life of this franchise, the Grantee shall pay to Grantor each year a franchise tax in an amount equal to: Four and twenty-five hundredths percent (4.25%) of the preceding calendar year's gross residential and commercial electric revenues as paid to the Grantee by residential and commercial customers located within the corporate limits of the City of Norfork, Arkansas. Payments shall be made by the Grantee to the Grantor in approximately equal quarterly installments. Residential and commercial electric revenues are those revenues so classified pursuant to Grantee's uniform classification standards. Grantor shall have the right to examine and verify, from the records of the Grantee, any data relating to the gross revenues of Grantee from customers on which said franchise tax is due. In the event of a controversy, between the Grantor and Grantee as to the amount of gross revenues received by Grantee in the City of Norfork, Arkansas, upon which said tax is due, such controversy shall be referred to the Arkansas Public Service Commission, or such successor regulatory agency which may have jurisdiction over the Grantee, for final determination, and the decision of said Commission shall be binding upon both parties hereto.

It is expressly agreed and understood by the Grantor and Grantee that the aforesaid payment shall constitute and be considered as complete payment and discharge by the Grantee,

its successors and assigns, of all licenses, fees, charges, impositions or taxes of any kind (other than automobile license fees, special millage taxes, general ad valorem taxes and other general taxes applicable to all citizens and taxpayers) which are now or might in the future be imposed by the Grantor under authority conferred upon the Grantor by law. In the event such other tax or taxes are imposed by Grantor, the obligation of the Grantee set forth in Section 4.04.07 hereof, to pay the city the sum of four and twenty-five hundredths percent (4.25%) annually of the gross residential and commercial electrical revenues shall immediately terminate.

4.04.08 Street lighting. Electric service furnished the Grantor for street lighting and other purposes shall be paid for by the Grantor in accordance with the applicable rate schedules of the Grantee now on file and/or as they may in the future be filed by the Grantee and approved by the Arkansas Public Service Commission or other regulatory authority having jurisdiction. The Grantee shall have the privilege of crediting any amount due Grantor with any unpaid balances due said Grantee for electric service rendered to said Grantor.

37

S-3

4.04.09 Private generation facilities allowed. Nothing herein shall be construed to prohibit any person, firm or corporation from owning and operating facilities for generating, distributing, or furnishing electric energy for his or its own use or for the use of his or its tenants, all of which facilities and use are wholly on the same premises owned by such person, firm or corporation.

CHAPTER 4.08

GAS FRANCHISE

Sections:

4.08.01 Gas franchise granted to Arkansas Western Gas Company

4.08.02 Rights and responsibilities of grantor and grantee

4.08.03 No fees for construction

4.08.04 City not liable for negligence of grantee

4.08.05 Rates shall be approved

4.08.06 Grantee shall furnish information about public utilities

4.08.07 Franchisee fee

4.08.08 NOARK Pipeline System

4.08.01 Gas franchise granted to Arkansas Western Gas Company That the City of

Norfork hereby grants to Arkansas Western Gas Company the exclusive rights, privilege and authority within the present and all future expansions of the corporate limits of the City of Norfork, (1) to sell, furnish, transmit and distribute natural gas to all inhabitants and consumers within the said limits; and (2) subject to the terms, conditions and stipulations mentioned in this ordinance, consents, and the right, permission and franchise is hereby given to Arkansas Western Gas Company, a corporation organized and existing pursuant to the laws of the State of Arkansas, Grantee, and to its successors, lessees, and assigns to lay, construct, equip, operate, repair, and maintain a system of gas mains, pipes, conduits, feeders and appurtenances for the purpose of supplying and distributing natural gas for light, fuel, power, and heat and for any other purpose, to the residents or inhabitants of the said City; and further, the right to lay, construct, operate and maintain a system of gas mains, pipelines, pipe conduits and feeders and the necessary attachments, connections, fixtures and appurtenances for the purpose of conveying, conducting or distributing natural gas from any point beyond said city limits in order to enable the said Grantee to distribute and sell natural gas to the said City and to the residents or inhabitants ' thereof, and to others. As used in this ordinance the terms "natural gas" and "gas" shall be defined as including, in addition to natural gas, such alternate, substitute or supplemental fuels as (without necessarily limited to) liquefied natural gas, liquefied petroleum gas, synthetic natural gas and propane air. (Ord. No. 90-03, Sec. 1.)

4.08.02 Rights and responsibilities and grantor and grantee The Grantee herein is expressly given the permit (subject to the provision hereinafter contained) to use the streets,

38

avenues, roads, highways, alleys, sidewalks and other public places, as now laid out, or hereafter to be established, for the purpose of laying gas mains, pipelines, conduits, and feeders, and the necessary attachments, fixtures, connections and appurtenances for the purpose of conveying or conducting natural gas from any point within the said City or to any point beyond the city limits of the said City, or to any other point, through and beyond the city limits of said City, and to operate and maintain a system of pipelines, pipes, conduits, feeders and the necessary attachments, connections, fixtures and appurtenances for the distribution of natural gas within said City to serve the said City and the residents and inhabitants thereof, and others; provided, however, that where alleys are accessible for laying mains and pipes, the City shall have the right to require that the mains and pipes shall be laid in the alleys instead of the streets, so long as this is economically feasible (does not create an economic hardship). (Ord. No. 90-03, Sec. 2.)

4.08.03 No fees for construction No fees or charges of any kind shall be imposed by Grantor upon the Grantee or upon any successors, or upon any consumer of natural gas for the breaking or opening of any highway, street, road, avenue, alley, or other public places, or for the laying of any main, service pipe or other connections therein, except as would be generally imposed on others performing similar work under similar circumstances and conditions.

Nothing in this franchise shall be construed in such manner as to in any manner abridge the right of the City to pass and enforce the necessary police regulations for the purpose of protecting the citizens of said City and their property and the property of the Grantee.

Grantee shall at all times keep and display the necessary danger signals and proper guards around all excavations and obstructions and shall keep sufficient space in good condition for the travel of vehicles on at least one side of all excavations and obstructions, and shall as soon as practicable restore all opening on the highway, road, street, avenue, alley and other public places to condition equally as good as before said opening or obstructions were made. Anything to the contrary notwithstanding, when in the judgment of Grantee it is necessary for the safety of the citizens, to divert or detour traffic from the area of excavations they have the power to so do upon notice to said City. (Ord. No. 90-03, Sec. 3.)

4.08.04 City not liable for negligence of grantee The Grantee shall do no injury to any highway, road, street, avenue, alley, lane, bridge, stream or water course, park or public place, except as specifically allowed, nor with any public or private sewer or drainage system, or water lines, now or hereafter laid or constructed by the said City or by any authorized person or corporation, but no sewer or water pipes, electric conduits, telephone or TV cables shall be so laid as to interfere unnecessarily with any gas main or pipes which shall have been laid prior to the time of laying such electrical conduits, telephone and TV cables, sewer or water pipes. The Grantee shall fully indemnify and save harmless the City from any and all claims for damage for which said City shall or might be made or become liable by reason of the granting of this franchise, or any negligence or carelessness on the part of said Grantee, or because of any act or omission of the Grantee in the construction and operation of its system of mains and pipes.

(Ord. No. 90-03, Sec. 4.)

39

S-3

4.08.05 Rates shall be approved Natural gas service shall be provided under the terms and conditions herein specified and pursuant to the rules and regulations of the Arkansas Public Service Commission governing utility service, as well as Grantee's rules and regulations governing natural gas service on file with the Arkansas Public Service Commission and as interpreted and enforced by Grantee. All utility services shall conform with these rules and regulations, as well as any other applicable rules and regulation, federal or state laws, including but not limited to the Arkansas Plumbing Code.

The rates which are to be charged by Grantee for natural gas service hereunder shall be those which are now lawfully approved or prescribed, and as said rates may, from time to time, be lawfully approved or prescribed by the Arkansas Public Service Commission or any successor regulatory authority having jurisdiction thereof.

The Grantee shall have the right to make and enforce as a part of the conditions under which it will supply natural gas for heat, power, light, fuel or other purposes as herein provided, all needful rules and regulations not inconsistent with law and the provision of this franchise.

(Ord. No. 90-03, Sec. 5.)

4.08.06 Grantee shall furnish information about public utilities The Grantee shall furnish promptly to the proper authorities any and all information which may be asked for by them in regard to the size, location or depths of any of the pipes, main, conduits, or service pipes, in any form whatsoever, and any other information in regard to its occupation of roads, highway, streets, avenues, or public grounds of said City, which they may demand. Whenever the word Grantee occurs in this ordinance, it shall mean and it shall be understood to be Arkansas Western Gas Company, its successors, lessees or assigns, and whenever the words "authorities" or "proper authorities" occur in this franchise they shall mean and shall be understood to mean the authorized officer or officers, committee or board representing the City of Norfork, Arkansas or Grantor. (Ord. No. 90-03, Sec. 6.)

4.08.07 Franchise fee Beginning in the month of August, 2000, and thereafter during the life of this franchise, the Grantee shall pay to the Grantor each month, a franchise fee in an amount equal to three percent (3%) of the preceding month=s gross residential and commercial gas revenues as paid to the Grantee by residential and commercial customers located within the corporate limits of the city of Norfork. (Ord. No. 2000-08, Sec. 1.)

4.08.08 NOARK Pipeline System This franchise shall take effect and continue and remain in force perpetually as provided in Section 44 of Acts of 1935, No. 324, Acts of the State of Arkansas, as same may be amended from time to time, and upon the written acceptance by the Grantee of the terms and conditions of this franchise. However, the City of Norfork recognizes that the ability of Grantee to construct, own and operate a natural gas system and to provide natural gas service pursuant to the terms of this franchise is dependent upon Grantee's ability to obtain natural gas supplies through the proposed NOARK Pipeline System and that Grantee

40

cannot provide natural gas service hereunder without the services of the Proposed NOARK Pipeline System. Therefore, the City of Norfork reserves the right to revoke Grantee's authority under this franchise if Grantee has not commenced construction of a natural gas system hereunder prior to January 1, 1992. (Ord. No. 90-03, Sec. 8.)

CHAPTER 4.12

TELEPHONE FRANCHISE

Sections:

4.12.01 Authority granted for operation of telephone system

4.12.02 Tax imposed upon Century Telephone Company

4.12.03 Tax shall be in lieu of other charges

4.12.04 Temporary moving of lines

4.12.05 Permission to trim trees

4.12.06 Ordinance does not require or permit electric light or power wire

attachments

4.12.07 Exclusive privileges not given

4.12.08 Franchise tax against Century Telephone Company

4.12.01 Authority granted for operation of telephone system. The Southwestern Bell Telephone Company, it successors and assigns (hereinafter referred to as "Telephone Company") shall continue to operate its telephone system and all business incidental to or connected with the conducting of a telephone business and system in the City of Norfork, Arkansas, (hereinafter referred to as "city"). The plant construction and appurtenances used in or incident to the giving of telephone service and to the maintenance of a telephone business and system by the Telephone Company in said city shall remain as now constructed, subject to such changes as may be considered necessary by the city in the exercise of its inherent powers and by the Telephone Company in the conduct of its business, and said Telephone Company shall continue to exercise its rights to place, remove, construct and reconstruct, extend and maintain its said plant and appurtenances as the business and purpose for which it is or may be incorporated may from time to time require, along, across, on, over, through, above and under all the public streets, avenues, alleys, and the public grounds and places within the limits of said city as the same from time to time may be established.

4.12.02 Tax imposed upon Century Telephone Company. Beginning in 1984, the Telephone Company shall pay to the city for the period January 1, 1984 through December 31, 1984, inclusive and thereafter for like periods an amount equal to four percent (4%) of the access line billing within the corporate limits during the preceding year. Payments shall be

in equal quarterly installments on or before the last day of March, June, September and December of each year.

41

4.12.03 Tax shall be in lieu of other charges. The annual payment herein required shall be in lieu of all other licenses, charges, fees or impositions (other than the usual general or special ad valorem taxes) which may be imposed by the city under authority conferred by law. The Telephone Company shall have the privilege of crediting such sums with any unpaid balance due said Company for telephone services rendered or facilities furnished to said city.

4.12.04 Temporary moving of lines. The Telephone Company on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties requesting the same, and the Telephone Company may require such payment in advance. The Telephone Company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes.

4.12.05 Permission to trim trees. Permission is hereby granted to the Telephone Company to trim trees upon and overhanging streets, alleys, sidewalks and public places of said city so as to prevent the branches of such trees from coming in contact with the wires and cables of the Telephone Company, all the said trimming to be done under the supervision and direction of any city official to whom said duties have been or may be delegated.

4.12.06 Ordinance does not require or permit electric light or power wire attachments. Nothing contained in this chapter shall be construed to require or permit any electric light or power wire attachments by the city or for the city. If light or power attachments are desired by the city or for the city, then a separate non-contingent agreement shall be a prerequisite to such attachments.

4.12.07 Exclusive privileges not given. Nothing herein contained shall be construed as giving to the Telephone Company any exclusive privileges, nor shall it affect any prior or existing right of the Telephone Company to maintain a telephone system within the city.

4.12.08 Franchise tax against Century Telephone Company The City of Norfork, Arkansas, hereby levies against the Century Telephone company a four percent (4%) franchise tax to be paid monthly on all income collected by said telephone utility, this sum payable on a monthly bases. The tax shall be collected on all revenue for the services charged to its customers within the corporate city limits of Norfork, Arkansas. (Ord. No. 90-02, Sec. 2.)

42

S-13

CHAPTER 4.16

SALE OF ALCOHOLIC BEVERAGES

Sections:

4.16.01 Application

4.16.02 Wholesale dealers, liquor, beer, and malt liquor

4.16.03 Fee-retail dealers, beer

4.16.04 Fee-retail package stores, liquor, beer, malt liquors

4.16.05 Other licenses and fees

4.16.06 Certificate of occupancy

4.16.07 Hours of sale

4.16.08 Penalties and fines

4.16.09 Alcoholic beverages on Sunday

4.16.01 Application Before any person shall engage in the wholesale or retail liquor business within the city an application shall be made to the city within which same is located for the granting of the license. Said application shall contain a sworn statement of the name of the business sought to be licensed, the names and addresses of all of the persons owning or holding any interest in said business, and the proposed location of said business, the owner or owners of the building or premises in which said store is to be located, and said applicant’s state license shall accompany such application, then the Recorder /Treasurer of the city of Norfork in which the business is to be licensed shall issue such license upon the payment of the license fee provided herein; (Ord. No. 81-5016, Sec. 1.)

4.16.02 Wholesale dealers, liquor, beer, and malt liquor The business of storing, transporting, and/or selling of spirituous and vinous liquors at wholesale within the city where such business is to be conducted is hereby declared to be a privilege; and for the exercise of such privilege there is hereby levied an annual tax in the sum of Five Hundred Dollars ($500.00) for each such business conducted. (Ord. No. 81-5016, Sec. 2.)

4.16.03 Fee-retail dealers, beer The business of storing, transporting, selling and/or dispensing at retail of any and all malt liquors and beer on or off premises within the city where such business is to be conducted is to hereby declared to be a privilege; and for the exercise of such privilege there is levied an annual tax in the sum of One Hundred Dollars ($100.00) for each such retail store operated within the said city. (Ord. No. 81-5016, Sec. 3.)

4.16.04 Fee-retail package stores, liquor, beer, malt liquors The business of storing, transporting, selling and/or dispensing at retail of any and all vinous, spirituous and or malt liquors within the city in which said business is to be conducted is hereby declared to be a privilege, and for the exercise of such privilege there is hereby levied a tax in the sum of Two Hundred Dollars ($200.00) for each such retail store operated within the said city. (Ord. No. 81-5016, Sec. 4.)

43

S-13

4.16.05 Other licenses and fees Every person shall procure, in addition to any permit issued pursuant to this ordinance, all other licenses, permits issued by the city, county and state. (Ord. No. 81-5016, Sec. 5.)

4.16.06 Certificate of occupancy No person shall be granted a license at either wholesale or retail within the city in which said license is sought upon in or in connection with any premises wherein there does not exist a certificate of occupancy. At the time of application every person desiring a permit pursuant to this ordinance shall file with the Recorder of the city in which license is sought a certificate of occupancy for the premises for which the permit is sought. (Ord. No. 81-5016, Sec. 6.)

4.16.07 Hours of sale It shall be unlawful for any person to sell, offer for sale or give away at wholesale or retail any spirituous, vinous, malt or other intoxicate liquor before 7:00 a.m. and after the hour of 12:00 p.m. and on Sunday. (Ord. No. 81-5016, Sec. 7.)

4.16.08 Penalties and fines Every person who violates any section of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, the license of such person shall be revoked and such person shall be fined in a sum of not more than Five Hundred Dollars ($500.00) and each day’s violation of said section shall constitute a separate offense. (Ord. No. 81-5016, Sec. 8.)

4.16.09 Alcoholic beverages on Sunday

A. The city of Norfork is located in Baxter County which has through referendum election authorized the sale of alcoholic beverages; and

B. The City Council is authorized by A.C.A. 3-3-210(b)(1)(A) to adopt an ordinance to allow the matter of alcoholic beverage sales on Sunday to be placed on a ballot for election by the registered votes of Norfork; and

C. Sale of alcoholic beverages on Sunday will only be allowed in businesses that possess a current and valid permit or license for the sale of alcoholic beverages according to the A.C.A. 3-5-201; and

D. Sale of alcoholic beverages on Sunday will only be allowed between the hours of 12:00 noon and 10:00 p.m. or in lesser periods within such hours per ordinance; and

E. The election on Sunday sales question shall be held in accordance with the procedures established by A.C.A. 3-9-201 at the next general election or a special election. (Ord. No. 2007-16, Sec. 1.)

44

S-13

CHAPTER 4.20

CABLE TELEVISION FRANCHISE

Sections:

4.20.01 Franchise granted to Triax Cable Co.

4.20.02 City not liable for negligence of grantee

4.20.03 Rates

4.20.04 Option to renew franchise

4.20.01 Franchise granted to Triax Cable Co That Triax Cable Company, Horseshoe Bend, AR, his successors and assigns, be granted a non-exclusive right and/or franchise to furnish direct wire reception of television programs to the citizens and residents of the city of Norfork, Baxter County, Arkansas, by means of the establishment of a master antenna system utilizing a special tower and antennas, a master control unit and amplifiers, and relaying the television signals directly into the individual television receiver, for a period of fifteen (15) years from the effective date of this ordinance, (together with the right to erect and maintain such poles, fixtures, and etc., along the alleys of this city as may be necessary and convenient for his

44.1

business as a television signal furnisher in supplying the citizens and residents in said town and the public in general, and to use and occupy for his television cables, the bridges, lanes, alleys and public grounds and places within said municipality for the purpose of erecting, constructing, laying, owning, leasing or acquiring, maintaining and operating such system) all such right and use to be and continue on the conditions and terms as herein stated. (Ord. No. 87-68, Sec. 1.)

4.20.02 City not liable for negligence of grantee Said poles and wires shall be placed

and maintained so as not to interfere with travel or use of streets, alleys or public ways of said town, and said J.G. Hunt, d/b/a Community T.V. Cable Company, his successors and assigns, shall hold the town free and harmless from damages arising from any abuse or negligence of said company. Said poles and wires shall be placed so as not to interfere with the flow of water in any sewer, drain, or gutter, or with any gas or water pipelines; and this grant is made and is to be enjoyed subject to all such reasonable regulations and ordinances of a police nature as said town may authorize or may see proper from time to time to adopt not destructive to the rights herein granted. (Ord. No. 87-68, Sec. 2.)

4.20.03 Rates Payment to the town, for the use of the streets and other facilities of the town in the operation of the CATV System and for the municipal supervision thereof, the grantee shall pay the town an amount equal to three percent (3%) of the grantee's basic subscriber revenues from the operations within the town limits of Norfork during the year. Payments to be made monthly, not later than twenty (20) days after the end of the month. For this purpose, basic subscriber revenues does not include sales, excise or other privilege taxes billed to and collected from subscribers by grantee in addition to charges for services rendered and shall not include amounts collected from installation charges or pay channels. The town shall have the privilege of examining grantee's accounts of records to verify the accuracy of the annual payment. In the event of default of the provisions of this contract as to payment to the town its monthly fee for the granting of the privilege set out herein, upon default of any payment hereunder for a period of thirty (30) days after due date will render the franchise at an end and will entitle the town to revoke the franchise. (Ord. No. 87-68, Sec. 3.)

4.20.04 Option to renew franchise That Triax Cable Company, Horseshoe Bend, AR, his successors and assigns, be and he is hereby granted an option to renew this non-exclusive right and/of franchise at the end of the fifteen (15) year period, as referred to in Section 1, of this ordinance, for an additional fifteen (15) year period, after giving due notice in writing, by the franchise holder, at least thirty (30) days prior to the expiration of this right and/or franchise which is granted by virtue of this ordinance. (Ord. No. 87-68, Sec. 4.)

45

S-9

CHAPTER 4.24

OCCUPATIONAL LICENSE

Sections:

4.24.01 Title

4.24.02 Terms and definitions

4.24.03 Occupational license required

4.24.04 Calendar year

4.24.05 Separate license required

4.24.06 Procedure application

4.24.07 Fees

4.24.08 False statements

4.24.09 Transfer and assignment

4.24.10 Penalty

4.24.01 Title This chapter shall be known as the Occupational License Chapter. (Ord. No. 03-11, Sec. 1.)

4.24.02 Terms and definitions The following terms, words and phrases as used in this chapter, shall have the following meaning unless the context hereof clearly requires otherwise, and the singular shall include the plural and vice-versa and the masculine shall include the feminine and vice-versa.

City as used in this chapter shall mean the city of Norfork, Arkansas.

Person as used in this chapter shall mean a person, firm, partnership, association, corporation or venture.

Business as used in this chapter shall mean a trade, occupation, calling, vocation, profession, venture, pursuit, livelihood or exchange, career, employment or transaction. (Ord. No. 03-11, Sec. 2.)

4.24.03 Occupational license required

A. Each person engaged in business within the city shall be required to procure an annual occupational license from the city.

45.1

S-9

B. Each person with no physical location within the city engaged in business who shall perform over three (3) transactions of business within one calendar year within the corporate limits shall be required to procure an occupational license from the city unless such person possesses a valid occupational license in the city where it maintains a physical location. (Ord. No. 03-11, Sec. 3.)

4.24.04 Calendar year

A. Any occupational license herein shall be for a period of one (1) year, commencing on the effective date hereof and ending on Dec. 31 of each year and every year thereafter.

B. Each person/business shall procure said occupational license and pay the fees required before any business conducts any transactions within the city limits.

(Ord. No. 03-11, Sec. 4.)

4.24.05 Separate license required

A. Any person engaged in two or more businesses for which a license is required shall be required to obtain a license for each separate business.

B. When a person/business has more than one place of business, each place of business shall be considered a separate and distinct business and shall be separately assessed and fees paid for the same, unless the context clearly requires otherwise. (Ord. No. 03-11, Sec. 5.)

4.24.06 Procedure application Each person desiring a license required by the chapter shall apply to the city of Norfork City Clerk and shall attach to such application all required fees prescribed in the amount of Twenty-Five Dollars ($25.00). This application will be presented to the City Council of Norfork for approval or denial and the City Clerk will notify the said person/business within five days after Council vote of its decision. City Clerk shall issue and deliver a receipt for payment and license thereof upon approval of said license. (Ord. No. 03-11, Sec. 6.)

4.24.07 Fees

A. The annual fees, unless otherwise specified, as required by the chapter shall be Twenty-Five Dollars ($25.00).

45.2

S-9

B. Leasing. The leasing of real property or structure located thereon, who such real property or structure is situated or locate within the corporate limits of the city, is deemed subject to the license and fees imposed by this chapter, regardless of the residency of the owner thereof or the location or place where such document of lease or arrangement is executed or delivered or payment made thereon or pursuant thereto. (Whether inside or outside the boundaries of the city.) (Ord. No. 03-11, Sec. 7.)

4.24.08 False statements It shall be unlawful for any person/business to knowingly make a false statement in the application for any license required by this chapter for the purpose of defrauding the city of just license fees. (Ord. No. 03-11, Sec. 8.)

4.24.09 Transfer and assignment Any person who shall sell, transfer or assign all of his interest in any business to any other person may transfer to such other person by written assignment said license by notifying the City Clerk in writing of said transfer and be endorsing such license on the reverse side thereof. (Ord. No. 03-11, Sec. 9.)

4.24.10 Penalty Any person engaged in business without first having procured a license thereof as provided herein and paid the requisite fee therefore as provided herein shall be deemed guilty of a misdemeanor and shall upon conviction pay a penalty of Two Hundred Fifty Dollars ($250.00) and not more than Five Hundred Dollars ($500.00) and each day of operation of such business without payment and procurement of said license shall constitute a separate and distinct offense. (Ord. No. 03-11, Sec. 10.)

45.3

S-16

TITLE 5

HEALTH AND SANITATION

Chapters:

5.04 Maintenance of Real Property

5.08 Septic Tanks

5.12 Littering

5.16 Contamination by Drugs

5.20 Abatement of Nuisance Properties or Structures

5.24 Solid Waste Collection

CHAPTER 5.04

MAINTENANCE OF REAL PROPERTY

Sections:

5.04.01 Requirements

5.04.02 Weeds and grass violation

5.04.03 Unsanitary conditions violation

5.04.04 Dumping on public property

5.04.05 Accumulated trash prohibited

5.04.06 Penalty

5.04.01 Requirements All tenants or owners within the city of Norfork, Arkansas, are hereby required to cut weeds and grass when they reach a height of eight (8) inches; remove garbage, rubbish and other unsanitary articles or unsightly conditions at their property; and to eliminate stagnant pools of water or any other condition that may cause rodents, which might be harmful to the health of the community. Nothing in this ordinance shall be interpreted to prevent a person from using acreage for pasture land, wooded lots or for cutting hay. (Ord. No. 2001-07, Sec. 1.)

5.04.02 Weeds and grass violation Any owner/tenant whose property contains grass and weeds in excess of eight (8) inches high shall be in violation of this ordinance. The owner/tenant will be notified by first class mail and be given seven (7) days in which to comply. If after the seven (7) days has passed and the owner/tenant is still in violation of the ordinance, a certified letter will be mailed giving them notice of the violation. If the condition is not corrected in seven (7) days, the city of Norfork is authorized to issue a citation to owner/tenant served by the Baxter County Sheriff’s Department for violation of this ordinance and scheduled for appearance in the Norfork City Court. (Ord. No. 2001-07, Sec. 2.)

46

S-13

5.04.03 Unsanitary conditions violation Any owner/tenant whose property is not maintained and is in an unsightly condition, contains unsightly articles, debris, rubbish, toxic materials, stagnant pools of water, or any other unsanitary conditions which may cause rodents, which might be harmful to the health of the community, shall be in violation of this ordinance. The owner/tenant shall be notified by first class mail, and be given seven (7) days in which to comply. If the condition is not corrected in seven (7) days, the city of Norfork is authorized to issue a citation to owner/tenant for violation of this ordinance and will be scheduled for court appearance in the Norfork City Court. (Ord. No. 2007-8, Sec. 1.)

5.04.04 Dumping on public property It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any garbage, swill, cans, bottles, paper, refuse, carcass or any dead animals, offal, trash, or rubbish, or any noisome, nauseous or offensive matter in or upon any public or private street or alley-way, or drive-way, including any portion of the right-of-way thereof, within the city limits of the city of Norfork, Arkansas. (Ord. No. 2001-7, Sec. 4.)

5.04.05 Accumulated trash prohibited It shall be unlawful for any person to allow trash, garbage, swill, cans, bottles, papers, refuse, carcass of any dead animals, offal, trash, or rubbish, or any noisome, nauseous or offensive matter to accumulate upon any property within the city limits of the city of Norfork, Arkansas, and remain there for more than seven (7) days. (Ord. No. 2001-7, Sec. 5.)

5.04.06 Penalty Any person in violation of any section of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than Two Hundred Dollars ($200.00) or more than Five Hundred Dollars ($500.00) for the first violation, and if such violation is continued, each day’s violation shall be a separate offense of Twenty Dollars ($20.00) per day; and any person convicted a second time for violation of any such provision of this ordinance shall be fined up to One Thousand Dollars ($1,000.00), and if such violation is continued, each day’s violation shall be a separate offense of Fifty Dollars ($50.00) per day. (Ord. No. 2001-7, Sec. 6.)

47

S-7

CHAPTER 5.08

SEPTIC TANKS

Sections:

5.08.01 Water Superintendent shall be inspector

5.08.02 Overflows unlawful

5.08.03 Fine

5.08.01 Water Superintendent shall be inspector. The Water Superintendent shall be the inspector, and shall regulate the erection, building and maintenance of all septic tanks now in use or to be put in use in the city and it shall be the duty of any person intending to build or erect a septic tank within the city limits to first make application to the State Board of Health. It shall be the duty of the inspector to see that such septic tank shall be in conformity with the recommendations of the State Board of Health.

5.08.02 Overflows unlawful. It shall be unlawful to allow a septic tank to overflow or drain on the surface of the ground or in any street or ditch within the city. The city shall notify the property owner of the overflow, giving the owner seven (7) working days for such overflow to be corrected. (Ord. No. 2000-16, Sec. 2.)

5.08.03 Fine Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction, for said violation, shall be fined not less than Fifty Dollars ($50.00) or more than One Hundred Dollars ($100.00) for the first violation, and if such violation is continued, each day=s violation shall be a separate offense of Ten Dollars ($10.00) a day; and any person convicted a second time for violation of any provision of this ordinance shall be fined not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) and each day=s violation shall be a separate offense of Ten Dollars ($10.00) a day. (Ord. No. 2000-16, Sec. 3.)

49

S-7

CHAPTER 5.12

LITTERING

Sections:

5.12.01 Littering illegal

5.12.02 Fine

5.12.01 Littering illegal. It shall be unlawful for any person to place, dispose, or otherwise permit to be located upon, in, on, or about any public street, sidewalk, alley or public thoroughfare or any private or public property adjacent thereto, any litter, refuse or debris.

5.12.02 Fine Any person found guilty of violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction, for said violation, shall be fined Five Hundred Dollars ($500.00). (Ord. No. 2000-16, Sec. 3.)

CHAPTER 5.16

CONTAMINATION BY DRUGS

Sections:

5.16.01 Contamination violation

5.16.02 Adoption of Cleanup Guideline booklet

5.16.03 Contamination site defined

5.16.04 Penalty

5.16.05 Restitution

5.16.01 Contamination violation It shall be a violation of this ordinance for any person to contaminate any property, land air or water within the city of Norfork, Arkansas by means of manufacturing methamphetamine or any similar illegal drug. Upon discovery of th4e manufacture of methamphetamine or any similar illegal drug proper law enforcement, and other public officials charged with responsibility for public safety by state or federal law shall be notified. Those agencies or officials shall be empowered to take charge of the property to determine if it has been contaminated.

49.1

S-7

If evidence of property contamination is found, the owner shall be advised to have the property vacuated and institute proper decontamination procedures. These shall be governed by the “Guideline Booklet For Cleaning Up Former Methamphetamine Labs” as adopted by the city of Norfork on July 17, 2001. Once the property has been properly decontaminated the owner of the property shall obtain proof from the public agency or officials in charge of the cleanup, prior to the property being approved for occupation by humans. (Ord. No. 01-11, Sec. 1.)

5.16.02 Adoption of the Cleanup Guideline booklet The city agrees to adopt the attached Mountain Home Police Department Guidelines Booklet for the “Cleaning Up of Former Methamphetamine Labs,” for the enforcement of this ordinance. (Ord. No. 01-06, Sec. 2.)

5.16.03 Contamination site defined Many of the ingredients used in the manufacture of methamphetamine, or similar illegal drugs, are known to be hazardous substances. These substances are, but not limited to, hydrochloric acid, ephedrine, anhydrous ammonia, acetone, paint thinner, sodium hydroxide, lithium from batteries, and phosphorous from matches and flares. Physical evidence that a combination of these substances have been mixed and heated, and that hazardous vapors and residue are present in the structure, constitute a contaminated site.

(Ord. No. 01-06, Sec. 3.)

5.16.04 Penalty Any person violating any provision of this ordinance, shall upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not to exceed Five Hundred Dollars ($500.00), or confinement in jail for not more than one (1) year, or both. (Ord. No. 01-06, Sec. 4.)

5.16.05 Restitution Any person convicted in a criminal court of the charge of manufacture of methamphetamine, when that crime took place in the city of Norfork, that results in contamination of property within the city of Norfork shall be liable for cost of cleanup ot the property. Any person, agency of the state of Arkansas or the federal government shall be entitled to be reimbursed for said costs. (Ord. No. 01-11, Sec. 5.)

49.2

S-13

CHAPTER 5.20

ABATEMENT OF NUISANCE PROPERTIES OR STRUCTURES

Sections:

5.20.01 Intent and purpose

5.20.02 Interpretation

5.20.03 Definitions

5.20.04 Minimum property maintenance requirements and standards

5.20.05 Enforcement

5.20.06 Penalties

5.20.01 Intent and purpose The intent of this ordinance is to protect the public health, safety and welfare of the residents of Norfork, Arkansas, with regard to non-wooded residential and non-residential properties within the city limits of Norfork by establishing minimum property maintenance requirements and standards to prevent blight, crime and disease, to preserve property values, to increase public confidence in safety, to increase tourism, to facilitate the basic rights of adjacent property owners and citizens to enjoy their surroundings, to fix the responsibility of owners and occupants and to provide for administration, enforcement and penalties. (Ord. No. 2007-15, Sec. 1.)

5.20.02 Interpretation This ordinance shall be constructed liberally and justly to insure public health, safety and welfare insofar as they are affected by the continual use and maintenance of residential and non-residential properties. (Ord. No. 2007-15, Sec. 2.)

5.20.03 Definitions

Code official Any person employed by the city of Norfork as Building Inspector, Police Department or Mayor with the authority to issue non-compliance citations.

Nuisance property A nuisance property is one that unreasonably interferes with the use and enjoyment of lands of another, including the use of a structure which disturbs the peaceful, quiet, undisturbed use and enjoyment of nearby property. The definition of nuisance property shall also include, but not limited to, those properties found to be dilapidated, unsightly, unsafe, unsanitary, obnoxious, unfit for human occupancy, unlawful or detrimental to the public welfare.

Owners, occupants Any person(s) whether owner(s) or occupant(s) under a lease agreement, shall be responsible for the care, maintenance and upkeep of the property owned or occupied.

49.3

S-13

Property For the intent and purpose of this ordinance “property” or “properties” shall be defined as any non-wooded lot or parcel and its existing structures or buildings whether residential, commercial or industrial.

Unlawful structure A structure found in whole or in part to be a harbor for criminal activity, or one that constitutes a blighting problem due to a consistent lack of regular maintenance, or is in such a structural state that the building constitutes a danger to anyone in, on or near the said structure.

Unsafe equipment Equipment that is unsafe means any machinery that no longer functions in a manner consistent with its make and is openly and obviously displayed on property within the city limits.

Unsafe property An unsafe property is one in which all or part of the premises thereof is found to be dangerous to life, health, property, or the safety of the public or the occupants of the structure due to a state of non-repair, damage, decay, dilapidation, trash or fire hazard of such faulty construction or unsafe foundation that would make the structure unsafe with partial or complete collapse likely.

Unsanitary property An unsanitary is one in which the condition of the premises allows for infestation by rodents, vermin pestiferous insects, mosquitoes or flies. An unsanitary property will include, but not be limited to, those allowing stagnant pools of water causing the breeding of mosquitoes.

Unfit for human occupancy A structure is unfit for human occupancy or use whenever the Code Official determines that such structure is unsafe, unlawful or because of the degree in which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination or lacks water or sewer service or other utility service making the structures a hazard.

Unsightly property Any non-wooded residential, commercial or industrial lot, business, residential yard property within the city limits of Norfork that allows weeds or grass over 12 inches high. Unsightly properties shall include those allowing bagged or unbagged trash, garbage or refuse of any kind to accumulate on the premises. Unsightly properties shall include those allowing overgrown vegetation of conditions to exist that would have a potential to cause rat infestation or other vermin to occupy and breed on the property thereby causing infestation to spread to neighboring properties. Unsightly properties shall include those allowing inoperable, wrecked, or “junked” vehicles on blocks, to remain on the property. Unsightly properties shall include those allowing non-trash items of any kind to accumulate on and around the premise, including but not limited to appliances, furniture or other household items. (Ord. No. 2007-15, Sec. 3.)

49.4

S-13

5.20.04 Minimum property maintenance requirements and standards It shall be unlawful for any person to keep, own or maintain any property, house, building, or other structure within the corporate limits of the city of Norfork that constitutes a nuisance or that is unsightly, unsanitary, unsafe, unlawful or unfit for human occupancy. Property owners/occupants shall be held responsible for compliance to this ordinance as follows:

A. Any equipment that is unsafe, inoperable, unfit for human use, or unlawful shall not be kept, owned or displayed on properties.

B. All accessory structure, including but not limited to detached garages, fences and walls shall be kept in good repair and free from vines or other vegetation that may grow into or onto an adjoining property.

C. A vacant structure unfit for human habitation, occupancy or use shall not be allowed to remain standing.

D. Long-term offensive odors to emanate from the property that unreasonably interfere with the ordinary use and enjoyment of neighboring property owners’ land shall not be permitted. This excludes naturally occurring odors beyond the control of the property owner.

E. Premises and exterior property shall be kept free from all used or dismantled household appliances, furniture, vehicle parts, discarded personal property, garbage, junk scrap, or refuse excepting those structures in building, remodeling or demolition process.

F. Unregistered, dismantled, inoperable, unsafe, or stripped vehicles shall not be kept outside on any premises, commercial or residential.

G. All structures and exterior property shall be kept clean and sanity and free from rat-vermin infestation.

H. Stagnant water shall not be permitted. This provision shall not apply to private lakes or ponds.

I. Weeds, grasses or other vegetation growth exceeding twelve (12) inches shall not be permitted. This provision shall not apply to ornamental trees, shrubs or flowers.

J. Nothing contained herein shall be interpreted or construed to prevent a person from using acreage for pastureland, wooded lots or for cutting of hay. Hay acreage shall be cut by June 30^th and October 15^th . (Ord. No. 2007-15, Sec. 4.)

49.5

S-13

5.20.05 Enforcement Any tenant and/or owner of real property within the city of Norfork, Arkansas, whose property violates this ordinance shall be notified of the violation by the city of Norfork and shall be given seven (7) days’ notice to correct the ordinance violation. Said notice shall be sent by regular and/or certified mail and shall be sent to the following:

A. The occupant, if any, of the property, with notice sent to the physical address of the property;

B. The owner of the property, with notice sent to the owner’s address of record at the office of Baxter County Collector; and

C. Any lien holders of the property as reflected in the Clerk and ex-officio Recorder for Baxter County, Arkansas.

If the owner, occupant or lien holder shall, after being sent notice as provided hereinabove, shall neglect or refuse to remove, abate or eliminate any condition as may be provided for in this ordinance or fails to correct the ordinance violate, then the city may take any and all action necessary to correct the ordinance violation, and shall charge the costs thereof to the owner of the real property. As used herein, the term “cost” shall include the actual cost to correct the ordinance violation, as well as any administrative and collection costs incurred by the city. The city shall be entitled to lien against the property for all such costs, provided that the lien shall be perfected, imposed and collected in the time and manner set forth in A.C.A. 14-54-903 and 14-54-904. (Ord. No. 2007-15, Sec. 5.)

5.20.06 Penalties Any person in violation of this ordinance shall be deemed guilty of a misdemeanor and upon convicted, shall be fined not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00) per day. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. (Ord. No. 2007-15, Sec. 6.)

49.6

S-16

CHAPTER 5.24

SOLID WASTE COLLECTION

Sections:

5.24.01 Pick-up services

5.24.01 Pick-up services

A. Trash and garbage pick-up services shall be and are hereby declared to be “essential service” in which the city has a proper interest and which must be furnished to the citizens of the city of Norfork, Arkansas, in order to protect said citizens’ health, safety, and welfare.

B. It shall be, and is hereby declared to be unlawful for any person, firm or corporation owning, possessing, or having control or custody over trash, garbage, or refuse within the city of Norfork, to dispose of same, other than by contracting for such disposal with either the city of Norfork, Arkansas, or with such private contractor of contractors to which the city shall have awarded a garbage, trash, and refuse pick-up franchise. The name, address, and telephone number of the franchise holder, or holders, and the rates, which they may charge shall be filed with the City Clerk of Norfork, Arkansas, and such filing shall be due notice of the agency or agencies with which a subscriber must contract.

C. Any person, firm, or corporation violating any of the terms of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than Ten Dollars ($10.00), nor more than Twenty-Five Dollars ($25.00), and each day thereof shall be deemed a separate offense. (Ord. No. 99-6, Sec. 1.)

49.7

S-16

TITLE 6

ANIMALS AND FOWL

Chapters:

6.04 Animal Control

CHAPTER 6.04

ANMAL CONTROL

Sections:

6.04.01 Definitions

6.04.02 Animal Control Officer

6.04.03 Identification

6.04.04 Rabies vaccination required

6.04.05 Animals running at large

6.04.06 Methods of confinement of animals

6.04.07 General provisions

6.04.08 Animal cruelty

6.04.09 Impoundment

6.04.10 Reclamation of impounded dogs or animals

6.04.11 Nuisance dogs or animals

6.04.12 Vicious dogs

6.04.13 Keeping of hoofed livestock

6.04.14 Keeping of small livestock and poultry

6.04.15 Condition of pens and enclosures

6.04.16 Other provisions

6.04.17 Exceptions

6.04.18 Condition of pens and premises

6.04.19 Roadside sale of animals

6.04.20 Penalties

6.04.21 Citations

50

S-16

6.04.01 Definitions The following words and phrases have the following meanings for the purposes of this ordinance:

Animal Every vertebrate non-human species of animal, wild or domestic, male or female, including, but not limited to, dogs, cats, livestock and other mammals, birds, reptiles, amphibians and fish.

Animal Control Officer The Chief of Police or any person appointed by the Chief of Police to perform duties as assigned by the Chief of Police to effectuate this ordinance.

Animal Shelter Any premises with a written agreement with the city for the purpose of effectuating this ordinance and used as a shelter for seized, stray, homeless or abandoned animals. It matters not whether the shelter is owned by the city and operated under the supervision of the Chief of Police or whether it is owned and operated by the county, a humane society, animal welfare group or other designated shelter which has a written contractual agreement with the city.

Arkansas rabies rules and regulations All rules and regulations promulgated by the Arkansas Department of Health, and any and all state laws pertaining to or concerning rabies control in animals.

At large Any animal not confined to the premises of the owner, possessor, person keeping or person otherwise responsible for an animal or not under the control of a person when not on the premises of the owner, possessor, person keeping or person otherwise responsible for the animal.

Cat A member of the feline species (felis catus or felis domesticus).

Chief of Police The Chief of Police of Norfork, Arkansas.

Dog A member of the canine species.

Equine Any horse, mule, donkey or any animal related to the horse family.

Hoofed livestock Any cows, mules, horses, swine, sheep, goats or other hoofed livestock.

ID Tags shall consist of a metal tag which shall be affixed to the dog’s collar when the dog is outside of the owner’s home or other interior structure.

Owner Any person or entity owning, keeping or harboring an animal within the city.

51

S-16

Small livestock and poultry Includes small animals such as rabbits, chickens, guineas, turkeys and other fowl.

Vaccination The injection of an anti-rabies vaccine in the manner and frequency set forth in state law and administered by a licensed veterinarian. (Ord. No. 2010-5, Sec. 1.)

6.04.02 Animal Control Officer

A. Appointment and duties The provisions of this ordinance shall be enforced by the Animal Control Officer or the Chief of Police. The Animal Control Officer shall be that person or persons designated by the Chief of Police to operate in such capacity. The Animal Control Officer shall have the power of arrest and is hereby authorized to issue citations pursuant to the Arkansas Rules of Criminal Procedure to any person the officer has reasonable cause to believe has violated any provisions of this ordinance.

B. Records and recordkeeping The Animal Control Officer or Chief of Police shall complete and keep records of all animals and owners if known, reported for violations and impoundment. (Ord. No. 2010-5, Sec. 2.)

6.04.03 Identification All three (3) months old or older in the city must be identified with tags stating the phone number of the owner and current rabies tag. For any dog brought into the city, the owner shall, within thirty (30) days be identified with tags stating the phone number of the owner and current rabies tag. (Ord. No. 2010-5, Sec. 3.)

6.04.04 Rabies vaccination required All animals that are subject to contracting rabies shall be vaccinated against rabies by a licensed veterinarian in accordance with Arkansas law. (Ord. No. 2010-5, Sec. 4.)

6.04.05 Animals running at large No person owning, possessing, keeping, or otherwise responsible for a dog, cat or other animal shall allow it to run at large. (Ord. No. 2010-5, Sec. 5.)

6.04.06 Methods of confinement of animals

A. Any person owning, possessing, keeping or otherwise responsible for an animal shall confine such animal within a fence or enclosure of adequate construction for such purpose, within a structure, or shall confine such animal by a chain, leash, rope or cable affixed to the animal’s collar and attached to some immovable object. An animal must be provided adequate food and water. Any area where an animal is confined must be free of debris or other obstructions which may cause the animal to become entangled or injured. In no event shall any device be used which operates to choke an animal (choke chain.).

52

S-16

B. When an animal is confined by chain, leash, rope or cable, the restraint must be at least six (6) feet long and so placed as to prevent the animal from leaving the property, as well as to provide adequate room for normal postural adjustments and for exercise. Any area when the animal is confined in such manner must drain so that the animal is not confined to an area of standing water.

C. All animals must be provided adequate shelter from weather and temperature extremes and from any other potential hazards.

D. No animal may be confined on any public property or public place and left unattended.

E. Voice control methods may be used on dogs while they are on the property of the owner, possessor, keeper or person otherwise responsible for the dog. All dogs off of the property of the owner, possessor, keeper or person otherwise responsible for the dog, must be restrained by leash and collar or harness.

F. All premises where animals are kept shall not become a threat to the public health by the owner, possessor, keeper, or person otherwise responsible for the animal due to the failure to diligently remove animal waste. Premises where animals are kept shall be kept in a clean and sanitary condition free from excessive refuse or waste. (Ord. No. 2010-5, Sec. 6.)

6.04.07 General provisions

A. Diseased or injured animals No person shall knowingly keep any injured animal without providing proper treatment for such injury. No person shall knowingly keep an animal infected with a communicable disease which may be a health hazard to humans or other animals. A person acts “knowingly” when he is aware that such circumstances exist.

B. Abandonment No person shall abandon any dog, cat or other animal. (Ord. No. 2010-5, Sec. 7.)

6.04.08 Animal cruelty No person shall subject any animal to cruelty or cruel neglect. For purposes of this section, “cruelty” or “cruel neglect” shall have the same meaning as in the Arkansas Criminal Code. (Ord. No. 2010-5, Sec. 8.)

53

S-16

6.04.09 Impoundment

A. Any animal found to be at large within the city may be picked up by the Animal Control Officer or Police Chief and impounded in the Animal Shelter and there confined in a humane manner. Animals which are not claimed by their owners or an authorized representative identified in writing by the owner within seven (7) days may be destroyed at the discretion of the Animal Shelter in a humane manner.

B. Prior to the destruction of any animal found running at large, where the animal carries its owner’s phone number/address, the Animal Control Officer shall give the animal’s owner at least seven (7) days’ notice of the date of the proposed destruction of the animal. This notice shall be sent by certified mail, return receipt requested, and shall otherwise conform to A.C.A. 14-54-1102.

C. The owner of an impounded animal who refuses to claim his animal shall be deemed to have abandoned the animal in violation of this ordinance.

D. Upon impounding an animal, the Animal Control Officer shall take reasonable steps to notify the owner of the animal so impounded, and inform him of the condition whereby they may regain custody of such animals. Failure of the Animal Control Officer to give actual notice to an animal owner shall not preclude the Animal Control Officer or the Animal Shelter from taking any action state in this section. (Ord. No. 2010-5, Sec. 9.)

6.04.10 Reclamation of impounded dogs or animals

A. Reclamation

1. For any animal reclaimed by a resident of the city, there shall be no fee assessed for reclamation of said animal for the first impoundment. For any second impoundment of an animal reclaimed by a resident of the city, no animal may be reclaimed without first providing proof of current rabies vaccination and proper identification tag and paying a reclamation fee of Twenty-Five Dollars ($25.00). For any third or subsequent impoundment of an animal reclaimed by a resident of the city, no animal may be reclaimed without first providing proof of current rabies vaccination and proper identification tag and paying a reclamation fee of Seventy-Five Dollars ($75.00).

53.1

S-16

2. For any animal reclaimed by a non-resident of the city, said person shall pay a reclamation fee of Seventy-Five Dollars ($75.00) for the second and every subsequent impoundment.

3. Any fees described in this section are in addition to fines or other penalties imposed by a court of law for violation of this ordinance.

B. Record keeping/manner of collection

1. Compete and accurate records of all animals impounded along with owner identification, when determined, shall be kept.

2. The Mayor, by contract or otherwise, may provide a method for the orderly collection of fess required by this section. (Ord. No. 2010-5, Sec. 10.)

6.04.11 Nuisance dogs or animals

A. No person shall own, possess, keep or otherwise be responsible for an animal which causes a nuisance. An animal creates a nuisance when it infringes upon the rights of another animal or person, or

1. Molests passersby or passing vehicles

2. Attacks other animals

3. Trespasses on school grounds

4. Is at large on more than one occasion within a three (3) month period.

5. Damages property

6. Barks, whines, or howls in an excessive, continuous, or untimely fashion

7. Causes fouling of the air by odor and thereby creates unreasonable annoyance

8. Interferes with trash collection or other service personnel, including, but not limited to, meter readers or letter carriers

9. Defecates on property of a person other than the owner, possessor, keeper or person otherwise responsible for the animal, including, but not limited to parks and trails. It shall not be a violation of this subsection if the owner, possessor, or person otherwise responsible for the animal promptly removes the waste.

B. For purposes of this section, each day that a violation occurs shall be considered a separate offense, punishable separately.

53.2

S-16

C. The fine for a nuisance animal, as defined in this section, shall be Twenty-Five Dollars ($25.00) for the first offense, and Fifty Dollars ($50.00) for each subsequent offense that shall occur within a twelve (12) month period.

(Ord. No. 2010-5, Sec. 11.)

6.04.12 Vicious dogs

A. A dog is a vicious dog for purposes of this section when it, according to the records of the Animal Shelter, Animal Control Officer or the Police Department:

1. Causes death, serious physical injury or physical injury to a person. For purposes of this subsection “serious physical injury” and “physical injury” shall have the same meanings as provided in the Arkansas Criminal Code, or

2. Attacks or bites a person without provocation. For purposes of this subsection “attack” means to charge at a person and make physical contact with a person in an aggressive manner while not being provoked, whether or not the dog actually bites the person, or

3. On more than one (1) occasion within a twelve (12) month period, while off the property of the owner, possessor, keeper or person otherwise responsible for the dog, and without provocation, kills or injures another animals, or

4. Engages in dog fighting or is owned, kept or trained for the purpose of dog fighting.

B. A vicious dog:

1. Must be maintained within a kennel or pen, unless it is securely restrained with a leash, chain, rope, cable or other similar device no longer than four (4) feet in length and the dog is muzzled.

2. Must not be kept on a leash, chain, rope, cable or other similar device unless a person eighteen (18) years of age or older is in physical control of the leash, chain, rope, cable or other similar device.

3. Must be maintained on property which contains a sign, readable by the public, which states “Beware of Vicious Dog.” An additional identical sign shall be affixed to the pen or kennel of the dog.

53.3

S-16

4. Must be securely confined indoors or in a securely enclosed kennel, except when leashed and muzzled as provided above. The pen, kennel or structure must have secure sides and a secure top, which is attached to the sides. All structures used must be locked with a key or combination lock when the animals are within the structures. The pen or kennel must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground at a depth of no less than two (2) feet. All structures used to house vicious dogs must also comply with all zoning and building regulations of the city. Kennels must be adequately lighted and ventilated and be kept in a clean and sanitary condition. When confined indoors, no vicious dog may be kept on a porch, patio or in any part of a house or building that would allow the dog to exit on its own volition unless to a kennel or fenced back yard. In addition no such animal may be kept in a building when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure unless they exit to the proper enclosure.

C. All owners, possessors, keepers or person otherwise responsible for a vicious dog, must, within ten (10) days of meeting the requirements of being a vicious dog, provide to the city proof of liability insurance for each vicious dog in a single incident amount of One Hundred Thousand Dollars ($100,000.00) for bodily injury or death of any person or damage to any property owned by any person which may be caused by the vicious dog. The insurance policy shall provide that no cancellation shall be made without ten (10) days’ written notice being provided to the City Clerk.

D. All owners, possessors, keepers or persons otherwise responsible for a vicious dog must, within ten (10) days notify the Animal Control Officer, in writing, of any of the following:

1. The death of the vicious dog.

2. The removal of the vicious dog from the city of Norfork.

3. The new address where the vicious dog is located if the vicious dog is moved within the city.

4. The sale or other transfer of ownership of the vicious dog, including the date of sale, the person to whom the vicious dog has been transferred, and if the person to whom the vicious dog has been transferred resides within the city of Norfork, the address of the person.

53.4

S-16

E. A vicious dog may, in addition to any other penalty, be ordered destroyed by a court of competent jurisdiction if said animal has caused serious physical injury or death to a person. Furthermore, the owner, possessor, keeper or person otherwise responsible for the dog may be ordered to pay restitution to any victim.

F. The owner, possessor, keeper or person otherwise responsible for a dog which commits any of the acts delineated in subsection 1 of this section, shall be deemed guilty of a misdemeanor, and shall be liable for restitution to the victim of any violation. (Ord. No. 2010-5, Sec. 12.)

6.04.13 Keeping of hoofed livestock

A. The keeping within the corporate limits of the city of Norfork, Arkansas, of cows, mules, horses, swine, sheep, goats or other hoofed livestock shall be allowed subject to the provisions of this article and applicable provisions of the Zoning Code as amended.

B. All pens or enclosures where hoofed livestock are kept shall be not less than one hundred (100) feet from any residence or business establishment; provided, however, that this restriction shall not apply to a residence or business of the livestock’s owner.

C. Pens and enclosures for hoofed livestock shall meet the following minimum requirements:

1. Horses, cows, swine and other large hoofed livestock:

a. One acre (43,560 sq. ft.) per two (2) horses, cows, swine or other large hoofed livestock or combination thereof, minimum of one acre for first such animal;

b. A minimum five foot (5 ft.) fence when the livestock are horses, mules, asses or donkeys; a minimum three foot (3 ft.), six inch (6”) high fence for all other livestock defined in subsection 10-1-2 (Livestock). Said fence shall be of a standard design and material for the proper constraint of the type of large-hoofed livestock kept;

c. Adequate shelter from weather elements which provides the animals adequate space to stand, turn and stretch comfortably; provided, however, that cows are excluded.

53.5

S-16

2. Sheep, goats and other small-hoofed livestock:

a. One-half acre (21,780 sq. ft.) per two (2) sheep, goats or other small-hoofed livestock or combination thereof, minimum of one-half acre for first such animal.

b. Adequate shelter from weather elements which provides the animals adequate space to stand, turn and stretch comfortably; and

c. Pen or enclosure of standard design and material for the proper constraint of the type of small-hoofed livestock kept.

(Ord. No. 2010-5, Sec. 13.)

6.04.14 Keeping of small livestock and poultry

A. The keeping of small livestock and poultry such as rabbits, chickens, guineas and turkeys is permitted within the corporate limits of the city of Norfork, Arkansas, subject to the provisions of this article.

B. Small livestock and poultry shall be confined within an area containing adequate housing meeting the following minimum floor space requirements:

1. Rabbits Six (6) sq. ft. per animal over four (4) months of age;

2. Turkeys Eight (8) sq. ft. per bird over four (4) months of age;

3. Chickens and similar foul Four (4) sq. ft. per bird over four (4) months of age.

C. All pens, houses and enclosures where small livestock or poultry are kept shall be not less than one hundred (100) feet from any residence or business establishment; provided, however, that this restriction shall not apply to a residence or business establishment of the livestock’s owner. (Ord. No. 2010-5, Sec. 14.)

6.04.15 Condition of pens and enclosures All livestock pens and enclosures shall be maintained and kept in such condition as not to become unsanitary, offensive or disagreeable to persons residing in the vicinity thereof, nor shall they be so maintained or kept to permit the breeding of flies or in any manner cause injury to the health or comfort of the public or any person working or residing in the vicinity of said pen or enclosure. Manure or refuse shall be promptly removed and disposed of after each cleaning in accordance with all applicable rules, regulations and laws. (Ord. No. 2010-5, Sec. 15.)

53.6

S-16

6.04.16 Other provisions

A. Any kennels or boarding facilities keeping livestock shall, in addition to the requirements of this article, comply with all regulations relative to “Animal Establishments” contained in the Animal Control Code.

B. Livestock and poultry shall be subject to other applicable provisions of the Animal Control Code (e.g., running at large, cruelty, nuisance, impoundment, etc.)

C. Commercial livestock establishments, including but not limited to, dairy farms, poultry farms, training farms, livestock boarding establishments, livestock display and sale facilities and feed lots, shall in addition to the requirements of this article be subject to the applicable provisions of the city of Norfork Zoning Code as may now or hereinafter be adopted or amended.

D. Vaccinations and testing: All equine (horses, donkeys, mules or any animal related to the horse family) must be tested for Cogan’s as required by Arkansas state law and the owner must be able to provide a copy of the negative Cogan’s test for each animal upon request by a city official. (Ord. No. 2010-5, Sec. 16.)

6.04.17 Exceptions

A. Nothing in this article shall prohibit the keeping of livestock at facilities for the purpose of conducting livestock events at those facilities.

B. The otherwise lawful keeping of any livestock within the city of Norfork, existing on or before the effective date of this article or existing on or before the effective date of any subsequent annexation, may continue; provided, however, that such keeping shall not be extended or enlarged, either upon the same or adjoining property nor shall any subsequent discontinuance of such keeping be restored except in compliance with this article. (Ord. No. 2010-5, Sec. 17.)

6.04.18 Condition of pens and premises Persons owning, possessing, keeping or otherwise responsible for an animal shall keep the premises where such animal is kept clean, free from offensive odors, and not a threat to public health. (Ord. No. 2010-5, Sec. 18.)

6.04.19 Roadside sale of animals No animal may be sold on the roadside in the city of Norfork, including any street or highway right-of-way appurtenant thereto. (Ord. No. 2010-5, Sec. 19.)

53.7

S-16

6.04.20 Penalties Any person violating any provision of this ordinance which does not have a previously stated fine or penalty structure shall be penalized as follows:

A. A fine of up to Twenty-Five Dollars ($25.00) for a first offense.

B. A fine of no less than Twenty-Five Dollars ($25.00), nor more than Fifty Dollars ($50.00), for any second or subsequent offense.

In addition, a person charged with violation of any provision of this ordinance may be ordered to pay restitution to any victim for injury or property damage as a resulting from the violation. (Ord. No. 2010-5, Sec. 20.)

6.04.21 Citations The Animal Control Officer of the Chief of Police is hereby authorized to issue a citation as defined by the Arkansas Rules of Criminal Procedure to the owner, possessor, keeper, or person otherwise responsible for an animal violating any provision of this ordinance. The citation shall be in a form as approved by the District Court of Norfork, Arkansas. Said citation shall designate the offense committed and shall require the person so charged to appear before the District Court of Norfork, Arkansas, to answer the charges therein contained or present said citation at the District Court of Norfork, Arkansas, prior to said court date for disposition. Should a physical arrest be required for any offense, the Animal Control Officer shall seek the assistance of the Chief of Police to effectuate said arrest. (Ord. No. 2010-5, Sec. 21.)

53.8

S-15

TITLE 7

PUBLIC PEACE, SAFETY AND MORALS

Chapters:

7.04 State Criminal Statutes and Penalties

7.08 Curfew

7.12 Loitering

7.16 Prohibited Weapons

7.20 Claims against City

7.24 Storage and Handling of Volatile Combustibles

7.28 Vacation Disconnect for Public Services

7.32 Open Burning

CHAPTER 7.04

STATE CRIMINAL STATUTES AND PENALTIES

Sections:

7.04.01 State criminal statutes adopted

7.04.02 State penalties adopted

7.04.01 State criminal statutes adopted All criminal statutes of the state relating to misdemeanors and violations of the laws of criminal procedure in connection therewith, three (3) copies of which are on file in the Recorder/Treasurer's office, are hereby enacted by the City Council to form a part of the laws of the city and any person, firm or corporation being found guilty of the violation of any such laws shall be deemed guilty of the violation of the ordinances of the city, and shall be fined or imprisoned or both in the manner set out under the state statutes.

STATE LAW REFERENCE - See A.C.A. 14-55-501

7.04.02 State penalties adopted The same minimum and maximum penalties for the violation of misdemeanors and violations as are provided in the state statutes are hereby adopted as the minimum and maximum fines for the violation of the same offenses which are prohibited by the ordinances of this city.

STATE LAW REFERENCE - A.C.A. 14-55-502

54

CHAPTER 7.08

CURFEW

Sections:

7.08.01 Civil emergencies

7.08.02 Congregating during state of emergency

7.08.03 Penalty

7.08.01 Civil emergencies. The Mayor, any time a condition has arisen or is imminent which in his judgment constitutes a civil disturbance, riot, insurrection or time of local disaster, may declare a state of emergency and impose a curfew for such time and for such areas as he deems necessary to meet such emergency. Provided, however, such curfew shall not extend for over a period of forty-eight (48) hours unless extended by a majority vote of the members of the governing body.

7.08.02 Congregating during state of emergency. No person shall congregate, operate any business or be upon the streets or other public ways, unless on official business for the city

or state, in any area or areas designated by the Mayor as curfew areas in the city during the time of any declared emergency.

7.08.03 Penalty. Any person violating any of the provisions of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not to exceed Five Hundred ($500.00) Dollars or confinement in jail for not more than one (1) year, or both.

CHAPTER 7.12

LOITERING

Sections:

7.12.01 Illegal

7.12.02 Definitions

7.12.03 Penalty

7.12.01 Illegal. It shall be unlawful for any person to loiter upon the sidewalks, streets, highways, alleys or other public places within the city.

55

7.12.02 Definitions.

A. A person commits the offense of loitering if he:

1. lingers, remains or prowls in a public place or on the premises of another without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity; and upon inquiry by a law enforcement officer, refuses to identify himself and give a reasonably credible account of his presence and purpose; or

2. lingers, remains, or prowls in or near a school building, not having any reason or relationship involving custody of or responsibility for a student,

and not having written permission from anyone authorized to grant the same; or

3. lingers or remains in a public place or on the premises of another for the purpose of begging; or

4. lingers or remains in a public place for the purpose of unlawfully gambling; or

5. lingers or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual activity; or

6. lingers or remains in a public place for the purpose of unlawfully buying, distributing, or using a controlled substance; or

7. lingers or remains on or about the premises of another for the purpose of spying upon or invading the privacy of another.

B. Among the circumstances that may be considered in determining whether a person is loitering are that the person:

1. takes flight upon the appearance of a law enforcement officer; or

2. refuses to identify himself; or

3. manifestly endeavors to conceal himself or any object.

C. Unless flight by the actor or other circumstances make it impracticable, a law enforcement officer shall, prior to an arrest for an offense under subsection A (1) of this section, afford the actor an opportunity to dispel any alarm that would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. 56

D. It shall be a defense to a prosecution under subsection 1(a) that the law enforcement officer did not afford the defendant an opportunity to identify himself and explain his presence and conduct, or if it appears at trial that an explanation given by the defendant to the officer was true, and if believed by the officer at that time, would have dispelled the alarm.

7.12.03 Penalty. As set out in A.C.A. 5-71-213, loitering is a Class C misdemeanor punishable by a maximum fine of One Hundred Dollars ($100.00).

CHAPTER 7.16

PROHIBITED WEAPONS

Sections:

7.16.01 Unlawful to carry, exchange

7.16.01 Unlawful to carry, exchange. It shall be unlawful for any person to carry any knife, the blade of which is over three (3) inches in length, or to carry any instrument commonly called a crabapple switch, dirk, dagger, pick or any other dangerous or deadly weapon within the city, and it shall further be unlawful for any firm or corporation to sell, barter, exchange or otherwise dispose of such knives, crabapple switches, dirks, daggers or picks, or instruments to be used for a weapon within the corporate limits of the city.

CHAPTER 7.20

CLAIMS AGAINST CITY

Sections:

7.20.01 Liability coverage

7.20.02 Settlement of claims

7.20.01 Liability coverage. The city shall carry liability coverage on all its motor vehicles in the minimum amounts prescribed in the Motor Vehicle Safety Responsibility Act.

STATE LAW REFERENCE - See A.C.A. 21-9-303

57

S-12

7.20.02 Settlement of claims. All persons having claims against the city may file them with the Recorder/Treasurer. The Recorder/Treasurer shall present them to the Council. The Council may grant a hearing for the claimant and may authorize a settlement.

STATE LAW REFERENCE - See A.C.A. 21-9-302

CHAPTER 7.24

STORAGE AND HANDLING OF VOLATILE COMBUSTIBLES

Sections:

7.24.01 Restriction on keeping

7.24.02 Volatiles never to be allowed to pass into drainage system

7.24.03 Penalty

7.24.01 Restriction on keeping. Gasoline, naphtha, benzine, and other like volatile combustibles or their compounds in excess of a total of five (5) gallons, exclusive

of that in tanks of automobiles, in combustion engines, or in approved portable wheeled tanks in public garages each not exceeding sixty (60) gallons capacity, shall not be kept within any building. Such total of five (5) gallons or less shall be kept only in cans approved by the Norfork Fire Protection District Chief. Any quantity in excess of five (5) gallons shall be kept only in a tank or tanks placed not less than two (2) feet beneath the surface of the ground or in an outside tank or tanks above ground and approved by the Chief of the Fire Department located not less than fifty (50) feet from the line of any adjoining property which may be built upon. The tank or tanks shall be adequately and properly diked with a dike having capacity not less than equal in volume to that of the tank or tanks surrounded. No underground tanks shall be placed, constructed or maintained under a street, public sidewalk or in a sidewalk area. 9Ord. No. 06-8, Sec. 1.)

7.24.02 Volatiles never to be allowed to pass into drainage system. In no instance shall gasoline, naphtha, benzine and other like volatile combustibles or their compounds be allowed to run upon the floor or fall or pass into the drainage system of the premises. Self-closing metal cans shall be used for all oily waste or waste oils.

7.24.03 Penalty. Any person who shall violate or fail to comply with any of the provisions of this chapter, or who shall violate or fail to comply with any order or regulation, shall upon conviction, be punished by a fine not exceeding One Hundred Dollars ($100.00). The imposition of one (1) penalty for violation of this chapter shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and each day that any prohibited condition is maintained shall

58

S-15

constitute a separate offense. The application of said penalty shall not be held to prevent the enforced removal of any prohibited condition as provided by this chapter.

CHAPTER 7.28

VACATION DISCONNECT FOR PUBLIC SERVICES

Sections:

7.28.01 Discontinuing practice

7.28.01 Discontinuing practice It is ordained by the City Council of the city of Norfork, Arkansas, that this ordinance to discontinue the practice of allowing “vacation disconnect” for water, sewer and trash service is necessary for the efficient operation of municipal government and shall take effect and be in full force from and after its passage. (Ord. No. 2007-10, Sec. 1.)

CHAPTER 7.32

OPEN BURNING

Sections:

7.32.01 Definitions

7.32.02 applicability

7.32.03 Enforcement

7.32.04 Fine

7.32.01 Definitions

Grilling/cooking is defined as cooking with charcoal, wood, propane or natural gas in cooking or grilling appliances and is not regulated by this ordinance.

59

S-15

Hazardous refuse is defined as hazardous substance including but not limited to batteries, household chemicals, pesticides, used oil, gasoline, paints, varnishes and solvents, furniture, appliances, tires, any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam and synthetic fabrics, plastic films and containers, food and food by-products.

Heating a building with a stove, furnace, fireplace or other heating device by burning/use of propane, acetylene, natural gas, gasoline or kerosene for the purpose of heating a building for human or animal habitation and construction or maintenance within a building does not constitute outdoor/open burning.

Outdoor and open burning is the open burning of any refuse in the open air or outdoors in other than an incinerator designed for that purpose. (Ord. No. 2009-6, Sec. 1.)

7.32.02 Applicability The City Council of the city of Norfork prohibits the following:

A. Open burning of hazardous refuse as defined above.

B. Open burning of any materials brought on to personal property from another site.

C. Open burning must be no closer than fifteen (15) feet from the neighbor’s property line or twenty-five (25) feet from any buildings.

(Ord. No. 2009-6, Sec. 2.)

7.32.03 Enforcement The Mayor of the city of Norfork or his designee is authorized to enforce the provisions of this ordinance and may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance. The city of Norfork shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this ordinance. (Ord. No. 2009-6, Sec. 3.)

7.32.04 Fine Any person or entity found to have violated or fails to comply with a duly authorized order issued pursuant to this ordinance shall be deemed to be responsible for a municipal civil infraction which shall be punishable by civil fine and shall be punishable by a minimum fine of Fifty Dollars ($50.00) and maximum fine of Two Hundred Dollars ($200.00) per offense. Each day that a violation exists shall constitute a separate violation. (Ord. No. 2009-6, Sec. 4.)

60

S-4

TITLE 8

VEHICLES AND TRAFFIC

Chapters:

8.04 Adoption of State Laws

8.08 Parking

8.12 Emergency Vehicles

8.16 Non-Operating Vehicles

CHAPTER 8.04

ADOPTION OF STATE LAWS

Sections:

8.40.01 Adoption of state laws

8.04.01 Adoption of state laws. The "Uniform Act Regulating Traffic on Highways of Arkansas", as contained in Title 27 of the Arkansas Statutes, three (3) copies of which

are on file in the office of the Recorder/Treasurer, is hereby adopted as traffic rules and regulations within and for the city. Any person convicted of violation of said statutes shall be deemed guilty of the violation of the ordinances of the city, and shall be fined or imprisoned or both in the manner set out under the state statutes.

CHAPTER 8.08

PARKING

Sections:

8.08.01 Parking

8.08.02 Fine

8.08.01 Parking No vehicles will be permitted to park in any physical city street or alleys within the city of Norfork=s city limits. (Ord. No. 99-03, Sec. 1.)

8.08.02 Fine Any person whose vehicle found in violation of this ordinance shall be guilty of a misdemeanor and will be fined Twenty Five Dollars ($25.00) a day; each day=s violation shall be a separate offense. Any vehicle blocking the street shall be subject to be towed

immediately at the owner=s expense. (Ord. No. 2000-16, Sec. 4.)

61

CHAPTER 8.12

EMERGENCY VEHICLES

Sections:

8.12.01 Right-of-way

8.12.02 Following prohibited

8.12.03 Restriction of vehicular traffic

8.12.04 Strict enforcement

8.12.05 Exempt personnel

8.12.06 Penalty

8.12.01 Right-of-way. When any emergency vehicle is on an emergency run, a siren and/or flashing red light shall be operated at all times while said vehicle is in motion. Any such moving emergency vehicle shall be entitled to and shall receive the right-of-way over all pedestrian and vehicle traffic. When the operator of any non-emergency vehicle is approached from any direction by such emergency vehicle, he shall immediately move his vehicle to the extreme right side of the street, and shall come to a full stop, remaining at such full stop until all such emergency vehicle movements have passed.

8.12.02 Following prohibited. No person except as herein authorized shall follow any emergency vehicle which is operating its emergency signals.

8.12.03 Restriction of vehicular traffic. No vehicular traffic (other than that of authorized personnel specified herein) shall be permitted within a three (3) block radius of any emergency, unless such vehicular movement is permitted by order of the fire, police or medical personnel in charge at the scene of such emergency. Fire, police or other authorized personnel shall have the specific authority to order all pedestrians and spectators outside said emergency area at any time.

8.12.04 Strict enforcement. The provisions hereof shall be strictly enforced by members of the Police Department.

8.12.05 Exempt personnel. The following personnel when acting in the line of duty are specifically exempt from the provisions of this chapter;

A. All regular and volunteer Fire Department personnel.

B. All regular and auxiliary police personnel.

C. News reporting and photography personnel for public

62

communications media.

S-8

D. Medical, nursing and ambulance personnel.

E. Law enforcement officers; and other persons specifically authorized by the Mayor, Police Chief or Fire Chief.

F. Public utility personnel.

8.12.06 Penalty. Any person violating any of the provisions hereinabove shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

CHAPTER 8.16

NON-OPERATING VEHICLES

Sections:

8.16.01 Definitions

8.16.02 Inoperable motor vehicles

8.16.03 Notice of violation; removal of vehicle

8.16.04 Licensed businesses

8.16.05 Storage of inoperable vehicles

8.16.06 Penalty

8.16.01 Definitions As used in this ordinance, the following words shall have these definitions:

City officials: Mayor of the city of Norfork, Arkansas.

Enclosure: A building, wall or fence that conceals a vehicle from all adjoining property at ground level.

Inoperable motor vehicle: An inoperable motor vehicle shall be defined as anyone or more of the following, which may apply:

A. any vehicle placed on blocks, or

B. has one or more wheels removed, or

C. is not in proper condition to be legally operated on the streets, or

63

S-13

D. lacks an integral part of assembly, or

E. is not capable of self-locomotion.

(Ord. No. 2007-5, Sec. 1.)

Open storage: Open storage is storage in the open, with no covering or walls. This includes a carport, which has at least two (2) open sides.

Person: This term applies to individuals, as well as firms, corporations and voluntary associations, unless plainly inapplicable.

Public property: Public property is any street, alley, right-of-way, or property that is owned or under the control and supervision of the municipality.

Private property: Any property that is not classified as public.

(Ord. No. 2002-09, Sec. 1.)

8.16.02 Inoperable motor vehicles

A. On public property

It shall be unlawful for any person to maintain, store, or keep an inoperable motor vehicle on public property.

B. On private property

It shall be unlawful for any person to maintain, store, or keep in the open an inoperable motor vehicle on private property for more than seven (7) days, unless an appropriate permit is obtained from the city of Norfork.

(Ord. No. 2002-09, Sec. 2.)

8.16.03 Notice of violation; removal of vehicle

A. Public property: When city officials observe or find an inoperable motor vehicle stored in open public property, the city officials shall place notice on the vehicle requiring the owner of the vehicle to remove it within 24 hours. In the event that the vehicle is not removed, the city is authorized to remove and impound the vehicle, in accordance with the laws governing abandoned motor vehicles. In the event that the motor vehicle obstructs the movement of traffic or constitutes a traffic hazard, the city shall immediately have the vehicle removed.

64

S-8

Exception: The above section does not apply to operable motor vehicles parked in front of a residence by the resident or their guest, as long as it does not block the right-of-way. (Ord. No. 03-05, Sec. 1.)

B. Private property: When city officials observe of find an inoperable motor vehicle stored in the open on private property, the city officials shall make a reasonable attempt to locate the owner of the motor vehicle, or the person responsible for placing the vehicle upon private property. The city officials will serve a written notice to that person to remove the vehicle within seven (7) days of receipt of the notice. If the vehicle is not removed within the seven (7) days, the person shall be charged with a violation of this ordinance and scheduled for appearance in Municipal Court. (Ord. No. 02-09, Sec. 3.)

Exception for vehicle being repaired: Nothing in this ordinance shall prevent a person from keeping in the open on private property one (1) inoperable motor vehicle for the purpose of making minor repairs (including antique motor vehicles). In either of these situations, the owner of the vehicle shall obtain a permit within seven (7) days from the Mayor of the city of Norfork. This permit will be issued for a fourteen (14) day period. Only two (2) permits per household will be allowed annually. (Ord. No. 03-05, Sec. 1.)

8.16.04 Licensed businesses Nothing in this ordinance is to be interpreted as preventing

a licensed business from dealing with any inoperable motor automobiles, as long as they are

properly zoned. (Ord. No. 02-09, Sec. 4.)

8.16.05 Storage of inoperable vehicles Inoperable vehicles that are stored in an enclosure are not in violation of this ordinance. (Ord. No. 02-09, Sec. 5.)

8.16.06 Penalty Any person violating this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than $25.00 or more than $50.00 each day, plus any and all court costs. Each day such violation occurs shall be considered a separate offense. (Ord. No. 02-09, Sec. 6.)

65

S-10

TITLE 9

STREETS AND SIDEWALKS

Chapters:

9.04 Streets, Alleys, Gutters or Ditches

9.08 Excavations and Alterations

9.12 Road Numbering Coinciding with E-9-1-1 System

9.16 Amendments to E-9-1-1 System

9.20 Vacating of Streets

CHAPTER 9.04

STREETS, ALLEYS, GUTTERS OR DITCHES

Sections:

9.04.01 Streets and alleys

9.04.02 Notice in writing

9.04.03 Driveways

9.04.04 Fines

9.04.05 Gutters and ditches

9.04.06 Fine

9.04.01 Streets and alleys. It shall be the duty of every owner or occupant of any lot or premises in the city of Norfork along which any street or alleys runs, to keep said street or alley from the middle line thereof to the side next to him, free from all manner and kind of filth, garbage, trash, debris or decaying animal and vegetable substance of every kind, grass, weeds, and etc.

It shall be unlawful for any person to construct or erect any curbs, gutters, culverts, driveway, buildings, or any type of construction or plant or cause to be planted any shrubbery, bushes and/or trees on or upon any street, alley, right-or-way and/or any other property of the city of Norfork, Arkansas unless said person or persons files a petition with the City Council of the city of Norfork, requesting the consent approval and authority from the City Council of the city of Norfork, Arkansas, to construct a curb, gutter, driveway, culvert, and/or any other type of construction and plant or cause to be planted any shrubs, bushes and/or trees on or upon any

66

S-6

street, alley, right-of-way and/or any other property owned by the city of Norfork, Arkansas, and the city has passed a resolution authorizing such construction and/or planting. (Ord. No. 00-11, Sec. 1.)

9.04.02 Notice in writing Any person or persons constructing any curb, gutter, driveway, culvert and/or any other type of construction or plant any shrubs, bushes and/or trees on or upon any street, alley, right-of-way and/or any other property owned by the city of Norfork, Arkansas, without first obtaining the approval of the City Council of the city of Norfork, Arkansas, as herein above set out in section 9.04.01, after the receiving of seven (7) days notice in writing by the city of Norfork, shall refuse to remove any said construction or any shrub, bush and/or tree, the city of Norfork is hereby authorized to enter upon the street, alley, right-of-way and/or any other city-owned property and have said construction and/or plants, shrubs and/or trees cut, removed and/or eliminated, and the costs thereof shall be charged against said person or persons who caused said construction and or planting. (Ord. No. 00-11, Sec. 2.)

9.04.03 Driveways Every person, firm or corporation constructing a driveway over any public ditch within the city of Norfork, Arkansas, shall provide some adequate means for the continued flow of water through said ditch; such opening shall be made by tile or other materials to be approved by the Street Superintendent of the city of Norfork, Arkansas. (Ord. No. 00-11, Sec. 3.)

9.04.04 Fines Any person failing to comply with the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be punished upon conviction in any sum not less than One Hundred ($100.00) nor more that Five Hundred Dollars ($500.00), and each dy that said condition shall exist shall be considered a separate offense. (Ord. No. 00-11, Sec. 4.)

9.04.05 Gutters and ditches The owner or owners, occupant or occupants of any block or lot or part of block or lot in the city of Norfork, Arkansas, abutting on any gutter or ditch of any street of said city shall be and are herby required to keep the said gutter or gutters or ditch or ditches upon which the premises owned or occupied by them may abut, clean and clear of all obstructions of whatever nature to the fre flow of water therein, and any and all persons are hereby prohibited from depositing or permitting any deposit in any street, gutter or gutters, and ditch or ditches of said city, any matter or thing that will obstruct or cause to be obstructed the free flow of water therein, provided that nothing herein contained shall be construed as to apply to obstructions caused by the natural flow of water. (Ord. No. 00-11, Sec. 5.)

9.04.06 Fine Any person violating the provisions of the ordinance shall, upon conviction, be deemed guilty of a misdemeanor and fined in any sum not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) and further shall pay the costs of removing said obstruction deposited or permitted to be deposited by them. Each day any such obstruction is permitted to exist shall be a separate offense. (Ord. No. 00-11, Sec. 6.)

66.1

S-6

CHAPTER 9.08

EXCAVATIONS AND ALTERATIONS

Sections:

9.08.01 Excavations - permit

9.08.01 Application for permit - deposit

66.2

9.08.03 Excavations to be restored

9.08.01 Excavations - permit. No person, firm or corporation shall cut into, tunnel under, or in any manner disturb the surface of any street, alley or sidewalk in the city without first applying for and obtaining from the a written permit to do so, which shall be dated, and shall give the name and address of the person to whom the permit is granted, and the location of the place where the street, alley or sidewalk is to be cut into, tunneled under, and the purpose for which said permit is granted.

9.08.02 Application for permit - deposit. Any person, firm or corporation applying for said permit shall estimate in writing the number of square feet to be cut or tunneled. Before such permit is granted the applicant shall deposit with the for the purpose of insuring that the street is properly restored the sum of Five Dollars ($5.00) per square foot for cutting concrete or other bituminous surface and Two ($2.00) Dollars per square foot for cutting into gravel surface; provided the minimum deposit shall be Twenty-Five ($25.00) Dollars irrespective of the estimate.

9.08.03 Excavations to be restored. All excavations made are to be restored to their original condition to the satisfaction of the Mayor or his appointee before the deposit shall be returned.

STATE LAW REFERENCE - See A.C.A. 14-301-101

CHAPTER 9.12

ROAD NUMBERING COINCIDING WITH E-9-1-1 SYSTEM

Sections:

9.12.01 Established

9.12.02 Map adopted

9.12.03 City addresses

9.12.04 County and public roads

9.12.05 E-9-1-1 office shall make changes

9.12.06 Numbers shall be assigned

9.12.07 Address numbers9.12.01 Established There is hereby established a uniform system for numbering the

67

property frontages on all road and public ways in Norfork and the residential and business structures accessible therefrom. (Ord. No. 94-07, Sec. 1.)

9.12.02 Map adopted A Norfork road map prepared and dated December 1988 by the Arkansas State Highway and Transportation Department is hereby adopted as the official Norfork E-9-1-1 map for numbering and location of roads and public ways with the city. (Ord. No. 94-07, Sec. 2.)

9.12.03 City addresses All inhabitable structures in the city will be addressed by a grid system using 211 addresses per mile as our standard. (Ord. No. 94-07, Sec. 3.)

9.12.04 County and public roads All county roads and public ways shall be numbered from the point of beginning of each road and all structures located on each road shall be numbered in such a way that all structures on the north and/or east side shall have odd numbers, and all structures on the south and/or west side shall have even numbers. (Ord. No. 94-07, Sec. 4.)

9.12.05 E-9-1-1 office shall make changes The Baxter County E-9-1-1 office previously established by Quorum Court shall be authorized to make such changes, alterations and additions to the numbering system created by adoption of said map as deemed appropriate to implement the current numbering system and also to include proper sequence numbers for such additional structures hereafter constructed, moved or located with the county. (Ord. No. 94-07, Sec. 5.)

9.12.06 Numbers shall be assigned The owner, builder and/or developer of any housing structures or business properties within the city after the original numbering system has been established and numbering provided for such existing units, shall apply to the Baxter County E-9-1-1 office for numbers to be assigned to all newly established roads and public ways and to such structures as constructed, no less than thirty (30) days prior to the occupancy thereof. All roads and/or public ways in any subdivision shall be numbered and/or named on the submission of plats thereof to the county E-9-1-1 office prior to final plat approval by the Norfork City council and recording of said plats with the designations thereon to ensure consistency with the existing naming and numbering regimen established by this ordinance and to thereby avoid duplication of road and public way designations. (Ord. No. 94-07, Sec. 6.)

9.12.07 Address numbers

A. No person, firm, corporation, partnership or other entity shall authorize any public utility company as defined by Arkansas law to supply any service to any new residence or business in Baxter county until an official E-9-1-1 address for such residence or business has been assigned or otherwise approved by the County Judge or his designee.

B. Address numbers shall be at least three (3) inches in minimum height and shall be installed at the expense of the owner, maintained at the expense of the owner, and

68

Shall likewise conform to the standards established by the county. Such address numbers shall be posted in such a manner as to be clearly visible from the named and/or numbered road of access.

C. Any person or other entity failing to comply with the provisions of this ordinance shall upon conviction thereof, be fined not less than Twenty-five Dollars ($25.00) plus prosecution costs for each offense. Each day said offense continues shall be deemed as a separate offense. (Ord. No. 94-07, Sec. 7.)

CHAPTER 9.16

AMENDMENTS TO E-9-1-1 SYSTEM

Sections:

9.16.01 Norfork road map

9.16.02 5.28' scale

9.16.03 Numbering

9.16.04 Assigned structure numbers

9.16.01 Norfork road map A Norfork road map prepared and dated December 1988 by Slater Surveying & Mapping is hereby adopted as the official Norfork E-911 map for numbering and location of roads and public ways with the city. (Ord. No. 97-02, Sec. 2.)

9.16.02 5.28' scale All inhabitable structures in the city will be addressed using the 5.28 feet scale. (Ord. No. 97-02, Sec. 3.)

9.16.03 Numbering All city, county, private and public ways shall be numbered from the point of beginning of each road and all structures located on each road shall be numbered in such a way that all structures on the left will be even numbers and all structures on the right be odd numbers. (Ord. No. 97-02, Sec. 4.)

9.16.04 Assigned structure numbers The owner, builder and/or developer of any housing structures or business properties within the city after the original numbering system has been established and numbering provided for such existing units, shall apply the baxter county 911 office for and address before receiving the Norfork City Building Permit. The applicant shall post a temporary sign displaying the assigned structure number at the construction site until such a time the permanent number can be displayed as described in Section 7, Item B of Or. 94-07. In those parts of the address service area where the property is located outside the city but still part of the Planning Commission jurisdiction, the applicant shall apply to the Baxter County E-911 office for an assigned address. Upon occupancy of the structure, the temporary posted address will be permanently affixed to the structure as described in Section 7, Item B of Ord. 94-07.

69

S-10

All roads and/or public ways in any subdivision shall be numbered and/or named on the submission of plats thereof to the county E-911 office prior to final plat approval by the Norfork City Council and recording of said plats with the designation thereon to ensure consistency with the existing naming and numbering regimen established by this ordinance and to thereby avoid duplication of road and public way designations.

Upon annexation of any county and/or private road which structures have been addressed on a 5.28' scale, any future structures built or moved after annexation will be addressed on the 5.28' scale. Any road without structures prior to annexation will be addressed on the same scale. (Ord. No. 97-02, Sec. 5.)

CHAPTER 9.20

VACATING OF STREETS

Sections:

9.20.01 Vacating by reference

9.20.01 Vacating by reference

Ord. No. 04-7 Part of First Street located north of Wolf Street

70

S-15

TITLE 10

UTILITIES

Chapters:

10.04 Sewer Regulations

10.08 Water and Sewer Rates

10.12 Cross-Connection Program

10.16 Wellhead Protection

10.20 Water and Sewer Bonds

10.24 Identity Theft Prevention Program

CHAPTER 10.04

SEWER REGULATIONS

Sections:

10.04.01 Definitions

10.04.02 Use of public sewers required

10.04.03 Building sewers and connections

10.04.04 Use of public sewers

10.04.05 Protection from damage

10.04.06 Fines

10.04.07 Loan from Farmers Home Administration

10.04.01 Definitions Unless the context specifically indicates otherwise, the meaning of the terms used shall be as follows:

1. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures in five (5) days at twenty (20E) degrees C, expressed in milligrams per liter.

2. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

3. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal.

71

4. "Combined Sewer" shall mean a sewer receiving both surface run off and sewage.

5. "Garbage" shall mean solid waste from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

6. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage.

7. "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

8. "Person" shall mean any individual, firm, company, association, society, corporation or group.

9. "Ph" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

10. "Properly Shredded Garbage" shall mean the waste from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than one-half inch (1.27 centimeters) in any dimension.

11. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

12. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and ground waters are not intentionally admitted.

13. "Sewage" shall mean a combination of the water carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

14. "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage.

15. "Sewage Works" shall mean all facilities for collecting, pumping, treating and disposing of sewage.

16. "Sewer" shall mean a pipe or conduit for carrying sewage.

72

17. "Shall" is mandatory; "may" is permissive

18. "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.

19. "Storm-Drain" (sometimes termed storm sewer) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water.

20. "Superintendent" shall mean the City Engineer or his authorized agent, deputy, or representative.

21. "Suspended Solids" shall mean solids that either float on the surface, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

22. "Watercourses" shall mean a channel in which a flow of water occurs, either continuously or intermittently.

10.04.02 Use of public sewers required.

A. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the city or in any area under the jurisdiction of the city, any human or animal excrement, garbage or other objectionable waste.

B. It shall be unlawful to discharge to any natural outlet any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

C. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

D. All persons, firms, corporations, or other persons having supervision of or owning any house, building, business, or property used for human occupance, employment, recreation, or other purpose which is located within three hundred feet of any public sewer constructed by the city or under its authority is required at their expense to connect the water closets, sinks, drains, and all wastewater plumbing of such facilities with said public sewer.

E. The City is authorized to waive connection with the public sewer by owners of property situated within the city limits if said property is not accessible to the public

73

sewer system provided the property owner has or will install an individual sewage disposal system approved by the Arkansas State Board of Health. Before such a waiver is granted, it must appear to the satisfaction of the city that the property is not now accessible nor will be within a reasonable length of time in the future. If public sewer services do become available for and accessible to the properties herein contemplated, facilities on such properties shall be connected to the public sewer system.(Ord. No. 87- 65, Art. 1.)

F. The owner of any building which is connected to the public sanitary sewer shall be required to operate and maintain in a satisfactory manner the building drains, building sewers, and septic tank located on the private property. Maintenance shall be in accordance with all provisions of this ordinance at no expense to the City.

(Ord. No. 87-65 as amended by Ord. No. 1, Art. 1. )

G. The City shall provide periodic inspection of the septic tank to determine the need for pump out of the contents when full. When such pumpout is deemed necessary, the city employees or designated contractor shall enter the property during normal working hours for the purpose of uncovering the tank lid and inserting a pump suction line into the tank. Depending on the particular case, it may or may not be necessary to bring a vehicle onto the property to achieve this purpose. In any case, all damage done to the property by the City or its contractor shall be repaired in a satisfactory manner at the city=s expense. (Ord. No. 87-65 as amended by Ord. No. 1, Art. 1.)

10.04.03 Building sewers and connections.

A. Property owners desiring or directed to make connection with the sewer system of the City may make this connection on payment of a fee and receipt of a permit from the city unless payment for such fee is made with funds from the Arkansas Community and Economic Development Program. Such fee shall be fixed by the City Council and will take into account the nature, makeup, volume, and treatability of the generated wastewaters.

B. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sanitary sewer or appurtenance thereon without first obtaining a written permit from the Superintendent. All installations, alterations, repair, or other work on a building sewer shall be supervised by a city plumbing inspector. No work shall be initiated until the proper fees are paid and/or permit issued. The work may be inspected at any stage by the city and no work shall be covered or enclosed until the city has been notified and given sufficient opportunity to inspect and test the completed work.

C. The connection of the building sewer into the public sewer shall conform to the requirements of the Building and Plumbing Code or other applicable rules and

74

regulations of the city. All such connections shall be made gas-tight and watertight. A separate and independent building sewer shall be provided for every individually owned residential or commercial building and each such building shall have its own connection to the public sewer.

D. The size, slope, alignment, materials or construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the city.

E. All excavations for building sewer installation shall be adequately guarded with barriers and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

F. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a public sanitary sewer or building drain and all such existing connections at the date of passage of this Ordinance shall be removed.

G. Before any dwelling or other building having a connection to the public sanitary sewer shall be disconnected at the adjacent property line, the remaining portion of the building sanitary sewer leading into the public sanitary sewer shall be sealed and made watertight. (Ord. No. 87-65, Art. 2.)

10.04.05 Use of public sewers.

A.. No person shall discharge or cause to be discharged any of the following described water or wastes to any public sanitary sewer system:

1. gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquids, oil, or gas;

2. toxic or poisonous solids, liquids or gases in sufficient quantity, to injure or interfere with any sewage treatment process, or constitute a hazard;

3. waters or wastes of an acidic or alkaline nature in sufficient quantity to interfere with the sewage treatment process or capable of causing damage or hazard to structures, equipment, and personnel of the city;

4. solid or viscous substances in quantities or of such size capable of obstructing the flow in sewers otherwise interfering with the proper operation of

75

the sewage works;

5. any other water or wastes which can harm the sewers, sewage treatment process or equipment, cause the treatment plant effluent not to meet the requirements of agencies having jurisdiction over discharge to the receiving stream, or endanger life, limb, public property, or constitute a nuisance. In forming its opinion as to the acceptability of these waters or wastes, the city will give consideration to such factors as the quantity of the substance, materials of construction, nature and capacity of the sewage treatment process, and other pertinent factors.

F. Grease, oil and sand traps shall be provided when necessary for the proper handling of wastes containing grease or any flammable waste in excessive amounts and sand or other harmful ingredients, except that such traps shall not be required for private living quarters. Proper and satisfactory maintenance of such traps shall be the responsibility and at the expense of the owner or operator of the property contributing to the waste. All traps shall be of a type and capacity satisfactory to the city and in accordance with the state plumbing code and shall be located as to be easily accessible for cleaning and inspection. (Ord. No. 87-65, Art. 3.)

10.04.05 Protection from damage.

A. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewer works. Any person violating this provision shall be subject to a fine not to exceed Five Hundred Dollars ($500.00) for each offense and shall also be liable for all damage and costs incident to replacement of the facilities.

B. Authorized employees of the city shall be permitted to enter properties during normal working hours for the inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Ordinance.

C. Authorized employees of the city shall be permitted to enter private properties on which there lies a public sanitary sewer for the purpose of inspection, operation, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said properties. (Ord. No. 87-65, Art. 4.)

10.04.06 Fines

A. Any person found to be violating any provision of this chapter except Article 4, paragraph 1, shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.The 76

S-12

offender shall, within the period of time stated in such notice, permanently cease all violations.

B. The owner of any building drain, building sewer, or private disposal system shall keep such facilities clean and in good repair. Failure to comply with written notice by the city to make repairs or remove violations shall subject the owner or operator or the property where such sewers may be situated to fine and punishment not exceeding Fifty Dollars ($50.00) for any one neglect, nor imprisonment for more than 30 days for each offense. Each day of continued violation shall constitute a separate offense.

C. Any person found guilty of violating any of the provisions of the ordinance shall be punished by fine and imprisonment, or both, at the discretion of the court in any sum not more than Five Hundred Dollars ($500.00) and for a period not longer than six (6) months and shall be liable for such damage which sum shall be found by the court. (Ord. No. 87-65, Art. 6.)

10.04.07 Loan from Farmers Home Administration The city of Norfork is hereby authorized to obtain a loan from the Farmers Home Administration in the sum of $55,000.00 for sewer facility purposes. (Ord. No. 87-69, Sec. 1.)

CHAPTER 10.08

WATER AND SEWER RATES

Sections:

10.08.01 Water rates

10.08.02 Rates for connections

10.08.03 Meter deposits

10.08.04 Sewer rates

10.08.01 Water rates The following rates be and they are hereby fixed as rates to be charged, effective upon the date of this ordinance, for water to be furnished and services to be rendered by the water system of the city:

A. Monthly water rates The water usage of each customer shall be determined each month by meter measurement, and the amount to be paid by each customer shall be computed on the basis of the following schedule of rates.

77

S-12

B. Meters shall be installed in water connections to all buildings or property, public or private. Bills for water service shall be rendered on the first day of each month following the month during which service was furnished, and, if not paid prior to the 11^th day of the month, a 10% penalty shall be added to the bill. If a bill is not

paid within 15 days from rendition, service shall be disconnected. In the event service is discontinued due to the non-payment of bills, the premises shall be disconnected from the waterworks system. Such premises may be later reconnected to said system upon payment of a reconnection charge of Fifty Dollars ($50.00) plus the unpaid bill due to the city, such payments to be made at the time service is resumed. (Ord. No. 02-04, Sec. 1.)

C. Protection from damage and/or theft

1. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or equipment which is a part of the city water system. Any person violating this provision shall be subject to immediate suspension of water services. The reconnection fee for the first offense will be Three Hundred Dollars ($300.00) and for the second offense will be One Thousand Dollars ($1000.00) In addition to the reconnection fee, the customer may be charged by the Baxter County Sheriff's Department.

2. Authorized employees of the city shall be permitted to enter private properties on which there lies a part of the water system for the purpose of inspection, observation, measurement, sampling, testing, repair, and maintenance. (Ord. No. 05-8, Sec. 1.)

RATES FOR RESIDENTIAL CUSTOMERS

INSIDE CITY LIMITS

From 0 to 1000 gallons of water consumption $10.06

per month, or portion thereof.

From 1001 gallons of water consumption per thousand, $3.74

or portion thereof, per month

77.1

S-12

RATES FOR RESIDENTIAL CUSTOMERS

OUTSIDE CITY LIMITS

From 0 to 1000 gallons of water consumption $14.66

per month, or portion thereof.

From 1001 gallons of water consumption, or portion thereof $3.74

per thousand, per month.

RATES FOR COMMERCIAL/INDUSTRIAL

INSIDE CITY LIMITS

From 0 to 1000 gallons of water consumption $10.06

per month, or portion thereof.

From 1001 gallons of water consumption $3.74

per month, or portion thereof, per thousand.

RATES FOR COMMERCIAL/INDUSTRIAL

OUTSIDE CITY LIMITS

From 0 to 1000 gallons of water consumption $14.66

per month, or portion thereof.

From 1001 gallons of water consumption $3.74

per month, or portion thereof, per thousand.

ANNUAL RATE ADJUSTMENT ON ALL WATER RATES

Beginning January 1, 2008, and every January 1 thereafter, all water rates shall be increased by 5% each year. (Ord. No. 06-9, Sec. 1.)

78

S-14

10.08.02 Rates for connections

A. The following shall apply to water meter installations and hood-ups:

All new installations minimum fees will be Three Hundred Fifty Dollars ($350.00) plus Three Hundred Dollars ($300.00) for a road bore (if required). The total fee shall be based on cost of labor and materials from the city's existing water source to the meter. All meters will be placed on owner's property in the city's right-a-way. Installation of the water line from the city's water source to the meter and installation of the meter will be done by the city of Norfork's Water Department. The water line installation from the meter to the home will be the responsibility of the home owner and will be subject to inspection and approval by the city of Norfork's Water Department. (Ord. No. 2006-9, Sec. 1.)

B. The following shall apply to new sewer connections:

New installation fees are a minimum of Three Hundred Fifty Dollars ($350.00), plus Three Hundred Dollars ($300.00) for a road bore if required. The total fee shall be based on cost of labor and materials from city's existing sewer line to the owner's septic tank. The sewer line from the septic tank to the building will be the owner's responsibility and subject to inspection and approval by Norfork's Water Department. (Ord. No. 2006-9, Sec. 1.)

10.08.03 Meter deposits A meter deposit of One Hundred Dollars ($100.00), plus a Fifty Dollars ($50.00) hook-up fee will be charged on all water connections. (Ord. No. 2006-9, Sec. 1.)

All installation fees, meter deposits and hook-up fees must be paid before any work is started. (Ord. No. 2006-9, Sec. 1.)

10.08.04 Sewer rates

A. The following monthly rates and charges which the City Council hereby finds and declares are fair, reasonable and necessary minimum rates be, and they are hereby, fixed as rates to be charged for sewer services to be rendered by the system.

For the first 1,000 gallons of water $12.00 minimum

per month, or portion thereof

All over 1,000 gallons per month $2.50 per 1,000 gallons

or portion thereof

(Ord. No. 2008-6, Sec. 1.)

79

S-14

The lowest rate per 1,000 gallons will be adjusted as necessary to assure that the rate is greater than the cost of operation and maintenance per 1,000 gallons. The rates will be reviewed and adjusted periodically to assure adequate repayment ability, reserves and payment of operation and maintenance costs.

B. Tapping fee There shall be a tapping fee in an amount equal to the actual cost to the city for every customer who connects with the sewer facilities of the system.

C. None of the sewer facilities or services afforded by the system shall be furnished without a charge being made therefore. (Ord. No. 2008-6, Sec. 1.)

D. In accordance with Arkansas Code of 1987 Annotated, Title 14, Chapter 235, Subchapter 3, any owner of real property within the city shall, upon being ordered so to do by the City Council or any agency designated by the City Council for such purpose as a Board of Health of the city, constructed upon the property of such owner an appropriate line or lines, in accordance with plans approved by the city, connecting such property or building on such property to the sewer facilities of the system, provided that:

1. The distance from such property to the connection with the system does not exceed 300 feet, and

2. The City Council or the designated agency shall have determined, in its discretion, that the public health will be promoted by the construction of such line or lines.

E. The operation of the system shall be on a fully metered basis, with a meter installed at each water connection (except fire hydrants) when practical. There shall be only one user on a single connection. There shall be no dual connections; that is, there shall be no more than one user on a single meter. Each apartment in any apartment house shall be considered a separate user.

F. Notice of adoption of this ordinance shall be posted at Ozark Foods, Woodsmen Sports Shop, Wilma’s, City Hall and the Post Office, which are hereby found to be five of the most public places in the city.

G. That all bills for sewer services shall be rendered monthly in the net amount due and shall be due on or before the 10^th day after the billing therefore is rendered. If any sewer charge is not paid within 15 days after the same is due, suit can be

brought to collect the amount due, together with a reasonable attorney’s fee, plus a penalty of 10%. (Ord. No. 2001-08, Sec. 2.)

79.1

S-14

H. New installation fees New installation fees are a minimum of Two Hundred Seventy-Five Dollars ($275.00), plus Two Hundred Dollars ($200.00) for a road bore if required. The total fee shall be based on cost of labor and materials from city’s existing sewer line to the owner’s septic tank. The sewer line from the septic tank to the building will be the owner’s responsibility and subject to inspection and approval by Norfork’s Water Department.

A meter deposit of One Hundred Dollars ($100.00), plus a Fifty Dollar ($50.00) hook-up fee will be charged on all water connections.

All installation fees, meter deposits and hood-up fees must be paid before any work is started. (Ord. No. 2002-10, Sec. 1.)

79.2

CHAPTER 10.12

CROSS CONNECTION PROGRAM

Sections:

10.12.01 Definitions

10.12.02 Operational criteria

10.12.03 Facilities requiring backflow protection

10.12.04 Approval of backflow - prevention devices

10.12.05 Noncompliance

10.12.06 Ownership

10.12.07 Installation and costs

10.12.08 Testing and maintenance

10.12.01 Definitions

A. Backflow shall mean the flow of water or other liquids, mixtures of substances into the distribution pipes of a potable supply of water from any source other than its intended source.

B. Backflow preventer shall mean a device or means to prevent backflow.

1. ADouble-check valve assembly@ means an assembly composed of two single, independently acting, approved check valves, including tightly closing shutoff valves located at each end of the assembly and suitable test cocks for testing the water-tightness of each check valve.

2. AReduces-pressure-principal backflow prevention assembly@ means a device containing a minimum of two (2) cut-off valves and four (4) test cocks. (Ord. No. 94-08, Sec. 1.3)

10.12.02 Operational criteria It is the primary responsibility of the water purveyor and/or the city of Norfork to evaluate the hazards inherent in supplying a consumer=s water system, i.e. determine whether solid, liquid or gaseous pollutants or contaminants are, or may be, handled on the consumer=s premises in such a manner as to possibly permit contamination of the public water system. When a hazard or potential hazard to the public water service connection to the premises in accordance with this article's requirements. The type of device shall depend on the degree of hazard involved.

The type of protective device required shall depend on the degree of hazard as described

80

in AWWA Manual M-14 or as described below. Where more than one type of protection is possible, the actual method utilized shall be at the discretion of the water purveyor and/or the City of Norfork to physical inspection of the hazard.

A. In the case of any premises where there is an auxiliary water supply, there shall be no physical connection between said auxiliary water supply and the consumer=s water system which is served by the public water supply system. Where such connections are found, disconnections shall be accomplished and the public water system shall be protected against the possibility of future reconnection by an approved reduced pressure- principal backflow prevention device at the service connection.

B. In the case of any premises there is water or a substance that would be objectionable but not hazardous to health, if introduced into the public water system, the public water system shall be protected by an approved double-check valve assembly.

C. In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected by an approved reduced-pressure- principle backflow prevention assembly.

D. In case of any premises where there are Auncontrolled@ cross-connections, either actual or potential, the public water system shall be protected by an approved reduced- pressure-principal backflow prevention assembly at the service connection.

E. In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross-connection survey, the public water system shall be protected by the installation of an approved reduced-pressure-principle backflow prevention assembly at the service connection. (Ord. No. 94-08, Sec. 1.4)

10.12.03 Facilities requiring backflow protection.

A. The following is a partial list of facilities which may require reduced-pressure- principal backflow preventors at the service connection. Requirements are based upon the degree of hazard afforded the public potable water system.

1. Automatic car washes

2. Auxiliary water systems

3. Exterminators

4. Facilities with commercial boilers or chilled water systems

5. Fire systems

6. Hospitals, medical buildings, sanitariums, morgues, mortuaries, autopsy facilities, nursing and convalescent homes and clinics

81

7. Irrigation systems

8. Laboratories (industrial, commercial, medical and school)

9. Laundries

10. Radiator shops

11. Restricted, classified or other closed facilities

12. Sand and gravel plants

13. Wastewater treatment plants, pump stations and storm water pumping facilities

14. Waterfront homes, facilities, and industries

15. Swimming pools

16. Others, as found with high hazards

B. The following is a partial list of facilities which may require double-check valve assemblies:

1. Apartments

2. Beauty parlors and barber shops

3. Doctors and dental offices

4. Greenhouses and nurseries

5. Hotels and motels

6. Laundry and cleaners

7. Restaurants and food handlers

8. Service stations

9. Others, as found with suspected low hazards

(Ord. No. 94-08, Sec. 1.6)

10.12.04 Approval of backflow-prevention devices Any backflow-prevention device required herein shall be a type in accordance with AWWA specifications C506-78 or its latest revision, the Arkansas Department of Health Regulation and the water purveyor and/or the City of Norfork. (Ord. No. 94-08, Sec. 1.7)

10.12.05 Noncompliance

A. In emergency situations when the public potable water supply is being contaminated or is in immediate danger of contamination water service will be discontinued by the water purveyor and/or superintendent.

B. No water service connection shall be installed on the premises of any consumer unless the public potable water system is protected as required by this article.

C. Delivery of water to premises of any consumer may be discontinued by the water purveyor and/or the City of Norfork if any protective device required by this article has not been installed, or is defective, or has been removed or bypassed. Discontinued water service shall not be resumed until conditions at the consumer=s premises have been

82

abated or corrected to the satisfaction of the water purveyor and/or superintendent.

D. Upon discovery of a violation of this Code, written notice shall be given to the consumer. If violations are not corrected by date and time as stated on notice, water supply will be discontinued and the violation will be referred to the Water Commission for further action.

E. For the purpose of making any inspections or discharging the duties imposed by this article, water purveyor and/or the City of Norfork, the Health Department, and/or plumbing inspector shall have the right to enter upon the premises of any consumer. Each consumer, as a condition of the continued delivery to his premises of water from the public water supply, shall be considered as having stated his consent to the entry upon his premises of the water purveyor and/or superintendent, the health department, and/or plumbing inspector for the purpose stated herein. (Ord. No. 94-08, Sec. 1.8.)

10.12.06 Ownership The City Water System will provide its customers with the hose bib vacuum breakers required for each consumer. The consumer shall purchase, own and maintain all backflow-prevention devices installed at the point of delivery to the consumer=s water system.

(Ord. No. 94-08, Sec. 1.9.)

10.12.07 Installation and costs Customers of the city water division requiring backflow-prevention devices will pay all costs associated with installation of the appropriate size and type of device under private contract, with the exception of the hose bib vacuum breakers. New installations shall be completed prior to the Afinal@ plumbing inspection so that device can be included as part of inspection. Devices shall be installed above ground in a location that is readily accessible for maintenance and testing and should be located not less than 12" above ground, or more than 30". (Ord. No. 94-08, Sec. 1.10.)

10.12.08 Testing and maintenance The consumer will be responsible for the annual testing of the backflow-prevention assembly by contract with a certified backflow assembly tester. The consumer will annually furnish water purveyor and/or city with a certificate of such satisfactory testing by the anniversary date of the installation of the assembly. In instances where the water purveyor, city and/or the plumbing inspector deems the hazard to be great enough, testing may be required at more frequent intervals, costs of which would be borne by consumer. Any maintenance fees required as a result of inspections or testing shall be paid by consumer through private contract. Records of inspections, testing or repairs shall be kept by the water purveyor and/or city and made available to the Health Department. (Ord. No. 94-08, Sec. 1.11)

83

CHAPTER 10.16

WELLHEAD PROTECTION

Sections:

10.16.01 Short title and purpose

10.16.02 Definitions

10.16.03 Establishment of wellhead protection zone

10.16.04 Permitted uses

10.16.05 Prohibited uses

10.16.06 Administration

10.16.01 Short title and purpose This ordinance shall be known as the AWellhead Protection Ordinaince.@ the purpose of this ordinance is to insure the provision of a safe and sanitary drinking water supply for the city of Norfork by the establishment of wellhead protection zones surrounding the wellheads for all wells which are the supply sources for the city water system and by the designation and regulation of property uses and conditions which may be maintained within such zones. (Ord. No. 97-04, Sec. 1.)

10.16.02 Definitions When used in this ordinance the following words and phrases shall have the meanings given in this section:

Hazardous waste or material - any waste or material which because of its quantity, concentration or physical, chemical or infectious characteristics may

A. Cause or significatly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or

B. Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of or otherwise managed

Sanitary landfill - A disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land placing earth cover thereon

Wellhead - the upper terminal of a well, including ports, seals, valves and other

Regulatory agency - Any governmental agency with jurisdiction over hazardous waste as defined herein. (Ord. No. 97-04, Sec. 2.)

84

10.16.03 Establishment of wellhead protection zone There is hereby established a use district to be known as a wellhead protection zone, identified and described as all the area within a circle the center of which is the center of any city water supply wellhead and the radius of which is 1320 feet, or any part thereof which the city has jurisdiction. (Ord. No. 97-4, Sec. 3.)

10.16.04 Permitted uses The following uses shall be permitted within wellhead protection zones.

A. Any use permitted within existing agricultural, single family residential, multi- family residential, and commercial districts so long as uses conform to the rules and regulations of the regulatory agencies.

B. Any other open land use where any building located on the property is incidental and accessory to the primary land use. (Ord. No. 97-4, Sec. 4.)

10.16.05 Prohibited uses The following uses or conditions shall be and are hereby prohibited within wellhead protection zones, whether or not such use or conditions may otherwise be ordinarily included as a part of a use permitted under Section 4 of the ordinance unless such uses are approved or permitted by State and Federal Regulatory Agencies:

A. Surface use or storage of hazardous material, including commercial use of agricultural pesticides:

B. Septic tanks or drain fields appurtenant thereto;

C. Impervious surfaces other than roofs of buildings, and streets, parking lots, driveways and walks serving buildings permitted under Section 4 of this ordinance;

D. Sanitary landfills;

E. Hazardous waste disposal sites;

F. Storm water infiltration basins;

G. Underground storage tanks;

H. Sanitary sewer lines within 100 feet of a wellhead;

(Ord. No. 97-5, Sec. 5.)

10.16.06 Administration The policies and procedures for administration of any wellhead protection zone established under this ordinance, including without limitation those applicable to non-conforming uses, exceptions, enforcement and penalties, shall be the same as provided in the existing zoning ordinance for the city of Norfork, as the same is presently enacted or may from time to time be amended. (Ord. No. 97-5, Sec. 6.)

85

S-15

CHAPTER 10.20

WATER AND SEWER BONDS

Sections:

10.20.01 Water and sewer bonds by reference

10.20.01 Water and sewer bonds by reference

Ord. No. 2008-7

Authorizing the acquisition and construction of improvements to the sewer facilities of the city of Norfork, Arkansas; authorizing the issuance of water and sewer revenue bonds for the purpose of financing a portion of the cost of the construction; providing for the payment of the principal and interest on the bonds; prescribing other matter relating thereto.

Ord. No. 2009-9

The offer of the government of par for $1,000,000 in principal amount of bonds is hereby accepted, and the bonds are hereby sold to the government. The Mayor is authorized and directed to make timely written request to the government that the bond bear interest at the lower of the prevailing government interest rate at the time of loan approval (3.50% per annum) or the prevailing government interest rate at the time the bonds are issued.

CHAPTER 10.24

IDENTITY THEFT PREVENTION PROGRAM

Sections:

10.24.01 Title

10.24.02 Purpose

10.24.03 Definitions

10.24.04 Findings

85.1

S-15

10.24.05 Process of establishing a covered account

10.24.06 Access to covered account information

10.24.07 Credit card payments

10.24.08 Sources and types of red flags

10.24.09 Prevention and mitigation of identity theft

10.24.10 Updating the program

10.24.11 Program administration

10.24.12 Outside service providers

10.24.01 Title This article shall be known as the Identity Theft Prevention Program. (Ord. No. 2009-5, Sec. 1.)

10.24.02 Purpose The purpose of this article is to comply with 16 CFR 681.2 in order to detect, prevent and mitigate identity theft by identifying and detecting identity theft red flags and by responding to such red flags in a manner that will prevent identity theft. (Ord. No. 2009-5, Sec. 2.)

10.24.03 Definitions For purposes of this article, the following definitions apply:

City means the city of Norfork.

Covered account means

A. An account that a financial institution or creditor offers or maintains, primarily for personal, family, or household purposes, that involves or is designed to permit multiple payments or transactions, such as a credit card account, mortgage loan, automobile loan, margin account, cell phone account, utility account, checking account, or savings account; and

B. Any other account that the financial institution or creditor offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the financial institution or creditor from identity theft, including financial, operational, compliance, reputation, or litigation risks.

Credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debts and defer its payment or to purchase property or services and defer payment therefore.

Creditor means any person who regularly extends, renews, or continues credit; any person who regularly arranges for the extension, renewal, or continuation of credit; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit and includes utility companies and telecommunications companies.

85.2

S-15

Customer means a person that has a covered account with a creditor.

Identity theft means a fraud committed or attempted using identifying information of another person without authority.

Person means a natural person, a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association.

Personal Identifying Information means a person’s credit card account information, debit card information bank account information and drivers’ license information and for a natural person includes their social security number, mother’s birth name, and date of birth.

Red flag means a pattern, practice, or specific activity that indicates the possible existence of identity theft.

Service provider means a person that provides a service directly to the city.

(Ord. No. 2009-5, Sec. 3.)

10.24.04 Findings

A. The city is a creditor pursuant to 16 CFR 681.2 due to its provision of maintenance of covered accounts for which payment is made in arrears.

B. Covered accounts offered to customers for the provision of city services include water, sewer, and garbage collection.

C. The city has no previous experience with identity theft related to covered accounts.

D. The processes of opening a new covered account, restoring an existing covered account, making payments on such accounts, and closing such accounts have been identified as potential processes in which identity theft could occur.

E. The city limits access to personal identifying information to those employees responsible for or otherwise involved in opening or restoring covered accounts or accepting payment for use of covered accounts. Information provided to such employees is entered directly into the city’s computer system and is not otherwise recorded.

F. The city determines that there is a low risk of identity theft occurring in the following ways:

85.3

S-15

a. Use by an applicant of another person’s personal identifying information to establish a new covered account;

b. Use of a previous customer’s personal identifying information by another person in an effort to have service restored in the previous customer’s name;

c. Use of another person’s credit card, bank account, or other method of payment by a customer to pay such customer’s covered account or accounts;

d. Use by a customer desiring to restore such customer’s covered account of another person’s credit card, bank account, or other method of payment. (Ord. No. 2009-5, Sec. 4.)

10.24.05 Process of establishing a covered account

A. As a precondition to opening a covered account in the city, each applicant shall provide the city with personal identifying information of the customer required, two forms of identification one of which contains a photograph of the customer, or for customers who are not natural persons, a photograph of the customer’s agent opening the account. Such information shall be entered directly into the city’s computer system and shall not otherwise be recorded.

B. Each account shall be assigned an account number which shall be unique to that account. The city may utilize computer software to randomly generate assigned account numbers. (Ord. No. 2009-5, Sec. 5.)

10.24.06 Access to covered account information

A. Access to customer accounts shall be password-protected and shall be limited to authorized city personnel.

B. Such password(s) shall be changed by the Water Clerk on a regular basis, shall be at least eight (8) characters in length and shall contain letters, numbers and symbols.

C. Any unauthorized access to or other breach of customer accounts is to be reported immediately to the Mayor and the password changed immediately.

85.4

S-15

D. Personal identifying information included in customer accounts is considered confidential and any request or demand for such information shall be immediately forwarded to the Mayor and the City Attorney. (Ord. No. 2009-5, Sec. 6.)

10.24.07 Credit card payments

A. In the event that credit card/bank draft payments that are made over the internet are processed through a third party service provider, such third party service provider shall certify that it has an adequate identity theft prevention program in place that is applicable to such payments.

B. All credit card/bank draft payments made over internet shall be entered directly into the customer’s account information in the computer data base.

C. Account statements and receipts for covered accounts shall include only the last four digits of the credit or debit card or the bank account used for payment of the covered account. (Ord. No. 2009-5, Sec. 7.)

10.24.08 Sources and types of red flags All employees responsible for or involved in the process of opening a covered account, restoring a covered account or accepting payment for a covered account shall check for red flags as indicators of possible identity theft and such red flags may include:

A. Alerts from consumer reporting agencies, fraud detection agencies or service providers Examples of alerts include, but are not limited to:

1. A fraud or active duty alert that is included with a consumer report;

2. A notice of credit freeze in response to a request for a consumer report;

3. A notice of address discrepancy provided by a consumer reporting agency;

4. Indications of a pattern of activity in a consumer report that is inconsistent with the history and usual pattern of activity of an applicant or customer, such as:

a. A recent and significant increase in the volume of inquiries;

b. An unusual number of recently established credit relationships;

85.5

S-15

c. A material change in the use of credit, especially with respect to recently established credit relationships; or

d. An account that was closed for cause or identified for abuse of account privileges by a financial institution or creditor.

B. Suspicious documents Examples of suspicious documents include:

1. Documents provided for identification that appear to be altered or forged;

2. Identification on which the photograph or physical description is inconsistent with the appearance of the applicant or customer;

3. Identification on which the information is inconsistent with information provided by the applicant or customer;

4. Identification on which the information is inconsistent with readily accessible information that is on file with the financial institution or creditor, such as a signature card or a recent check; or

5. An application that appears to have been altered or forged, or appears to have been destroyed and reassembled.

C. Suspicious personal identification, such as suspicious address change Examples of suspicious identifying information include:

1. Personal identifying information that is inconsistent with external information sources used by the financial institution or creditor. For example:

a. The address does not match any address in the consumer report; or

b. The Social Security Number (SSN) has not been issued, or is listed on the Social Security Administration’s Death Master File.

2. Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer, such as a lack of correlation between the SSN range and date of birth.

85.6

S-15

3. Personal identifying information or a phone number, or address, is associated with known fraudulent applications or activities, as indicated by internal or third-party sources used by the financial institution or creditor.

4. Other information provided, such as fictitious mailing address, mail drop addresses, jail addresses, invalid phone numbers, pager numbers or answering services, is associated with fraudulent activity.

5. The address or telephone number provided is the same as or similar to the account number or telephone number submitted by an unusually large number of applicants or customers.

6. The applicant or customer fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete.

7. Personal identifying information is not consistent with personal identifying information that is on file with the financial institution or creditor.

8. The applicant or customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report.

D. Unusual use of or suspicious activity relating to a covered account Examples of suspicious activity include:

1. Shortly following the notice of a change of address for an account, city receives a request for the addition of authorized users on the account.

2. A new revolving credit account is used in a manner commonly associated with known patterns of fraud patterns. For example: The customer fails to make the first payment or makes an initial payment but no subsequent payments.

3. An account is used in a manner that is not consistent with established patterns of activity on the account. There is, for example:

a. Non-payment when there is no history of late or missed payments;

b. A material change in purchasing or spending patterns.

85.7

S-15

4. An account that has been inactive for a long period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors).

5. Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer’s account.

6. The city is notified that the customer is not receiving paper account statements.

7. The city is notified of unauthorized charges or transactions in connection with a customer’s account.

8. The city is notified by a customer, law enforcement or another person that it has opened a fraudulent account for a person engaged in identity theft.

E. Notice from customers, law enforcement, victims or other reliable sources regarding possible identity theft or phishing relating to covered accounts

(Ord. No. 2009-5, Sec. 8.)

10.24.09 Prevention and mitigation of identity theft

A. In the event that any city employee responsible for or involved in restoring an existing covered account or accepting payment for a covered account becomes aware of red flags indicating possible identity theft with respect to existing covered accounts, such employee shall use his or her discretion to determine whether such red flag or combination of red flags suggests a threat of identity theft. If, in his or her discretion, such employee determines that identity theft of attempted identity theft is likely or probable, such employee shall immediately report such red flags to the Mayor. If, in his or her discretion, such employee deems that identity theft is unlikely or that reliable information is

available to reconcile red flags, the employee shall convey this information to the Recorder/Treasurer, who may in his or her discretion determine that no further action is necessary. If the Recorder/Treasurer in his or her discretion, determines that further action is necessary, a city employee shall perform one or more of the following responses, as determined to be appropriate by the Mayor:

1. Contact the customer;

85.8

S-15

2. Make the following changes to the account if after contacting the customer it is apparent that someone other than the customer has accessed the customer’s covered account:

a. Change any account numbers, passwords, security codes, or other security devices that permit access to an account; or

b. Close the account.

3. Cease attempts to collect additional charges from the customer and decline to sell the customer’s account to a debt collector in the event that the customer’s account has been accessed without authorization and such access has caused additional charges to accrue;

4. Notify law enforcement in the event that someone other than the customer has accessed the customer’s account causing additional charges to accrue or accessing personal identifying information; or

5. Take other appropriate action to prevent or mitigate identity theft.

B. In the event that any city employee responsible for or involved in opening a new covered account becomes aware of red flags indicating possible identity theft with respect an application for a new account, such employee shall use his or her discretion to determine whether such red flag or combination of red flags suggests a threat of identity theft. If, in his or her discretion, such employee determines that identity theft or attempted identity theft is likely or probable, such employee shall immediately report such red flags to the Mayor. If, in his or her discretion,

such employee deems that identity theft is unlikely or that reliable information is available to reconcile red flags, the employee shall convey this information to the Recorder/Treasurer who may, in his or her discretion, determine that no further action is necessary. If the Recorder/Treasurer, in his or her discretion, determines that further action is necessary, a city employee shall perform one or more of the following responses, as determined to be appropriate by the Mayor:

1. Request additional identifying information from the applicant;

2. Deny the application for the new account;

3. Notify law enforcement of possible identity theft; or

85.9

S-15

4. Take other appropriate action to prevent or mitigate identity theft.

(Ord. No. 2009-5, Sec. 9.)

10.24.10 Updating the program The City Council shall annually review and, as deemed necessary by the Council, update the Identity Theft Prevention Program along with any relevant red flags in order to reflect changes in risks to customers or to the safety and soundness of the city and its covered accounts from identity theft. In so doing, the City Council shall consider the following factors and exercise its discretion in amending the program:

A. The city’s experiences with identity theft;

B. Updates in methods of identity theft;

C. Updates in customary methods used to detect, prevent, and mitigate identity theft;

D. Updates in the types of accounts that the city offers or maintains; and

E. Updates in service provider arrangements.

(Ord. No. 2009-5, Sec. 10.)

10.24.11 Program administration The Mayor is responsible for oversight of the program and for program implementation. The Recorder/Treasurer is responsible for reviewing reports prepared by staff regarding compliance with red flag requirements and with recommending material changes to the program, as necessary in the opinion of the Mayor, to address changing identity theft risks and to identify new or discontinued types of covered accounts. Any recommended material changes to the program shall be submitted to the City Council for consideration by the Council.

A. The Water Clerk will report to the Recorder/Treasurer at least annually on compliance with the red flag requirements. The report will address material matters related to the program and evaluate issued such as:

1. The effectiveness of the policies and procedures of city in addressing the risk of identity theft in connection with the opening of covered accounts and with respect to existing covered accounts;

2. Service provider arrangements;

3. Significant incidents involving identity theft and management’s response; and

85.10

S-15

4. Recommendations for material changes to the program.

B. The Water Clerk is responsible for providing training to all employees responsible for or involved in opening a new covered account, restoring an existing covered account or accepting payment for a covered account with respect to the implementation and requirements of the Identity Theft Prevention Program. The Water Clerk shall exercise his or her discretion in determining the amount and substance of training necessary. (Ord. No. 2009-5, Sec. 11.)

10.24.12 Outside service providers In the event that the city engages a service provider to perform an activity in connection with one or more covered accounts, the Water Clerk shall exercise his or her discretion in reviewing such arrangements in order to ensure, to the best of his or her ability, that the service provider’s activities are conducted in accordance with policies and procedures, agreed upon by contract, that are designed to detect any red flags that may arise in the performance of the service provider’s activities and take appropriate steps to prevent or mitigate identity theft. (Ord. No. 2009-5, Sec. 12.)

A. Pursuant to 16 CFR 681.1, the purpose of this ordinance is to establish a process by which the city will be able to form a reasonable belief that a consumer report relates to the consumer about whom it has requested a consumer credit report when the city has received a notice of address discrepancy.

B. Definitions For purposes of this article, the following definitions apply:

Notice of address discrepancy means a notice sent to a user by a consumer reporting agency pursuant to 15 U.S.C. 1681©(h)(1), that informs the user of a substantial difference between the address for the consumer that the user provided to request the consumer report and the address(es) in the agency’s file for the consumer.

City means city of Norfork, Arkansas.

C. Policy In the event that the city receives a notice of address discrepancy, the city employee responsible for verifying consumer addresses for the purpose of providing the municipal service or account sought by the consumer shall perform one or more of the following activities, as determined to be appropriate by such employee:

1. Information the city maintains in its own records, such as applications for service, change of address notices, other customer account records or tax records; or

85.11

S-15

2. Information the city obtains from third-party sources that are deemed reliable by the relevant city employee; or

D. Furnishing consumer’s address to Consumer Reporting Agency

1. In the event that the city reasonably confirms that an address provided by a consumer to the city is accurate, the city is required to provide such address to the consumer reporting agency from which the city received a notice of address discrepancy with respect to such consumer. This information is required to be provided to the consumer reporting agency when:

a. The city is able to form a reasonable belief that the consumer report relates to the consumer about whom the city requested the report;

b. The city establishes a continuing relation with the consumer; and

c. The city regularly and in the ordinary course of business provides information to the consumer reporting agency from which it received the notice of address discrepancy.

2. Such information shall be provided to the consumer reporting agency as part of the information regularly provided by the city to such agency for the reporting period in which the city establishes a relationship with the customer.

E. Methods of confirming consumer addresses The city employee charged with confirming consumer addresses may, in his or her discretion, confirm the accuracy of an address through one or more of the following methods:

1. Verifying the address with the consumer;

2. Reviewing the city’s records to verify the consumer’s address;

3. Verifying the address through third party sources; or

4. Using other reasonable processes.

(Ord. No. 2009-5, Sec. 13.)

85.12

S-13

TITLE 11

BUILDINGS AND CONSTRUCTION

Chapters:

11.04 Building Permit

11.08 Plumbing Code

11.12 Electrical Code

11.16 Fire Prevention Code

11.20 Condemned Structures

11.24 Building Code

11.28 Standards for Dwelling Occupancy

CHAPTER 11.04

BUILDING PERMIT

Sections:

11.04.01 Required

11.04.02 Application

11.04.03 Fees

11.04.04 Issuance

11.04.05 Penalty

11.04.06 Permanent structure requirements

11.04.01 Required The owner of any land situated within the incorporated limits of the city of Norfork, shall neither construct nor allow construction or placement, on such land, of any building or structure of a type set forth in the sub-paragraphs (a) through (c) below, without having obtained a building permit from the city of Norfork for such construction. The aforementioned permit will likewise be required in event of addition to such structures.

A. Single-family residence.

B. Multiple-family residence.

C. Any permanent building in which, or from which, any business, commercial enterprise, or manufacturing process is to be conducted, or which is to be used for related storage or warehousing purposes.

D. Any mobile home or manufactured home.

E. Any accessory structures (Accessory structures to be defined, but not limits to, garages, carports, porches, or decks.)

F. Portable structures. (Ord. No. 99-02, Sec. 1.)

G. Fences (Ord. No. 2007-6, Sec. 1.)

86

S-13

11.04.02 Application The application for any building permit by this chapter will be submitted by the land owner concerned to the City Clerk of Norfork at City Hall, and shall contain at a minimum the following:

A. Name, mailing address, and telephone number of the applicant;

B. Type building to be constructed or repaired (as listed in Section 11.04.01

of this chapter);

C. Location of the building site (street and legal description);

D. Outside dimensions of the proposed building or addition;

E. Construction materials to be used for the foundation, floor, and exterior

walls;

F. Manner in which the proposed building will be anchored to the foundation;

G. Height of the first floor level above the ground level, as measured from

the highest point of the ground level:

1. Prior to any grading or leveling - Flood Plain Only

2. After grading and leveling; - Flood Plain Only

H. Date on which construction is proposed to begin.

I. Estimated time of completion

(Ord. No. 89-03, Sec. 2.)

J. Attach a survey or plat of the property showing outside dimensions of the building, location of building on property owned, include setbacks from all property boundaries. The survey or plat should also show the location of the septic, septic, or sewer lines and water well, if applicable. (Ord. No. 2007-6, Sec. 2.)

K. Attach a copy of Sewage Disposal System Permit application approved by the Health Department. (Ord. No. 2007-6, Sec. 3.)

11.04.03 Fees The following permit fees will be charged for each permit issued. Payment of said amount will accompany each permit application submitted, with such payment to be refunded in event the application is denied.

87

S-14

BUILDING PERMIT FEES, NEW STRUCTURES AND NEW ADDITIONS

$1 - $10,000 .......................................... $12.00

$10,001 - $20,000 .......................................... $24.00

$20,001 - $35,000 .......................................... $38.00

$35,001 - $50,000 .......................................... $48.00

$50,001 - $65,000 .......................................... $60.00

$65,001 - $80,000 .......................................... $72.00

$80,001 - $100,000 ......................................... $100.00

(Ord. No. 89-3, Sec. 3.)

$100,000 plus projects = 1% of the building cost

Add an additional 50% to all commercial (50% goes to the state).

(Ord. No. 2007-6, Sec. 3.)

11.04.04 Issuance The Building Inspector will approve all building permit applications for structures that comply with all city zoning ordinances. He may approve and defer the signing of non-inhabited structures to the Mayor or Planning Commission Chairman to expedite them. building that are intended for human habitation and/or commercial use must be approved by the Building Inspector, the PC Chairman and/or the Mayor. In each case the permit shall be granted unless found to be in violation of any flood zone ordinance or other ordinance heretofore or hereinafter adopted by the city. (Ord. No. 2008-5, Sec. 1.)

Any building permit issued under the provisions of this chapter will remain valid only if begun within 90 days and completed within one year, and become void if construction has not begun within that period, or unless it is renewed within that period.(Ord. No. 89-3, Sec. 4.)

11.04.05 Penalty Any person receiving written notification from the city of Norfork that he is in violation of the provisions of this ordinance shall have a period of (30) thirty days following his receipt of such notice in which to effect compliance, or otherwise will upon conviction be subject to a fine of no more than $10.00 per day for so long as he remains in violation. (Ord. No. 89-3, Sec. 5.)

11.04.06 Permanent structure requirements

A. 10foot setback from all property lines.

88

S-13

B. Portable buildings require a 5 foot setback from all property lines.

C. Fences may be put on property lines but must have the finished side facing away from the property.

D. All residential structures shall have a minimum dimension of all sides of 20 feet.

(Ord. No. 2007-6, Sec. 4.)

CHAPTER 11.08

PLUMBING CODE

Sections:

11.08.01 Adopted

11.08.02 Enforcement

11.08.03 Appeal

11.08.04 Inspection fee

11.08.01 Adopted That there is hereby adopted by the city of Norfork, Arkansas, that certain code known as the Arkansas State Plumbing Code, being particularly the Arkansas State

Plumbing Code of 2003 edition as amended thereof, and the whole thereof of which not less than three (3) copies have been and are now on file in the office of the Recorder/Treasurer of the city of Norfork, Arkansas, the same having been opened to and available for public inspection as set forth in notice by publication thereof, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date upon which the ordinance shall take effect, the provisions thereof shall be controlling within the corporate limits of the city of Norfork, Arkansas. (Ord. No. 2007-6, Sec. 6.)

11.08.02 Enforcement That in all instances where said code refers to an enforcing officer or official, the same shall be the Plumbing Inspector of the city of Norfork, Arkansas, or his designated representative or officer. (Ord. No. 2007-6, Sec. 7.)

11.08.03 Appeal That in all provisions concerning appeal from the decision of the enforcing officer or official, the Board of Appeals of said code shall be the Planning Commission of the city of Norfork, Arkansas.

89

S-13

11.08.04 Inspection fee The Plumbing Inspection fees are as follows:

Inspection fee $20.00

Call back fee $10.00

CHAPTER 11.12

ELECTRICAL CODE

Sections:

11.12.01 Adoption of Electrical Code

11.12.02 Appointment of the Building Inspector

11.12.03 Duties

11.12.04 Inspection

11.12.05 Standards

11.12.06 Licensing of electricians

11.12.07 License to individual

11.12.08 Inspection fee

11.12.01 Adoption of Electrical Code There is hereby adopted for the city for the purpose of establishing rules and regulations for the construction, alteration, removal and maintenance of electric wiring and apparatus, including permits and penalties, that certain electrical code known as the National Electrical Code of the National Fire Protection Association, of which not less than three (3) copies have been and are now filed in the office of the Recorder/Treasurer of the city of Norfork, Arkansas, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date this chapter takes effect, the provisions shall be controlling in the construction, alteration, maintenance or removal of all electric wiring and apparatus within the corporate limits of the city.

11.12.02 Appointment of the Building Inspector The Building Inspector is responsible for administering this code and shall be appointed by the Mayor and approved by a majority of the City Council.

11.12.03 Duties He shall have the duty and is hereby authorized, empowered and directed to regulate and determine the placing of electric wires and other appliances for electric lights, heat or power in the city and to cause all such wires, appliances, or apparatus to be placed, constructed and guarded so as not to cause fires or accidents, endangering life or property, and to be constructed so as to keep to a minimum the loss or waste of electric current.

90

S-13

It shall be his duty to enforce all provisions of this chapter and he is hereby granted the authority to enter all buildings in the city in the performance of his duties at any reasonable hour.

It shall be his duty to inspect and/or test all electrical work and equipment or apparatus for compliance with the code. Whenever electric wiring, appliances or apparatus shall be defective or hazardous through improper manufacture or improper or insufficient insulation or for any other reason, he shall at once cause the removal of such defect or defects, at the expense of the owners of such wiring, appliance or apparatus.

11.12.04 Inspection Upon the completion of the wiring, installation or alteration of any building or structure for light, heat, power, appliance or apparatus, it shall be the duty of the person, firm or corporation having direct charge of such to notify the Building Inspector who shall, as early as possible, inspect such wiring, installation, appliance and apparatus and if installed, altered and constructed in compliance with the permit and in accordance with the regulations of this chapter, he shall execute a certificate of satisfactory inspection, which shall contain the date of such inspection and the result of his examination, but no such certificate shall

be issued unless such electric wiring, motors, heating devices, appliances and apparatus be in strict accord with the rules and requirements and the spirit of this chapter, nor shall current be turned on to such installation, equipment, appliance, motor, heat devices and apparatus until said certificate be issued. The amount of fee or charge to be made for such inspections and certificates is to be fixed and determined by the City Council.

11.12.05 Standards All electrical construction, all materials, appliances, motors, heating devices, and apparatus used in connection with electrical work and the operation of all electrical apparatus within the city shall conform to the rules and requirements of the National Electrical Code current when work is performed or equipment and apparatus installed; however, the necessity, good service and said results often require larger sizes of wire, more branch circuits and better types of equipment than the minimum which is specified in the National Electrical Code. Therefore, the Building Inspector supervising the enforcement of this code will have the responsibility and authority for making interpretations of the rules, for deciding upon the approval of equipment, materials, construction and for granting the special permission contemplated in a number of the rules and he, where necessary, shall follow the code procedure for securing official interpretations of the code.

11.12.06 Licensing of electricians Any person, firm or corporation desiring to engage in the business construction or of the installation of wiring and apparatus for electric lights, appliances, heating or power in the city shall provide the City clerk with a copy their state Electrical License once each year. The City Clerk will maintain a file which is to be updated each year. (Ord. No. 2007-6, Sec. 9.)

91

S-13

11.12.07 License to individual Property owners desiring to perform their own electrical work personally shall be subject to inspection for new construction and additions. (Ord. No. 2007-6, Sec. 13.)

11.12.08 Electrical Inspection The Electrical Inspection fees are as follows:

Inspection fee $20.00

Call back $10.00

CHAPTER 11.16

FIRE PREVENTION CODE

Sections:

11.16.01 Adoption of Fire Prevention Code

11.16.02 Enforcement

11.16.03 Establishment of districts in which storage of flammable liquids in

outside above ground tanks, bulk storage of liquefied petroleum

gases and storage of explosives and blasting agents is to be

restricted

11.16.04 Modifications

11.16.05 Appeals

11.16.06 Penalties

11.16.01 Adoption of fire prevention code There is hereby adopted by the city of Norfork, Arkansas, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Standard Fire Prevention Code, of which code not less than three (3) copies have been and are now filed in the office of the Recorder/Treasurer and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the municipality.

11.16.02 Enforcement The code hereby adopted shall be enforced by the Chief of the Fire Department of the municipality.

92

S-12

11.16.03 Establishment of districts in which storage of flammable liquids in outside above ground tanks, bulk storage of liquefied petroleum gases and storage of explosives and blasting agents is to be restricted The limits referred to in Section 73 of the code hereby adopted in which storage of flammable liquids in outside above ground tanks is prohibited, the limits referred to in Section 103 of the code hereby adopted, in which bulk storage of liquefied petroleum gas is restricted, and the limits referred to in Section 53 B of the code hereby adopted, in which storage of explosives and blasting agents is prohibited, are hereby established as follows:

A. The area designated on the "Official Zoning Map" of the municipality as the Central Business District;

B. Within fifteen hundred (1500) feet of any building structure in any built up area

within the corporate limits of the municipality.

With the exception of outside above ground tanks for the storage of flammable liquids or for the bulk storage of liquefied petroleum gases having been located in such designated areas prior to the adopting date of this ordinance; provided, however, that the Norfork Fire Protection District Chief shall inspect such facilities and issue a letter of "Modification" as hereinafter set forth in Section 11.16.04. (Ord. No. 06-8, Sec. 1.)

11.16.04 Modifications The Norfork Fire Protection District Chief shall have the power to modify any of the provisions of the code hereby adopted upon application, in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decisions of the Norfork Fire Protection District Chief thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. (Ord. No. 06-8, Sec. 1.)

11.16.05 Appeals Whenever the Norfork Fire Protection District Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Norfork Fire Protection District Chief to the governing body of the municipality within thirty (30) days from the date of the decision appealed. (Ord. No. 06-8, Sec. 1.)

11.16.06 Penalties Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the governing body of the municipality or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than Twenty-Five

93

S-9

Dollars ($25.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than three (3) days nor more than thirty (30) days or by both such fine and imprisonment. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violation or defect within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

CHAPTER 11.20

CONDEMNED STRUCTURES

Sections:

11.20.01 Unlawful

11.20.02 Condemnation required

11.20.03 Description of property, reason for condemnation

11.20.04 Notice

11.20.05 Removal

11.20.06 Duties of Building Inspector

11.20.07 Proceeds of sale

11.20.08 Enforcement of lien

11.20.09 Penalty

11.20.10 Judicial condemnation, penalty, previous sections applicable

11.20.01 Unlawful That is shall be and it is hereby declared to be unlawful for any person or persons, partnership, corporation or association to own, keep or maintain any house, building and/or structure within the corporate limits of the city of Norfork, Arkansas, which constitutes a nuisance and which is found and declared to be a nuisance by resolution of the City Council.

11.20.02 Condemnation required Prior to the consideration of a resolution by the City Council, declaring any house, building and/or structure as a nuisance, the owner(s) and any mortgagee(s) or lien holder(s) of such house, building, and/or structure shall be mailed written notification of the date, time, and place that the City Council will consider said resolution, in addition, said notice shall inform the owner(s) and/or mortgagee(s) or lien holder(s) of the right to be heard at the City Council meeting on the proposed resolution declaring such house, building, and/or structure to be a nuisance. That any such house, building, and/or structure which is found and declared to be a nuisance by resolution of the City Council will be condemned to insure the removal thereof as herein provided. (Ord. No. 03-9, Sec. 1.)

94

S-9

11.20.03 Description of property, reason for condemnation That the resolution of the City Council condemning any house, building and/or structure which constitutes a nuisance will include in said resolution an adequate description of the house, building and/or structure, the name or names, if known, of the owner or owners thereof and shall set forth the reason or reasons said house, building and/or structure is or has been condemned as a nuisance.

11.20.04 Notice After a house, building and/or structure has been found and declared to be a nuisance and condemned by resolution as herein provided, a true or certified copy of said resolution will be mailed to the owner(s) and any mortgagee(s) or lean holder(s) or owner(s) thereof, if the whereabouts of said owner or owners and any mortgagee(s) or lean holder(s) be known or their last known address be known, and a copy thereof shall be posted in

a conspicuous place on said house, building and/or structure. Provided, that if the owner or owners and any mortgagee(s) or lean holder(s) of said house, building and/or structure be unknown, the posting of the copy of said resolution as hereinabove provided will suffice as notice. (Ord. No. 03-9, Sec. 2.)

11.20.05 Removal If the house, building and/or structure constituting a nuisance has not been torn down and removed or said nuisance otherwise abated within thirty (30) days after posting the true copy of the resolution at a conspicuous place on said house, building and/or structure constituting the nuisance, it will be torn down and/or removed by the Building Inspector or his duly designated representative.

11.20.06 Duties of Building Inspector The Building Inspector or any other person or persons designated by him to tear down and remove any such house, building and/or structure constituting a nuisance will insure the removal thereof and dispose of the same in such a manner as deemed appropriate in the circumstances and to that end may, if the same have a substantial value, sell said house, building and/or structure, or any saleable material thereof, by public sale to the highest bidder for cash, ten (10) days' notice thereof being first given by one publication in some newspaper having a general circulation in the city, to insure its removal and the abatement of the nuisance.

11.20.07 Proceeds of sale All the proceeds of the sale of any such house, building and/or structure, or the proceeds of the sale of saleable materials therefrom and all fines collected from the provisions of this ordinance shall be paid by the person or persons collecting the same to the General Fund. If any such house, building and/or structure, or the saleable materials therefrom be sold for an amount which exceeds all costs incidental to the abatement of the nuisance (including the cleaning up of the premises) by the City of Norfork, Arkansas, plus any fine or fines imposed, the balance thereof will be returned by the Recorder/Treasurer to the former owner or owners of such house, building and/or structure constituting the nuisance.

95

S-9

11.20.08 Enforcement of lien If the city has any net costs in removal of any house, building and/or structure, the city shall have a lien on the property as provided by Section 1 of Act 8 of 1983. The lien may be enforced in either one of the following manners:

A. The lien may be enforced at any time within eighteen (18) months after work has been done, by an action in the Circuit Court; or

B. The amount of the lien herein provided may be determined at a hearing before the governing body of the municipality held after thirty (30) days' written notice by certified mail to the owner or owners of the property, if the name and whereabouts of the owner or owners be known, and if the name of the owner or owners cannot be determined, then only after publication of notice of such hearing in a newspaper having a bona fide circulation in the county wherein the said property is located for one (1) insertion per week for four (4) consecutive weeks, the determination of said governing body being subject to appeal by the property owner in the Circuit Court, and the amount so determined at said hearing, plus ten percent (10%) penalty for collection, shall be by the governing body of the municipality certified to the tax collector of the county wherein said municipality is located, and by him placed on the tax books as delinquent taxes, and collected accordingly, and the amount, less three percent (3%) thereof, when so collected shall be paid to the municipality by the County Tax Collector. (Ord. No. 03-9, Sec. 3.)

11.20.09 Penalty A fine of Fifty Dollars ($50.00) is hereby imposed against the owner or owners of any house, building and/or structure found and declared to be a nuisance by resolution of the City Council of the city of Norfork, Arkansas, thirty (30) days after the same has been so found and declared to be a nuisance and for each day thereafter said nuisance be not abated constitutes a separate and distinct offense punishable by a fine of Fifty Dollars ($50.00) for each said separate and distinct offense, provided the notice as herein provided in Section 11.24.04 hereof has been given within ten (10) days after said house, building and/or structure has been by resolution found and declared to be a nuisance.

11.20.10 Judicial condemnation, penalty, previous sections applicable In the event it is deemed advisable by the City Council of the city of Norfork, Arkansas, that a particular house, building and/or structure be judicially declared to be a nuisance by a court having jurisdiction of such matters, the City Council is hereby authorized to employ an attorney to bring such an action for said purpose in the name of the city, and the only notice to be given to the owner or owners of any such house, building and/or structure sought to be judicially declared to be a nuisance will be that as now provided for by law in such cases in a court of equity or Chancery Court. When any such house, building and/or structure has been declared judicially to be a nuisance by a court of

96

S-9

competent jurisdiction, a fine of Fifty Dollars ($50.00) is hereby imposed against the owner or owners thereof from the date said finding is made by the court and for each day thereafter said nuisance be not abated constitutes a separate and distinct offense punishable by a fine of Fifty Dollars ($50.00) for each separate and distinct offense. In the event the owner or owners of any such house, building and/or structure judicially found to be a nuisance fails or refuses to abide by the orders of the court, the Building Inspector or any other person or persons referred to in Section 11.24.06 of this ordinance will take such action as provided in Section 11.24.06 hereof, and Section 11.24.07 of this ordinance will be applicable to such owner or owners. The provisions contained in the immediately preceding sentences apply independently of any action as may be taken by the court judicially declaring the nuisance.

96.1

S-16

CHAPTER 11.24

BUILDING CODE

Sections:

11.24.01 Adoption of Building Code

11.24.02 Establishment of office of Building Inspector

11.24.03 Qualifications of Building Inspector

11.24.04 Duties of Building Inspector

11.24.05 Liability

11.24.06 Right of entry

11.24.07 Definition

11.24.08 Permanent structures

11.24.09 Recreational vehicles

11.24.01 Adoption of Building Code There is hereby adopted by the City Council of the city of Norfork, Arkansas, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the "International Building Code", of which not less than three (3) copies have been and are now filed in the office of the Recorder/Treasurer and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the corporate limits of the city. (Ord. No. 2007-6, Sec. 14.)

11.24.02 Establishment of office of Building Inspector

A. The office of the Building Inspector is hereby created.

B. The Building Inspector shall be appointed by the Mayor. His appointment shall continue during good behavior and satisfactory service. He shall not be removed from office except for cause after full opportunity has been given him to be heard on specific charges.

C. During temporary absence or disability of the Building Inspector, the Mayor shall designate an acting Building Inspector.

11.24.03 Qualifications of Building Inspector He shall be in good health, physically capable of making the necessary examinations and inspections. He shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process or device

97

S-10

entering into or used in or connected with building construction, alteration, removal and demolition.

11.24.04 Duties of Building Inspector

A. He shall receive applications required by this code, issue permits and furnish the prescribed certificates. He shall examine the premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. He shall enforce all provisions of the Building Code. He shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the Building Code and render written reports on the same. To enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate existing facilities in buildings and structures, he shall issue such notices or orders as may be necessary.

B. Inspections required under the provisions of the Building Code shall be made by the Building Inspector or his duly appointed assistant. The Building Inspector may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the Building Code shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service.

C. The Building Official shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspections made or reports rendered and of notices or orders issued.

D. All such records shall be open to the public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the Building Inspector without his written consent.

E. The Building Inspector shall make written reports to his immediate superior once each month, or more often if requested, including statements of permits and certificates issued, and orders promulgated.

11.24.05 Liability Any officer or employee of the city of Norfork, Arkansas, or member of the Board of Adjustments and Appeals, charged with the enforcement of this code, acting for the city in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought

98

S-16

against any officer or employee because of such act performed by him in the enforcement of any provision of this code shall be defended by the City Attorney or legal representative of the city.

11.24.06 Right of entry The Building Inspector, in the discharge of his official duties, and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour.

11.24.07 Definition Whenever the term "Corporation Counsel" is used in the Building Code, it shall be held to mean the City Attorney or other attorney acting for the city.

11.24.08 Permanent structures

A. Permanent structures that are moved will be subject to the same fees and inspections as new construction. See fees 11.04.03.

B. Pre-built additions to homes such as parts of another house or storage shed except those specifically built for that purpose is not allowed.

11.24.09 Recreational vehicles Recreational vehicles will not be permitted to connect to the city water/sewer service on a permanent basis. This is only permitted when a building permit has been issued for construction of new homes. This does not include connections in designated recreational vehicle parks.

CHAPTER 11.28

STANDARDS FOR DWELLING OCCUPANCY

Sections:

11.28.01 Requirements

11.28.02 Sanitary facilities required

11.28.03 Water supply

11.28.04 Trash and garbage pickup service

11.28.05 Violation

99

S-13

11.28.01 Requirements Except as otherwise provided no person shall occupy as owner or let or sublet to another person for occupancy, any dwelling designated or intended to be used for the purpose of living, sleeping, or eating therein which does not comply with the requirements of this ordinance or related ordinances. (Ord. No. 2007-12, Sec. 1.)

11.28.02 Sanitary facilities required Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower and a water closet all in good working condition and properly connected to an approved water and sewer system. Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions, and otherwise meet or comply with all state and local building codes applicable to this use. (Ord. No. 2007-12, Sec. 2.)

11.28.03 Water supply Every dwelling unit shall have connected to the kitchen sink, lavatory, and tub or shower an adequate supply of water. All water must be supplied through an approved pipe distribution system connected to an approved potable water supply, and otherwise meet or comply with all state and local building codes applicable to this use. If water supply is shut off due to non-payment, the occupant must vacate the property within ten (100 days of the shut off. (Ord. No. 2007-12, Sec. 3.)

11.28.04 Trash and garbage pickup service Every dwelling unit shall subscribe to the garbage disposal service with the city of Norfork or a private company under contract to provide service for the city as required by Norfork city Ord. No. 99-6 already in force. (Ord. No. 2007-12, Sec. 4.)

11.28.05 Violation Any violation of this ordinance shall constitute a misdemeanor and be punishable by a fine of a sum not to exceed Twenty-Five Dollars ($25.00). Each day that the violation occurs, shall be a separate offense. (Ord. No. 2007-12, Sec. 5.)

99.1

S-12

TITLE 12

PARKS AND RECREATION

(Reserved)

100

S-10

TITLE 13

PLANNING

Chapters:

13.04 Planning Commission

CHAPTER 13.04

PLANNING COMMISSION

Sections:

13.04.01 Commission created

13.04.02 Duties

13.04.03 Members appointed

13.04.04 Terms

13.04.05 Powers and duties

13.04.01 Commission created. There is hereby created a Commission of the city of Norfork, Arkansas, to be known as the "Norfork Planning Commission", which said Commission shall consist of a minimum of five (5) members who shall serve without compensation and of whom not more than one-third may hold any other municipal office or appointment. (Ord. No. 89-02, Sec. 1.)

13.04.02 Duties The Planning Commission shall have all the duties and functions authorized by Act 186 of the Acts of Arkansas 1957, as amended. (Ord. No. 89-02, Sec. 2.)

13.04.03 Members appointed The members of the Planning Commission shall be named and appointed by the Mayor and his appointments will be valid and effective upon confirmation by the City Council. (Ord. No. 89-02, Sec. 3.)

13.04.04 Terms The members of said City Planning Commission shall each be appointed for a term of (5) five years commencing with anniversary date of said appointment, provided that the members of said Commission first appointed on the enactment of this ordinance: (1) one member shall be appointed initially for a term of (5) five years, (1) one member shall be appointed initially for a term of (4) four year, (1) one member shall be appointed initially for a term of (3) three years, (1) one member shall be appointed initially for a term of (2) two years, and (1) one member shall be appointed initially for a term of (1) one year. The Mayor, if he deems it necessary, may dismiss any member of the Commission who misses more than (2) two

102

consecutive regular meetings of the said Commission. When the term of any member shall expire or occur, the Mayor shall make a nomination to the City Council to fill such vacancy. (Ord. No. 89-02, Sec. 4.)

13.04.05 Powers and duties. The Commission is vested with all the powers and duties prescribed and set forth in Sections 19-2825 - 19-2833 of the Arkansas Statutes.

STATE LAW REFERENCE - See A.C.A. 14-56-402, 404 and 410.

103

S-16

TITLE 14

ZONING

Chapters:

14.04 Zoning Ordinance Adopted By Reference

14.08 Flood Damage Prevention Program

14.12 Cellular Towers

14.16 Annexation, Vacating and Re-Zoning by Reference

14.20 Manufactured Homes

14.24 Signs and Billboards

CHAPTER 14.04

ZONING ORDINANCE ADOPTED BY REFERENCE

Sections:

14.04.01 Zoning ordinance adopted by reference

14.04.02 Amendments

14.04.01 Zoning ordinance adopted by reference The zoning regulations for the city of Norfork, Arkansas adopted by it on November 8, 1995, after public hearing held November 6, 1995, are hereby adopted. Three copies of the zoning regulations above referred to are on file in the office of the Recorder/Treasurer and are available for public inspection. (Ord. No. 95-6.)

14.04.02 Amendments

Ord. No. 2004-5

Section 06.01.02B, 3^rd paragraph, third line should read "…Arkansas Statute 19-2029 by the Building Official; and in…

Section 07.04.00 B, 2^nd and 3^rd lines should read "…take necessary action to correct it, the Building Official shall notify Council of the violation: said…"

Section 06.01.01 Planning Commission, Sub-section A (5), should be omitted and the following substituted. "The members of said City Planning Commission shall each be appointed for a term of (5) five years commencing with anniversary date of said appointment, provided that the

104

S-14

members of said Commission first appointed on the enactment of the ordinance: (1) one member shall be appointed initially for a term of (5) years, (1) one member shall be appointed initially for a term of (4) four years, (1) one member shall be appointed initially for a term of (3) three years, (1) one member shall be appointed initially for a term of (2) two years, and (1) one members shall e appointed initially for a term of (1) one year."

Section 06.01.02 (C) (2) should read "A quorum shall consist of a minimum of 51% of the entire Commission membership…"

Section 06.01.02 (C) (4) should read "… shall require a majority vote of the Commission membership.

Section 06.01.02 (G)(3) should read "by majority vote of Commission membership."

Any and all verbiage in this ordinance in conflict with this amendment shall be changed to read "by majority vote of Commission membership."

Ord. No. 2008-9

Insert a new item numbered “G: and change the current “G” to “H.”

(G) Short Term Rentals. Short Term Rentals consist of the following:

1. Hotels

2. Motels

3. Lodges

4. Resorts

5. Houses rented for less than 30 consecutive days per customer.

Short Term Rental shall be restricted to B1 zoned areas.

Add the term Short Term Rentals to the list of definitions in Ord. No. 95-6. The term Short Term Rental shall mean: houses, housing units or rooms rented to transient guests, guests that rent for less than 30 consecutive days per customer.

104.1

S-16

CHAPTER 14.08

FLOOD DAMAGE PREVENTION PROGRAM

Sections;

14.08.01 Statutory authority

14.08.02 Findings of fact

14.08.03 Statement of purpose

14.08.04 Lands to which this ordinance applies

14.08.05 Methods of reducing flood losses

14.08.06 Flood Damage Prevention Code adopted by reference

14.08.07 Abrogation and greater restrictions

14.08.08 Interpretation

14.08.09 Warning and disclaimer of liability

14.08.10 Compliance

14.08.11 Penalty for non-compliance

14.08.01 Statutory authority The Legislature of the state of Arkansas has in A.C.A. 14-268-101, et seq., delegated the responsibility of local governmental units to adopt regulations to minimize flood losses. Therefore, the City Council of Norfork, Arkansas, does hereby ordain as follows. (Ord. No. 2010-8, Sec. 1.)

14.08.02 Finding of fact

A. The Federal Emergency Management Agency (FEMA) has identified Special Flood Hazard Areas of Norfork, Arkansas, in the current scientific and engineering report entitled “The Flood Insurance Study (FIS) for Baxter County, Arkansas, and incorporated areas, dated revised: December 3, 2010, with an effective Flood Insurance Rate Map (FIRM) dates revised: December 3, 2010.

B. These Special Flood Hazard Areas are subject to periodic flooding events that result in loss of life and property, pose health and safety hazards, disrupt commerce and governmental services, and cause extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.

C. These periodic flooding events are exacerbated by the cumulative effect of floodplain developments which cause an increase in flood heights and velocities, and by the placement of inadequately elevated, inadequately flood proofed or otherwise unprotected structures or uses vulnerable to floods into Special Flood

104.2

S-16

Hazard Areas. Such structures or uses are inherently hazardous to other lands because of their adverse impact on flooding events. (Ord. No. 2010-8, Sec. 2.)

14.08.03 Statement of purpose The purpose of this ordinance is to promote the public health, safety and general welfare, to prevent adverse impacts from any floodplain development activities, and to minimize public and private losses due to flooding events in identified Special Flood Hazard Areas. This ordinance advances the stated purpose through provisions designed to:

A. Protect human life and health;

B. Protect natural floodplains against unwise development;

C. Eliminate adverse impacts of necessary floodplain development;

D. Minimize expenditure of public monies on flood control projects;

E. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

F. Minimize prolonged business interruptions due to flooding events;

G. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in Special Flood Hazard Areas;

H. Minimize future flood blight areas to help maintain a stable tax base; and

I. Provide for notice to potential buyers when property is in a Special Flood Hazard Area. (Ord. No. 2010-8, Sec. 3.)

14.08.04 Lands to which this ordinance applies The ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction of the city of Norfork, Arkansas. (Ord. No. 2010-8, Sec. 4.)

14.08.05 Methods of reducing flood losses This ordinance uses the following methods to accomplish the stated purpose:

A. This ordinance restricts or prohibits structures or uses in Special Flood Hazard Areas that adversely impact health, safety or property during flooding events;

104.3

S-16

B. This ordinance requires protection against flood damage for structures or uses vulnerable to floods at the time of initial construction, or after substantial improvement of the structure, or after substantial damage has occurred;

C. This ordinance controls the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation and transport of flood waters;

D. This ordinance controls floodplain development (structural development, placement of manufactured structures, clearing, grading, mining, drilling, dredging, placement of fill, excavating, watercourse alteration, drainage improvements, roadway or bridge construction, individual water or sewer installations and other activities) which may increase flood damage by increasing flood elevations, flood water velocities, or flood discharge patterns;

E. This ordinance regulates the construction of flood barriers which unnaturally divert floodwaters or which may adversely impact other lands. (Ord. No. 2010-8, Sec. 5.)

14.08.06 Flood Damage Prevention Code adopted by reference There is hereby adopted by reference a Flood Damage Prevention Code for city of Norfork, Arkansas, dated October 19, 2010. The code shall include:

ARTICLE 1 DEFINITIONS

ARTICLE 2 ADMINISTRATION

ARTICKE 3 PROVISIONS FOR FLOOD HAZARD REDUCTION

A copy of the referenced code shall be filed in the office of the City Clerk and shall be available for inspection and copying by any person during normal office hours. (Ord. No. 2010-8, Sec. 6.)

14.08.07 Abrogation and greater restrictions This ordinance does not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Whenever there is a conflict or overlap between this ordinance and another ordinance, easement, covenant, or deed restriction, the instrument with the more stringent restrictions applies. (Ord. No. 2010-8, Sec. 7.)

14.08.08 Interpretation In the interpretation and application of this ordinance, all provisions must:

A. Be considered as minimum requirements;

104.4

S-16

B. Be liberally construed in favor of the governing body; and

C. Be deemed to neither limit nor repeal any other powers granted under state statutes. (Ord. No. 2010-8, Sec. 8.)

14.08.09 Warning and disclaimer of liability The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes. Documented scientific and engineering data form the basis for these requirements. On rare occasions, flooding events greater than those considered for this ordinance will occur. In addition, flood heights may increase over time due to man-made or natural causes. This ordinance does not imply that land outside Special Flood Hazard Areas will be free from flooding, nor that strict adherence to this ordinance protects uses permitted within Special Flood Hazard Areas from all flood damages. This ordinance specifically does not create liability on the part of the community, nor any official or employee of the community, for any flood damages that result while strictly following this ordinance, or from any lawful administrative decision made under the provisions of this ordinance. (Ord. No. 2010-8, Sec. 9.)

14.08.10 Compliance Constructing, locating, substantially altering or changing the use of any structure or land after the effective date of this ordinance requires full compliance with the provisions of this ordinance and all other applicable regulations. (Ord. No. 2010-8, Sec. 10.)

14.08.11 Penalty for non-compliance Flood hazards are reduced by compliance with the provisions of this code. Accordingly, enforcement of this ordinance discourages non-compliance and is a recognized mechanism for flood hazard reduction.

A. The Floodplain Administrator must enforce the provisions of this ordinance and is authorized to:

1. Issue cease and desist orders on non-compliant floodplain development projects;

2. Issue citations for non-compliance;

3. Request that FEMA file a 1316 Action (Denial of Flood Insurance) against non-compliant properties; and

4. Take any other lawful action necessary to prevent or remedy any instance of non-compliance with the provisions of this ordinance.

B. It is a misdemeanor to violate or fail to comply with any provision of this ordinance.

104.5

S-16

C. Any person found, in a court of competent jurisdiction, guilty of violating this ordinance is subject to fines of not more than Five Hundred Dollars ($500.00) per day for each violation. In addition, the defendant is subject to payment of all associated court costs and costs involved in the case. (Ord. No. 2010-8, Sec. 11.)

CHAPTER 14.12

CELLULAR TOWERS

Sections:

14.12.01 Location

14.12.02 Effect

14.12.01 Location No cellular towers will be located within the city of Norfork until such time as the Comprehensive Development Plan and new Development Regulations for the city are prepared and adopted. (Ord. No. 2000-06, Sec. 1.)

14.12.02 Effect This restriction shall be in effect until the comprehensive Plan and Zoning Ordinance are adopted, or until 90 days following the adoption of this ordinance, whichever date occurs first. (Ord. No. 2000-06, Sec. 2.)

CHAPTER 14.16

ANNEXATION, VACATING AND REZONING BY REFERENCE

Sections:

14.16.01 Annexation of property

14.16.02 Vacating of property

14.16.03 Re-zoning of property

105

S-15

14.16.01 Annexation of property

Ord. No. 40 All of the west half (W1/4) Northwest quarter of Section 21

Ord. No. 48 NW 1/4 SE 1/4 SE 1/4, of Section 21

SW 1/4 of Section 22

SE 1/4 of Section 27

E 1/4 E 2 SE 1/4 of Section 28

NE 1/4 of Section 33, all in Township 18 North, Range 12 West

Ord. No. 66 West half (½) Northwest quarter of Section 21

Ord. No. 88-05 Fractional section 17 and 20, Township 18 North, Range 12

Ord. No. 88-06 Fraction 1/4 of Section 17

Ord. No. 88-07 Southwest fraction 1/4 of Section 17

Ord. No. 94-04 SE 1/4, NE 1/4 and SE 1/4 fractional Section 16

Ord. No. 2001-9 Part of SW ¼, Sec 27, Twp 18 N, Range 12 West

Part of NE ¼, Sec. 33, Twp 18 N, Range 12 West

1.6 acres of SE ¼ Sec. 28, Twp 18 N, Range 12 West

Part of NW ¼, Sec. 27, Twp 18 N, Range 12 West

NE ¼ Sec 21, Twp 18 N, Range 12 West

Ord. No. 2009-4 NW ¼ of Sec. 21, Twp 18 N, Range 12 West

SW ¼ of Sec. 16, Twp 18 N, Range 12 West

Parts of Sec. 17, 18 & 19, Twp 18 N, Range 12 West

14.16.02 Vacating of property

Ord. No. 53 Portion of old Main Street between Lot w and Lot 5

Portion of Chastain Avenue between Block 20 and Block 21

Ord. No. 83-6 Lot 147 along the North line of Cunningham Avenue

Ord. No. 95-2 Abutting Lots 21,20,17,18 and 19 of River Meadows Subdivision

14.16.03 Re-zoning of property

Ord. No. 2002-5 From HR-1 to R-2 East ½ Lots 106 & 107 of Norfork Addition

Ord. No. 2003-15 From R-1 to MR-1 City property on both sides of St. Hwy 177

Ord. No. 2004-6 From B-1 to R-2 Property between Hwy 5 to Blue Water Lane

Ord. No. 2004-10 From R-1 to MR-1 Blocks 18, 19, 20, 21, 22 and 29-38.

Ord. No. 2005-4 From R-1 to R-2 Properties within boundaries of Hwy 5, Wolf Ave.

to No. Fork River Rd.

Ord. No. 2007-17 From H-1 to B-1 Lots 135, 136, 137, 138, and 139 in Norfork Add.

Ord. No. 2008-11 From R-1 to MR1 Part of NE ¼ of Sec. 21, Twp 18 N, Range 12 West

105.1

S-16

CHAPTER 14.20

MANUFACTURED HOMES

Sections:

14.20.01 Manufactured Home Residential

14.20.02 Additional requirements

14.20.03 Fine

14.20.01 Manufactured Home Residential

A. The M-R1 Zoning is established to permit and encourage the development of single-family manufactured home subdivisions, or the placement of manufactured homes on individual lots in a suitable environment.

B. Area requirements

1. Minimum lot area: 7,500 square feet.

2. Minimum lot width: 75 feet at the front property line.

3. Front yard: 30 foot setback from the property line.

4. Side and back yards: 10 foot setback from the property line.

5. Side and back yard, street: 25 foot setback from the property line.

6. Side and back yard, alley: 25 foot setback from the center of the alley.

7. No more than fifty percent (50%) of the ground’s surface may be covered by buildings or hard surface materials.

C. Maintenance requirements

1. All roofing materials shall be secure without gaps or damages shingles.

2. All windows shall be operative without broken panes or damaged trim or screening.

3. All exterior siding and skirting shall be in place and undamaged. No dented, torn, burnt, loose or mildewed siding shall be allowed.

4. All kitchen and bathroom facilities shall be fully operational and all mechanical equipment shall be in good working order.

5. Any attached gutters shall be secure and functional.

6. All cornice materials shall be in place and undamaged.

7. Paint shall be uniform and unblemished.

105.2

S-16

8. Doors shall be plumb and fully operational. No damaged screening or door fixtures shall be allowed.

9. All flooring shall be structurally undamaged, and secure. Holes in the flooring or flooring that is missing, dented, broken, or in a state of damage or decay will not be allowed.

D. All manufactured homes shall have the tongue of the trailer removed.

E. No manufactured homes may be placed in any Special Flood Hazard Area (SFHA) within the city of Norfork, Arkansas.

F. All manufactured homes must meet all applicable federal safety standards in force in 1980 and prior years. (Ord. No. 2010-3, Sec. 1.)

14.20.02 Additional requirements

A. All units shall have a minimum dimension of all sides of 20 feet.

B. All units shall have an approved underpinning and/or skirting system and meet all state tie-down requirements.

C. New units constructed shall have siding materials compatible with other units within 200 feet. Unless specifically approved by the Planning Commission.

D. All units shall have the front door oriented toward the front yard.

E. All units shall have a covered front landing of at least six (6) feet by six (6) feet and oriented to the front yard. (Ord. No. 2010-3, Sec. 2.)

14.20.03 Fine Any person receiving written notice from the city of Norfork that he is in violation of the provisions of this ordinance shall have a period of thirty (30) days following his receipt of such notice in which to effect compliance, or otherwise will upon conviction be subject to a fine of no more than Ten Dollars ($10.00) per day for so long as he remains in violation. (Ord. No. 2010-3, Sec. 3.)

105.3

S-16

CHAPTER 14.24

SIGNS AND BILLBOARDS

Sections:

14.24.01 Definitions

14.24.02 Regulation of signs

14.24.03 Fine

14.24.01 Definitions

Abandoned sign means a sign no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, or for which no legal owner can be found.

Awning sign means the use of an awning attached to a building for advertisement, identification, or promotional purpose, provided that only that portion of the awning which bears graphics, symbols and/or written copy shall be construed as being a sign.

Billboard means an outdoor advertised sign or poster panel which advertises products, businesses, and/or services not connected with the site on which the sign is located, and which sign is a substantial permanent structure with display services of a type which are customarily leased for commercial purposes.

Building Official as defined by the Uniform Building Code or his designated representative and/or the Building Inspector.

Changeable copy sign means a sign whose information content can be changed or altered (without changes of altering the sign frame, sign supports or electrical parts) by manual or electric. A sign on which the message changes more than eight (8) times within a day is considered an electronic message sign.

Directional sign means a single-faced or double-faced sign not exceeding two (2) feet x three (3) feet (six sq. ft.) in surface area per side designed to guide or direct pedestrian or vehicular traffic to an area, place, or convenience on the premises upon which the sign is located, i.e., entrance and exit signed and/or other similarly worded signs when used for the sole purpose of controlling mobile and pedestrian traffic.

105.4

S-16

Portable sign means any sign not permanently attached to the ground or other permanent structure, including but not limited to signs with attached wheels and those converted to A or T frame structure. (Ord. No. 2010-2, Sec. 2.)

14.24.02 Regulation of signs All signs hereafter erected on any lot in any zoning district, except official, traffic and street signs, shall conform to the provisions of this ordinance, unless otherwise provided.

General restrictions Unless provided in this code, the following regulations shall apply to signs in all zoning districts.

A. Portable non-flashing signs whether lighted or unlighted, may be placed on a ninety (90) day non-renewable permit in any commercial or industrial zone subject to the following:

1. A permit shall be obtained from the City Clerk subject to payment of a permit fee of Twenty-Five Dollars ($25.00).

2. The sign shall observe a minimum ten (10) foot setback from any curb or edge or pavement, but in no case shall the sign be placed beyond the property line.

3. Any sign remaining after ninety (90) days shall comply with Zoning Ord. No. _____ as amended, city of Norfork. Any signs non-conforming after said date shall be subject to removal by the city.

B. No sign shall be erected as to prevent free ingress and egress from any door, window, or fire escape, and no sign of any kind shall be attached to a standpipe or fire escape.

C. No sign shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision, or at any location where, by reason of position it may interfere with or obstruct the view of traffic sign lines or traffic control devices. If located within direct line of vision of a traffic control device, no flashing or intermittent red, green or amber illumination shall be used.

D. Any sign affixed flat against the wall of a building at not more than fifteen (15) inches in thickness shall not be deemed a projecting sign. Projecting signs may extend not more than forty-eight (48) inches beyond the building line or over public property, in no event closer than two (2) feet to the curb line and shall be at least ten (10) feet above the finished grade of the sidewalk. Wall signs shall not

105.5

S-16

extend more than fifteen (15) inches over public property; however, lighting devices may extend not more than six (6) feet over public property provided the lowest part of such device is a least fifteen (15) feet above the finished grade.

E. Business and advertising signs are required to observe the same setback (25 feet), side yard and height limitation as provided for the other buildings or structure in the zoned district, provided that where drive-in service or parking facilities are provided, one (1) business sign not exceeding forty-five (45) sq. ft. in area may be erected in any required setback area if it is not located nearer to the street or highway right-of-way line more than one-half (½) the required setback, not to exceed fifty (50) feet.

F. The illumination of any sign within fifty (50) feet of and facing a residential zone lot line shall be diffused or indirect and designated to prevent direct rays of light from shining into adjoining residential district, and in no event shall flashing or intermittent illumination be permitted where the sign faces directly into and is nearer than three hundred (300) feet to dwellings in a residential district.

G. Directional or information signs of a public or quasi-public nature not exceeding six (6) square feet in area may be permitted in any district on approval of the Building Inspector. Any illumination shall be non-flashing, uncolored and confined to the face of the sign. No advertising matter whatsoever shall be permitted on signs of this type.

H. Temporary signs indicating an event of public interest such as a state or local fair, cattle or horse show, etc. may be erected in a thirty (30) day non-renewable permit in any zone on approval of the Building Inspector.

I. Political signs may be placed on private property with the owner’s permission no earlier than sixty (60) days prior to primary, general or special elections and must be removed within seventy-two (72) hours following the election. The owner of the property shall be responsible for removal.

J. Wherever a sign become structurally unsafe or endangers the safety of a building or premises, or endangers the public safety, the Building Inspector shall give written notice to the owner of the sign or the owner of the premises on which the sign is located that such sign be made safe or removed within ten (10) days.

K. Any business or outdoor advertising sign legally existing prior to the adoption of this code and which does not conform to these provisions shall not be altered, or changed in over-all dimensions, except to conform to the provision of this code.

105.6

S-16

If damaged to an extent in excess of one-half (½) of its current replacement value, it shall not be rebuilt, provided that nothing contained herein shall be construed to prevent normal maintenance and repairs repainting or posting of such signs or structure. Nothing in this section shall require the taking, elimination, alteration or diminishment of a legally erected outdoor advertising sign without first making the payment of just monetary compensation thereof.

L. Unless otherwise provided in these regulations, all sign shall be constructed and erected in accordance with the Building Code for the city of Norfork, Arkansas.

M. Billboards are prohibited in all zoning districts.

(Ord. No. 2010-2, Sec. 3.)

14.24.03 Fine If the city finds that a sign has been abandoned, or is structurally, materially or electrically defective or is otherwise in violating of this ordinance, the city shall issue a written order to the sign owner and the owner of the real property upon which the sign is situated. The order shall specify the sections of the ordinance violated and set a deadline of twenty-one (21) days from the date of the order in which to correct the alleged violation or to file and appeal.

Failure to comply within twenty-one (21) days shall be subject to prosecution in the local courts and upon convictions, shall be subject to a fine of not less than Ten Dollars ($10.00) but not more than Five Hundred Dollars ($500.00) for each day that the violation continues. Each day that the violation continues will constitute a separate offense. (Ord. No. 2010-2, Sec. 5.)

105.7

S-4

TITLE 15

SUBDIVISION REGULATIONS

Chapters:

15.04 Minimum Standards and Regulations for Subdivision Development

CHAPTER 15.04

MINIMUM STANDARDS AND REGULATIONS FOR SUBDIVISION DEVELOPMENT

Sections:

15.04.01 Minimum standards

15.04.01 Minimum standards The City Council of the city of Norfork, Arkansas, feels it would be in the best interest of the city and the public to adopt this Minimum Standards and Regulations for Subdivision Development ordinance as set forth in the three copies filed in the City Clerk=s office, and shall be adopted by reference. As set forth in the Handbook for Municipal Officials, reference 14-55-207. (Ord. No. 2000-10, Sec. 1.)

106

SUPPLEMENT NO 1

CODE OF ORDINANCES

CITY OF NORFORK

Remove Old Page Insert New Page

61 61

77 77

86 86

88 88

July 2, 1999

SUPPLEMENT NO. 2

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

Municipal Officials Municipal Officials

33 33

34 34

47 47

104 104

105 105

105.1

March 16, 2000

SUPPLEMENT NO. 3

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

8 8

16 16

16.1

38 38

40 40

105 105

July 24, 2000

SUPPLEMENT NO. 4

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

Municipal Officials 1

15 15

18 18

19 19

20 20

31 31

49 49

49.1

61 61

64 64

65

78 78

106 106

December 8, 2000

SUPPLEMENT NO. 5

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

23 23

77 77

78 78

79 79

June 5, 2001

SUPPLEMENT NO. 6

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

24 24

66 66

66.1

66.2

October 4, 2001

SUPPLEMENT NO. 7

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

46 46

47 47

48

49 49

49.1 49.1

49.2

77 77

78 78

79 79

105.1 105.1

February 5, 2002

SUPPLEMENT NO. 8

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

20 20

63 63

64 64

65

78 78

79 79

79.1

104 104

105 105

105.1 105.1

March 26, 2003

SUPPLEMENT NO. 9

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

8 8

11 11

13 13

20 20

33 33

34 34

34.1

35 35

45.1

45.2

45.3

94 94

95 95

96 96

96.1

104 104

105.1 105.1

105.2

105.3

January 2004

SUPPLEMENT NO. 10

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

33 33

34.1 34.1

66 66

70 70

97 97

98 98

99 99

102 102

104 104

104.1

105.1 105.1

April 2005

SUPPLEMENT NO. 11

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

8 8

19 19

20 20

21.1

22 22

32 32 – 32.4

77.1

78 78

105.1 105.1

April 2006

SUPPLEMENT NO. 12

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

8 8

14 14

15 15

33 33

34.2

34.3

54 54

58 58

59 59

60

77 77

77.1 77.1

78 78

79 79

79.1 79.1

93 93

100 100

101

Index Index

February 2007

SUPPLEMENT NO. 13

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

8 8

13 13

16 16

16.1 16.1

43 43

44 44

44.1

47 47

49.3-49.6

54 54

59 59

64 64

86-92 86-92

97 97

99 99

99.1

105.1 105.1

105.2 105.2

Index Index

February 2008

SUPPLEMENT NO. 14

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

14 14

15 15

16 16

71 71

79 79

79.1 79.1

79.2

85.1

88 88

104.1 104.1

104.2

105.1 105.1

Index – 2 pages Index – 2 pages

February 2009

SUPPLEMENT NO. 15

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

16.1 16.1

33 33

34.3 34.3

34.4

54 54

59 59

60

71 71

85.1 85.1

85.2 – 85.12

105.1 105.1

Index Index

February 2010

SUPPLEMENT NO. 16

CODE OF ORDINANCES

CITY OF

NORFORK, ARKANSAS

Remove Old Page Insert New Page

9 9

13 13

46 46

49.7

Title 6 Title 6

97 97

99 99

104 104

104.2 104.2

104.3

104.4

104.5

105 105

105.2 105.2

105.3 105.3

105.4

105.5

105.6

105.7

Send electronic copy

January 2011