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 AND FOWL 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
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
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
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
SINGLE TRANSACTION 3.08 34
SOCIAL SECURITY COVERAGE 2.12 10
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,
2
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
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
7
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
STATE LAW REFERENCE - See
A.C.A. 14-37-105
8
CHAPTER 2.08
CITY AND WARD BOUNDARIES
Sections:
2.08.01
Map of city
2.08.02 Division into Wards
2.08.01 Map of city. The boundaries and limits of the City of
2.08.02
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. Ward 1.
Porterfield Estates, Norfork Village and 1st
Addition, Norfork Village 4th 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 of same
filed in the office of the County Clerk of Baxter County, Arkansas.
B. Ward 2.
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 1/4, NW 1/3 of Section
28-18-12 in Baxter County, City of
Norfork, Arkansas, as the same are shown and
designated on the plats of same filed
in the office of the County Clerk of Baxter County, Arkansas.
C. Ward 3.
Hwy 5 South to city limit, Gregory Street, Hale Street, Rebel Lane, Morrison Street, Hwy 177 South to city
limit, Mildred Simpson Drive in Baxter county, City
of Norfork, Arkansas, as the same are shown and
designated on the plats of same filed
in the office of the County Clerk of Baxter county, Arkansas.
(Ord. No. 94-02, 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
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.)
CHAPTER 2.16
UNCLAIMED PROPERTY
Sections:
2.16.01
Disposal
2.16.02
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
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
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
2.24.02 Election. On the Tuesday
following the first Monday in November, 1978 and
12
S-13
very four (4) years thereafter, the qualified voters of
the city of
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
2.24.04 Appointment of officers. The Mayor
shall appoint, with the approval of the City Council of the city of
2.24.05 Salary. The City
Council of Norfork,
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
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
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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.)
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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
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
All
monies collected by the levy of this fine shall be used solely to help defray
the cost of incarcerating city of
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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
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,
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
A. Equal
Opportunity Employer. The City of
B. At-Will
Employer. The City of
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
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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
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.
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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
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
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
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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
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.
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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
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
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
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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
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
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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
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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
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
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
23
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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
I. Resignation/Termination.
1. Employees desiring to terminate their
employment relationship with the City
of
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
2.48.04 Standards of Conduct.
A. Conduct
Towards The Public.
1. Employees
of the City of
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
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
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.
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
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
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
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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.
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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
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
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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
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
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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
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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
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
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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
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TITLE 3
FISCAL
AFFAIRS
Chapters:
3.04
Purchases
3.08 Single Transaction
3.12 Fixed Assets
3.16 Cash Management Trust Program
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
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.
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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
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.
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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
34.1
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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
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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. 06-10, 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. 06-10, Sec. 5.)
34.3
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TITLE 4
BUSINESS
LICENSES AND REGULATIONS
Chapters:
4.04
Electric Franchise
4.08 Gas
Franchise
4.12 Telephone
Franchise
4.16
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
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
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
4.04.06 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.
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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
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.)
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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
40
cannot provide natural gas service hereunder without the
services of the Proposed NOARK Pipeline System.
Therefore, the City of
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
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CHAPTER 4.16
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
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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
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.)
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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.)
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
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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
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
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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
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
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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
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
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
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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
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
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
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
49.1
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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
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
49.2
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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
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
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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
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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 30th
and October 15th . (Ord. No. 2007-15, Sec. 4.)
49.5
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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
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
TITLE 6
ANIMALS
AND FOWL
Chapters:
6.04 Dogs
6.08 Other
Animals and Fowl
CHAPTER 6.04
DOGS
Sections:
6.04.01 Fine
6.04.02 Impounding
6.04.03 Release
of impounded dog
6.04.04 Running at large
6.04.05 Vaccination
6.04.06 Fine
6.04.07 Kennels
6.04.08 Hydrophobia
6.04.09 Barking of dogs
6.04.01 Fine
Every person owning and/or keeping a dog within the city limits of Norfork, Arkansas, without having first complied with the
provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction
shall be fined not less than $5.00 nor more than
$25.00. (Ord. No. 32, Sec. 4.)
6.04.02 Impounding It shall be the duty of the Marshal of the city of Norfork,
to catch and impound any dog found running at large within the city of Norfork, Arkansas, on which the tax provided in Section 1
hereof has not been paid or in violation of Section 2 and/or Section 3 (b)
hereof. Dogs impounded by the Marshal
under the provisions of this ordinance shall be kept impounded for a period of
three (3) days, and if the tax provided for by this ordinance has not been paid
within said three (3) days period, said Marshal shall kill the dog and dispose
of its carcass. Dogs are taken to Pet
Haven and have fees according to their fees. (Ord. No. 32, Sec. 5.)
6.04.03 Release of impounded dog To secure the release of a dog from impoundment, the
tax imposed by this ordinance shall be paid and in addition thereto the Marshal
shall be paid, by the person seeking release of a dog from impoundment, the sum
of .25 cents per dog for each day said dog has been impounded. (Ord. No. 32, Sec. 6.)
50
6.04.04 Running at large It shall be unlawful for the owner, keeper, or
custodian of any dog within the City of Norfork,
Arkansas to permit same to run at large.
(Ord. No. 91-02, Sec. 1.)
6.04.05 Vaccination The owner, keeper, or custodian of any dog over the age of six (6)
months within the city limits of the City of Norfork,
Arkansas shall cause said dog to be vaccinated for rabies; and shall, at all
times, be able to furnish satisfactory proof of such vaccination upon such
request of the Humane Officer. (Ord. No. 91-02, Sec. 2.)
6.04.06 Fine
The person or persons violating the terms of this ordinance shall be deemed
guilty of a misdemeanor and subject to a fine of not less than $10.00 per
animal or more than $40.00 per animal, and each day=s violation of this ordinance shall be and constitute
a separate offense. (Ord.
No. 91-02, Sec. 3.)
6.04.07 Kennels, etc. Any person
owning, maintaining or operating commercial kennels or dog breeding
establishments where dogs are kept confined on the premises of such kennels or
establishments or on leash, shall pay an annual license fee of Five Dollars
($5.00), said tax to be paid to the Recorder/Treasurer of the City of Norfork, Arkansas, on the 30th day of April of each year or
within thirty (30) days after the commencement of operation of such commercial
kennel or breeding establishment.
6.04.08 Hydrophobia. In the event
of the prevalence of hydrophobia to such an extent as in the discretion of the
City of Norfork, Arkansas, makes such action
advisable, said city may by proclamation require that all dogs owned, kept or
harbored in the city be kept confined upon the premises of the owners, keepers
or harborers of such dogs for such time as may be
designated in such proclamation, and such proclamation to take effect upon
publication thereof by such city in a newspaper having a general and bona fide
circulation in the City of Norfork, Arkansas, and any
dog not so confined after the effective date of such proclamation shall be
taken up by such city and disposed of.
6.04.09 Barking of dogs. No person
shall own, keep or harbor any dog which by loud frequent or habitual barking,
howling or yelping shall annoy or disturb any neighborhood.
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CHAPTER 6.08
OTHER
ANIMALS AND FOWL
Sections:
6.08.01 Horses
and cows
6.08.02 Hogs,
goats and sheep
6.08.03 Swine
6.08.04 Diseased animals
6.08.05 Releasing
animals
6.08.06 Fowl
6.08.07 Cruelty
to animals
6.08.01 Horses and cows.
A. It
shall be unlawful for owners of cattle, horses, mules, hogs, sheep, or goats to
allow them to run at large along or
on any public highway in the state of Arkansas.
Any person
or persons found guilty of violation of this Act shall be deemed guilty of a misdemeanor and shall be fined
not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00) for
the first offense, and any subsequent violation shall be subject to a fine
of not less than Fifty Dollars. (Ord.
No. 1, Secs. 1-2.)
B. The
keeping of horses or cows within the corporate limits of the city is permitted where they are maintained on an enclosed
pasture containing one (1) acre for each animal.
C. The
keeping of horses and cows in enclosures as herein provided within the limits of the city shall be under the supervision and
control of the proper law enforcement official.
Should any of the enclosures become harbors for breeding flies, mosquitoes and rats, or
should they become unsanitary, obnoxious, unhealthful and/or discomforting to any of the
citizens of the city because of conditions created by keeping of said animals, the proper law
enforcement official, upon investigating and finding any such conditions to exist,
shall serve written notice on the owners or keepers of the premises as to the conditions
thereof by delivering a copy of the notice to the owner or keeper, or by
posting same
in a conspicuous place on the premises, and if within five (5) days after
service of notice
said owner or keeper has not corrected the conditions, the City Attorney is authorized
to institute an action in a court of competent jurisdiction to abate same as a nuisance.
6.08.02 Hogs, goats and sheep. It shall be unlawful for any
person to keep any hogs, goats or sheep within the city or to permit any such
animals to run at large within the city, except
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when in transit, they may be kept for a period not to exceed twenty-four (24) hours in an established stockyard.
STATE LAW REFERENCE - See A.C.A. 14-54-1101
6.08.03 Swine
The City council of the City of Norfork, Arkansas
declares it unlawful to have a swine in captivity or running at large within
200 feet of a dwelling or business.
Anyone now having swine in violation of this ordinance shall be notified
and given ample time to vacate said swine.
Therefore anyone violating this ordinance shall be
fined the sum of One Hundred Dollars ($100.00).
(Ord. No. 82-3, Sec. 1.)
6.08.04 Diseased animals. No person
shall be allowed to transport into this city any animal affected with a
contagious disease.
6.08.05 Releasing animals. It shall be unlawful for any person to
knowingly release any animal in any public place within the corporate limits of
the city.
6.08.06 Fowl. It shall be
unlawful for any person owning or having control of any chickens, turkeys or
other fowl to allow the same to run at large within the city.
6.08.07 Cruelty to animals. If any person shall drive, overload, torture,
torment, deprive of necessary sustenance or cruelly beat or needlessly mutilate
or kill any animal, he shall be guilty of a misdemeanor.
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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
CHAPTER
7.04
STATE CRIMINAL
STATUTES AND PENALTIES
Sections:
7.04.01 State
criminal statutes adopted
7.04.02 State
penalties adopted
STATE LAW REFERENCE - See A.C.A. 14-55-501
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
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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
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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.)
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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
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
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.
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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
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
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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
(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.
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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
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
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
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street, alley, right-of-way and/or any other property owned
by the city of
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
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 numbers
9.12.01
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
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
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
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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
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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
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.)
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
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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
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
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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 11th 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.)
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
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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.
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.
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
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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
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.)
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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 10th 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
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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
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
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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
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
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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
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
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
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.)
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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.)
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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
85.1
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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.)
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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.
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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.
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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
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
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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.
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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.)
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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.
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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
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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.)
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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.
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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
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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.
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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
11.24.10 Mobile
homes
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
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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
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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.
11.24.10 Mobile homes Strapping and underpinning for mobile homes with non-flammable
materials is mandatory.
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
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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
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.)
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TITLE 12
PARKS AND RECREATION
(Reserved)
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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
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.
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TITLE 14
ZONING
Chapters:
14.04 Zoning
Ordinance Adopted By Reference
14.08 Flood
Damage Prevention Program
14.12
14.16 Annexation,
Vacating and Re-Zoning by Reference
14.20 Manufactured
Homes
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
14.04.02 Amendments
Ord. No. 2004-5
Section 06.01.02B, 3rd
paragraph, third line should read "…Arkansas Statute 19-2029 by the
Building Official; and in…
Section 07.04.00 B, 2nd
and 3rd 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
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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
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CHAPTER 14.08
FLOOD DAMAGE PREVENTION PROGRAM
Sections;
14.08.01 Flood
damage prevention program adopted by reference
14.08.01 Flood damage prevention program adopted by reference There
is hereby adopted by reference a flood damage prevention regulatory code having
been designed by the legislature of the state of
104.2
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office hours. The
code shall include the following articles:
ARTICLE 1. Statutory
authorization, findings of fact, purpose and methods
ARTICLE 2. Definitions
ARTICLE 3. General
provisions
ARTICLE 4.
Administration
ARTICLE 5. Provisions
for flood hazard reduction
(Ord. No. 89-07, Sec. 1.)
CHAPTER 14.12
Sections:
14.12.01 Location
14.12.02 Effect
14.12.01 Location No cellular towers will be located within the city of
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
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14.16.01 Annexation of property
Ord. No. 40 All
of the west half (W1/4) Northwest quarter 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 (W 2 ) 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. 2001-09 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
14.16.02 Vacating of property
Ord. No. 53 Portion
of old
Portion of
Ord. No. 95-02 Abutting
Lots 21,20,17,18 and 19 of River Meadows Subdivision
14.16.03 Re-zoning of property
Ord. No. 2002-05 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
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,
to No.
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
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CHAPTER
14.20
MANUFACTURED
HOMES
Sections:
14.20.01 Manufactured Home Residential
14.20.02 Additional requirements
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. Permanent structures requirements
1. 10 foot setback
from all property lines.
2. Portable buildings require a 5 foot
setback from all property lines.
3. Fences may be put on property lines but
must have the finished side facing away from the property. (Ord. No. 2007-7, Sec. 1.)
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 shall be in place
and undamaged. No dented, torn, burned,
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.
8. Doors shall be plumb and fully
operational. No damaged screening or
door fixtures shall be allowed.
105.2
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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.
(Ord.
No. 03-14, 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 be constructed on a slab or have continuous masonry underpinning.
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 feet by six feet and
oriented to the front yard. (Ord. No.
03-14, Sec. 2.)
105.3
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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.)
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SUPPLEMENT NO 1
CODE OF ORDINANCES
CITY OF NORFORK
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2, 1999
SUPPLEMENT NO. 2
CODE OF ORDINANCES
CITY OF
NORFORK, ARKANSAS
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Municipal Officials Municipal
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105 105
105.1
March
16, 2000
SUPPLEMENT NO. 3
CODE OF ORDINANCES
CITY OF
NORFORK, ARKANSAS
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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