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15630• 15,630' • `31' 1 ORDINANCE NO. 2 3 AN ORDINANCE AMENDING CERTAIN SECTIONS OF 4 THE CODE OF ORDINANCES OF THE CITY OF 5 LITTLE ROCK. 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS 8 OF THE CITY OF LITTLE ROCK, ARKANSAS: 9 SECTION 1. Section 32 -8. Obstructions to visibility at 10 intersections. This section to be amended by adding the 11 following language to read as follows: 12 (d) No obstruction to cross - visibility shall be deemed 13 to be excepted from the application of this ordinance because of 14 its being in existence at the time of the adoption hereof.. 15 (e) Any person, persons or corporations violating this 16 ordinance shall be guilty of a misdemeanor and each day that the 17 violation shall continue after notice to such person, persons or i8 corporations shall constitute a separate offense. 19 SECTION 2. Section 32 -9. Vehicle equipment and condition. 20 This section to be amended by adding the following language: 21 (b) No person shall drive a motor vehicle not complying 22 with the following requirements as to equipment: 23 1. Brakes: All motor vehicles, except 24 motorcycles, shall be provided at all times with 25 two sets of adequate brakes, kept in good 26 working order, and motorcycles shall be provided 27 with one set of adequate brakes kept in good 28 working order. 29 2. Signaling Device: Every motor vehicle 30 shall be equipped with a horn, directed forward, 31 or whistle in good working order, capable of 32 emitting a sound adequate in quantity and volume 33 to give warning of the approach of such vehicle 34 to other users of the street and to pedestrians. 35 Such signaling device shall be used for warning 36 purposes only and shall not be used for making O-36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 0 0 any unnecessary noise, and no other sound - producing signaling device shall be used at any time. 3. Mirrors: All motor vehicles which are so constructed or loaded that the driver cannot see the street behind such vehicle by looking back or around the side of such vehicle shall be equipped with mirror so adjusted as to reveal the street behind and be visible from the driver's seat. 4. Muffler cutouts: Muffler cutouts shall not be used and no vehicle shall be driven in such manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling device or other parts, or by an improperly loaded cargo. The motors of all motor vehicles shall be fitted with properly attached mufflers of such capacity or construction as to quiet exhaust noises insofar as possible. Any cutout or opening in the exhaust pipe between the motor and the muffler on any motor vehicle shall be completely closed and disconnected from its operating lever, and shall be so arranged that it cannot automatically open, or be opened while 'such vehicle is in motion. (c) Overweight Vehicles. It shall be unlawful for any person to drive, operate, or move, or for the owner to cause or permit to be driven or moved upon any road or street within this city, any vehicle, or combinations of vehicles, of a size or weight exceeding the axle load limitations stated in this ordinance. All axle load limits shall be ascertained according to state law governing same. Nothing in this ordinance shall be construed to limit the traffic engineer from designating certain streets as truck routes, or prohibiting trucks from using certain city streets. 2 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 M is 0 (1) Penalties for overweight vehicles. Any operator found violating the provisions of this ordinance, or any owner, principal, employer, lessor, lessee, agent or officer of any firm or corporation who permits an operator to violate these provisions shall be guilty of a misdemeanor. (a) Upon a first conviction, an offender shall be punished by a fine of not more than one hundred dollars ($100); (b) For a second conviction within one (1) year, an offender shall be punished by a fine of not more than two hundred dollars ($200); (c) For a third conviction and each successive conviction within one (1) year, an offender shall be punished by a fine of not more than five hundred dollars ($500); and (d) If the weight of the vehicle and load exceeds the maximum as proscribed by law, the operator or any owner, principal, employer, lessor, lessee, agent, or officer of any firm or corporation who permits such operator to exceed the weight load as proscribed by law shall, in addition, pay a penalty to be computed as follows: 1. Overweight one thousand pounds (1,000 lbs.) or less, a minimum penalty of ten dollars ($10) or a maximum penalty of not more than two cents ($.02) per pound of excess weight; 2. Overweight more than one thousand pounds (1,000 lbs.) and not 3 33 • 0 1 more than two thousand pounds 2 (2,000 lbs.) a penalty of not more 3 than three cents ($.03) per pound of 4 excess weight; 5 3. Overweight more than two 6 thousand pounds (2,000 lbs.) and not 7 more than three thousand pounds 8 (3,000 lbs.), a penalty of not more 9 than four cents ($.04) per pound of 10 excess weight; and 11 4. Overweight more than three 12 thousand pounds (3,000 lbs.) a 13 penalty of not more than five cents 14 ($.05) per pound for each pound of 15 excess weight. 16 (d) When any vehicle is found to 17 exceed any weight limitation imposed by 18 this ordinance, the vehicle shall be 19 stopped at a suitable place and remain 20 standing until the overweight shall have 21 been removed. 22 SECTION 3. The following sections shall be added to 23 Article V of Chapter 32 of the Little Rock Code of Ordinances, 24 1988R and shall read as follows: 25 Section 32 -192. Use of headlights required. No person 26 shall drive a vehicle during the period from sunset to sunrise 27 without front and rear lights, which shall meet all the 28 requirements of state law. 29 Section 32 -193. Littering of Public street. sidewalk 30 alley or Public thoroughfare or any Private or public Property 31 adjacent thereto from vehicles prohibited. 32 (a) It shall be unlawful for any person, firm or 33 corporation to cast, throw, drop, place, track or otherwise 34 cause or permit to be located upon, in, or about any public 35 street, sidewalk, alley or public thoroughfare, or any private 36 or public property adjacent thereto, from any type of vehicle, V 34 0 0 1 any dirt, trash, refuse, junk, garbage or litter. 2 (b) No vehicle shall be used to haul rubbish, trash, 3 loose bottles, tin cans, brush, waste paper, loose dirt, rocks, 4 or material of similar nature, upon the public streets without 5 first having been equipped with the proper equipment, as 6 hereinafter set out, to prevent the load, or any part thereof, 7 from falling, dropping or being blown off the vehicle while in 8 motion. The bed and sidewalls thereof shall not drop through or 9 from the vehicle. The vehicle shall not be loaded in such a 10 manner that any part of the load extends above or over the 11 sidewalls of the truck bed. When the vehicle is being used for 12 carrying loose paper or other material that may be blown from 13 the load, a tarpaulin or screen cover of sufficient mesh shall 14 be used to cover the load to prevent its being blown from the 15 vehicle while in motion. 16 SECTION 4. Section 32 -308 to be amended by adding the 17 following lanaguage to the title of the section and by adding 18 paragraph (c) to this section: 19 Section 32 -308. Parking near walkways in parking lots: 20 insurance required. 21 (c) Each person, firm or corporation operating a private 22 parking lot within the city is hereby required to carry a policy 23 or policies of insurance to indemnify any person or persons 24 parking vehicles on the parking lot in question, against loss by 25 fire or theft, or property damage to a vehicle occurring while 26 the vehicle in question is parked on the parking lot. 27 It is hereby declared to be a misdemeanor for any person, 28 firm, or corporation to operate a parking lot without securing 29 and maintaining in force during the operation of said parking 30 lot, the insurance as required above, and each separate day's 31 operation in violation hereof shall constitute a separate 32 offense. 33 1. The insurance shall be written by some 34 approved insurance company and shall be in an 35 amount reasonably sufficient to indemnify 36 persons parking vehicles on said parking lots as 5 30- M M M M M M M M M M M M M M 1 said amount may be fixed from time to time by 2 the city collector provided that the minimum 3 insurance carried shall be two thousand five 4 hundred dollars ($2,500). Provided, however, 5 that in lieu of insurance against loss from 6 property damage, any parking lot operator may 7 furnish to the city collector a surety bond 8 written by an approved corporation in the 9 minimum amount of two thousand five hundred 10 dollars ($2,500); said surety bond to guarantee 11 payment up to two thousand five hundred dollars 12 ($2,500) of any judgment that may be recovered 13 against said parking lot operator for property 14 damages suffered by the owner of any vehicle 15 which is parked in the custody of any parking 16 lot operator. 17 2. All such policies of insurance or 18 - authenticated_ copies, satisfactory to the city 19 collector, shall be kept on file in the office 20 of the city collector. 21 The insurance coverage required in the 22 foregoing section shall apply only to .those 23 persons who park their vehicles on said parking 24 lots for compensation to the parking lot 25 operator. The city collector is hereby directed 26 to refuse to issue a parking lot operators' 27 license to any applicant until and unless such 28 applicant furnishes to the collector an 29 appropriate insurance policy in a sufficient 30 amount as required by this chapter. 31 SECTION S. Article VI. Stopping. Standing and Parking to 32 be amended by adding Section 32 -320. Obtaining narking 33 accommodations by fraud. 34 (a) No person shall park a vehicle on any public owned 35 parking lot or facility without paying such parking 36 accommodation, or after parking a vehicle thereon remove the 6 KZ01 M 37 1 vehicle from such parking lot or facility without paying for 2 such parking accommodation, with intent to defraud the operator 3 thereof. 4 (b) Evidence that a person left the premises of a parking 5 lot or facility referred to in subsection (a) hereof without 6 paying or offering to pay for such parking accommodation shall 7 be prima facie proof that such person obtained such parking 8 accommodation with intent to defraud the operator of such 9 parking lot or facility. 10 SECTION 6. Section 32 -404 to be amended by adding the 11 following language to the title of the section and by adding 12 paragraph (b) to this section. 13 Section 32 -404. Use of slugs Prohibited: tampering. 14 (b) No person shall deface, injure, tamper with, open or 15 willfully break, destroy, or impair the usefulness of any 16 parking meter. 17 SECTION 7. Section 32 -463 to be amended by adding the 18 following language to the title of the section and by adding 19 paragraph (b) to this section. 20 Section 32 -463. "Use of bicycles ", coasters, roller 21 skates, and similar devices restricted. 22 (b) No person riding upon any bicycle, coaster, roller 23 skates, sled or toy vehicle shall attach the same or himself to 24 any vehicle upon a public street, public property, or private 25 property that is publicly accessible. 26 SECTION S. Section 20 -28. Abatement notice and notice 27 to vacate to be amended to read as follows: 28 (a)(6) State that, if such repairs, 29 reconstruction, alteration, removal or 30 demolition are not completed within the stated 31 time as set forth in the notice, the building 32 official may institute legal proceedings by 33 charging the person with a violation of this 34 code or may cause through demolition or 35 otherwise, an abatement of the nuisance. 36 (b)(2) By depositing the notice in the 7 • • 1 United States Post Office addressed to the owner 2 at his last known address by certified mail, 3 return receipt requested, with postage prepaid 4 thereon; 5 SECTION 9. Section 20 -29. Abatement by city to be amended 6 to read as follows: 7 (a) If the owner, agent or person in 8 control of premises subject to a notice served 9 pursuant to this article cannot be found within 10 the stated 'time limit, or if the owner, agent, 11 or person in control fails, neglects, or refuses 12 to comply with the notice to repair, 13 rehabilitate, secure, or demolish and remove the 14 building or structure the building official, 15 after having ascertained the cost may cause such 16 building or structure to be abated, demolished 17 or secured as provided for by order of the City 18 Board of Directors. The building official shall 19 require that the building or structure remain 20 vacant during the pendency of the action or 21 until the nuisance is abated. 22 SECTION 10. Section 20 -26 to be amended to read as 23 follows and to be added to the beginning of this article. 24 Section 20 -26. Violation. 25 It shall be a violation of this article for any owner, as 26 defined herein, to permit or allow to remain any dangerous, 27 dilapidated, substandard or unsafe building or structure. 28 SECTION 11. Section 20 -27 to be amended to read as 29 follows and to be added to the beginning of this article. 30 Section 20 -27. Jurisdiction. 31 In every case in which any person shall be prosecuted and 32 found guilty of a violation of any of the provisions of this 33 chapter or any other ordinance of the city in relation to 34 nuisances, it shall be competent for, and shall be the duty of 35 the municipal court, if the circumstances of the case require 36 it, to make an order requiring the removal, abatement or 8 33 39 1 discontinuance of the nuisance shown in such case, and to order 2 and direct that if within a reasonable and given time therein 3 named, the same shall not be removed, abated or discontinued by 4 the person or persons proceeded against therefor, such nuisance 5 shall be abated or removed by the building official with such 6 assistance as he may deem necessary to call to his aid for that 7 purpose, and in such case the person proceeded against shall be 8 responsible for all the costs and expenses incurred in the 9 removal or abatement of such nuisance by the building official. 10 SECTION 12. All sections of Article II. Unsafe Buildings 11 or Structures shall be renumbered appropriately based on the 12 inclusion of Sections 10 and it as referenced above. PASSED: January 17, 1989 ATTEST: APPROVED: —�, —� 'j/ 44t:jl. 0 tp" CIT4 CLERK JAI�F'E CZECH MAYOR FLO._D C. VILLINES, III APPROVED S TO FO MARK STODOLA, CITY ATTORNEY 7